PR 24-0549 — Foreclosure Moratorium Extension Emergency Declaration Resolution of 2022

___________________________________ENROLLED CouncilmemberORIGINAL Janeese Lewis George 4 6 8 A PROPOSED RESOLUTION ______________24-365 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________January 18, 2022 To declare the existence of an emergency with respect to the need to extend the current foreclosure moratorium until June 30, 2022, and to further extend a foreclosure moratorium to September 30, 2022, for homeowners who have an application for certain government homeowner assistance pending approval, pending payment, or under appeal.

RESOLVEDRESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Foreclosure Moratorium Extension Emergency Declaration Resolution of 2022.”2022”. Sec.

Sec.

(a) There exists an immediate need to extend the foreclosure moratorium in order to prevent foreclosure actions from being initiated or executed against homeowners impacted by the COVID-19 public and public health emergencies while the District awaits Homeowner Assistance Fund (HAF)(“HAF”) dispersal from the federal government.

(b) The District is entitled to at least $50 million in Federalfederal 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,pandemic; however the federal government has yet to disperse any funds to the District.

(c)however, Thethe Districtfederal requiresgovernment additionalhas timeyet to receivedisperse theseany funds,funds establish application and dispersal mechanisms, enter agreements with community-based organizations or other District agencies who may be designated with authority to administer portions of the HAFDistrict. program, and make payments to qualified homeowners to prevent foreclosure.

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(e)(d) TheDistrict currenthomeowners, foreclosurebanks, moratoriumcondo emergencyassociations, extensionexecutive lapsedagencies, asand ofother Januaryactors 5,in 2022the buthousing-finance wasecosystem intendedrequire tostable, expiretransparent, Februaryand 4,proactive 2022,deadlines into tandemunderstand witha theDistrict Coronavirusplan Supportto Temporarywind Amendmentdown Actpandemic-related ofprohibitions 2021,on effectiveforeclosures. June 24, 2021 (D.C.

(e) The current foreclosure moratorium emergency extension lapsed as of January 5, 2022, but was intended to expire February 4, 2022, in tandem with the Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 (D.C.

ENROLLED ORIGINAL (f) The lapsed moratorium, without immediate retroactive applicability action on the part of the Council, will expose homeowners to foreclosure, eviction, and displacement before they have an opportunity to cure debts through federal housing aid for which they may be eligible.

(g) Extending the current moratorium through June 30, 20222022, will provide the Department of Housing and Community Development, the agency administering a forthcoming HAF program, time to standupestablish a program that is accessible, well promoted, and best able to reach all eligible DCDistrict homeowners in need.

(h) Homeowners who apply for financial assistance no later than 60 days after July 1, 20222022, will be eligible to further delay foreclosure and housing debt collection actions until September 30, 20222022, while their financial assistance application is pending approval, payment, or reconsideration upon appeal.

The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Foreclosure Moratorium Extension Emergency Amendment Act of 2022 should be adopted after a single reading.