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ENGROSSED ORIGINAL
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A BILL 1
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26-194 4
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
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To preserve, on a temporary basis, foreclosure protections for homeowners who applied for 12
funding from the DC Homeowner Assistance Fund (“DC HAF”) program before 13
September 30, 2022, and whose applications remain under review, pending approval, 14
pending payment, or under appeal, and to require that notices continue to be sent to 15
homeowners informing them of the DC HAF program before a foreclosure action. 16
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
act may be cited as the “Foreclosure Moratorium and Homeowner Assistance Fund Coordination 19
Temporary Amendment Act of 2025”. 20
Sec. 2. Foreclosure moratorium. 21
(a)(1) From July 1, 2022, through September 30, 2022, no residential foreclosure may be 22
initiated or conducted under section 539 or section 95 of An Act To establish a code of law for 23
the District of Columbia, approved March 3, 1901 (31 Stat. 1274/1204; D.C. Official Code §§ 24
42-815 and 42-816) (“section 539 or section 95”), no sale may be initiated or conducted under 25
section 313(c) of the Condominium Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C. 26
Official Code § 42-1903.13(c)), and no judgment foreclosing the right of redemption shall be 27
entered under D.C. Official Code § 47-1378 if: 28
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(A) A homeowner or their representative applies for financial assistance to 29
cure a debt or default with funds from the Department of Housing and Community 30
Development’s DC Homeowner Assistance Fund (“DC HAF”), or a similar government fund 31
established to assist homeowners impacted by the COVID-19 public emergency or public health 32
emergency declared pursuant to the District of Columbia Public Emergency Act of 1980, 33
effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.) (“financial 34
assistance application”); 35
(B) The financial assistance application is under review, pending approval, 36
pending payment, or under appeal; and 37
(C) Proof of the financial assistance application status described in 38
subparagraph (B) of this paragraph is presented, as a paper copy or through an electronic 39
medium, including through communications facilitated by the online DC HAF application portal, 40
to the mortgage lender, condominium association, homeowners association, or tax sale 41
purchaser, or to an agent acting as a representative for any housing or financing entity to which 42
the homeowner is indebted. 43
(2)(A) Beginning on July 25, 2022, a mortgage lender, condominium association, 44
homeowners association, or tax sale purchaser, or an agent acting as a representative for any 45
housing or financing entity to which a homeowner is indebted, may begin to send notices to warn 46
of intention to initiate or continue foreclosure actions, but no foreclosure action described in 47
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paragraph (1) of this subsection may proceed prior to 30 days after a homeowner is first sent a 48
warning notice. 49
(B) Before September 30, 2022, all foreclosure notices and foreclosure 50
warning notices sent pursuant to subparagraph (A) of this paragraph shall: 51
(i) Be sent by postal and electronic mail to a homeowner’s last 52
known home and email address; 53
(ii) Inform the homeowner of DC HAF and the program’s potential 54
ability to cure eligible housing debts, including the specific type of debt or debts owed to the 55
entity sending the notice; and 56
(iii) Explain the September 30, 2022, deadline to apply to DC HAF 57
to delay or prevent further foreclosure action. 58
(C) After October 1, 2022, all foreclosure notices and foreclosure warning 59
notices sent pursuant to subparagraph (A) of this paragraph shall: 60
(i) Be sent by postal and electronic mail to a homeowner’s last 61
known home and email address; and 62
(ii) Inform the homeowner of DC HAF and the program’s potential 63
ability to cure eligible housing debts, including the specific type of debt or debts owed to the 64
entity sending the notice. 65
(D) If, prior to the effective date of the Foreclosure Moratorium and 66
Homeowner Assistance Fund Coordination Emergency Amendment Act of 2022, effective 67
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November 22, 2022 (D.C. Act 24-674; D.C. Official Code § 42-851.01), a mortgage lender, 68
condominium association, homeowners association, or tax sale purchaser, or an agent acting as a 69
representative for any housing or financing entity to which a homeowner is indebted sent a 70
notice of an intention to initiate, notice to initiate, or notice to continue foreclosure actions 71
without information about DC HAF, a new notice must be sent prior to the continuation of any 72
foreclosure action informing the homeowner of the availability of DC HAF and the program’s 73
potential ability to cure eligible housing debts, including the specific type of debt or debts owed 74
to the entity sending the notice; 75
(3) The Mayor, or the Mayor’s designee, shall ensure: 76
(A) A homeowner applying for DC HAF relief, or for similar government 77
funds established to assist homeowners impacted by the COVID-19 public emergency or public 78
health emergency declared pursuant to the District of Columbia Public Emergency Act of 1980, 79
effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is provided with 80
documentation in a timely and ongoing manner that will enable the applicant to present proof of 81
financial assistance application status as described in paragraph (1)(C) of this subsection; and 82
(B) Editable sample foreclosure warning notices that include information 83
about debt relief available through DC HAF are published on the DC HAF website for use by 84
housing or financing entities to which a homeowner may be indebted. 85
(b)(1) If a homeowner submitted a DC HAF financial assistance application prior to 86
September 30, 2022 and provided proof of the application status pursuant to subsection (a)(1)(C) 87
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of this section, and the application remains under review, pending approval, pending payment, or 88
under appeal as of September 30, 2022, until such time as DC HAF payments can be made or the 89
homeowner’s application is denied following appeal, if any, the homeowner shall not be subject 90
to a: 91
(A) Residential foreclosure initiated or conducted under section 539 or 92
section 95; 93
(B) Sale initiated or conducted under section 313(c) of the Condominium 94
Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C. Official Code § 42- 1903.13(c)); or 95
(C) Judgment foreclosing the right of redemption under D.C. Official 96
Code § 47-1378. 97
(2) The Mayor shall make every effort to make DC HAF payments as quickly as 98
practicable to qualified homeowners, their representatives, or housing or financing entities to 99
which a homeowner is indebted to cure any debts or defaults eligible for assistance. 100
Sec. 3. Applicability. 101
This act shall apply as of October 16, 2024. 102
Sec. 4. Effective date. 103
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 104
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 105
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 106
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24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 107
Columbia Register. 108
(b) This act shall expire after 225 days of its having taken effect. 109