ENGROSSED ORIGINAL
1 A BILL
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3 25-1042
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 ______________
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9 To amend, on a temporary basis, Chapter 39 of Title 28 of the District of Columbia Official
10 Code to clarify that the District government is not a merchant under the District’s
11 consumer protection law, except with respect to the application of that Chapter’s
12 landlord-tenant relations provisions to the District of Columbia Housing Authority.
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14 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
15 act may be cited as the “Consumer Protection Clarification Temporary Amendment Act of
16 2024”.
17 Sec. 2. Section 28-3901 of the District of Columbia Official Code is amended as follows:
18 (a) Subsection (a)(3) is amended to read as follows:
19 “(3)(A) “merchant” means a person, whether organized or operating for profit or
20 for a nonprofit purpose, who in the ordinary course of business does or would sell, lease (to), or
21 transfer, either directly or indirectly, consumer goods or services, or a person who in the ordinary
22 course of business does or would supply the goods or services which are or would be the subject
23 matter of a trade practice.
24 “(B) Except as provided in subsection (e) of this section, “merchant” shall not
25 include the District of Columbia, its agencies or instrumentalities, or any employee thereof
26 acting within the scope of the employee’s official duties;”
27 (b) Subsection (e) is amended to read as follows:
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28 “(e) Notwithstanding any other provision of this chapter, this chapter’s application to
29 landlord-tenant relations shall include the District of Columbia Housing Authority’s activities as
30 a landlord; provided, that this chapter shall not be construed to otherwise apply to the District of
31 Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of
32 the employee’s official duties.”.
33 Sec. 3. Applicability.
34 (a) Section 2(a) of this act shall apply as of June 12, 2007.
35 (b) Section 2(b) of this act shall apply as of November 3, 2022.
36 Sec. 4. Fiscal impact.
37 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
38 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
39 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
40 Sec. 5. Effective Date.
41 (a) This act shall take effect following approval by the Mayor (or in the event of veto by
42 the Mayor, action by the Council to override the veto) and a 30-day period of congressional
43 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
44 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
45 (b) This act shall expire after 225 days of its having taken effect.
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