District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0070 Latest Draft

Bill / Introduced Version Filed 01/22/2025

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