Read the full stored bill text
ENGROSSED ORIGINAL
1
A BILL 1
2
3
26-197 4
5
6
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
8
___________ 9
10
11
To require, on a temporary basis, that providers of commercial or residential rental property 12
offer and maintain any rent payment plan agreed upon between March 11, 2020, and 13
July 25, 2022, with eligible tenants, and to maintain the minimum requirements for such 14
a plan. 15
16
BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may 17
be cited as the “Tenant Payment Plan Phasing Temporary Act of 2025”. 18
Sec. 2 Tenant payment plans. 19
(a) From March 11, 2020, through July 25, 2022 ("program period"), a provider shall 20
offer a rent-payment-plan program ("program") for eligible tenants. Under its program, a 21
provider shall: 22
(1) Make a payment plan available to an eligible tenant for the payment of gross 23
rent, contractual increases agreed to in a commercial lease's rent escalation tables, and any other 24
amounts that come due under the lease during the program period and prior to the cessation of 25
tenancy ("covered time period"), with a minimum term length of one year unless a shorter 26
payment plan term length is requested by the eligible tenant; 27
ENGROSSED ORIGINAL
2
(2) Waive any fee, interest, or penalty that arises out of an eligible tenant entering 28
into a payment plan; 29
(3) Not report to a credit reporting agency as delinquent the rent subject to the 30
payment plan; 31
(4) Provide that an eligible tenant does not lose any rights under the lease by 32
entering into the payment plan; and 33
(5) Notify all tenants of the availability, terms, and application process for its 34
program. 35
(b)(l) Tenants entering into a payment plan shall be required to make payments in equal 36
monthly installments for the duration of the payment plan unless a different payment schedule is 37
requested by the tenant. 38
(2) A provider shall permit a tenant that has entered into a payment plan to pay an 39
amount greater than the monthly amount provided for in the payment plan. 40
(3) A provider shall not require or request a tenant to provide a lump-sum 41
payment under a payment plan. 42
(4) A provider shall agree in writing to the terms of a payment plan. 43
(c) A provider shall utilize existing procedures or, if necessary, establish new procedures 44
to provide a process by which an eligible tenant may apply for a payment plan, which may 45
include requiring the tenant to submit supporting documentation. A provider shall permit an 46
application for a payment plan to occur online or by telephone. 47
ENGROSSED ORIGINAL
3
(d) A provider shall approve each application for a payment plan submitted during a 48
covered time period in which an eligible tenant: 49
(1) Demonstrates to the provider evidence of a financial hardship resulting 50
directly or indirectly from the COVID-19 public health emergency, regardless of an existing 51
delinquency or a future inability to make rental payments established prior to the start of the 52
COVID-19 public health emergency; and 53
(2) Agrees in writing to make payments in accordance with the payment plan. 54
(e)(1) A provider who receives an application for a payment plan shall retain the 55
application, whether approved or denied, for at least 3 years. 56
(2) Upon request of the tenant, a provider shall make an application for a payment 57
plan available to: 58
(A) For residential tenants, the Rent Administrator and the Office of the 59
Tenant Advocate; and 60
(B) For commercial tenants, the Department of Licensing and Consumer 61
Protection. 62
(f)(1) A residential tenant whose application for a payment plan is denied may file a 63
written complaint with the Rent Administrator. The Rent Administrator shall forward the 64
complaint to the Office of Administrative Hearings for adjudication. 65
(2) A commercial tenant whose application for a payment plan is denied may file 66
a written complaint with the Department of Licensing and Consumer Protection. 67
ENGROSSED ORIGINAL
4
(g) Tenant payment plans may not contain any waiver of the tenant's rights under the 68
tenant's lease or District of Columbia law. A tenant entering into a tenant payment plan retains 69
the right to contest the amount of rent due unless this is agreed to in writing by both parties. 70
(h) During the program period, unless the provider has offered a rent payment plan 71
pursuant to this section and approved a rent payment plan pursuant to subsection (d) of this 72
section, that provider shall be prohibited from filing any collection lawsuit or eviction for 73
nonpayment of rent; provided, that the tenant does not default on the terms of the payment plan. 74
(i) For the purposes of this act, the term: 75
(1) "COVID-19 public health emergency" means the emergencies declared in the 76
Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of 77
Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any 78
extension of those declared emergencies. 79
(2) “Eligible tenant” means a tenant that: 80
(A) Has notified a provider of an inability to pay all or a portion of the rent 81
due as a result of the COVID-19 public health emergency; 82
(B) Is not a franchisee unless the franchise is owned by a District resident; 83
and 84
(C) Has leased from a provider: 85
(i) A residential property; 86
(ii) Commercial retail space; or 87
ENGROSSED ORIGINAL
5
(iii) Commercial space that is less than 6,500 square feet in size 88
and that comprises all or part of a commercial building. 89
(3) ''Housing provider" means a person or entity who is a residential landlord, 90
residential owner, residential lessor, residential sublessor, residential assignee, or the agent of 91
any of the foregoing or any other person receiving or entitled to receive the rents or benefits for 92
the use or occupancy of any residential rental unit within a housing accommodation within the 93
District. 94
(4) "Non-housing provider" means a person or entity who is a non-residential 95
landlord, non-residential owner, non-residential lessor, non-residential sublessor, non-residential 96
assignee, a non-residential agent of a landlord, owner, lessor, sublessor, or assignee, or any other 97
person receiving or entitled to receive rents or benefits for the use or occupancy of a commercial 98
unit. 99
(5) "Provider" means a housing provider or a non-housing provider. 100
Sec. 3. Fiscal impact statement. 101
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 102
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 103
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 104
Sec. 4. Effective date. 105
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 106
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 107
ENGROSSED ORIGINAL
6
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 108
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 109
Columbia Register. 110
(b) This act shall expire after 225 days of its having taken effect. 111