Restoration of Covenanted Roads and Alleys by the District Government Clarification Emergency Declaration Resolution of 2026

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Chairman Phil Mendelson 2
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A RESOLUTION 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
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To declare the existence of an emergency with respect to the need to amend the Restoration of 10
Covenanted Roads and Alleys by the District Government Act of 2024 to further clarify 11
the District’s authority to repair or restore certain private rights-of-way to a condition 12
appropriate for the passage of motor vehicles owned or operated by the District 13
government. 14
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “Restoration of Covenanted Roads and Alleys by the District 17
Government Clarification Emergency Declaration Resolution of 2026”. 18
Sec. 2. (a) There exists an immediate need to further clarify the District’s authority to 19
repair certain roads and alleys under the Restoration of Covenanted Roads and Alleys by the 20
District Government Act of 2024. 21
(b) In 2024, the Council passed legislation that authorized the Mayor to repair and restore 22
certain covenanted roadways in the District of Columbia with or without the consent of the 23
property owner. The law also authorized the Mayor to seek appropriate releases and 24
indemnification from adjacent property owners, and to recover expenses from private property 25
owners on behalf of the District if applicable. 26
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(c) The need for law arose from the outreach of several members of the Hillcrest 27
community in southeast Washington. In 2021, a group of residents requested that a private 28
alleyway off W Street, SE be repaired as if a public alley so that they could continue to have the 29
ability to use the driveway to access the rear of their homes. In that case, the owner of record in 30
the 1960’s had established the alleyway as a condition to obtain city approval of its housing 31
development, and the alleyway continues to serve several houses. In July 2019, the alleyway 32
(Lot 811) was sold at a tax sale to a new owner, who filed a foreclosure action in the Superior 33
Court to extinguish Johnson Brothers’ right to redeem. Several of the neighbors filed a motion to 34
intervene in the matter attempting to stop the sale. The efforts of the neighbors, coupled with 35
other government intervention, did result in the tax sale being reversed. 36
(d) There are similar situations regarding alleys in other places around the city. There is 37
an unpaved alley off Morris Road, SE that is badly in need of repair. The alley is on the south or 38
west side of Morris Road, on the block between Mt. View Place and High Street. Residents have 39
reported that a Department of Public Works (DPW) trash truck got stuck in snow and ice in 40
previous winters and badly damaged the surface of the alley. However, the alley was never 41
recorded in the D.C. Surveyor’s Office as a public alley. Nevertheless, the alley is necessary for 42
trash collection and other city services. Moreover, just as was the case in the Hillcrest situation, 43
the alley is “L” shaped, and is the only way residents along this portion of Morris Road can park 44
or put out their trash. 45
(e) This emergency is necessary to provide the Executive with sufficient authority to 46
repair the Morris Road, SE and other alleys and roadways that are similarly situated, right now, 47
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prior to what may be another harsh winter in the District. Permanent legislation also will be 48
introduced to ensure that this authority is available to the Executive on a lasting basis. 49
Sec. 3. The Council of the District of Columbia finds that the circumstances in section 2 50
constitute emergency circumstances making it necessary that the Restoration of Covenanted 51
Roads and Alleys by the District Government Clarification Emergency Declaration Resolution of 52
2026 be adopted after a single reading. 53
Sec. 4. This resolution shall take effect immediately. 54
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