Code of the District of Columbia

Chapter 20C. Relief for River East at Grandview Condominium Owners.

§ 42–2081. Definitions.

For the purposes of this chapter, the term:

(a) "ADU" means affordable dwelling unit, which is a for-sale or for-rent housing unit that is locally restricted, but not federally restricted, for occupancy to a household with an income that falls within a certain range and that is generally produced in exchange for zoning relief, tax incentives, public financing, the right to purchase or lease District-owned land, or other relief, as described in Mayor's Order 2009-112, issued June 18, 2009 (56 DCR 6859).

(b) "CA" means the River East at Grandview Condominium Association.

(c) "DHCD" means the District of Columbia Department of Housing and Community Development.

(d) "HPAP" means Home Purchase Assistance Program.

(e) "HUD" means the U.S. Department of Housing and Urban Development.

(f) "Inclusionary Development" shall have the same meaning as provided in § 6-1041.01(2).

(g) "Inclusionary unit" shall have the same meaning as provided in § 6-1041.01(3).

(h) "IZ" means the Inclusionary Zoning Program.

(i) "NACA" means the Neighborhood Assistance Corporation of America and its subsidiaries and affiliates, including the Neighborhood Stabilization Corporation.

(j) "OCFO" means the Office of the Chief Financial Officer.

(k) "Property" means the River East at Grandview Condominiums located at 1262 Talbert Street, SE, Washington, DC, 20020, known for tax and assessment purposes as Lots 2047 through 2092 in Square 5807, which may also be known as River East at Grandview, Grandview Estate, Grandview Estates, Grandview Estates II, Gardenview, River East, RiverEast, River East at Anacostia, River East at Anacostia Metro Station, River East at Grandview, and Talbert Street.

(l) "Property Owner" means an individual who owns one of the 46 condominium units at the Property.

§ 42–2082. DHCD grant authority.

(a) Notwithstanding part B of subchapter XII-A of Chapter 3 of Title 1, or its implementing rules under Chapter 50 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR § 5000 et seq.), DHCD is authorized to enter into a grant agreement with NACA to provide financial relief for Property Owners seeking to obtain permanent housing.

(b) The grant agreement may include that NACA:

(1) Provide housing counseling services to Property Owners, including assessing Property Owners' permanent housing options and working with Property Owners to meet NACA's mortgage eligibility criteria;

(2) Provide recommendations to the Mayor about the financial need for gap financing based on the assessments of the Property Owners;

(3) Alongside the Mayor, seek relief for Property Owners' existing mortgages on the Property;

(4) Provide affordable mortgage options to eligible Property Owners;

(5) Waive any requirements against a Property Owner having an existing mortgage; provided, that the existing mortgage is on the Property; and

(6) Not use credit score as the deciding factor for approving a Property Owner's mortgage.

§ 42–2083. Additional relief.

(a) Notwithstanding Chapter 9 of Title 47 and Chapter 11 of this title, or its implementing rules under Chapter 5 of Title 9 of the District of Columbia Municipal Regulations (9 DCMR § 500 et seq.), the OCFO shall:

(1) Not assess any recordation taxes against a Property Owner related to the Property Owner's first purchase of real property following a Property Owner's purchase of the Property; provided, that the purchase is made by December 31, 2028; and

(2) Forgive all real property taxes, including interest, penalties, fees, and other related charges, assessed against the Property from October 1, 2020, to September 30, 2025, and provide a refund of all real property taxes paid from October 1, 2020, to September 30, 2025, pursuant to § 47-811.02; except, that subsection (b) of that section shall not apply.

(b)(1) Notwithstanding Chapter 28 of this title, the Mayor shall:

(A) Waive any requirement of § 42-2802.02, or its implementing rules under Chapter 41 of Title 10-B of the District of Columbia Municipal Regulations (10-B DCMR § 4100 et seq.), applicable to a Property Owner; and

(B) Forgive all outstanding debt secured by a Property Owner pursuant to a Housing Production Trust Fund loan that financed development costs of the Property.

(2) Any forgiveness of debt under paragraph (1) of this subsection shall not include any outstanding indebtedness of River East At Anacostia, LLC or Stanton View Development, LLC incurred in connection with the development of the Property.

(c) Notwithstanding subchapter I of Chapter 26 of this title, or its implementing rules under Chapter 25 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 2500 et seq.):

(1) The Mayor shall forgive the balance of any HPAP loan provided to a Property Owner to support the purchase of a Property condominium unit;

(2) A Property Owner shall be eligible for HPAP assistance of at least $70,000, subject to available funds through DHCD; and

(3) DHCD shall waive the HPAP income requirements if the Property Owner's income no longer meets the affordability criteria; provided, that the Property Owner would have qualified for HPAP on the date that DHCD certified the Property Owner to purchase a Property condominium unit.

(d) Any debt or loans forgiven pursuant to subsections (b) and (c) of this section shall not be considered income for tax purposes in the District.

(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that states whether the Mayor will forgive Housing Production Trust Fund loans and Home Purchase Assistance Program loans, and, if so, the amount of each loan that will be forgiven and the date by when the loans will be forgiven.

(f)(1) Notwithstanding subchapter II-A of Chapter 10 of Title 6, or its implementing rules under Chapter 22 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 2200 et seq.), or any Inclusionary Development or affordable housing covenant, a Property Owner who meets the criteria for a compliant inclusionary unit or ADU shall have access to an inclusionary unit or ADU set aside for non-lottery sale or rental on a first-come, first-served basis.

(2) A Property Owner receiving access to an inclusionary unit or ADU pursuant to paragraph (1) of this subsection shall be exempt from attending the IZ orientation and from completing the 8-hour homebuyer class as part of the IZ program.

(3) For any Property Owner receiving access to an inclusionary unit or ADU pursuant to paragraph (1) of this subsection, DHCD shall waive the household size and income requirements for an inclusionary unit, pursuant to section 2225 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 2225), or ADU if the Property Owner's income no longer meets the affordability criteria; provided, that the Property Owner would have qualified for an inclusionary rental or for-sale unit or an ADU on the date that DHCD certified the Property Owner to purchase a Property condominium unit.

(g) DHCD shall prioritize Property Owners on waitlists it manages, or encourage the owners of properties on waitlists DHCD does not manage, to give priority to Property Owners for DHCD funded properties and other Low Income Housing Tax Credit properties; provided, that selections shall be made pursuant to the HUD Handbook 4350.3 REV-1 Ch. 3.

(h) DHCD shall update the grant agreement executed between the CA and the District, by and through DHCD, with an effective date of May 22, 2023, through September 30, 2023, to provide up to $150,000 to the CA to cover operations and expenses.

(i) The Mayor shall create a program to provide Property Owners who choose to rent or who do not qualify for homeownership with a rental option that provides up to 6 months of rental assistance that can be used for security deposit, first and last months' rent, or advanced rent. DHCD shall provide written notice to each Property Owner of the details of the rental option program by May 1, 2024.

(j) The Mayor shall allocate $300,000 to Property Owners for moving expenses and shall distribute the funding in equal amounts among the Property Owners.