1 ______________________________ ______________________________
2 Chairman Phil Mendelson Councilmember Robert C. White, Jr.
5 ______________________________ ______________________________
6 Councilmember Kenyan R. McDuffie Councilmember Mary M. Cheh
9 ______________________________ ______________________________
10 Councilmember Elissa Silverman Councilmember Anita Bonds
13 ______________________________ ______________________________
14 Councilmember Charles Allen Councilmember Brianne K. Nadeau
17 ______________________________ ______________________________
18 Councilmember Trayon White, Sr. Councilmember Vincent C. Gray
21 ______________________________ ______________________________
22 Councilmember Christina Henderson Councilmember Brook Pinto
26 Councilmember Janeese Lewis George
33 A BILL
37 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
42 To amend Chapter 38 of Title 28 of the District of Columbia Official Code to require credit
43 reporting agencies to accept a personal statement from a consumer indicating the
44 consumer experienced financial hardship resulting from a public health emergency; to
45 prohibit users of credit reports from taking into consideration adverse information in a
46 report that was the result of the consumers action or inaction that occurred during the
47 public health emergency; to require credit reporting agencies to notify residents of the
48 right to request a personal statement; and to provide for civil action for violations of this
51 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
52 act may be cited as the Public Health Emergency Credit Alert Amendment Act of 2021.
53 Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows:
54 (a) The table of contents for Chapter 38 is amended by adding a new subchapter
55 designation to read as follows:
56 Subchapter IV. Public Health Emergency Credit Alert.
57 28-3871. Public health emergency credit alert.
58 (b) A new section 28-3871 is added to read as follows:
59 28-3871. COVID-19 Emergency credit alert.
60 (a)(1) If a consumer reports in good faith that the consumer has experienced financial
61 hardship resulting directly or indirectly from a public health emergency declared pursuant to
62 section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002
63 (D.C. Law 14-194; D.C. Official Code 7-2304.01), a credit reporting agency maintaining a file
64 on the consumer shall accept and include in that file a personal statement furnished by the
65 consumer indicating that the consumer has been financially impacted by the public health
67 (2) A credit reporting agency shall provide that personal statement along with
68 any credit report provided by the agency, beginning on the date the credit reporting agency
69 receives the personal statement, unless the consumer requests that the personal statement be
71 (b) This section shall not apply to a federal credit union, as defined by 12 U.S.C.
72 1752(1), a national bank, as defined by 12 U.S.C. 25b(a)(1), or a federal savings association, as
73 defined by 12 U.S.C. 1462(3); except, that an exception granted by this subsection shall not
74 apply to any entity to which the savings clause at 12 U.S.C. 25b(b)(2) applies.
75 (c)(1) No user of a credit report shall consider adverse information in a report that was
76 the result of an action or inaction of a consumer that occurred during, and was directly or
77 indirectly the result of, a public health emergency declared pursuant to section 5a of the District
78 of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C.
79 Official Code 7-2304.01), if the credit report includes a personal statement pursuant to
80 subsection (a) of this section, or if the consumer provides a written statement to the user of a
81 credit report that indicates in good faith that the consumer has experienced financial hardship
82 resulting directly or indirectly from the public health emergency declared pursuant to section 5a
83 of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C.
84 Law 14-194; D.C. Official Code 7-2304.01), before the user of the credit report makes a
86 (2) If the consumer receives a denial or rejection by the user of a credit report
87 due to information that occurred during the public health emergency declared pursuant to section
88 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C.
89 Law 14-194; D.C. Official Code 7-2304.01), the user must inform the consumer of their right
90 to file a written statement pursuant to paragraph (1) of this subsection.
91 (d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C.
92 1681j, the entity providing the credit report must notify the resident of the right to request a
93 personal statement to accompany the credit report.
94 (e) If a credit reporting agency violates this section, the affected consumer may bring a
95 civil action consistent with 15 U.S.C. 1681n.
96 (f)(1) The Attorney General may petition the Superior Court of the District of Columbia
97 for temporary or permanent injunctive relief for, and for an award of damages for property loss
98 or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or
99 deceptive conduct in violation of this section that harms a District resident.
100 (2) In an action under this section, the Attorney General may recover:
101 (A) A civil penalty not to exceed $1,000 for each violation; and
102 (B) Reasonable attorneys fees and costs of the action.
103 (g) The following terms shall have the same meaning as defined in 28-3861:
104 (1) Consumer;
105 (2) Credit reporting agency.
106 (h) Credit report shall have the same meaning as a consumer report as defined in the
107 Fair Credit Reporting Act, 15 USC 1681a(d).
108 (i) This section shall not be construed in a manner inconsistent with the Fair Credit
109 Reporting Act, (15 U.S.C. 1681 et seq.), or any other federal law or regulation.
110 Sec. 3. Fiscal impact.
111 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
112 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
113 October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
114 Sec. 4. Effective date.
115 This act shall take effect following approval by the Mayor (or in the event of veto by the
116 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
117 provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December
118 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
119 Columbia Register.