B 25-0809 — Unlawful Restrictions in Land Records Emergency Act of 2024

_______________________________ENROLLED _______________________________ORIGINAL CouncilmemberAN MattACT Frumin________________ Chairman Phil Mendelson 4 6 A BILL 9 _________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _____________________________________________ To enactenact, designate, on an emergency basis, the Uniform Unlawful Restrictions in Land Records Act;Act to allow homeowners to remove unlawful restrictive covenants from the deeds to their homes and condominiums and other homeowner associations to remove unlawful restrictive covenants from their governing documents, and to permit the homeowner or association to fill out an amendment form and record the amendment to their title to effectively remove the unlawful restriction;

and to allowamend homeownersAn toAct removeProviding unlawfulfor restrictivethe covenantszoning fromof the deedsDistrict toof theirColumbia homesand the regulation of the location, height, bulk, and foruses condominiumsof buildings and other homeownerstructures associationsand of the uses of land in the District of Columbia, and for other purposes to removedeclare unlawfulvoid, restrictiveas contrary to public policy, covenants fromprohibiting theirapartment governinghouses documents;or buildings with multiple dwelling units when such units otherwise would be permitted under zoning.

toBE permitIT theENACTED homeownerBY orTHE associationCOUNCIL toOF fillTHE outDISTRICT anOF amendmentCOLUMBIA, form,That athis sampleact ofmay whichbe iscited providedas in the Act,“Unlawful andRestrictions recordin theLand amendmentRecords toEmergency theirAmendment titleAct toof effectively2024”. remove the unlawful restriction;

amend the Zoning Act to declare void, as contrary to public policy, covenants prohibiting apartment houses or buildings with multiple dwelling units when such units would otherwise be permitted under zoning.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Unlawful Restrictions in Land Records Emergency Act of 2024”.

(2) “District”“Document” means thea Districtrecord ofrecorded Columbia.or eligible to be recorded in land records.

(3) “Document”“Governing instrument” means a recorddocument recorded or eligible to be recorded in land records.records that:

(4)ENROLLED “GoverningORIGINAL instrument”(A) meansEstablishes a documentgoverning recordedbody inresponsible landfor recordsmanagement that:of common areas or facilities used by more than one owner of a property interest affected by the document;

(A) Establishes a governing body responsible for management of common areas or facilities used by more than one owner of a property interest affected by the document;

(5)(4) “Index” means a system that enables a search for a document in land records.

(6)(5) “Land records” means documents and indexes maintained by a recorder.

(7)(6) “Owner” means a person that has a fee interest in real property.

(8)(7) “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(9)(8) “Record”,“Record” when used as a noun,noun means information:

(10)(9) “Recorder” means the District of Columbia Recorder of Deeds.

(11)(10) “Remove” means to eliminate any apparent or purportedly continuing effect on title to real property.

(12)(11) “Unlawful restriction” means a prohibition, restriction, covenant, or condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property:

(b) A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (a).(a) of this section.

Not later than 90 days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether ENROLLED ORIGINAL the governing instrument includes the unlawful restriction.

84 (d) AnNotwithstanding amendment under this section is effective notwithstanding any provision of the governing instrument or other law of the District that requires a vote of the members of the association of owners to amend the governing instrument.instrument, an amendment executed under this section shall be effective.

“This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act.Emergency Act of 2024.

This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.”restriction.”. (b) The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records.

(b) The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records.

(d) The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under other law of this state the District.

The following form may be used by an owner to make an amendment under Sectionsection 103:

“Amendment by Owner to Remove an Unlawful RestrictionRestriction. “This Amendment is recorded under the Uniform Unlawful Restrictions in Land Records Act of 2024 by an Owner of an interest in real property subject to an unlawful restriction as defined under the Act.

“(1)“This Nameamendment is recorded under the Uniform Unlawful Restrictions in Land Records Emergency Act of Owner:2024 (“Act”) by an owner of an interest in real property subject to an unlawful restriction as defined under the Act.

“(2)“(1) Owner’sName propertyof thatowner: is subject to the unlawful restriction is described as follows:

“(2) The owner’s property that is subject to the unlawful restriction is described as follows:

“(3) This Amendmentamendment amends the following document:

ENROLLED ORIGINAL “Recording date of document being amended:

“This Amendmentamendment removes from the document described in paragraph (3) all unlawful restrictions as defined under the Act.

Removal of an unlawful restriction through this Amendmentamendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act, at the time of filing this Amendment.amendment.

This Amendmentamendment is not effective if the property is subject to a governing instrument as defined under the Act.

“Owner’s Signaturesignature “Date “Notary Acknowledgmentacknowledgment Witnesses“Witnesses (if required)]”required)”. Sec.

Sec.

(a) The Recorder of Deeds shall waive any fees specifically directed at an owner’s attempt to release an unlawful restriction from a deed or other document as described under sections 103 and 104104. of this subtitle.

(b) No judicial approval is needed to release an unlawful restriction under sections 103 and 104104. of this subtitle.

In applying and construing this uniform act, a court shall consider the promotion of the uniformity of the law among jurisdictions that enact it.

This title modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15approved U.S.C.June 30, 2000 (114 Stat.