District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0547 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5	1
6	2		1
7	3
8		-	A RESOLUTION
9		-
10		-	25-365
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	December 5, 2023
15		-
16		-	To declare the existence of an emergency, due to congressional review, with respect to the need
17		-	to continue existing requirements for providers of commercial or residential rental
18		-	property to abide by agreed upon rent payment plans with eligible tenants.
19		-
20		-	RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution
21		-	may be cited as the “Tenant Payment Plan Phasing Continuation Congressional Review
22		-	Emergency Declaration Resolution of 2023”.
23		-
24		-	Sec. 2. (a) During the COVID-19 pandemic, the Council created protections and
25		-	procedural changes to address the widespread ramifications of the public health emergency and
26		-	its aftermath. The District removed the initial COVID-19 public health emergency in July
27		-	2021. The Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021
28		-	(D.C. Law 24-9; 68 DCR 4824) (“Temporary Act”), which contained many of the longer-term
29		-	protective measures, expired on February 4, 2022.
30		-	(b) For commercial and residential tenants, provisions in the Temporary Act provided
31		-	that their rental provider were required to offer a rent payment plan for eligible tenants
32		-	between March 11, 2020, and July 25, 2022. The payment plans had to have a minimum term
33		-	length of one year, unless otherwise agreed upon by the tenant and provider, during which time
34		-	providers could not report to credit reporting agencies as delinquent any payments made under
35		-	an agreed upon plan. The Temporary Act also required providers to retain tenant payment plan
36		-	applications for at least 3 years.
37		-	(c) The Council passed two rounds of emergency and temporary legislation to ensure
38		-	continuity in the law for tenants whose payment plans are not yet complete and to uphold the
39		-	requirement that providers retain payment plan application records for at least 3 years.
40		-	(d) On September 19, 2023, the Council adopted a third round of emergency legislation,
41		-	the Tenant Payment Plan Phasing Continuation Emergency Act of 2023 (“Act 25-239”). Act 25-
42		-	239 became law on October 11, 2023 and expires on January 9, 2024.
43		-	(e) On October 3, 2023, the Council adopted a corresponding third round of temporary
44		-	legislation, the Tenant Payment Plan Phasing Continuation Emergency Act of 2023. The
45		-	temporary measure was enacted without the Mayor’s signature on October 26, 2023 and was
46		-	transmitted to Congress on November 6, 2023 (“temporary measure”).
47		-
48		-	ENROLLED ORIGINAL
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50		-
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	4	+	_______________________________ 1
	5	+	Councilmember Robert C. White, Jr. 2
	6	+	3
	7	+	4
	8	+	5
	9	+	A PROPOSED RESOLUTION 6
	10	+	__________ 7
	11	+	8
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	13	+	____________________ 10
	14	+	11
	15	+	To declare the existence of an emergency, due to congressional review, with respect to the need 12
	16	+	to continue existing requirements for providers of commercial or residential rental 13
	17	+	property to abide by agreed upon rent payment plans with eligible tenants. 14
	18	+	15
	19	+	RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 16
	20	+	may be cited as the “Tenant Payment Plan Phasing Continuation Congressional Review 17
	21	+	Emergency Declaration Resolution of 2023”. 18
	22	+	Sec. 2. (a) During the COVID-19 pandemic, the Council created protections and 19
	23	+	procedural changes to address the widespread ramifications of the public health emergency and 20
	24	+	its aftermath. The District removed the initial COVID-19 public health emergency in July 21
	25	+	2021. The Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 22
	26	+	(D.C. Law 24- 9; 68 DCR 4824) (“Temporary Act”), which contained many of the longer-term 23
	27	+	protective measures, expired on February 4, 2022. 24
	28	+	(b) For commercial and residential tenants, provisions in the Temporary Act provided 25
	29	+	that their rental provider were required to offer a rent payment plan for eligible tenants 26
	30	+	between March 11, 2020, and July 25, 2022. The payment plans had to have a minimum term 27
	31	+	length of one year, unless otherwise agreed upon by the tenant and provider, during which time 28
	32	+	providers could not report to credit reporting agencies as delinquent any payments made under 29
53	33		2
54	34
55		-	(f) This temporary measure is not projected to become law until January 17, 2024. This
56		-	identical emergency legislation is necessary to prevent a gap in the law between the expiration of
57		-	the emergency act and the effective date of the temporary measure.
58		-
59		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
60		-	emergency circumstances making it necessary that the Tenant Payment Plan Phasing
61		-	Continuation Congressional Review Emergency Act of 2023 must be adopted after a single
62		-	reading.
63		-
64		-	Sec. 4. This resolution shall take effect immediately.
	35	+	an agreed upon plan. The Temporary Act also required providers to retain tenant payment plan 30
	36	+	applications for at least 3 years. 31
	37	+	(c) The Council passed two rounds of emergency and temporary legislation to ensure 32
	38	+	continuity in the law for tenants whose payment plans are not yet complete and to uphold the 33
	39	+	requirement that providers retain payment plan application records for at least 3 years. 34
	40	+	(d) On September 19, 2023, the Council adopted a third round of emergency legislation 35
	41	+	called the “ Tenant Payment Plan Phasing Continuation Emergency Act of 2023” . The Act 36
	42	+	became law on October 11, 2023 and expires on January 9, 2024. 37
	43	+	(e) On October 3, 2023, the Council adopted a corresponding third round of temporary 38
	44	+	legislation called the “Tenant Payment Plan Phasing Continuation Emergency Act of 2023”. The 39
	45	+	temporary measure was enacted without the Mayor’s signature on October 26, 2023 and was 40
	46	+	transmitted to Congress on November 6, 2023. 41
	47	+	(f) This measure is not projected to become law until January 17, 2024. This identical 42
	48	+	emergency legislation is therefore necessary to prevent a gap in the law between the expiration 43
	49	+	of the emergency act and the effective date of the temporary act. 44
	50	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 45
	51	+	enumerated in section 2 constitute emergency circumstances making it necessary that the Tenant 46
	52	+	Payment Plan Phasing Continuation Congressional Review Emergency Act of 2023 must be 47
	53	+	adopted after a single reading. 48
	54	+	Sec. 4. This resolution shall take effect immediately. 49