ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To continue requiring, on a temporary basis, that providers of commercial or residential rental
property offer and maintain any rent payment plan agreed upon between March 11,
2020, and July 25, 2022, with eligible tenants, and to maintain the minimum
requirements for such a plan.
BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may
be cited as the “Tenant Payment Plan Phasing Continuation Temporary Act of 2023”.
Sec. 2. Tenant payment plans.
(a) From March 11, 2020, through July 25, 2022 ("program period"), a provider shall
offer a rent-payment-plan program ("program") for eligible tenants. Under its program, a
provider shall:
(1) Make a payment plan available to an eligible tenant for the payment of gross
rent, contractual increases agreed to in a commercial lease's rent escalation tables, and any other
amounts that come due under the lease during the program period and prior to the cessation of
tenancy ("covered time period"), with a minimum term length of one year unless a shorter
payment plan term length is requested by the eligible tenant;
(2) Waive any fee, interest, or penalty that arises out of an eligible tenant entering
into a payment plan;
(3) Not report to a credit reporting agency as delinquent the rent subject to the
payment plan;
(4) Provide that an eligible tenant does not lose any rights under the lease by
entering into the payment plan; and
(5) Notify all tenants of the availability, terms, and application process for its
program.
(b)(l) Tenants entering into a payment plan shall be required to make payments in equal
monthly installments for the duration of the payment plan unless a different payment schedule is
requested by the tenant.
(2) A provider shall permit a tenant that has entered into a payment plan to pay an
amount greater than the monthly amount provided for in the payment plan.
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(3) A provider shall not require or request a tenant to provide a lump-sum
payment under a payment plan.
(4) A provider shall agree in writing to the terms of a payment plan.
(c) A provider shall utilize existing procedures or, if necessary, establish new procedures
to provide a process by which an eligible tenant may apply for a payment plan, which may
include requiring the tenant to submit supporting documentation. A provider shall permit an
application for a payment plan to occur online or by telephone.
(d) A provider shall approve each application for a payment plan submitted during a
covered time period in which an eligible tenant:
(1) Demonstrates to the provider evidence of a financial hardship resulting
directly or indirectly from the COVID-19 public health emergency, regardless of an existing
delinquency or a future inability to make rental payments established prior to the start of the
COVID-19 public health emergency; and
(2) Agrees in writing to make payments in accordance with the payment plan.
(e)(1) A provider who receives an application for a payment plan shall retain the
application, whether approved or denied, for at least 3 years.
(2) Upon request of the tenant, a provider shall make an application for a payment
plan available to:
(A) For residential tenants, the Rent Administrator and the Office of the
Tenant Advocate; and
(B) For commercial tenants, the Department of Licensing and Consumer
Protection.
(f)(1) A residential tenant whose application for a payment plan is denied may file a
written complaint with the Rent Administrator. The Rent Administrator shall forward the
complaint to the Office of Administrative Hearings for adjudication.
(2) A commercial tenant whose application for a payment plan is denied may file
a written complaint with the Department of Licensing and Consumer Protection.
(g) Tenant payment plans may not contain any waiver of the tenant's rights under the
tenant's lease or District of Columbia law. A tenant entering into a tenant payment plan retains
the right to contest the amount of rent due unless this is agreed to in writing by both parties.
(h) During the program period, unless the provider has offered a rent payment plan
pursuant to this section and approved a rent payment plan pursuant to subsection (d) of this
section, that provider shall be prohibited from filing any collection lawsuit or eviction for
nonpayment of rent; provided, that the tenant does not default on the terms of the payment plan.
(i) For the purposes of this act, the term:
(1) "COVID-19 public health emergency" means the emergencies declared in the
Declaration of Public Emergency (Mayor's Order 2020-045), together with the Declaration of
Public Health Emergency (Mayor's Order 2020-046), both declared on March 11, 2020,
including any extension of those declared emergencies.
(2) “Eligible tenant” means a tenant that:
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(A) Has notified a provider of an inability to pay all or a portion of the rent
due as a result of the COVID-19 public health emergency;
(B) Is not a franchisee unless the franchise is owned by a District resident;
and
(C) Has leased from a provider:
(i) A residential property;
(ii) Commercial retail space; or
(iii) Commercial space that is less than 6,500 square feet in size
and that comprises all or part of a commercial building.
(3) ''Housing provider" means a person or entity who is a residential landlord,
residential owner, residential lessor, residential sublessor, residential assignee, or the agent of
any of the foregoing or any other person receiving or entitled to receive the rents or benefits for
the use or occupancy of any residential rental unit within a housing accommodation within the
District.
(4) "Non-housing provider" means a person or entity who is a non-residential
landlord, non-residential owner, non-residential lessor, non-residential sublessor, non-residential
assignee, a non-residential agent of a landlord, owner, lessor, sublessor, or assignee, or any other
person receiving or entitled to receive rents or benefits for the use or occupancy of a commercial
unit.
(5) "Provider" means a housing provider or a non-housing provider.
Sec. 3. Applicability.
This act shall apply as of December 28, 2022.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
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24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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