1
ENROLLED ORIGINAL
A RESOLUTION
25-257
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 19, 2023
To declare the existence of an emergency with respect to the need to amend the Rental Housing
Act of 1985 to maintain a moratorium on voluntary agreements.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Voluntary Agreement Moratorium Emergency Declaration
Resolution of 2023”.
Sec. 2. (a) Section 215 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.
Law 6-10; D.C. Code § 42-3502.15), allows housing providers to enter into an agreement with
70% or more of the tenants in a housing accommodation to establish the rent charged, to make
changes to services and facilities, and to provide for capital improvements. These agreements
are called voluntary agreements and must be filed with the Rent Administrator.
(b) In September 2020, the Committee on Housing and Neighborhood Revitalization
held a hearing to contemplate Bill 23-878, the Voluntary Agreement Moratorium Amendment
Act of 2020, effective March 16, 2021 (D.C. Law 23-246; D.C. Official Code § 42-3502.15a)
(“Law 23-246”), which imposed a 2-year moratorium on voluntary agreements. According to
the committee report, a majority of public witnesses at the hearing, including then-Director of
the Department of Housing and Community Development, Polly Donaldson, and Chief Tenant
Advocate, Johanna Shreve, testified in support of the moratorium. Many expressed the view
that the legislation should go further and eliminate voluntary agreements altogether. A few
testimonies stated the importance of voluntary agreements to small landlords, though most
focused on the negative impact voluntary agreements have had on tenants’ rights and the
affordable housing stock.
(c) Because Law 23-246 was subject to appropriations, the moratorium ultimately took
effect at the beginning of Fiscal Year 2022, not on October 1, 2021.
(d) The current 2-year moratorium expires on October 1, 2023.
(e) This emergency measure is necessary to extend the moratorium for one year
beginning on October 1, 2023, which, while maintaining the continuity of the current law, will
give the Council time to deliberate a permanent legislative solution that will support tenants and
minimize harm to both tenants and landlords.
2
ENROLLED ORIGINAL
Sec. 3. The Council determines that the circumstances enumerated in section 2
constitute emergency circumstances making it necessary that the Voluntary Agreement
Moratorium Emergency Amendment Act of 2023 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.