ENROLLED ORIGINAL
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A RESOLUTION
25-497
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
May 7, 2024
To declare the existence of an emergency with respect to the need to enact the Uniform Unlawful
Restrictions in Land Records Act to allow homeowners to remove unlawful restrictive
covenants from the deeds to their homes and condominiums and other homeowner
associations to remove unlawful restrictive covenants from their governing documents,
and to permit the homeowner or association to fill out an amendment form and record the
amendment to their title to effectively remove the unlawful restriction; and to amend An
Act Providing for the zoning of the District of Columbia and the regulation of the
location, height, bulk, and uses of buildings and other structures and of the uses of land in
the District of Columbia, and for other purposes to declare void, as contrary to public
policy, covenants prohibiting apartment houses or buildings with multiple dwelling units
when such units otherwise would be permitted under zoning.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Unlawful Restrictions in Land Records Emergency Declaration
Resolution of 2024”.
Sec. 2. (a) There exists an immediate need to enact a uniform law to allow residents and
homeowner associations to remove unlawful restrictions from their land records and to declare
void, as contrary to public policy, covenants prohibiting apartment houses or buildings with
multiple dwelling units when such units otherwise would be permitted under zoning. In
particular, there is at least one property owned by the District where a pre-1938 covenant
purports to disallow an apartment building to be built on the site and where multifamily housing
is otherwise permissible under current zoning.
(b) Identical legislation, the Unlawful Restrictions in Land Records Act of 2024, passed
on 1st reading on May 7, 2024 (Engrossed version of Bill 25-669), was adopted on first reading
by the Council on May 7, 2024.
(c) The underlying legislation establishes a process to allow homeowners to remove
unlawful restrictive covenants from the deeds to their homes and for condominiums and other
homeowner associations to remove unlawful restrictive covenants from their governing ENROLLED ORIGINAL
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documents. The legislation also declares covenants prohibiting apartment buildings as void,
provided that such a use would be allowable under zoning.
(d) At least one property in the District is currently the subject of a pending request for
proposals to construct new government facilities on the site with additional residential housing;
however, a covenant on the property purports to prohibit such development.
Sec. 3. The Council finds that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the Uniform Unlawful Restrictions in Land
Records Emergency Amendment Act of 2024 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.