ENGROSSED ORIGINAL
1 A BILL
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3 B25-418
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 ––––––––
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9 To amend the District of Columbia Housing Finance Agency Act to establish a permanent
10 Reverse Mortgage Foreclosure Prevention Program, include condominium fees and
11 homeowners association fees as approved uses of the financial assistance provided by the
12 Reverse Mortgage Foreclosure Prevention Program, and expand eligibility for the
13 Reverse Mortgage Foreclosure Prevention Program to homeowners whose spouses have
14 executed a reverse mortgage; to amend the Rental Housing Act of 1985 to update
15 procedures for voluntary agreements, remove the Mayor’s authority to issue certificates
16 of assurance, reflect changes in jurisdiction over administrative hearings, increase the
17 time in which parties aggrieved by final decisions of the Rent Administrator or Office of
18 Administrative Hearings in contested cases may prepare and file an appeal to the Rental
19 Housing Commission, expedite the processing and improve the content of administrative
20 records for cases appealed to the Rental Housing Commission, provide parties before the
21 Rental Housing Commission sufficient time to brief arguments on appeal, provide the
22 Rental Housing Commission sufficient time to afford due consideration to the issues on
23 appeal, and provide greater opportunities for mediation and settlement of disputes for
24 cases on appeal in the Rental Housing Commission; to amend the Condominium Act of
25 1976 to authorize condominium unit owners’ associations to conduct virtual meetings
26 and clarify voting and quorum requirements for such meetings; to amend section 29-910
27 of the District of Columbia Official Code to allow cooperatives to conduct remote
28 meetings; to amend sections 29-1005.06, 29-1005.07, and 29-1008.11(b) of the District
29 of Columbia Official Code to allow limited equity cooperatives to conduct remote
30 meetings; to amend the Commission on Re-Entry and Returning Citizens Affairs
31 establishment law to ensure it contains accurate legislative references and agency names;
32 and to amend the Confirmation Act of 1978 to add the Commission on Re-Entry and
33 Returning Citizens to the list of boards and commissions that require a 45-day Council
34 review prior to passive approval.
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36 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
37 act may be cited as the “Fairness and Stability in Housing Amendment Act of 2024”.
38 TABLE OF CONTENTS
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40 TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM. ........................ 2
41 TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985. ....................................... 4
42 SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES. ...................................................... 4
43 SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURES. ........................ 6
44 SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL. ........................................................... 7
45 TITLE III. ASSOCIATION MEETING FLEXIBILITY. ...................................................................... 7
46 TITLE IV. COMMISSION ON RE-ENTRY AND RETURNING CITIZENS ESTABLISHMENT
47 UPDATE. ................................................................................................................................................... 10
48 TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE ................................................... 11
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50 TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM.
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52 Sec. 101. Section 307a of the District of Columbia Housing Finance Agency Act,
53 effective October 30, 2018 (D.C. Law 22-168; D.C. Official Code § 42-2703.07a), is amended as
54 follows:
55 (a) Subsection (a) is amended as follows:
56 (1) Paragraph (1) is amended as follows:
57 (A) Strike the phrase “as a pilot program”.
58 (B) Strike the phrase “and property insurance debts” and
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59 insert the phrase “, property insurance debts, condominium fees, and homeowner association
60 fees” in its place.
61 (2) Paragraph (3) is repealed.
62 (b) Subsection (d) is amended by striking the number “$25,000” and inserting the number
63 “$40,000” in its place.
64 (c) Subsection (e) is repealed.
65 (d) Subsection (f) is amended as follows:
66 (1) Paragraph (1) is amended as follows:
67 (A) Subparagraph (A) is amended by striking the phrase “or insurance
68 premiums” and inserting the phrase “, insurance premiums, condominium fees, or homeowner
69 association fees” in its place.
70 (B) Subparagraph (B) is amended by striking the phrase “and insurance
71 premiums” and inserting the phrase “, insurance premiums, condominium fees, and homeowner
72 association fees” in its place.
73 (2) Paragraph (3)(C) is amended by striking the word “executed” and inserting the
74 phrase “executed, or whose spouse has executed,” in its place.
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75 TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985.
76 SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES.
77 Sec. 201. (a) Section 215 of the Rental Housing Act of 1985, effective July 17, 1985
78 (D.C. Law 6-10; D.C. Official Code § 42-3502.15), is amended as follows:
79 (1) Subsection (a) is amended as follows:
80 (A) Strike the word “Seventy percent” and insert the phrase “Pursuant to
81 rules and procedures enacted under section 202(a)(1) of this act, 70%,” in its place.
82 (B) Paragraph (1) is amended by striking the word “rent” and inserting the
83 phrase “reasonable rent” in its place.”
84 (2) A new subsection (a-1) is added to read as follows:
85 “(a-1) A tenant in a unit exempt from the Rent Stabilization Program under section
86 205(a) of this act shall be permitted to comment on the provisions of a voluntary agreement and
87 shall have their comments included in any filing of a voluntary agreement to the Rent
88 Administrator.”.
89 (3) Subsection (b) is amended to read as follows:
90 “(b) A housing provider, tenant, or tenant association shall file a voluntary agreement
91 with the Rent Administrator. If approved by the Rent Administrator, the agreement shall be
92 binding on the housing provider and on all tenants, except as specified in section 224(i)(2) of this
93 act. The voluntary agreement shall include:
94 “(1) The signature of each tenant, including a tenant who opted out of the
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 95 voluntary agreement pursuant to subsection (a-1) of this section;
96 “(2) The number of each tenant’s rental unit;
97 “(3) The specific amount of increased rent each tenant will pay, if applicable;
98 “(4) A statement that the agreement was entered into voluntarily without any form
99 of coercion, as defined by subsection (e) of this section, on the part of the housing provider;
100 “(5) An explanation of why the housing provider did not pursue a rent adjustment
101 under sections 210, 211, 212, and 214; and
102 “(6) Any other information the Rent Administrator requires.”.
103 (4) Subsection (c) is repealed.
104 (5) New subsections (d) and (e) are added to read as follows:
105 “(d) The Rent Administrator shall determine whether a voluntary agreement complies
106 with filing requirements, was agreed to without coercion, and whether any proposed rent
107 adjustments within a voluntary agreement are reasonable.
108 “(e) For the purposes of this section, the term “coercion” includes the knowing
109 circulation of inaccurate information, frequent visits or calls over the objection of that household,
110 threat of retaliatory action, an act or threat not otherwise permitted by law which seeks to recover
111 possession of a rental unit, increase rent, decrease services, increase the obligation of a tenant or
112 cause undue or unavoidable inconvenience, harass or violate the privacy of the household,
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113 refusal to honor a lease provision, refusal to renew a lease or rental agreement, or other form of
114 threat.”.
115 (b) Section 215a of the Rental Housing Act of 1985, effective September 18, 2024 (D.C.
116 Law 25-210; D.C. Official Code § 42-3502.15a), is repealed.
117 SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURES.
118 Sec. 202. Section 216 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.
119 Law 6-10; D.C. Official Code § 42-3502.16), is amended as follows:
120 (a) Subsection (h) is amended to read as follows:
121 “(h) Decisions of the Rent Administrator or Office of Administrative Hearings shall be
122 made on the record relating to any petition filed pursuant to this act. An appeal from any decision
123 of the Rent Administrator or Office of Administrative Hearings arising under this act may be
124 taken by an aggrieved party to the Rental Housing Commission within 30 days after the decision
125 is issued, or the Rental Housing Commission may review a decision on its own initiative. The
126 Rent Administrator or Office of Administrative Hearings shall transmit the complete, official
127 record of the proceeding, including transcripts of any hearings, to the Rental Housing
128 Commission within 30 days of receiving notice that an appeal has been filed. The Rental
129 Housing Commission may reverse, in whole or in part, any decision that it finds to be arbitrary,
130 capricious, an abuse of discretion, not in accordance with the provisions of this act, or
131 unsupported by substantial evidence on the record of the proceedings, or it may affirm, in whole
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132 or in part, the decision. The Rental Housing Commission shall issue a decision with respect to an
133 appeal within 120 days after the appeal is submitted for consideration.”.
134 (b) A new subsection (h-1) is added to read as follows:
135 “(h-1) While a petition filed under this section is pending before the Rent Administrator
136 or the Rental Housing Commission, the Rent Administrator or Rental Housing Commission,
137 respectively, may order the petitioner and respondent to attend mediation, to be facilitated by that
138 office, for the purposes of reaching a mutually agreeable settlement and may impose sanctions
139 on any party that fails to appear at a scheduled mediation session without good cause.”.
140 SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL.
141 Sec. 203. (a) Section 221 of the Rental Housing Act of 1985, effective July 17, 1985
142 (D.C. Law 6-10; D.C. Official Code § 42-3502.21), is repealed.
143 (b) The Certificate of Assurance Moratorium Emergency Amendment Act of 2024,
144 passed by the Council on November 12, 2024 (enrolled version of Bill 25-XXX), is repealed.
145 (c) The Certificate of Assurance Moratorium Temporary Amendment Act of 2024,
146 passed by the Council on 1st reading November 12, 2024 (engrossed version of Bill 25-XXX), is
147 repealed.
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151 TITLE III. ASSOCIATION MEETING FLEXIBILITY.
152 Sec. 301. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C.
153 Law 1-89; D.C. Official Code § 42-1903.03), is amended as follows:
154 (a) Subsection (b) is amended by striking paragraph (4).
155 (b) A new subsection (f) is added to read as follows:
156 “(f) Notwithstanding any language contained in this act or in the condominium
157 instruments:
158 “(1) Meetings of the unit owners’ association, executive board, or committees
159 may be conducted or attended by telephone conference, video conference, or similar electronic
160 means. If a meeting is conducted by telephone conference, video conference, or similar
161 electronic means, the equipment or system used must permit any unit owner in attendance to hear
162 and be heard by, and to comprehend what is said by, all other unit owners participating in the
163 meeting. Any unit owner, board member, or committee member attending such meeting shall be
164 deemed present for quorum purposes.
165 “(2) A link or instructions on how to access an electronic meeting shall be
166 included in the notice required under subsection (a) of this section.
167 “(3) Any matters requiring a vote of the unit owners’ association at an annual or
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168 regular meeting may be set by the executive board for a vote, and a ballot may be delivered with
169 the notice required under subsection (a) of this section. The executive board may set a reasonable
170 deadline for a ballot to be returned to the association.
171 “(4) The executive board may authorize unit owners to submit votes by electronic
172 transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit
173 owners who submit votes during such period shall be deemed to be present and voting in person
174 at such meeting.”.
175 Sec. 302. Section 29-910 of the District of Columbia Official Code is amended by
176 striking the phrase “If authorized by the articles or bylaws” and inserting the phrase “Regardless
177 of whether remote regular and special meetings of members are authorized by the articles or
178 bylaws” in its place.
179 Sec. 303. Section 29-1005.06(c) of the District of Columbia Official Code is amended by
180 striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word
181 “Members” in its place.
182 Sec. 304. Section 29-1005.07(e) of the District of Columbia Official Code is amended by
183 striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word
184 “Members” in its place.
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185 Sec. 305. Section 29-1008.11(b) of the District of Columbia Official Code is amended by
186 striking the phrase “Unless the organic rules otherwise provide, a” and inserting the word “A” in
187 its place.
188 TITLE IV. COMMISSION ON RE-ENTRY AND RETURNING CITIZENS
189 ESTABLISHMENT UPDATE.
190 Section 401. Section 4(b)(1) of the Office on Ex-Offender Affairs and Commission on
191 Re-entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C.
192 Law 16-243; D.C. Official Code § 24–1303(b)(1)) is amended as follows:
193 (a) The lead-in language is amended by:
194 (1) Striking the phrase “section 2(a)” and inserting the phrase “section 2(f)” in its
195 place.
196 (2) Striking the number “13” and inserting the number “14” in its place.
197 (b) Subparagraph (E) is amended by striking the phrase “Director of Consumer and
198 Regulatory Affairs” and inserting the phrase “Directors of the Department of Licensing and
199 Consumer Protection and the Department of Buildings” in its place.
200 Section 402. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C.
201 Law 2-142; D.C. Official Code § 1–523.01(f)) is amended as follows:
202 (a) Paragraph (73) is amended by striking the word “and”.
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203 (b) Paragraph (74) is amended by striking the phrase “(D.C. Law 24-336; D.C. Official
204 Code § 8-191.01(a)).” and inserting the phrase “(D.C. Law 24-336; D.C. Official Code § 8-
205 191.01(a)); and” in its place.
206 (c) A new paragraph (75) is added to read as follows:
207 “(75) The Commission on Re-Entry and Returning Citizens Affairs.”.
208 TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE.
209 Sec. 501. Fiscal impact statement.
210 The Council adopts the fiscal impact statement in the committee report as the fiscal
211 impact statement required by section, 602(c)(3) of the District of Columbia Home Rule Act,
212 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
213 Sec. 502. Effective date.
214 This act shall take effect following approval by the Mayor (or in the event of veto by the
215 Mayor, action by the Council to override the veto), and a 60-day period of congressional review
216 as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
217 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)).
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 ENGROSSED ORIGINAL
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