Bill Summary – FastDemocracy

                                                                      ENGROSSED ORIGINAL

                                              A BILL

                                              23-744

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                     __________________________

To amend, on a temporary basis, An Act To establish a code of law for the District of Columbia

      and the Condominium Act of 1976 to enact a time limited foreclosure moratorium while

      a public health emergency is in effect, or for 60 days thereafter.

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Foreclosure Moratorium Temporary Amendment Act of 2020.

        Sec. 2. Foreclosure prohibition.

        (a) Section 539 of An Act To establish a code of law for the District of Columbia,

approved on March 3, 1901 (31 Stat. 1274; D.C. Official Code  42-815) is amended by adding a

new subsection (c-1) to read as follows:

        (c-1) Notwithstanding the provision of any other law, in the case of a residential

mortgage, a foreclosure under a power of sale provision contained in any deed of trust, mortgage,

or other security instrument shall not be initiated or conducted while a public health emergency

is in effect pursuant to section 5a of the District of Columbia Public Emergency Act of 1980,

effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code  7-2304.01), or for 60 days

thereafter..

        (b) Section 95 of An Act To establish a code of law for the District of Columbia,

approved on March 3, 1901 (31 Stat. 1204; D.C. Official Code  42-816), is amended as follows:

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               (1) The existing text is designated subsection (a).

               (2) A new subsection (b) is added to read as follows:

       (b) Notwithstanding any other provision of this section, in the case of a residential

mortgage, a foreclosure action shall not be initiated, and no foreclosure shall be conducted,

while a public health emergency is in effect pursuant to section 5a of the District of Columbia

Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official

Code  7-2304.01), or for 60 days thereafter..

       (c) Section 313(c) of the Condominium Act of 1976, effective March 29, 1977 (D.C. Law

1-89; D.C. Official Code  42-1903.13(c)) is amended by adding a new paragraph (7) to read as

follows:

               (7)(A) Notwithstanding any other provision of this section, a foreclosure of a

residential condominium unit to enforce a condominium lien shall not be initiated or conducted

while a public health emergency is in effect pursuant to section 5a of the District of Columbia

Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official

Code  7-2304.01), or for 60 days thereafter; provided, that only an owner-occupied residence

shall be covered by the requirements of this paragraph.

                       (B) For the purposes of this paragraph, an owner-occupied residence

means a residence where a record owner or a person with an interest in the property as heir or

beneficiary of the record owner, if deceased, resides in the residence for at least 275 total days

during the previous 12 months..

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        Sec. 3. Fiscal impact statement.

        The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Sec. 4. Effective date.

        (a) This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided

in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of Columbia Register.

        (b) This act shall expire after 225 days of its having taken effect.

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