ENROLLED ORIGINAL
A RESOLUTION
25-244
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 19, 2023
To declare the existence of an emergency, due to congressional review, with respect to the need
to continue foreclosure protections for homeowners who applied for funding from the DC
Homeowner Assistance Fund (“DC HAF") program before September 30, 2022 and
whose applications remain under review, pending approval, pending payment, or under
appeal, and to require that notices continue to be sent to homeowners informing them of
the DC HAF program before a foreclosure action.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Foreclosure Moratorium and Homeowner Assistance Fund
Coordination Congressional Review Emergency Declaration Resolution of 2023”.
Sec. 2. (a) There exists an immediate need to continue a foreclosure moratorium for
certain homeowners who applied for COVID pandemic-related funding from the DC
Homeowner Assistance Fund (“DC HAF”) program before September 30, 2022, and whose
applications remain under review, pending approval, pending payment, or under appeal, and to
require regular application status updates be provided to those homeowners until their
applications are resolved.
(b) The District received $50 million in federal assistance through the American Rescue
Plan Act to assist low- and moderate-income homeowners who experienced new or exacerbated
financial hardships as a result of the pandemic and, in June 2022, the Department of Housing and
Community Development (“DHCD”) opened applications for DC’s Homeowner Assistance
Fund (“DC HAF”) program.
(c) In June 2022, the Council extended the pandemic-related foreclosure moratorium to
align with the opening of the DC HAF program and required a homeowner to submit an
application for DC HAF assistance to cure housing debts by September 30, 2022, to remain
eligible for foreclosure protections beyond that initial deadline.
(d) As of June 30, 2023, DHCD had approved 1,048 DC HAF applications but 400
applications were still under review and awaiting potential payment, necessitating an extension
of the foreclosure moratorium protections previously guaranteed to those homeowners who met
the September 30, 2022, deadline for their DC HAF applications. DHCD explains that the
reasons for delays in processing DC HAF applications and providing payments include
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ENROLLED ORIGINAL
applicants’ complex requests for assistance with multiple obligations, applicants’ revisions to
applications, financers’ need to register with DHCD, and financers’ need to verify payment
details.
(e) In July 2023, the Council passed the Foreclosure Moratorium and Homeowner
Assistance Fund Coordination Emergency Amendment Act of 2023, effective July 27, 2023
(D.C. Act 25-192; 70 DCR 10725), (“emergency legislation”) and voted unanimously in favor of
the Foreclosure Moratorium and Homeowner Assistance Fund Coordination Temporary
Amendment Act of 2023, passed on 2nd reading on September 19, 2023 (Enrolled version of bill
25-364) (“temporary legislation”). The temporary legislation will not become effective until after
the expiration of the emergency legislation.
(f) Further emergency legislation is necessary to prevent any potential gap in the law and
protect homeowners from foreclosures as they continue to await approvals and payments from
DHCD.
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the Foreclosure Moratorium and Homeowner
Assistance Fund Coordination Congressional Review Emergency Amendment Act of 2023 be
adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
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