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District Of Columbia Council Bill PR25-0764

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0764 Compare Versions

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1- ENROLLED ORIGINAL
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8-A RESOLUTION
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10-25-497
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-May 7, 2024
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17-To declare the existence of an emergency with respect to the need to enact the Uniform Unlawful
18-Restrictions in Land Records Act to allow homeowners to remove unlawful restrictive
19-covenants from the deeds to their homes and condominiums and other homeowner
20-associations to remove unlawful restrictive covenants from their governing documents,
21-and to permit the homeowner or association to fill out an amendment form and record the
22-amendment to their title to effectively remove the unlawful restriction; and to amend An
23-Act Providing for the zoning of the District of Columbia and the regulation of the
24-location, height, bulk, and uses of buildings and other structures and of the uses of land in
25-the District of Columbia, and for other purposes to declare void, as contrary to public
26-policy, covenants prohibiting apartment houses or buildings with multiple dwelling units
27-when such units otherwise would be permitted under zoning.
28-
29-RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30-resolution may be cited as the “Unlawful Restrictions in Land Records Emergency Declaration
31-Resolution of 2024”.
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33-Sec. 2. (a) There exists an immediate need to enact a uniform law to allow residents and
34-homeowner associations to remove unlawful restrictions from their land records and to declare
35-void, as contrary to public policy, covenants prohibiting apartment houses or buildings with
36-multiple dwelling units when such units otherwise would be permitted under zoning. In
37-particular, there is at least one property owned by the District where a pre-1938 covenant
38-purports to disallow an apartment building to be built on the site and where multifamily housing
39-is otherwise permissible under current zoning.
40- (b) Identical legislation, the Unlawful Restrictions in Land Records Act of 2024, passed
41-on 1st reading on May 7, 2024 (Engrossed version of Bill 25-669), was adopted on first reading
42-by the Council on May 7, 2024.
43-(c) The underlying legislation establishes a process to allow homeowners to remove
44-unlawful restrictive covenants from the deeds to their homes and for condominiums and other
45-homeowner associations to remove unlawful restrictive covenants from their governing ENROLLED ORIGINAL
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52-documents. The legislation also declares covenants prohibiting apartment buildings as void,
53-provided that such a use would be allowable under zoning.
54-(d) At least one property in the District is currently the subject of a pending request for
55-proposals to construct new government facilities on the site with additional residential housing;
56-however, a covenant on the property purports to prohibit such development.
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58-Sec. 3. The Council finds that the circumstances enumerated in section 2 constitute
59-emergency circumstances making it necessary that the Uniform Unlawful Restrictions in Land
60-Records Emergency Amendment Act of 2024 be adopted after a single reading.
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62-Sec. 4. This resolution shall take effect immediately.
2+_______________________________ _______________________________ 1
3+Councilmember Matt Frumin Chairman Phil Mendelson 2
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8+A PROPOSED RESOLUTION 7
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10+_______ 9
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12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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14+____________________ 13
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17+To declare the existence of an emergency with respect to the need to enact the Uniform Unlawful 16
18+Restrictions in Land Records Act; to allow homeowners to remove unlawful restrictive 17
19+covenants from the deeds to their homes and for condominiums and other homeowner 18
20+associations to remove unlawful restrictive covenants from their governing documents; to 19
21+permit the homeowner or association to fill out an amendment form, a sample of which is 20
22+provided in the Act, and record the amendment to their title to effectively remove the 21
23+unlawful restriction; amend the Zoning Act to declare void, as contrary to public policy, 22
24+covenants prohibiting apartment houses or buildings with multiple dwelling units when 23
25+such units would otherwise be permitted under zoning. 24
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27+RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
28+resolution may be cited as the “Unlawful Restrictions in Land Records Emergency Declaration 27
29+Resolution of 2024”. 28
30+Sec. 2. (a) There exists an immediate need to enact a uniform law to allow residents and 29
31+homeowner associations to remove unlawful restrictions from their land records and to declare 30
32+void, as contrary to public policy, covenants prohibiting apartment houses or buildings with 31
33+multiple dwelling units when such units would otherwise be permitted under zoning. In 32
34+particular, there is at least one property owned by the District where a pre-1938 covenant 33
35+purports to disallow an apartment building to be built on the site and where multifamily housing 34
36+is otherwise permissible under current zoning. 35
37+ (b) Identical legislation, Bill 25-669, the “Unlawful Restrictions in Land Records Act of 36
38+2024” was adopted on first reading by the Council on May 7, 2024. 37
39+(c) The underlying legislation establishes a process to allow homeowners to remove 38
40+unlawful restrictive covenants from the deeds to their homes and for condominiums and other 39
41+homeowner associations to remove unlawful restrictive covenants from their governing 40
42+documents. The legislation also declares covenants prohibiting apartment buildings as void, 41
43+provided that such a use would be allowable under zoning. 42
44+(d) At least one property in the District is currently the subject of an pending request for 43
45+proposals to construct new government facilities on the site with additional residential housing, 44
46+however a covenant on the property purports to prohibit such development. Indeed, the need for 45
47+affordable housing District-wide makes it essential that such covenants that predate zoning are 46
48+not enforced throughout the District. 47
49+Sec. 3. The Council of the District of Columbia finds that the circumstances enumerated 48
50+in section 2 constitute emergency circumstances making it necessary that the “Uniform Unlawful 49
51+Restrictions in Land Records Emergency Act of 2024” be adopted after a single reading. 50
52+Sec. 4. This resolution shall take effect immediately. 51