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A RESOLUTION
25-366
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 5, 2023
To declare the existence of an emergency, due to congressional review, with respect to the
need to amend the Rental Housing Act of 1985 to maintain a moratorium on voluntary
agreements.
RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution
may be cited as the “Voluntary Agreement Moratorium Congressional Review 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 § 42-3502.21), 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 provide for capital
improvements. These agreements are called voluntary agreements and must be filed
with the Rent Administrator.
(b) In September 2020, the former Committee on Housing and Neighborhood
Revitalization held a hearing to contemplate Bill 23-878, the Voluntary Agreement
Moratorium Amendment Act of 2020, which would impose a 2-year moratorium on
voluntary agreements. According to the Committee Report, a majority of public
witnesses, the 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 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) In December 2020, the Council unanimously passed the 2-year moratorium.
Because the measure was subject to appropriations, the moratorium ultimately took
effect at the beginning of Fiscal Year 2022 on October 1, 2021.
(d) In July 2023, Councilmember Bonds introduced legislation that would
eliminate voluntary agreements on a permanent basis. The Council has not yet held a
hearing on this introduced legislation.
(e) The existing 2-year moratorium expired on October 1, 2023.
(f) On September 19, 2023, the Council enacted the Voluntary Agreement ENROLLED ORIGINAL
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Moratorium Emergency Amendment Act of 2023 (“emergency act”) to extend the
moratorium for one year, which will give the Council time to deliberate a permanent
legislative solution. The emergency act became law on October 11, 2023, and expires
on January 9, 2024.
(g) On October 3, 2023, the Council adopted the Voluntary Agreement Moratorium
Temporary Amendment Act of 2023 (“temporary measure”). The temporary measure was
enacted without the Mayor’s signature on October 26, 2023, and was transmitted to Congress on
November 6, 2023.
(h) The temporary measure is not projected to become law until January 17, 2024. This
identical emergency legislation is necessary to prevent a gap in the law between the expiration of
the emergency act and the effective date of the temporary measure.
Sec. 3. The Council determines that the circumstances enumerated in section 2
constitute emergency circumstances making it necessary that the Voluntary Agreement
Moratorium Congressional Review Emergency Amendment Act of 2023 be adopted after a
single reading.
Sec. 4. This resolution shall take effect immediately.