Read the full stored bill text
October 21, 2025
Nyasha Howard
Secretary to the Council
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Howard:
Today, I am introducing the “ DC Water Billing and Disconnection Modernization
Amendment Act of 2025 ,” along with Councilmembers R. White, Pinto, Lewis George , Frumin, T.
White, and Nadeau. Please find enclosed a signed copy of the bill.
The District of Columbia Water and Sewer Authority (“DC Water”) faces a growing balance of
unpaid water bills and , earlier this year, launched a more active campaign to discontinue water
service to properties with an outstanding balance . This campaign has revealed several practical
challenges with DC Water’s billing and disconnection practices . In some cases, DC Water has
proposed a disconnection at rental properties where the landlord has failed to pay the water bill ,
even though the tenants have been paying their rent. In these cases, tenants would lose access to
critical water services through no fault of their own. District agencies have also not developed an
effective system for holding landlords accountable when unpaid water bills result in loss of water
service for renters . District residents need a dignified billing and disconnection process that
recognizes that loss of water service jeopardizes people’s health and hygiene and should be a tool of
last resort. This bill does that, creating a fairer billing and disconnection process for both property
owners and tenants. The bill also requires better coordination between DC Water and District
agencies to increase accountability for the mismanagement of rental properties and provide more
support to affected residents.
For background, at my Committee’s February 20, 2025, performance oversight hearing, DC
Water explained that it is owed $36 million in unpaid water bills from customers.1 The amount of
1 D.C. Water and Sewer Authority: Performance Oversight Hearing Before the Committee on Transportation and the
Environment, Council of the District of Colum bia, https://lims.dccouncil.gov/Hearings/hearings/668 (see testimony
of CEO and GM-DC Water). See also District of Columbia Water and Sewer Authority, Financial Report to the Finance
and Budget Committee (July 23, 2025), www.dcwater.com/sites/default/files/document/2025-
07/documents/Monthly%20Financial%20Report%20July%202025.pdf.
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unpaid bills undermines the long -term financial health of the District’s water utility and the critical
water and sewer services it provides. If the utility cannot address this growing balance through its
various cost -recovery tools, it may need to raise rates for all customers, which would
disproportionately impact low-income residents.
The main tools that DC Water has to incentivize the timely payment of water and sewer
service bills are assessing fees against a customer for late payments,2 discontinuing water service to
a property with a delinquent account ,3 or placing a lien on the property at issue .4 Historically, DC
Water has mostly initiated service disconnections against single-family residential properties. For
example, from September 30, 2019 , through September 30, 2024 , DC Water completed 12,254
disconnections, which affected 711 commercial properties and 11,537 single -family properties .
However, during that same time, DC Water initiated disconnections at only 6 multifamily properties.
There are practical reasons for the disparity, as multifamily rental properties present unique
challenges compared to single-family homes. Many multifamily residential properties in the District,
such as apartments or condominiums, are “master -metered”—i.e., a single water meter serves the
entire building. In a master-metered building, water usage by individual occupants or units cannot be
determined. Instead, the owner or property manager often covers the bill for the entire property,
incorporating the cost of water service in the rental payments charged to tenants. Most importantly,
in a master-metered building, DC Water can not maintain service in some units while disconnecting
service at other units —it is an all -or-nothing approach. If a property owner or landlord allows their
account with DC Water to beco me delinquent, even as tenants have been making timely rent
payments with the understanding that a portion of that money is used to cover water and sewer
service, disconnecting service to the entire building is unfair to those tenants ; tenants would lose
access to critical water and sewer services through no fault of their own. DC Water’s understandable
reluctance to pursue disconnections at these properties has, unfortunately, contributed to arrears
ballooning to the nearly $35 million balance it now faces today.
In response, on March 19 of this year, DC Water launched a more active campaign to collect
the outstanding balances owed by initiating a series of disconnections, with a particular emphasis on
multi-family properties. Between March 19, 2025, and May 30, 2025, DC Water initiated 331 water
service disconnections, of which 327 involved small multi-family properties, and four involved larger
multifamily buildings. Forty-two of those properties experienced a water service disconnection, and
24 remained disconnected. As a result, many property owners and housing providers set up payment
plans or paid the bill in full, after which water service was restored. But others still have not, leaving
residents—many of whom are tenants who have paid their rent and expected that the utilities were
being paid—without water. In some of these cases, tenants may not have known that their building
was in arrears until they saw a notice of disconnection or experienced a disconnection. This includes
families with young children, seniors, and individuals with disabilities . Without more information
about individual occupants in these buildings, it has been difficult for District agencies (such as the
Office of the Tenant Advocate or the Office of People’s Counsel) or legal services providers to contact
2 D.C. Official Code § 34–2202.16(d).
3 D.C. Official Code § 34–2407.01(a)(2).
4 D.C. Official Code § 34–2407.02.
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families who have experienced or are facing disconnection to provide them with assistance or
guidance.
This past summer, I introduced , and the Council passed, the DC Water Disconnection and
Billing Clarification Emergency Amendment Act of 2025 . The emergency legislation requires that DC
Water provide earlier, more detailed notices to tenants regarding a property owner’s delinquency
and the resulting possibility of service disconnection. This more advanced notice gives residents more
time and additional information to arrange to receive water service in their own name,5 petition for
receivership,6 or find an alternative housing arrangement. The legislation also requires that DC Water
provide this notice to tenants in their spoken language, ensuring they understand the actions being
taken and the advice being offered . Finally, to allow for greater oversight over the disconnection
process, the legislation mandates that DC Water submit monthly reports on its water service
disconnection activities. Providing residents with more advanced warning of a potential water service
disconnection gives them time to plan around the disruption and minimize its impact on their lives.
A permanent solution is needed to comprehensively reform DC Water’s billing and
disconnection practices, balancing the need to recover timely payments from customers with the
protection of tenants and other residents from abrupt service disconnections. The DC Water Billing
and Disconnection Modernization Amendment Act of 2025 accomplishes this by reforming DC
Water’s billing and disconnection practices. Specifically, the bill:
• Establishes a detailed timeline for when DC Water issues a bill, a customer’s payment is due,
and an account is deemed delinquent . Once an account is deemed delinquent, both t he
property owner and any residents in the building at issue are notified of the delinquency. This
notice gives tenants time to arrange to receive service in their own name or find a new
residence before a disconnection. Currently, a bill for water service charges becomes
delinquent after 30 days from when the bill was issued , after which a late fee of up to 10%
may be applied.7
• Requires that DC Water wait a certain number of days following a delinquency before
disconnecting water service, with longer waiting periods provided for tenants who may be
unaware of the owner’s delinquency and vulnerable residents.
• Prohibits DC Water from disconnecting service during periods of extreme heat or cold.
• Expands options for tenants of a rental property or owner-occupants of a multi-unit property
(e.g., a condominium) to receive water and sewer service themselves instead of through their
landlord or unit owners’ association.
• Requires DC Water to establish an amnesty program through which participating customers
can have a portion of their outstanding balance for water and sewer services waived.
5 D.C. Official Code § 34–2303.
6 D.C. Official Code § 34–2304.
7 See supra note 3
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• Requires DC Water to establish customer incentive programs through which it offers
customers a discount for enrolling in an automatic payment program or setting up a third -
party guarantor.
• Updates the receivership process to be less burdensome on tenants and to allow the receiver
to use a portion of the money collected to make improvements to the property.
• Updates the process for initiating a lien proceeding against real property with delinquent
water and sewer service charges to : (1) l imit DC Water’s authority to initiate liens on
properties with at least $25,000 in outstanding charges and (2) restrict DC Water’s ability to
sell a property on which a lien has been placed unless it has at least $75,000 in outstanding
charges.
o Currently, a lien on a property may be filed after 60 days8 and the property may be
subject to a tax sale after 180 days, regardless of the amount owed.9
• Requires that DC Water provide notice of delinquent accounts to the Department of
Buildings, the Department of Licensing and Consumer Protection, the Office of the Tenant
Advocate, the Office of the Attorney General, the Office of People’s Counsel, the Department
of Disability Services, and the Department of Aging and Community Living, which would allow
these agencies to pursues enforcement actions against the owner or provide resources to the
owner/owner-occupants/tenants
• Requires monthly reporting from DC Water to the Council on delinquency, disconnections,
receivership petitions, liens, and other essential enforcement actions
• Adds DC Water to the list of agencies to which the language access requirements apply for
the purposes of issuing notices of disconnection based on the procedures outlined in this bill.
DC Water’s recent efforts at collecting outstanding charges for water service have revealed
significant challenges associated with water service disconnections at multifamily residential
buildings. This legislation takes a comprehensive approach to ensure that DC Water can collect
outstanding water debts while balancing the need for transparency, service reliability, and
accountability for responsible parties during water disconnection proceedings.
Sincerely.
Councilmember Charles Allen, Ward 6
Chair, Committee on Transportation and the Environment
Vice Chair, Metropolitan Washington Council of Governments
8 See supra note 4.
9 Id.
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_______________________________ _____________________________ 2
Councilmember Robert C. White, Jr. Councilmember Charles Allen 3
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_______________________________ _____________________________ 6
Councilmember Janeese Lewis George Councilmember Brooke Pinto 7
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_____________________________ _____________________________ 10
Councilmember Trayon White Councilmember Matthew Frumin 11
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_____________________________ 14
Councilmember Brianne K. Nadeau 15
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A BILL 19
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
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To amend the District of Columbia Public Works Act of 1954 to require that the District of 29
Columbia Water and Sewer Authority establish an amnesty program through which 30
participating customers can have a portion of their outstanding balance for water and sewer 31
services waived by the Authority , to modify the process by which tenants of a rental 32
property or owner-occupants of a multi-unit property can receive water and sewer service 33
from the Authority in their own name , including in cases where the property is master -34
metered and individual residents’ water usage cannot be determined, to establish a process 35
for the Authority to continue or resume water and sewer service to a property after a tenant 36
or owner-occupant has agreed to receive service in their name, to require the Authority to 37
establish customer incentive programs through which the Authority offers customers a 38
discount for enrolling in an automatic payment program or establishing a third -party 39
guarantor, to clarify the rules for petitioning for and administering a receivership for 40
properties with delinquent water and sewer service charges , to clarify the process for 41
initiating a lien proceeding against real property with delinquent water and sewer service 42
charges, to establish a timeline for the Authority to issue bills to customers and determine 43
when customers’ accounts are past due or delinquent, to require that the Authority provide 44
notice to District agencies and customers when an account becomes delinquent, to require 45
that an account be delinquent for a certain period of time before the Authority is authorized 46
to terminate service to a property, to prohibit water disconnections during forecasts of 47
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extreme temperature, and to require specific data to be reported to the Council on a monthly 48
basis; to amend the Water and Sewer Authority Establishment and Department of Public 49
Works Reorganization Act of 1996 to authorize the Authority to impose additional charges 50
and penalties for the late payment of bills, to clarify the bill dispute process and timeframes; 51
and to empower the Director of the Department of Energy and Environment to provide to 52
grants to nonprofit organization s or private entit ies providing free legal services to 53
ratepayers related to water and sewer service and to require that the Authority make 54
conforming amendments to the applicable regulations 55
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 57
be cited as the “DC Water Billing and Disconnection Modernization Amendment Act of 2025”. 58
Sec. 2. The District of Columbia Public Works Act of 1954, effective May 18, 1954 (68 Stat. 101; 59
D.C. Official Code § 34-2301 et seq.), is amended as follows: 60
(a) Section 1801 (D.C. Official Code § 34–2301) is amended to read as follows: 61
“(1) “Authority” or “DC Water” means the District of Columbia Water and Sewer 62
Authority. 63
“(2) “Owner” means any individual, corporation, association, or partnership listed as the 64
legal titleholder of record for any real property located in the District. 65
“(3) “Owner-occupant” means the owner of a residential unit that serves as the owner’s 66
primary residence and is located within a multi-unit building that is managed by a unit owners’ association. 67
“(4) “Rent al payment ” means any monetary payment or other form of consideration 68
transferred from a tenant to an owner for the occupation or use of a unit within a rental property. 69
“(5) “Rental property” means any real property consisting of one or more residential units 70
that are being rented, leased, or subleased to any person other than the owner. 71
“(6) “Responsible party” means: 72
“(A) Any owner of a rental unit that receives the bill for water and sewer service 73
for a rental property they own in their name or the name of their agent; or 74
“(B) Any owner -occupant or tenant that receives the bill for water and sewer 75
service in their own name as described in section 1803. 76
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“(7) “Tenant” means any person who is e ntitled to the possession, occupancy, or the 77
benefits of any rental property in exchange for rental payments. 78
“(8) “Unit owners’ association ” means any condominium association, community 79
association, unit owners’ association, or any other common interest development that manages a multi-unit 80
building in which owner-occupants separately own individual units.”. 81
(b) New section 1802a (D.C. Official Code § 34–2302) is amended as follows: 82
“Sec. 1802a. 2026 Amnesty program. 83
“(a)(1) DC Water shall establish an Amnesty Program (“Program”) for any responsible party that 84
is liable for delinquent water and sanitary sewer services. 85
“(2) DC Water shall, through the Program: 86
“(A) W aive all fees or interest assessed against a responsible party for late 87
payments if the responsible party pays off all other outstanding charges for water and sanitary sewer 88
services; 89
“(B) Waive a portion of the responsible party’s outstanding balance if the 90
responsible party enters into a payment plan with DC Water; or 91
“(C) Waive a portion of an owner’s outstanding balance for any expenditures made 92
by the owner to improve water service, including expenditures to repair a leak or to sub-meter units in the 93
property. 94
“(b) DC Water shall conduct a continuous public awareness campaign regarding the Program from 95
September 1, 2026 through December 15, 2026. 96
“(c) DC Water shall accept applications to the Program from October 1, 2026, through December 97
31, 2026.”. 98
(c) Section 1803 (D.C. Official Code § 34–2303) is amended to read as follows: 99
“Sec. 1803. Right of tenant or owner-occupant to receive water and sewer service in their own 100
name; payment owed by owner-occupant or tenant. 101
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“(a)(1) If an owner of a rental property or their agent is billed directly by DC Water for water and 102
sewer services provided to a rental property, and the owner or agent’s account is deemed delinquent 103
pursuant to section 103(c), any tenant residing in that rental property may enter into an agreement with DC 104
Water to have water and sewer service continued or resumed in the tenant’s own name as described in this 105
section. 106
“(2) For tenants who wish to receive service in their name pursuant to paragraph (1) of this 107
section and who reside in a master-metered rental property in which tenants’ water and sewer usage cannot 108
otherwise be determined, DC Water shall either: 109
“(A) Enter into an agreement with the owner or their agent to sub-meter each unit 110
in the rental property and: 111
“(i) Continue or resume service in the owner or their agent’s name 112
pursuant to a payment plan; or 113
“(ii) Continue or resume service in the name of any individual tenant who 114
agrees to have water and sewer service continued in their own name as described in this section; 115
“(B) Enter into an agreement with a tenant association representing tenants in the 116
rental property, if that tenant association has voted to continue or resume service in the tenant association’s 117
name; or 118
“(C) Enter into direct agreements with tenants to continue or resume service in 119
their name, provided that tenants representing at least 70% of occupied units in the building agree to 120
continue or resume service. 121
“(3) If a unit owners’ association or their agent is billed directly by DC Water for water 122
and sewer services to a multi-unit building, and the unit owners’ association’s account is deemed delinquent 123
pursuant to section 103(c), any owner-occupant residing in that multi-unit building unit may enter into an 124
agreement with DC Water to have water and sewer service continued or resumed in the owner-occupant’s 125
own name as described in this section. 126
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“(4) For owner-occupants who wish to receive service in their name pursuant to paragraph 127
(3) of this subsection and who reside in a master-metered rental property in which owner-occupants’ water 128
and sewer usage cannot otherwise be determined, DC Water shall either: 129
“(A) Enter into an agreement with the unit owner’s association or their agent to 130
sub-meter each unit in the rental property and: 131
“(i) Continue or resume service in the unit owner’s association’s name 132
pursuant to a payment plan; or 133
“(ii) Continue or resume service in the name of any individual owner-134
occupant who agrees to have water and sewer service continued in the ir own name as described in this 135
section; 136
“(B) Enter into direct agreements with owner-occupants to continue or resume 137
service in their name, provided that owner-occupants representing at least 70% of units in the building agree 138
to continue or resume service. 139
“(b)(1) DC Water shall enter into an agreement with a tenant or owner -occupant to continue or 140
resume water service in the tenant or owner-occupant’s name upon request of the tenant or owner-occupant. 141
“(2) Notwithstanding paragraph (1) of this subsection, DC Water may refuse to enter into 142
an agreement with any tenant or owner-occupant whose account, while under a prior agreement to receive 143
service in their name, was deemed delinquent within the last six months. 144
“(3) An owner shall not prohibit a tenant or owner -occupant from entering into an 145
agreement with DC Water to have water and sewer service in the tenant or owner -occupant’s name, 146
provided the tenant or owner-occupant is otherwise eligible to do so. 147
“(c) If a tenant, tenant association, or owner-occupant enters into an agreement to receive water 148
and sewer service in their own name pursuant to subsection (a) of this section: 149
“(1) DC Water shall establish a new account for the tenant , tenant association, or owner-150
occupant, through which DC Water will provide the tenant, tenant association, or owner-occupant with a 151
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receipt of all payments made to DC Water and to which the tenant, tenant association and owner-occupant 152
will maintain access after they vacate the rental property or service is returned to the owner’s name; 153
“(2) DC Water shall not d isconnect service, or shall resume service that was previously 154
disconnected due to the owner’s delinquency, unless the tenant, tenant association, or owner-occupant fails 155
to comply with the terms of the agreement and DC Water complies with section 103 of this act; 156
“(3) DC Water, the owner, and the unit owner’s association shall not r equire a tenant or 157
owner-occupant to assume liability for any charges or fees billed to the owner or unit owners’ association 158
for any period of service prior to when the tenant or owner -occupant entered into an agreement to have 159
service continued or resumed in tenant or owner-occupant’s name; 160
“(4) For any rental property or multi-unit buildings that is master-metered and for which a 161
tenants’ or owner-occupants’ water usage cannot be determined, DC Water shall not require a tenant to pay 162
more than the total water and sewer service bill divided by the number of occupied units at the time of the 163
proposed shut-off for any period of service for which the tenant or owner-occupant is being billed. 164
“(5) Notwithstanding any other provision of law, the tenant may withhold the amount paid 165
to DC Water for the cost of such service from any rental payment due to the owner, unit owners’ association, 166
or their agent, except when the cost of such service has already been deducted from the rent al payment 167
owed for the same time period. 168
“(d) If a tenant does not enter into an agreement with DC Water to receive service in their own 169
name, DC Water may commence termination procedures, provided that DC Water complies with section 170
103 of this act. 171
“(e) Nothing in this section shall prevent the Mayor or the Attorney General from pursuing any 172
other appropriate action or remedy at law or equity against an owner, agent, lessor, manager, or tenant of a 173
rental property.”. 174
(d) New section 1803a is added to read as follows: 175
“Sec. 1803a. Customer incentive programs. 176
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“(a) DC Water shall launch incentive programs through which it may offer responsible parties a 177
discount, in an amount to be determined by DC Water, if the responsible party: 178
“(1) Enrolls in an automatic payment program through which the amount due to DC Water 179
for a responsible party’s most recent bill is automatically charged to, debited from, or otherwise transferred 180
from a banking or credit account owned or controlled by the responsible party; or 181
“(2) Enters into an agreement with DC Water establishing a third -party guarantor that assumes 182
liability for any payment owed to DC Water by the responsible party if their account is deemed delinquent 183
pursuant to section 103(c).”. 184
(e) Section 1804 (D.C. Official Code § 34-2304) is amended to read follows: 185
“(a) If the account belonging to the owner of a rental property is deemed delinquent, DC Water or 186
any tenant residing in that rental property may petition the Superior Court of the District of Columbia 187
(“Court”) for the appointment of a receiver. 188
“(b)(1)(A) The Chief Judge of the Superior Court, or their designee, upon receipt of a petition that 189
makes a prima facie showing that an owner’s account i s delinquent, shall immediately issue an order 190
requiring such owner or their agent to show cause why a receiver should not be appointed. 191
“(B) For the purposes of this section, a copy of the notice provided to tenants 192
indicating that an owner account has been deemed delinquent, as described in section 103(c)(2) shall 193
constitute a prima facie showing that an owner’s account is delinquent. 194
“(2) The order of the Court, together with a copy of the verified petition: 195
“(A) Shall be served on the owner or their agent at their last known address, or by 196
any other method as the Court may direct , and shall be posted in a conspicuous place upon the rental 197
property in question; and 198
“(B) Transmitted to DC Water. 199
“(3) A hearing on the show cause order shall be held no later than three business days after 200
its issuance or the first court day thereafter. 201
“(4) Prior to the show cause hearing: 202
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“(A) R espondent may file an answer to the petition raising any appropriate 203
defenses, including any evidence that they have resolved the delinquency through payment or by entering 204
a payment plan, provided that any set -offs, counterclaims, or third -party claims shall not be grounds for 205
refusing to appoint a receiver; and 206
“(B) DC Water shall transmit to the Court the most recent billing statement for the 207
rental property that is the subject of the receivership petition. 208
“(5) If the Court finds, by a preponderance of the evidence, that the owner’s account with 209
DC Water remains delinquent, the Court shall appoint a receiver to collect from the tenants of that rental 210
property any rental payments owed. 211
“(c)(1) A receiver appointed pursuant to subsection (b)(5) of this section may take any action it 212
deems necessary to collect all rental payments for use and occupancy from the tenants of the rental property 213
in lieu of the owner or their agent. 214
“(2) The Court may sua sponte or upon request by the receiver: 215
“(A) Impose a binding payment plan on the respondent; or 216
“(B) Appoint the receiver as the trustee of any escrow account or other funds into 217
which rental payments are deposited. 218
“(3) The receiver shall deposit any rental payments collected from tenants of the rental 219
property into an escrow account for which the receiver has been appointed by trustee as described in 220
paragraph (2)(B) of this subsection. 221
“(3)(A) The receiver shall pay DC Water for water and sewer services provided to the 222
rental property using money from the escrow account. 223
“(B) Notwithstanding subparagraph (A), the Court may: 224
“(i) Allow the receiver to expend up to 20% of the rent al payments 225
collected from tenants for the operation and maintenance of, or improvements to, the rental property; or 226
“(ii) Require that the receiver equitably apportion payments to any other 227
person or entity to whom the owner is indebted and with respect to which any court has appointed a receiver, 228
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including any electric company, electricity supplier, or natural gas supplier as described in section 4 of the 229
Prohibition of Electric and Gas Utility Service Terminations to Master -Metered Apartment Buildings Act 230
of 1980, effective September 13, 1980 (D.C. Law 3-94; D.C. Official Code § 42–3303). 231
“(4) The owner or their agent shall be liable for the reasonable fees and costs determined 232
by the Court to be owed to the receiver, which the receiver may recover from the escrow account for which 233
the receiver serves as trustee. 234
“(5) Any money remaining after the receiver makes the payments described in paragraph 235
(3) of this subsection and recovers fees and costs as described in paragraph (4) of this subsection shall be 236
transferred to the owner or their agent. 237
“(6) The Court may require the receiver to provide an accounting of the escrow account or 238
other components of the receivership. 239
“(c) Any receivership established pursuant to this section shall be terminated by the Court upon a 240
finding that: 241
“(1) The delinquency which was the subject of the original petition has been resolved; 242
“(2) All tenants have entered into an agreement with DC Water to receive service in their 243
own names; or 244
“(3) T he rental property has been sold and the new owner has assumed liability for 245
prospective service supplied by DC Water. 246
“(d) Nothing in this section shall prevent the Mayor, DC Water, or a tenant from pursuing any other 247
appropriate action or remedy at law or equity against the owner of the rental property or their agent. 248
“(e) Any owner, agent, lessor, or manager who collects or attempts to collect a rental payment from 249
a tenant of the rental property subject to an order appointing a receiver pursuant to this section shall be 250
found to be in contempt of court, after due notice and hearing. 251
“(f) If the tenant or DC Water prevails in an action to appoint a receiver brought under this section, 252
the court shall award costs and reasonable attorney’s fees. 253
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“(g) An owner, agent, lessor, or manager of a structure or property that is placed in receivership 254
pursuant to this section shall not service debt owed to themselves or another structure, property, or entity 255
in which the owner or owners have a beneficial interest.”. 256
(f) Section 101(a) (D.C. Official Code § 34–2407.02(a)) is amended to read as follows: 257
“(a)(1)(A) DC Water may initiate a lien proceeding against any property for which the owner’s 258
account has been deemed delinquent by filing a lien request with the Recorder of Deeds. 259
“(B) DC Water shall not initiate a lien as described in paragraph (1) of this 260
subsection unless: 261
“(i) At least 60 days have elapsed from the determination of delinquency 262
as described in section 103(c) of this act; 263
“(ii) The outstanding charges for the property exceed $25,000; and 264
“(iii) DC Water has provided the owner with notice of its intent to initiate 265
a lien proceeding against the owner no less than 30 days prior to DC Water’s filing of a certificate of 266
delinquency. 267
“(C) A lien request shall include: 268
“(i) The date on which the account for the property was deemed delinquent 269
pursuant to section 103(c); 270
“(ii) The account’s current outstanding balance; 271
“(iii) A summary of any prior attempts to resolve the delinquent account 272
with the owner; and 273
“(iv) A copy of the notice provided to the owner of DC Water’s intent to 274
initiate a lien proceeding against the owner. 275
“(2) The Recorder of Deeds shall approve a lien request filed by DC Water that meets the 276
requirements of this section. 277
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“(3)(A) If the Recorder of Deeds approves of a lien request as described in paragraph (2) 278
of this subsection, the Recorder of Deeds shall place a continuing lien against the real property and show 279
the amount of unpaid charges for District water and sanitary sewer services. 280
“(B) The continuing lien shall be for the current balance of all unpaid water and 281
sewer service charges, penalties, interest, and administrative costs owed by the owner. 282
“(4) If the owner’s account remains delinquent for more than 90 days after the Record of 283
Deeds’ approval of the lien request, DC Water may seek enforcement of the lien in the same manner that 284
real property tax liens are enforced pursuant to Chapter 13 and Subchapter IV of Chapter 13A of Title 47. 285
“(5)(A) If the owner’s account remains delinquent for more than 180 days after the Record 286
of Deeds’ approval of the lien request and the outstanding charges for the property exceed $75,000, the real 287
property may be sold at a tax sale in accordance with the provisions for the sale of property for delinquent 288
real property taxes pursuant to Chapter 13 of Title 47. 289
“(B) Any real property sold for unpaid water and sanitary sewer service charges is 290
not redeemed by the owner within 180 days from the date of sale, including payment of 2% interest for 291
each month until the property is redeemed, the Mayor shall furnish a deed to the purchaser or holder of the 292
certificate of sale in accordance with § 47-1304. 293
“(6) Any proceeds from an enforcement action taken pursuant to paragraph (4) of this 294
subsection or any tax sale of real property as described in paragraph (5) of this subsection shall be 295
transmitted to DC Water to satisfy the owner’s outstanding charges. 296
“(7) If an owner whose property is subject to a lien resolves all outstanding charges, DC 297
Water shall request, no later than five business days from the owner’s resolution of outstanding charges, 298
that the Recorder of Deeds remove the lien from the owner’s property. 299
“(8) The Recorder of Deeds shall, no later than three business days after receipt of a request 300
to remove a lien from the owner’s property as described in paragraph (7) of this subsection , remove said 301
lien. 302
(g) Section 103 (D.C. Official Code § 34–2407.01) is amended to read follows: 303
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“Sec. 103. Billing; delinquent accounts; notice to District agencies; disconnection of service for 304
delinquency. 305
“(a)(1) DC Water shall, for the most recent period of service, issue a bill to the responsible party, 306
as that term is defined in section 1801(6), that itemizes all charges, fees, and credits. 307
“(2) DC Water shall not require, for any bill issued pursuant to paragraph (1) of this 308
subsection, payment by the responsible party sooner than 30 calendar days after issuance of the bill. 309
“(b)(1) If after 30 days have elapsed from issuance of the bill, full payment has not been made on 310
the bill, or the responsible party has not enrolled in a payment plan or disputed the bill as described in 311
section 216(f)(1) of the Water and Sewer Authority Establishment and Department of Public Works 312
Reorganization Act of 1996 , effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34 –313
2202.16(f)(1)), DC Water shall send notice to the owner that: 314
“(A) The account for the property is past due; 315
“(B) Failure to resolve the past due account by paying the full amount or entering 316
into a payment plan will result in the account being deemed delinquent; 317
“(C) Once the account is deemed delinquent, DC Water is authorized to terminate 318
service as described in subsection (e); and 319
“(D) Assistance may be sought through the Office of People’s Counsel (“OPC”), 320
the Office of the Tenant Advocate (“OTA”) , and any other entity that DC Water ascertains may be a 321
resource to the responsible party 322
“(2) The notice required by paragraph (1) of this subsection shall be developed in 323
consultation with OTA and OPC, and sent to the responsible party’s address of record via first class mail. 324
“(c)(1) If full payment has not been made, or the responsible party has not entered into a payment 325
plan after 30 days have elapsed from issuance of the notice described in subsection (b), DC Water shall 326
deem the responsible party’s account delinquent and send notice to the owner stating: 327
“(A) That the account has been deemed delinquent; 328
“(B) The amount due; and 329
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“(C) That DC Water is authorized to terminate service as described in subsection 330
(e). 331
“(2) The notice required by paragraph (1) of this subsection shall, no more than five 332
business days after deeming the responsible party’s account delinquent, be: 333
“(A) Sent to the responsible party’s address of record via first class mail; 334
“(B) For any multi-unit property occupied by an owner -occupant or any rental 335
property occupied by a tenant , posted at each entry to the affected multi-unit building or rental property; 336
and: 337
“(i) Posted each affected unit within the multi -unit building or rental 338
property, if there is public access to each unit; or 339
“(ii) Mailed to each unit within the rental property occupied by a tenant or 340
owner-occupant. 341
“(3) The notice required by paragraph (1) of this subsection shall be developed in 342
consultation with the Office of the Tenant Advocate (“OTA”) and the Office of People’s Counsel (“OPC”). 343
“(d)(1) If the account belonging to an owner or unit owners’ association for a rental property that 344
is occupied by a tenant or owner-occupant is deemed delinquent pursuant to this section, DC Water shall, 345
within five business days, notify the Department of Buildings (“DOB”), the Department of Licensing and 346
Consumer Protection (“DLCP”), Department on Disability Services (“DDS”), the Department of Aging 347
and Community Living (“DACL”) the Office of the Attorney General (“OAG”), OPC, and OTA of the 348
owner’s delinquency, including: 349
“(A) The name of the owner; 350
“(B) The address for which the account is delinquent; 351
“(C) The amount owed by owner; 352
“(D) The total number of days or months the owner’s account has been delinquent, 353
including any time the owner was enrolled in a payment plan with which the owner failed to comply; and 354
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“(E) The earliest date by which DC Water may disconnect water and sewer service 355
under the notice requirements of section 103(e) of this act. 356
“(e) Upon receipt of the information from DC Water required by subsection (d)(1): 357
“(1) DACL shall: 358
“(A) Immediately notify DC Water if it believes that an individual 65 years of age 359
or older resides in the rental property or multi-unit building; and 360
“(B) Directly engage the resident to confirm their age and offer any appropriate 361
supports or services. 362
“(2) DDS shall: 363
“(A) Immediately notify DC Water if it believes that a person with a disability 364
resides in the rental property or multi-unit building; and 365
“(B) Directly engage the resident to confirm their disability and offer any 366
appropriate supports or services. 367
“(3) DOB and DLCP shall keep a record of the delinquency for the purposes of enforcing 368
section 3(a)(5) of the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 369
1996 (D.C. Law 11-118; D.C. Official Code § 47–2862(a)(5)). 370
“(f)(1) DC Water may terminate water service to any building, property, or location only if the 371
responsible party’s account has been deemed delinquent pursuant to this section. 372
“(2) After an account has been deemed delinquent pursuant to this section , DC Water is 373
authorized to terminate service no sooner than: 374
“(A) 60 days after the account has been deemed delinquent pursuant to this section, 375
for any property occupied by the owner, or any tenant or owner-occupant that receives service in their own 376
name; or 377
“(B) 90 days after the account has been deemed delinquent pursuant to this section, 378
for any tenant or owner-occupant who does not receive service in their own name. 379
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“(C) 120 days after the account has been deemed delinquent pursuant to this 380
section, for any tenant or owner -occupant who DACL has determined to be a person 65 years of age or 381
older or who DDS has determined to be a person with a disability. 382
“(3) Notwithstanding paragraph (2) of this subsection, for any rental property to which DC 383
Water cannot terminate water and sewer service on a unit-by-unit basis, DC Water is authorized to terminate 384
service no sooner than 100 days after the account has been deemed delinquent pursuant to this section, for 385
any tenant or owner-occupant who does not receive service in their own name. 386
“(g)(1) Notwithstanding any other law, DC Water shall not shut off residential water or sewage 387
service due to the responsible party’s delinquent account during any day preceding, and any day of, a 388
forecast of extreme temperature or if the forecast of extreme temperature precedes a holiday or weekend 389
day, on any day during the holiday or weekend. 390
“(2) For the purposes of this subsection, the term “forecast of extreme temperature” means 391
a National Weather Service (“NWS”) forecast for the District of Columbia during any time of day of: 392
“(A) 95 degrees Fahrenheit or above during any time of the day, based on the NWS 393
actual temperature forecasts or the NWS heat and wind chill indices, whichever is higher; or 394
“(B) 32 degrees Fahrenheit or below during any time of the day, based on the NWS 395
actual temperature forecasts or the NWS heat and wind chill indices, whichever is lower. 396
“(h) DC Water shall submit on the 10th day of each month, the following information to the Council, 397
the Office of the Attorney General, the Office of People’s Counsel, and the Office of the Tenant Advocate 398
for the preceding month: 399
“(1) The number of properties that received a notice of disconnection, including a separate 400
count of the number of multi-unit residential properties with the owner as the responsible party that received 401
a notice of disconnection; 402
“(2) Of those properties that were issued a notice, the number of properties that experienced 403
a disconnection; 404
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“(3) Of those properties that experienced a disconnection, the number of properties that 405
had service restored; 406
“(4) The number of properties that entered into a payment plan; 407
“(5) The number of properties that have had bill payment assumed by the tenants through 408
a tenant association or by direct agreement with tenants; 409
“(6) The number of properties that have been placed in receivership; and 410
“(7) The number of properties for which DC Water has requested a lien. 411
“(i) DC Water shall provide translations of the notices required under subsections (b)(1) and (c)(1) 412
of this section in any non-English language spoken by a limited or no -English proficient population that 413
constitutes 3% or 500 individuals, whichever is less, of the population served or encountered at the 414
property.”. 415
Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of Public 416
Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-417
2202.16), is amended as follows: 418
(a) Subsection (d) is amended to read as follows: 419
“(d) The Authority may impose additional charges and penalties for late payment of bills 420
not exceeding a charge of 10% for any charges or bills remaining unpaid for more than 30 days, and a 421
penalty at the rate of 1% per month compounded monthly for any charges or bills that remain unpaid for 422
more than 60 days.”. 423
(b) Subsection (e) is repealed. 424
(c) Subsection (f) is amended to read as follows: 425
“(f)(1) A responsible party, as that term is defined in section 1801(6) of the District of Columbia 426
Public Works Act of 1954, effective May 18, 1954 (68 Stat. 101; D.C. Official Code § 34 –2301(6)), may 427
dispute a bill issued to them by the Authority, provided that the responsible party transmits the dispute to 428
the Authority in writing, through an online application, or by telephone no later than 30 days after rendition 429
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of the bill being disputed as described in section 103(a)(1) of the District of Columbia Public Works Act of 430
1954, effective May 18, 1954 (68 Stat. 101; D.C. Official Code § 34–2407.01). 431
“(2) If a residential customer's dispute meets the requirements of this subsection , the 432
Authority shall suspend the residential customer's obligation to pay the disputed bill until the customer has 433
received the result of the Authority's investigation of the dispute in writing or by email. 434
“(3) The Authority shall include on the front of a residential customers' bill the specific 435
date by which a dispute must be communicated to the Authority by a responsible party, or someone acting 436
on behalf of the responsible party. 437
“(4) If a responsible party disputes a bill in accordance with the requirements of this 438
subsection, the Authority shall review: 439
“(A) The bill being disputed; 440
“(B) Any bill issued between the date the responsible party made their dispute 441
pursuant to paragraph (1) and the resolution of that challenge; and 442
“(C) The two bills preceding the bill being disputed. 443
“(5)(A) The Authority shall respond to a dispute made in accordance with this subsection 444
no later than 30 calendar days from the date it was received.”. 445
Sec. 5. Grants for legal assistance for water service ratepayers. 446
(a) The Director of the Department of Energy and Environment (“Director”) may issue grants to 447
any eligible nonprofit organization or private entity for the provision of pro bono legal services to DC Water 448
ratepayers related to water and sewer service disconnection, petitions for receivership, or the initiation of a 449
lien for water charges. 450
(b) The Director, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement this 451
section. 452
Sec. 6. Regulations. 453
(a)(1) No later than 90 days after the effective date of this act, DC Water shall issue new regulations 454
that conform to the requirements of this act. 455
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(2) DC Water shall submit the proposed regulations to the Council for a 45-day period of 456
review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The Council may approve 457
the proposed regulations in whole or in part. If the Council does not disapprove the proposed regulations 458
within this 45-day period, the regulations shall be deemed approved. 459
Section 7. Fiscal impact statement. 460
The Council adopts the fiscal impact statement in the committee report as the fiscal impact 461
statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 462
2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 463
Sec. 7. Applicability. 464
Section 3 shall apply as of April 18, 1996. 465
Sec. 8. Effective date. 466
This act shall take effect after approval by the Mayor (or in the event of veto by the 467
Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in 468
section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; 469
D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. 470