District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0124 Compare Versions

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8-A RESOLUTION
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10-25-79
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-March 7, 2023
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6+_______________________________ 3
7+Councilmember Robert C. White, Jr. 4
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9+A PROPOSED RESOLUTION 6
10+________ 7
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12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
13+______________________ 10
14+ 11
15+To declare the existence of an emergency with respect to the need to amend the Rental Housing 12
16+Act of 1985 to enact a moratorium on applications for, and the Mayor’s issuance of, 13
17+certificates of assurance associated with District rent stabilization laws . 14
18+ 15
19+RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 16
20+may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration 17
21+Resolution of 2023”. 18
22+Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-19
23+3502.21) allows owners of housing accommodations to apply for certificates of assurance 20
24+from the Mayor, which would provide that in the event their properties become subject to 21
25+any rent stabilization, the owners would recover in the form of a District real estate tax 22
26+credit the difference between the annual fair market rents and the annual amount of 23
27+stabilized rents the owners receive from the tenants in the housing accommodations . 24
28+(b) Because the certificate of assurance entitlement lasts for as long as the 25
29+properties remain housing accommodations , the entitlement may create a potentially 26
30+prohibitive fiscal impact on future legislation . 27
31+(c) Implementation barriers and concerns kept the program from ever being fully 28
32+operational. 29 2
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17-To declare the existence of an emergency with respect to the need to amend the Rental
18-Housing Act of 1985 to enact a moratorium on applications for, and the Mayor’s
19-issuance of, certificates of assurance associated with District rent stabilization laws .
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21-RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution
22-may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration
23-Resolution of 2023”.
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25-Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-
26-3502.21), allows owners of housing accommodations to apply for certificates of
27-assurance from the Mayor, which would provide that in the event their properties
28-become subject to rent stabilization , the owners would recover in the form of a District
29-real estate tax credit the difference between the annual fair market rents and the annual
30-amount of stabilized rent s the owners receive from the tenants in the housing
31-accommodations.
32-(b) Because the certificate of assurance entitlement lasts for as long as the
33-properties remain housing accommodations , the entitlement may create a potentially
34-prohibitive fiscal impact on future legislation .
35-(c) Implementation barriers and concerns kept the program from ever being
36-fully operational.
37-(d) On September 22, 2020, the Council passed t he Certificate of Assurance
38-Moratorium Emergency Amendment Act of 2020, enacted November 2, 2020 ( D.C.
39-Act 23-454; 67 DCR 13216), which placed an emergency moratorium on applications
40-for, and the Mayor’s issuance of, certificates of assurance to owners of housing
41-accommodations. The Council has passed further emergency and temporary legislation
42-in 2021 and 2022 to extend the moratorium.
43-(e) The Certificate of Assurance Moratorium Emergency Amendment Act of
44-2023 is necessary to maintain the status quo and give the Council time to carefully
45-deliberate an appropriate course of action regarding certificates of assurance.
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47-Sec. 3. The Council of the District of Columbia determines that the circumstances
48-enumerated in section 2 constitute emergency circumstances making it necessary that the ENROLLED ORIGINAL
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55-Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be
56-adopted after a single reading.
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58-Sec. 4. This resolution shall take effect immediately.
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35+(d) On September 22, 2020, the Council passed the Certificate of Assurance 30
36+Moratorium Emergency Amendment Act of 2020 (Bill 23-0900), which placed an 31
37+emergency moratorium on applications for, and the Mayor’s issuance of, c ertificates of 32
38+assurance to owners of housing accommodations. 33
39+(d) On June 29, 2021, the Council passed t he Certificate of Assurance Moratorium 34
40+Extension Emergency Amendment Act of 2021 (Bill 24 -0314) and the Certificate of 35
41+Assurance Moratorium Extension Temporary Amendment Act of 2021 (Bill 24 -0315) to 36
42+extend the moratorium. 37
43+(e) On May 3, 2022, the Council passed the Certificate of Assurance Moratorium 38
44+Extension Emergency Amendment Act of 2022 (Bill 24 -0772) and the Certificate of 39
45+Assurance Moratorium Extension Temporary Amendment Act of 2022 (Bill 24- 0773) to 40
46+again extend the moratorium. 41
47+(f) The Certificate of Assurance Moratorium Emergency Amendment Act of 2023 42
48+is necessary to maintain the status quo and give the Council time to carefully deliberate 43
49+an appropriate course of action reg arding certificates of assurance. 44
50+Sec. 3. The Council of the District of Columbia determines that the circumstances 45
51+enumerated in section 2 constitute emergency circumstances making it necessary that the 46
52+Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be adopted 47
53+after a single reading. 48
54+Sec. 4. This resolution shall take effect immediately. 49