Fair Housing Practices Amendment Act of 2025

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A BILL 1
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26-126 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To amend the Rental Housing Act of 1985 to prohibit housing providers from separately 11
charging tenants for the utility charges accrued by the housing accommodation for its 12
common spaces or vacant units , to require that housing providers give notification to a 13
tenant of any unpaid amounts owed to the housing provider within 45 days after vacating 14
a rental unit and to obtain evidence that the tenant was served with the notification at 15
least 60 days prior to sending the unpaid amount to a debt collector ; and to clarify that 16
housing providers cannot charge tenants for services required under the implied warranty 17
of habitability. 18
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
act may be cited as the “Fair Housing Practices Amendment Act of 2025”. 21
Sec. 2. The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6- 10; D.C. 22
Official Code § 42-3501.01 et seq.), is amended as follows: 23
(a) Section 217 (D.C. Official Code § 42–3502.17) is amended by adding a new 24
subsection (e) to read as follows: 25
"(e)(1) Upon termination of a tenancy, the housing provider shall request a forwarding 26
mailing address or email address from the tenant for purposes of providing any notices required 27
pursuant to this section. 28
"(2)(A) Within 45 days after termination of the tenancy, the housing provider 29
shall notify the tenant in writing, either personally or by certified mail at the tenant's last known 30
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address, of any alleged unpaid amounts due to the housing provider pursuant to the terms of the 31
lease agreement which may include: 32
"(i) Unpaid rent arrearages; 33
"(ii) Damage to the rental unit beyond the standards of ordinary 34
wear and tear as defined in subsection (c) of this section; or 35
"(iii) Charges to the housing provider for removing furnishings and 36
items left by the tenant at moveout. 37
"(B) The notification shall also include: 38
"(i) Photographs or other documentation supporting the housing 39
provider's claim for alleged unpaid amounts; and 40
"(ii) A statement informing the tenant of his or her right to dispute 41
the alleged unpaid amounts and contact information for the housing provider. Tenants shall have 42
30 calendar days after the date the housing provider notice is served to dispute the alleged unpaid 43
amounts. A tenant may provide to the housing provider any evidence that the alleged unpaid 44
amount is inaccurate or incorrectly attributed to the tenant; provided, that the housing provider 45
shall provide a written response, which may be mail, electronic mail, or in person, to the tenant 46
with respect to any information provided under this subsection within 10 days after receipt of the 47
information from the tenant. 48
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"(3) The housing provider shall keep documentation that the tenant was served 49
with such notice required by this subsection at least 60 days prior to sending the unpaid amount 50
to a debt collector, as defined in D.C. Official Code § 28-3814(b)(5).” 51
(b) Section 510(b-2) is amended to read as follows: 52
"(b-2)(1)(A) A housing provider shall not charge a fee to a prospective tenant 53
before move-in, during a tenancy, or after move-out for services required of the housing provider 54
to maintain a housing accommodation or rental unit in a condition consistent with the implied 55
warranty of habitability and with Titles 12 and 14 of the District of Columbia Municipal 56
Regulations, or substantially similar subsequent regulations, including any fee charged to tenants 57
for services or facilities related to utilities, trash, locks, administrative fees for third-party billing, 58
or other services or facilities required to be provided. 59
"(B) Notwithstanding sub- paragraph (A) of this paragraph, nothing in this 60
subsection prohibits a housing provider from withholding a tenant's security deposit to replace 61
damaged items if the tenant has caused damage to the unit beyond the standard of ordinary wear 62
and tear as defined in section 217(c)(3).". 63
(c) A new section 511 is added to read as follows: 64
“Sec 511. Prohibition on separately billing a housing accommodation’s utility charges to 65
tenants. 66
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“(a) Beginning on January 1, 2027, a housing provider , or any third party contracted by 67
the housing provider, shall not separately charge tenants, other than through monthly rent, for the 68
utility charges accrued by the housing accommodation for its common spaces or vacant units. 69
“(b) Nothing in this subsection shall prevent a housing provider from using a Ratio 70
Utility Billing System to allocate master -metered utility charges to tenants, subject to the 71
limitations of this section. 72
"(c) For the purposes of this section, the term: 73
"(1) "Common space" means all portions of the premises used in common by the 74
occupants of a building or structure not under the exclusive control of a single tenant, including: 75
"(A) Lobbies; 76
"(B) Leasing offices; 77
"(C) Business centers; 78
"(D) Pools; and 79
"(E) Fitness centers. 80
"(2) "Ratio Utility Billing System" includes a program that utilizes a 81
mathematical formula for allocating, among the tenants and property ownership in a residential 82
building, their share of the actual or anticipated water, sewer, electrical, oil, or natural gas 83
charges billed to the housing provider from a direct or third- party provider of any such utility 84
service. Permitted allocation methods may include formulas based on square footage, occupancy, 85
or number of bedrooms. 86
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"(3) "Utility" means: 87
“(A) Electricity usage; 88
“(B) Gas usage; 89
“(C) Wastewater and sewage disposal service usage; 90
“(D) Water consumption or usage; or 91
"(E) Internet or telephone usage.". 92
Sec. 3. Fiscal impact statement. 93
The Council adopts the fiscal impact statement in the committee report as the fiscal 94
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 95
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 96
Sec. 4. Effective date. 97
This act shall take effect following approval by the Mayor (or in the event of veto by the 98
Mayor, action by the Council to override the veto), a 30- day period of congressional review as 99
provided in section 602(c)( 1) of the District of Columbia Home Rule Act, approved December 100
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 101
Columbia Register. 102