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B 26-0219

Malcolm X Extension of Disposition Authority and Term Sheet Amendment Act of 2025

26th Council Period (2025-2026) Introduced by Phil Mendelson

Extends the Malcolm X project disposition deadline to 4 years and updates the term sheet to ~150 affordable units (from 180), enabling financing while preserving daycare/retail.

Law L26-0087, Effective from Feb 03, 2026 Published in DC Register Vol 73 and Page 002677
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Bill Summary · B 26-0219

Summary — B26-0219: Malcolm X Extension of Disposition Authority and Term Sheet Amendment Act of 2025

Main purpose

Amend the Malcolm X Surplus Declaration and Disposition Approval Act of 2022 (D.C. Law 24‑316) to (1) extend the time allowed for the District to dispose of the Malcolm X property at 1351 Alabama Ave., S.E., and (2) approve amendments to the project term sheet, principally reducing the number of residential units and updating schedule-of-performance language.

Key provisions

  • Extends the statutory disposition deadline for the Malcolm X property from 2 years after the Act’s effective date to 4 years after the effective date.
  • Revises the statutory definition of the “Project” to reflect an amended term sheet: approximately 150 residential rental units (reduced from 180), 7,500 sq. ft. of daycare space, and 2,000 sq. ft. of retail.
  • Updates cross-references in the original 2022 law so the disposition is governed by the amended term sheet and draft land disposition and development agreement transmitted with B26‑219.
  • The Council adopted the fiscal impact statement included in the committee report.

Background and rationale

  • Property: Lot 0009, Square 5914 (approx. 46,710 sq. ft.), Ward 8 — formerly Malcolm X Elementary School site; adjacent to Bard High School.
  • Developer: Congress Park Community Partners, LLC (a joint-venture of several entities) was selected following an RFP process (award April 2021).
  • Original plan (2022) envisioned ~180 affordable rental units (100% affordable at 30%, 50%, and 60% MFI), daycare, retail and teacher/educator-targeted housing.
  • Delays and changes prompting the amendment:
    • A building restriction line / highway plan that cut through the footprint required removal (legislatively resolved in 2024), delaying design and approvals.
    • Discovery of a protected “heritage tree” in the build area required redesign and resulted in a loss of about 30 units.
    • Financing and market conditions for affordable housing required additional time to secure construction financing.
  • The amended term sheet also extends the closing/schedule-of-performance to reflect the longer timeline.

Who is affected

  • Local community in Ward 8 (residents adjacent to the site, Bard High School).
  • The selected developer and its financing partners (gain additional time to complete design and secure financing).
  • Potential future residents: the project remains 100% affordable rental housing at 30/50/60% MFI and is intended to prioritize educators/teachers in marketing.
  • Nearby service providers and users of planned daycare and community-serving retail.

Procedural and timeline notes

  • Introduced: April 2, 2025 (Chairman Mendelson, at Mayor’s request).
  • Committee hearing: April 30, 2025 (Committee on Business & Economic Development).
  • Committee markup: October 15, 2025; committee reported favorably (committee report dated Oct 15, 2025).
  • Council final reading: November 4, 2025.
  • Transmitted to Mayor: November 20, 2025 (response due Dec 5, 2025).
  • Signed by Mayor / Enacted as Act A26‑0205: November 24, 2025; returned from Mayor: November 25, 2025.
  • Effective: following mayoral approval, a 30‑day congressional review period, and publication in the D.C. Register.

Expected impact

  • Enables the developer to finish design revisions (including tree protection), secure financing, and proceed to closing and construction.
  • Preserves the project’s affordability commitments while reducing total unit count from ~180 to ~150.
  • Delays project delivery relative to the original schedule but aims to preserve overall community-serving elements (daycare, retail) and protect site environmental assets (heritage tree).

Compiled from official sources — confirm details with the bill’s official record.

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