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District Of Columbia Council Bill PR25-0369

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0369 Compare Versions

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11 1
2- ENROLLED ORIGINAL
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43
4+_______________________________ 1
5+Councilmember Robert C. White, Jr. 2
6+ 3
7+A PROPOSED RESOLUTION 4
8+________ 5
9+ 6
10+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
11+______________________ 8
12+ 9
13+To declare the existence of an emergency with respect to the need to amend the Rental Housing 10
14+Act of 1985 to maintain a moratorium on voluntary agreements. 11
15+ 12
16+RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 13
17+may be cited as the “Voluntary Agreement Moratorium Emergency Declaration Resolution of 14
18+2023”. 15
19+Sec. 2. (a) Section 215 of the Rental Housing Act of 1985 (D.C. Code § 42 -16
20+3502.21) allows housing providers to enter into an agreement with 70% or more of the 17
21+tenants in a housing accommodation to establish the rent charged, to make changes to 18
22+services and facilities, and to provide for capital improvements. These agreements are 19
23+called voluntary agreements and must be filed with the Rent Administrator. 20
24+(b) In September 2020, the former Committee on Housing and Neighborhood 21
25+Revitalization held a hearing to contemplate Bill 23 -878, the “Voluntary Agreement 22
26+Moratorium Amendment Act of 2020,” which would impose a 2- year moratorium on 23
27+voluntary agreements. According to the Committee Report, a majority of public 24
28+witnesses, then -Director of the Department of Housing and Community Development 25
29+Polly Donaldson, and Chief Tenant Advocate Johanna Shreve testified in support of the 26
30+moratorium; many expressed that the legislation should go further and eliminate 27 2
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632
7-
8-A RESOLUTION
9-
10-25-257
11-
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13-
14-September 19, 2023
15-
16-To declare the existence of an emergency with respect to the need to amend the Rental Housing
17-Act of 1985 to maintain a moratorium on voluntary agreements.
18-
19-RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20-resolution may be cited as the “Voluntary Agreement Moratorium Emergency Declaration
21-Resolution of 2023”.
22-
23-Sec. 2. (a) Section 215 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.
24-Law 6-10; D.C. Code § 42-3502.15), allows housing providers to enter into an agreement with
25-70% or more of the tenants in a housing accommodation to establish the rent charged, to make
26-changes to services and facilities, and to provide for capital improvements. These agreements
27-are called voluntary agreements and must be filed with the Rent Administrator.
28-(b) In September 2020, the Committee on Housing and Neighborhood Revitalization
29-held a hearing to contemplate Bill 23-878, the Voluntary Agreement Moratorium Amendment
30-Act of 2020, effective March 16, 2021 (D.C. Law 23-246; D.C. Official Code § 42-3502.15a)
31-(“Law 23-246”), which imposed a 2-year moratorium on voluntary agreements. According to
32-the committee report, a majority of public witnesses at the hearing, including then-Director of
33-the Department of Housing and Community Development, Polly Donaldson, and Chief Tenant
34-Advocate, Johanna Shreve, testified in support of the moratorium. Many expressed the view
35-that the legislation should go further and eliminate voluntary agreements altogether. A few
36-testimonies stated the importance of voluntary agreements to small landlords, though most
37-focused on the negative impact voluntary agreements have had on tenants’ rights and the
38-affordable housing stock.
39-(c) Because Law 23-246 was subject to appropriations, the moratorium ultimately took
40-effect at the beginning of Fiscal Year 2022, not on October 1, 2021.
41-(d) The current 2-year moratorium expires on October 1, 2023.
42-(e) This emergency measure is necessary to extend the moratorium for one year
43-beginning on October 1, 2023, which, while maintaining the continuity of the current law, will
44-give the Council time to deliberate a permanent legislative solution that will support tenants and
45-minimize harm to both tenants and landlords.
46-
47-
48-
49- 2
50- ENROLLED ORIGINAL
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52-
53-
54-
55-
56-Sec. 3. The Council determines that the circumstances enumerated in section 2
57-constitute emergency circumstances making it necessary that the Voluntary Agreement
58-Moratorium Emergency Amendment Act of 2023 be adopted after a single reading.
59-
60-Sec. 4. This resolution shall take effect immediately.
33+voluntary agreements altogether. A few testimonies stated the importance of voluntary 28
34+agreements to small landlords, though most focused on the negative impact voluntary 29
35+agreements have had on tenants’ rights and the affordable housing stock. 30
36+(c) In December 2020, the Council unanimously passed the 2 -year moratorium. 31
37+Because the measure was subject to appropriations, the moratorium ultimately took effect 32
38+at the beginning of Fiscal Year 2022 on October 1, 2021. 33
39+(d) In July 2023, Councilmember Bonds introduced legislation that would 34
40+eliminate voluntary agreements on a permanent basis. The Council has not yet held a 35
41+hearing on this new legislation. 36
42+(e) The existing 2- year moratorium expires on October 1, 2023. 37
43+(f) This emergency measure is necessary to extend the moratorium for one year, 38
44+which will give the Council time , while maintaining the continuity of the current law, to 39
45+deliberate a permanent legislative solution that will support tenants and minimize harm to 40
46+both tenants and landlords. 41
47+Sec. 3. The Council of the District of Columbia determines that the circumstances 42
48+enumerated in section 2 constitute emergency circumstances making it necessary that the 43
49+Voluntary Agreement Moratorium Emergency Amendment Act of 2023 be adopted after a 44
50+single reading. 45
51+Sec. 4. This resolution shall take effect immediately. 46