B 24-0883 — Foreclosure Moratorium Extension Revision and Homeowner Assistance Fund Promotion Emergency Amendment Act of 2022

_______________________________ENROLLED ________________________________ORIGINAL ChairmanAN PhilACT Mendelson_______________ Councilmember Janeese Lewis George 4 6 A BILL 9 _________________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________ To amend, on an emergency basis, the Foreclosure Moratorium Extension Temporary Amendment Act of 2022 to remove the 60-day deadline for submitting a homeowner assistance fund application, to protect homeowners from foreclosure actions if they submit an application for homeowner assistance before September 30, 2022, to require housing and financing entities to which a homeowner is indebted to to provide notice of the District’s Homeowner Assistance Fund program prior to initiating a foreclosure;

and to amend,amend on an emergency basis, the Condominium Act of 1976 to exempt the time period from March 11, 2020 to September 30, 2022 from the 3-year period a condominium association is permitted to enforce a lien against a unit owner for assessments due.

(2) SubparagraphSubparagraphs (B) isand (C) are amended to read as follows:

and”.and” “(C) Proof of the financial assistance application status described in subparagraph (B) of this paragraph is presented, as a paper copy or through an electronic medium, including through electronic communications facilitated by the online DC HAF application portal, to the mortgage lender, condominium association, homeowners association, or ENROLLED ORIGINAL tax sale purchaser, or to an agent acting as a representative for any housing or financing entity to which a homeowner is indebted.”.

(3) Subparagraph (C)(D) is amendedrepealed. to read as follows:

“(C) Proof of the financial assistance application status described in subparagraph (B) of this paragraph is presented, as a paper copy or through an electronic medium, including through electronic communications facilitated by the online DC HAF application portal, to the mortgage lender, condominium association, homeowners association, or tax sale purchaser, or to an agent acting as a representative for any housing or financing entity to which a homeowner is indebted.”.

(4) Subparagraph (D) is repealed.

“(2A)(A) Beginning on the effective date of the Foreclosure Moratorium Extension Revision and Homeowner Assistance Fund Promotion Emergency Amendment Act of 2022, passed on emergency basis on June 28, 2022 (Bill 24-____),24-883), a mortgage lender, condominium association, homeowners association, or tax sale purchaser, or an agent acting as a representative for any housing or financing entity to which a homeowner is indebted, may begin to send notices to warn of intention to initiate or continue foreclosure actions, but no foreclosure action described in paragraph (2) of this subsection may proceed prior to 30 days after a homeowner is first sent a warning notice.

and “(iii) Explain the September 30, 20222022, deadline to apply to DC HAF to delay or prevent further foreclosure action.

“(C) Within 5 business days after the effective date of the Foreclosure Moratorium Extension Revision and Homeowner Assistance Fund Promotion Emergency Amendment Act of 2022, passed on emergency basis on June 28, 2022 (Bill 24-____),24-883), the Mayor shall publish on the DC HAF website an editable sample foreclosure warning notice for use by housing or financing entities to which a homeowner may be indebted.

and “(iv) The September 30, 20222022, deadline to submit a financial assistance application and to provide proof of financial assistance application status, consistent 81 with the requirements of paragraph (2)(C) of this subsection, in order to prevent or delay possible forthcoming foreclosure actions.”.

(c) A new paragraph (2B) is added to read as follows:

ENROLLED ORIGINAL “(2B)(A) The Mayor shall make every effort to make DC HAF payments by September 30, 20222022, to qualified homeowners, their representatives, or housing or financing entities to which a homeowner is indebted to cure any debts or defaults eligible for assistance.

“(B) If a homeowner submitted a financial assistance application prior to September 30, 2022, provided proof of the application status pursuant to paragraph (2)(C) of this subsection, and the application remains under review, pending approval, pending payment, or under appeal as of September 30, 2022, until such time as DC HAF payments can be made or a homeowner’s application is denied following appeal, if any, the homeowner shall not be subject to:

“(i) A residential foreclosure initiated or conducted under section 539 or section 95;

Official Code § 42-42-1903.13(c)); 1903.13(c));

(d) Paragraph (3) is amended by striking the phrase “Homeowner Assistance Funds” and inserting the phrase “DC HAF” in its place.

Official Code § 42-1903.13(e)), is amended by striking the phrase "3“3 years"years” and inserting the phrase "3“3 years, not including any period of time betweenfrom March 11, 20202020, andto September 30, 2022," in its place.

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), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 4