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Councilmember Robert C. White, Jr. 2
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A PROPOSED RESOLUTION 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
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To declare the existence of an emergency, due to congressional review, with respect to the need 12
to continue existing requirements for providers of commercial or residential rental 13
property to abide by agreed upon rent payment plans with eligible tenants. 14
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RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 16
may be cited as the “Tenant Payment Plan Phasing Continuation Congressional Review 17
Emergency Declaration Resolution of 2023”. 18
Sec. 2. (a) During the COVID-19 pandemic, the Council created protections and 19
procedural changes to address the widespread ramifications of the public health emergency and 20
its aftermath. The District removed the initial COVID-19 public health emergency in July 21
2021. The Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 22
(D.C. Law 24- 9; 68 DCR 4824) (“Temporary Act”), which contained many of the longer-term 23
protective measures, expired on February 4, 2022. 24
(b) For commercial and residential tenants, provisions in the Temporary Act provided 25
that their rental provider were required to offer a rent payment plan for eligible tenants 26
between March 11, 2020, and July 25, 2022. The payment plans had to have a minimum term 27
length of one year, unless otherwise agreed upon by the tenant and provider, during which time 28
providers could not report to credit reporting agencies as delinquent any payments made under 29
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an agreed upon plan. The Temporary Act also required providers to retain tenant payment plan 30
applications for at least 3 years. 31
(c) The Council passed two rounds of emergency and temporary legislation to ensure 32
continuity in the law for tenants whose payment plans are not yet complete and to uphold the 33
requirement that providers retain payment plan application records for at least 3 years. 34
(d) On September 19, 2023, the Council adopted a third round of emergency legislation 35
called the “ Tenant Payment Plan Phasing Continuation Emergency Act of 2023” . The Act 36
became law on October 11, 2023 and expires on January 9, 2024. 37
(e) On October 3, 2023, the Council adopted a corresponding third round of temporary 38
legislation called the “Tenant Payment Plan Phasing Continuation Emergency Act of 2023”. The 39
temporary measure was enacted without the Mayor’s signature on October 26, 2023 and was 40
transmitted to Congress on November 6, 2023. 41
(f) This measure is not projected to become law until January 17, 2024. This identical 42
emergency legislation is therefore necessary to prevent a gap in the law between the expiration 43
of the emergency act and the effective date of the temporary act. 44
Sec. 3. The Council of the District of Columbia determines that the circumstances 45
enumerated in section 2 constitute emergency circumstances making it necessary that the Tenant 46
Payment Plan Phasing Continuation Congressional Review Emergency Act of 2023 must be 47
adopted after a single reading. 48
Sec. 4. This resolution shall take effect immediately. 49