ENROLLED ORIGINAL
A RESOLUTION
23-426
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
June 9, 2020
To declare the existence of an emergency, due to congressional review, with respect to the need
to amend the Condominium Warranty Act of 1976 to clarify the standards and procedures
governing the resolution of a claim for a condominium developers warranty against
structural defects, that a claimant may appeal the findings of the Mayor to the Office of
Administrative Hearings, and the circumstances when the Mayor may release the
warranty security funds to a claimant.
BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may
be cited as the Condominium Warranty Claims Clarification Congressional Review Emergency
Declaration Resolution of 2020.
Sec. 2. (a) The Condominium Act of 1976, effective March 29, 1977 (D.C. Law 1-89;
D. C. Official Code 12-1903 .16) (act), established initial procedures for a declarant to
warrant against structural defects.
(b) The District of Columbia Department of Housing and Community Development has
been designated by the Mayor to administer the Condominium Act of 1976.
(c) The increased number of condominiums in the District has led to a sharp increase in
the number of structural defect warranty claims without standards and procedures governing an
adjudication process to resolve those claims.
(d) Therefore, there exists an immediate need to amend the act to establish a process to
resolve warranty claims that arise under the act.
(e) On February 4, 2020, the Council passed the Condominium Warranty Claims
Clarification Emergency Amendment Act of 2020, effective February 27, 2020 (D.C. Act 23-
231; 67 DCR 2510) (emergency legislation), which expired on May 27, 2020.
(f) On March 3, 2020, the Council passed the Condominium Warranty Claims
Clarification Temporary Amendment Act of 2020, enacted on March 26, 2020 (D.C. Act 23-273;
67 DCR 3938) (temporary legislation), which is projected to become law on June 8, 2020.
(g) To prevent a gap in the law between the expiration of the emergency legislation and
the effective date of the temporary legislation, it is necessary to approve congressional review
emergency legislation.
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 ENROLLED ORIGINAL
Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
Condominium Warranty Claims Clarification Congressional Review Emergency Amendment
Act of 2020 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
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