District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0070 Compare Versions

Only one version of the bill is available at this time.

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6	6	Chairman Phil Mendelson Councilmember Matthew Frumin 4
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10	10	Councilmember Brianne K. Nadeau Councilmember Charles Allen 8
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14	14	Councilmember Anita Bonds Councilmember Christina Henderson 12
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19	19	Councilmember Janeese Lewis George Councilmember Zachary Parker 17
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23	23	Councilmember Brooke Pinto 21
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26	26	A BILL 24
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28	28	_________ 26
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31	31	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 29
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33	33	__________________ 31
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35	35	33 To amend the Rental Housing Act of 1985 to remove the exemption from the Rent Stabilization 34
36	36	Program for units rented to tenants using a tenant-based subsidy, to prohibit the 35
37	37	administrator of any tenant-based subsidy from paying an increased rent without 36
38	38	receiving proper notice that the increase is compliant with the Rent Stabilization 37
39	39	Program, to prohibit agreements to waive the requirements of the Rent Stabilization 38
40	40	Program, to empower the subsidy administrator to challenge any inappropriate rent and to 39
41	41	prohibit it from denying any reasonable rent increase, and to provide for reasonable 40
42	42	increases to unit rent after a tenant voluntarily vacates the unit. 41
43	43	42
44	44	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 43
45	45	act may be cited as the “Rent Stabilization Protection Amendment Act of 2025”. 44 2
46	46
47	47	Sec. 2. The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6- 10; D.C. 45
48	48	Official Code § 42- 3502.05 et seq. ), is amended as follows: 46
49	49	(a) Section 103 (D.C. Official Code § 42- 3501.03) is amended as follows: 47
50	50	(1) Paragraph (29B) is amended by striking the phrase “title II of this act” and 48
51	51	inserting the phrase “sections 205(g) through (h), 206 through 216, and 224 of this act” in its 49
52	52	place. 50
53	53	(2) A new paragraph (33B) is added to read as follows: 51
54	54	“(33B) “Subsidy administrator” means a federal or District agency or instrumentality or 52
55	55	other organization that makes rent payments to a housing provider as part of a tenant-based 53
56	56	subsidy program.” 54
57	57	(3) A new paragraph (36B) is added to read as follows: 55
58	58	“(36B) “Tenant-based subsidy program” means a federally or District-funded program 56
59	59	through which money is paid by a subsidy administrator to a housing provider as partial or total 57
60	60	rent, including the Housing Choice Voucher Program , the Local Rent Supplement Program, the 58
61	61	Family Re-housing Stabilization Program.” 59
62	62	(b) Section 205 (D.C. Official Code § 42- 3502.05) is amended as follows: 60
63	63	(1) Section 205(a)(1) is amended to read as follows: 61
64	64	“(a) Except as provided in subsection (e) of this section, the Rent Stabilization Program 62
65	65	shall apply to each rental unit in the District; provided, that the following rental units shall be, 63
66	66	upon proper registration with the Rent Administrator in accordance with subsection (f) of this 64
67	67	section, exempt from the requirements of the Rent Stabilization Program: 65
68	68	“(1)(A) Any rental unit: 66
69	69	“(i) In a federally- or District- owned housing accommodation; 67 3
70	70
71	71	“(ii) In any housing accommodation with respect to which the 68
72	72	mortgage or rent is federally- or District- subsidized, if that subsidy is conditioned on the housing 69
73	73	provider limiting the rent for the subject rental unit and is not made pursuant to title III of this 70
74	74	Act, except as provided in subparagraph (B) of this paragraph; or , 71
75	75	“(iii) That is rented or co -leased by a home and community- based 72
76	76	services waiver provider and is occupied by a tenant with a disability as defined in section 73
77	77	103(29A) . 74
78	78	“(B)(i) The exemption provided by s ubparagraph (A)(ii) shall not include 75
79	79	a rental unit leased to and occupied by a tenant participating in a tenant-based subsidy program 76
80	80	under a lease commencing or renewed on or after October 1, 2026. If a rental unit leased to and 77
81	81	occupied by a tenant participating in a tenant-based subsidy program is under a month- to-month 78
82	82	lease, the exemption provided by subparagraph (A)(ii) shall not apply after April 1, 2027. 79
83	83	“(ii) For a rental unit subject to the Rent Stabilization Program 80
84	84	pursuant to subparagraph (B)(i ): 81
85	85	“(I) Neither the tenant nor the subsidy administrator shall 82
86	86	sign a voluntary agreement pursuant to section 215; 83
87	87	“(II) Section 224 shall not apply to such tenants; and, 84
88	88	“(III) Both the tenant and the subsidy administrator shall 85
89	89	have standing to challenge any rent adjustment pursuant to section 216 and to obtain relief in 86
90	90	accordance with section 901. 87
91	91	“(iii) For any rental unit for which the exemption previously 88
92	92	provided by this paragraph terminates pursuant to subparagraph (B)(i), the allowable rent 89 4
93	93
94	94	charged pursuant to the Rent Stabilization Program shall be computed in accordance with 90
95	95	section 209. 91
96	96	(c) A new section 205(g)(3) is added to read as follows: 92
97	97	“(3) For a rental unit subject to the Rent Stabilization Program pursuant to section 93
98	98	205(a)(1)(B), a housing provider shall serve on the subsidy administrator a cop y of any notice 94
99	99	required by paragraph (1) of this subection. 95
100	100	(d) A new section 205(j) is added to read as follows: 96
101	101	“(j) A subsidy administrator shall make a payment to a housing provider only after 97
102	102	receiving a copy of the notice required to be served on the tenant required by the Rent 98
103	103	Stabilization Program. The total rent paid to the housing provider may not exceed the amount 99
104	104	lawfully computed under the Rent Stabilization Program and timely filed with the Rent 100
105	105	Administrator. 101
106	106	“ (1) Each subsidy administrator shall annually send to the Rent Administrator a 102
107	107	list of units that it is subsidizing that are subject to the Rent Stabilization Program and the rent 103
108	108	paid for each unit. 104
109	109	“(2) For so long as a tenant participating in a tenant-based subsidy program 105
110	110	occupies a rental unit subject to the Rent Stabilization Program, the subsidy administrator shall 106
111	111	take care and exercise all available legal remedies to ensure that any rent adjustment for the 107
112	112	rental unit complies with the Rent Stabilization Program. 108
113	113	“(3) The subsidy administrator shall not deny a request for annual increase that is 109
114	114	in compliance with the Rent Stabilization Program unless the proposed rent would: 110
115	115	“(i) be unreasonable pursuant to federal regulations governing the housing 111
116	116	assistance payment and rent (at 24 C.F.R. § 982.507 or its successor) ; or, 112 5
117	117
118	118	“(ii) deviate from any other federal or District law or regulation setting or 113
119	119	approving rent levels for subsidized tenancies. 114
120	120	“(4) Nothing in this Title is intended to allow a tenant who is part of a tenant -115
121	121	based subsidy program to be treated differently from any other tenant in violation of the D.C. 116
122	122	Human Rights Act.” 117
123	123	(e) Section 206(e) (D.C. Official Code § 42–3502.06(e)) is amended to read as follows: 118
124	124	“(e) “For a rental unit subject to the Rent Stabilization Program pursuant to Subparagraph 119
125	125	205(a)(1)(B), a petition under section 216(a) shall always be timely. For any other rental unit, no 120
126	126	tenant may file a petition with respect to any rent adjustment, under any section of this chapter, 121
127	127	more than 3 years after the effective date of the adjustment. 122
128	128	(f) Section 216 (D.C. Official Code § 42–3502.16) is amended by striking the word 123
129	129	“tenant” wherever it appears and inserting the phrase “subsidy administrator, if one exists for the 124
130	130	unit, or tenant of the unit”. 125
131	131	(g) Section 209(a)(1)(A) (D.C. Official Code § 42–3502.09(a)(1)(A)) is amended to read 126
132	132	as follows: 127
133	133	“(A)(i) If the unit is not vacant when the exemption terminates or expires: 128
134	134	“(I) The sum of the rent charged on the date the unit 129
135	135	became exempt and each subsequent adjustment of general applicability authorized pursuant to 130
136	136	subsection 206(b); or 131
137	137	“(II) If the unit was exempt pursuant to section 205(a)(1) 132
138	138	for more than 12 years, the sum of the rent charged on the date the unit became exempt and 133
139	139	101.5% of each subsequent adjustment of general applicability authorized pursuant to section 134
140	140	206(b); 135 6
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142	142	“(ii) If the unit is vacant when the exemption terminates or expires: 136
143	143	“(I) 110% of the sum authorized under sub- subparagraph 137
144	144	(i) of this subparagraph, if the previous tenant occupied the unit for 12 years or less; or 138
145	145	“(II) 120% of the sum authorized under sub-subparagraph 139
146	146	(i) of this subparagraph, if the previous tenant occupied the unit for more than 12 years.” 140
147	147	Sec. 3. Fiscal impact statement. 141
148	148	The Council adopts the fiscal impact statement in the committee report as the fiscal 142
149	149	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 143
150	150	approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1- 301.47a). 144
151	151	Sec. 4. Effective date. 145
152	152	This act shall take effect following approval by the Mayor (or in the event of veto by the 146
153	153	Mayor, action by the Council overriding the veto) and a 30- day period of congressional review 147
154	154	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 148
155	155	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 149