PR 25-0095 — Foreclosure Moratorium and Homeowner Assistance Fund Coordination Congressional Review Emergency Declaration Resolution of 2023

2ENROLLED ___________________________________ORIGINAL Councilmember Janeese Lewis George 5 7 A PROPOSED RESOLUTION ___________25-21 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________February 7, 2023 To declare the existence of an emergency, withdue respect to congressional review, with respect to the need to continuepreserve foreclosure protections for homeowners who applied for funding from the DC Homeowner Assistance Fund program before September 30, 2022 and whose application remainsremain under review, pending approval, pending payment, or under appeal, and to require that notices continue to be sent to homeowners informing them of the DC HAFHomeowner programAssistance priorFund toprogram before a foreclosure action.

RESOLVEDRESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Foreclosure Moratorium and Homeowner Assistance Fund Coordination Congressional Review Emergency Declaration Resolution of 2023.” Sec.

(a) ThereThe existsForeclosure anMoratorium immediateand need to continue pandemic-related foreclosure moratorium for certain homeowners who applied for funding from the DC Homeowner Assistance Fund (“DCCoordination HAF”)Emergency programAmendment beforeAct Septemberof 30, 2022, andeffective whoseNovember application22, remains2022 under(D.C. review, pending approval, pending payment, or under appeal, and to require regular application status updates be provided to those homeowners until their applications are resolved.

(b) The District received $50 million in federal assistance through the American Rescue Plan Act to24-674; assist low- and moderate-income homeowners who experienced new or exacerbated financial hardships as a result of the pandemic and, in June, the Department of Housing and Community Development (“DHCD”) opened applications for DC’s Homeowner Assistance Fund program.

(c)D.C. In June 2022, the Council extended the pandemic-related foreclosure moratorium to align with the opening of the DC HAF program and required homeowners to submit an application for DC HAF assistance to cure housing debts by September 30, 2022 in order to remain eligible for foreclosure protections beyond that initial deadline;

asOfficial ofCode September§ 30,42-851.01), 2022,is DHCDset had approximately 1,000 applications under review and awaiting potential payment necessitating the Council to extendexpire theon foreclosureFebruary moratorium20, protections2023. previously guaranteed to those homeowners who met the September 30, 2022 deadline for their DC HAF applications.

(d)(b) The Foreclosure Moratorium and Homeowner Assistance Fund Coordination EmergencyTemporary Amendment Act of 20222022, wasenacted passedon NovemberDecember 1,8, 2022 and(D.C. is set to expire February 20, 2023.

(e) The Foreclosure Moratorium and Homeowner Assistance Fund Coordination Temporary Amendment Act of24-693; 2022, passed November 15, 2022, is not projected to become law until March 8 due to delays in congressional transmittals at the change of sessions.

(f)69 ADCR congressional15121), review emergency is necessarynot projected to preventbecome alaw gapuntil inMarch the8, law2023, anddue protectto homeownersa fromdelay foreclosuresin ascongressional theytransmittal continuebecause toof awaitthe approvalschange andof paymentssessions. from DHCD.

(c) A congressional review emergency is necessary to prevent a gap in the law and protect homeowners from foreclosures as they continue to await approvals and payments from the Department of Housing and Community Development.

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 and Homeowner Assistance Fund Coordination Congressional Review Emergency Amendment Act of 20222023 should be adopted after a single reading.