District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0563 Compare Versions

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11 1
2- ENROLLED ORIGINAL
32
43
4+ ___________________________ 1
5+ Councilmember Robert C. White, Jr. 2
6+ 3
7+ 4
8+A PROPOSED RESOLUTION 5
9+________ 6
10+ 7
11+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
12+______________________ 9
13+ 10
14+To declare the existence of an emergency with respect to the need to amend the Rental Housing 11
15+Act of 1985 to enact a moratorium on applications for, and the Mayor’s issuance of, 12
16+certificates of assurance associated with District rent stabilization laws . 13
17+ 14
18+RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 15
19+may be cited as the “Certificate of Assurance Moratorium Second Extension Emergency 16
20+Declaration Resolution of 2023”. 17
21+Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-18
22+3502.21) allows owners of housing accommodations to apply for certificates of assurance 19
23+from the Mayor, which would provide that in the event their properties become subject to 20
24+any rent stabilization, the owners would recover in the form of a District real estate tax 21
25+credit the difference between the annual fair market rents and the annual amount of 22
26+stabilized rents the owners receive from the tenants in the housing accommodations . 23
27+(b) Because the certificate of assurance entitlement lasts for as long as the 24
28+properties remain housing accommodations , the entitlement may create a potentially 25
29+prohibitive fiscal impact on future reform legislation . 26
30+(c) Implementation barriers and concerns kept the program from ever being fully 27
31+operational. 28 2
532
633
7-
8-A RESOLUTION
9-
10-25-393
11-
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13-
14-December 19, 2023
15-
16-To declare the existence of an emergency with respect to the need to amend the Rental
17-Housing Act of 1985 to enact a moratorium on applications for, and the Mayor’s
18-issuance of, certificates of assurance associated with District rent stabilization laws.
19-
20-RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution
21-may be cited as the “Certificate of Assurance Moratorium Second Extension Emergency
22-Declaration Resolution of 2023”.
23-
24-Sec. 2. (a) Section 221 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.
25-Law 6-10; D.C. Code § 42-3502.21), allows owners of housing accommodations to apply for
26-certificates of assurance from the Mayor, which would provide that in the event their properties
27-become subject to any rent stabilization, the owners would recover in the form of a District real
28-estate tax credit the difference between the annual fair market rents and the annual amount of
29-stabilized rents the owners receive from the tenants in the housing accommodations.
30-(b) Because the certificate of assurance entitlement lasts for as long as the properties
31-remain housing accommodations, the entitlement may create a potentially prohibitive fiscal
32-impact on future reform legislation.
33-(c) Implementation barriers and concerns kept the program from ever being fully
34-operational.
35-(d) On September 22, 2020, the Council passed the Certificate of Assurance Moratorium
36-Emergency Amendment Act of 2020, effective November 2, 2020 (D.C. Act 23-454; 67 DCR
37-13216), which placed an emergency moratorium on applications for, and the Mayor’s issuance
38-of, certificates of assurance to owners of housing accommodations.
39-(e) Most recently, this moratorium was extended by the Certificate of Assurance
40-Moratorium Extension Temporary Amendment Act of 2023, effective June 14, 2023 (D.C. Law
41-25-18; 70 DCR 6337), which will expire on January 25, 2024.
42-(f) Emergency legislation is necessary to maintain the status quo while permanent
43-legislation is introduced and considered.
44-
45-Sec. 3. The Council of the District of Columbia determines that the circumstances
46-enumerated in section 2 constitute emergency circumstances making it necessary that the
47-Certificate of Assurance Moratorium Second Extension Emergency Amendment Act of 2023 be 2
48- ENROLLED ORIGINAL
49-
50-
51-
52-
53-
54-adopted after a single reading.
55-
56-Sec. 4. This resolution shall take effect immediately.
34+(d) On September 22, 2020, the Council passed the Certificate of Assurance 29
35+Moratorium Emergency Amendment Act of 2020 (Bill 23-0900), which placed an 30
36+emergency moratorium on applications for, and the Mayor’s issuance of, c ertificates of 31
37+assurance to owners of housing accommodations. 32
38+(e) Most recently, this moratorium was extended by the Certificate of Assurance 33
39+Moratorium Second Extension Temporary Amendment Act of 2023, which will expire on 34
40+January 25
41+th
42+ 2024. 35
43+(f) The Certificate of Assurance Moratorium Second Extension Emergency 36
44+Amendment Act of 2023 is necessary to maintain the status quo while permanent 37
45+legislation is introduced and considered. 38
46+Sec. 3. The Council of the District of Columbia determines that the circumstances 39
47+enumerated in section 2 constitute emergency circumstances making it necessary that the 40
48+Certificate of Assurance Moratorium Second Extension Emergency Amendment Act of 2023 be 41
49+adopted after a single reading. 42
50+Sec. 4. This resolution shall take effect immediately. 43