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This temporary D.C. bill clarifies that rental units participating in the Low-Income Housing Tax Credit (LIHTC) program are exempt from the District’s rent stabilization rules. It amends the 1985 Rental Housing Act to explicitly include LIHTC units in the exemption, removing ambiguity about their status. The change directly affects housing providers who receive LIHTC tax credits, ensuring they are not subject to rent stabilization requirements. The law expires 225 days after enactment and does not create new policy - it only clarifies an existing exemption.
This bill clarifies that rental units participating in the Low Income Housing Tax Credit (LIHTC) program are exempt from the District of Columbia's Rent Stabilization Program. It amends the Rental Housing Act to explicitly include LIHTC units in the exemption, removing ambiguity about their status. This directly affects landlords who receive LIHTC tax credits, ensuring these units are not subject to rent stabilization rules. The change is retroactive to the existing law but takes effect immediately as an emergency measure, remaining valid for 90 days.
This resolution clarifies that Low-Income Housing Tax Credit (LIHTC) rental units in DC are exempt from the District’s Rent Stabilization Program, directly affecting 99 buildings housing over 11,000 units. It responds to a court decision that removed this exemption, which could force these properties to comply with DC’s rent rules instead of federal HUD limits (capping annual rent increases at 5% or 10% max). The bill explicitly amends the Rental Housing Act to maintain the existing rent structure agreed upon at lease signing, preserving affordability without raising rents. This prevents potential financial defaults on LIHTC properties and supports ongoing affordable housing preservation.
This bill requires tenants applying for District of Columbia's Emergency Rental Assistance Program (ERAP) to provide specific documentation of their emergency situation (e.g., job loss or medical costs) to qualify for aid, or submit an unsworn declaration under penalty of perjury if documentation isn't possible. It clarifies that an "emergency situation" includes unforeseen events threatening a tenant's ability to pay rent and avoid eviction. For eviction cases, the bill allows courts to stay proceedings when a tenant has a pending ERAP application (instead of mandating a stay) and requires landlords to reschedule evictions by at least three weeks if ERAP is approved to cover unpaid rent. These changes directly affect tenants seeking rental assistance, landlords facing eviction cases, and courts handling housing disputes.