District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	OFFICE OF COUNCILMEMBER ANITA BONDS
4	4	CHAIR, COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR
5	5	THE JOHN A. WILSON BUILDING
6	6	1350 PENNSYLVANIA AVENUE, NW
7	7	WASHINGTON, DC 20004
8	8
9	9	February 20, 2025
10	10
11	11	Nyasha Smith, Secretary
12	12	Council of the District of Columbia
13	13	1350 Pennsylvania Avenue, N.W.
14	14	Washington, DC 20004
15	15
16	16
17	17	Dear Secretary Smith,
18	18
19	19	Today, along with Councilmember Robert White, I am introducing the “Defective Deed
20	20	Recordation Clarification Amendment Act of 2025.” Please find enclosed a signed copy of
21	21	the legislation.
22	22
23	23	The Property Conveyancing Revision Act of 1994 included a standard curative provision, which
24	24	allowed instruments recorded in the Office of the Recorder of Deeds with a defective
25	25	conveyance in the formal requisites to become effective. Curative provisions are necessary for
26	26	ensuring the reliability of the public record in cases where a deed is recorded with a harmless
27	27	technical error, such as a smudged notary seal.
28	28
29	29	The 1994 Act’s curative provision had two sections: one curing defective instruments recorded
30	30	before the act took effect on April 27, 1994, and one curing defective instruments recorded after
31	31	the act took effect. However, when the Council passed the Revised Uniform Law on Notarial
32	32	Acts Amendment Act of 2022, the Council inadvertently revised the latter section by replacing
33	33	the effective date of that provision with the effective date of the new act without making any
34	34	change to the former section. Because the former section applies only to deeds recorded before
35	35	April 27, 1994 and the latter section now applies only to deeds recorded after September 21,
36	36	2022, this change created a 30-year gap where recorded deeds cannot be corrected through any
37	37	curative provision.
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39	39	The DC Land Title Association brought this issue to the Council’s attention, and explained the
40	40	challenges created by a 30-year gap in the law. In addition to diminishing the reliability of the
41	41	public record, the absence of a curative provision can create challenges for District residents
42	42	looking to insure their land title. Without a curative provision in effect, homeowners whose
43	43	deeds were recorded with a technical error during the past 30 years would have to correct the deed by contacting the previous title holder. In cases where the previous homeowner has moved
44	44	away or is deceased, this process can be difficult and costly.
45	45
46	46	This bill permanently addresses the issue by replacing the two curative provisions with one
47	47	section effective for all deeds recorded both before and after the passage of this legislation. The
48	48	bill maintains the same substantive language for curing a defective instrument, provides for the
49	49	opportunity to challenge a defective instrument within six months of recordation (a provision
50	50	which was present in the original 1994 act, but which was removed by the 2022 act), and
51	51	provides for the opportunity to challenge instruments recorded prior to this act within six months
52	52	of the effective date of this legislation. Language establishing an opportunity to challenge
53	53	instruments that pre-date curative provisions was also included in the 1994 act.
54	54
55	55	Should you have any questions about this legislation, please contact Kevin Chavous, Committee
56	56	Director, at kchavous@dccouncil.gov.
57	57
58	58
59	59	Thank you,
60	60
61	61	Anita Bonds
62	62	1
63	63	2
64	64	3
65	65	_____________________________ __________________________ 4
66	66	Councilmember R obert C. White, Jr. Councilmember Anita Bonds 5
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71	71	A BILL 10
72	72	11
73	73	________ 12
74	74	13
75	75	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
76	76	15
77	77	______________________ 16
78	78	17
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80	80	To amend An Act To establish a code of law for the District of Columbia to validate certain 19
81	81	defective grants. 20
82	82	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
83	83	act may be cited as the “Defective Deed Recordation Clarification Amendment Act of 2025”. 22
84	84	Sec. 2. An Act To establish a code of law for the District of Columbia, approved March 23
85	85	3, 1901 ( 31 Stat. 1189, Chapter 854; D.C. Official Code § 42 -401 et seq.), is amended as 24
86	86	follows: 25
87	87	(a) Section 499a (D.C. Official Code § 42- 402) is amended to read as follows: 26
88	88	“(a) An instrument recorded in the Office of the Recorder of Deeds shall be effective 27
89	89	notwithstanding the existence of 1 or more of the failures in the formal requisites listed in 28
90	90	Section 499c, unless the failure is challenged in a judicial proceeding commenced within 6 29
91	91	months after the instrument is recorded; provided, that an instrument recorded before the 30
92	92	effective date of this act may be challenged in a judicial proceeding commenced within 6 months 31
93	93	from the effective date of this act. 32 2
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95	95	“(b) Nothing in this section shall affect the validity of instruments recorded before the 33
96	96	effective date of this act, which have been validated by prior law.”. 34
97	97	(b) Section 499b (D.C. Official Code § 42-403) is repealed. 35
98	98	Sec. 3. Fiscal impact statement. 36
99	99	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 37
100	100	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 38
101	101	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 39
102	102	Sec. 4. Effective date. 40
103	103	This act shall take effect following approval by the Mayor (or in the event of veto by the 41
104	104	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 42
105	105	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 43
106	106	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 44
107	107	Columbia Register. 45
108	108	46