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Councilmember Robert C. White, Jr. 2
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A PROPOSED RESOLUTION 4
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
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To declare the existence of an emergency with respect to the need to amend the Rental Housing 10
Act of 1985 to maintain a moratorium on voluntary agreements. 11
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RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 13
may be cited as the “Voluntary Agreement Moratorium Emergency Declaration Resolution of 14
2023”. 15
Sec. 2. (a) Section 215 of the Rental Housing Act of 1985 (D.C. Code § 42 -16
3502.21) allows housing providers to enter into an agreement with 70% or more of the 17
tenants in a housing accommodation to establish the rent charged, to make changes to 18
services and facilities, and to provide for capital improvements. These agreements are 19
called voluntary agreements and must be filed with the Rent Administrator. 20
(b) In September 2020, the former Committee on Housing and Neighborhood 21
Revitalization held a hearing to contemplate Bill 23 -878, the “Voluntary Agreement 22
Moratorium Amendment Act of 2020,” which would impose a 2- year moratorium on 23
voluntary agreements. According to the Committee Report, a majority of public 24
witnesses, then -Director of the Department of Housing and Community Development 25
Polly Donaldson, and Chief Tenant Advocate Johanna Shreve testified in support of the 26
moratorium; many expressed that the legislation should go further and eliminate 27 2
voluntary agreements altogether. A few testimonies stated the importance of voluntary 28
agreements to small landlords, though most focused on the negative impact voluntary 29
agreements have had on tenants’ rights and the affordable housing stock. 30
(c) In December 2020, the Council unanimously passed the 2 -year moratorium. 31
Because the measure was subject to appropriations, the moratorium ultimately took effect 32
at the beginning of Fiscal Year 2022 on October 1, 2021. 33
(d) In July 2023, Councilmember Bonds introduced legislation that would 34
eliminate voluntary agreements on a permanent basis. The Council has not yet held a 35
hearing on this new legislation. 36
(e) The existing 2- year moratorium expires on October 1, 2023. 37
(f) This emergency measure is necessary to extend the moratorium for one year, 38
which will give the Council time , while maintaining the continuity of the current law, to 39
deliberate a permanent legislative solution that will support tenants and minimize harm to 40
both tenants and landlords. 41
Sec. 3. The Council of the District of Columbia determines that the circumstances 42
enumerated in section 2 constitute emergency circumstances making it necessary that the 43
Voluntary Agreement Moratorium Emergency Amendment Act of 2023 be adopted after a 44
single reading. 45
Sec. 4. This resolution shall take effect immediately. 46