February 3, 2025 Nyasha Smith, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue NW Washington, DC 20004 Dear Secretary Smith, Today, I the Improving Tenant Access to Water Bills Amendment Act of 2025. Please find enclosed a signed copy of the legislation, which is co introduced by Councilmember Frumin. My office regularly assists District residents whose water service has been shut off due to nonpayment—even in circumstances where those very residents are either tenants who are not responsible for paying the bills or individuals who are eligible for utility assistance programs. Residential tenants are particularly vulnerable to service disconnection because in many cases, they are not the D.C. Water account holder—the property owner is. Black households are disproportionately likely to be renters, and shortcomings in our utility assistance programs fall hardest on them. A particularly frustrating pattern my office has observed is that many low-income residents cannot reestablish service once they are disconnected because they are ineligible to enroll in utility assistance programs without first paying down their outstanding bill. Moreover, our water assistance programs—like other assistance programs—are chronically under- enrolled. As few as ten percent of eligible households participate in water assistance programs. The Improving Tenant Access to Water Bills Amendment of 2025 ensures residential tenants can access their water bill and utility payment programs that are intended to prevent low- income residents from service interruptions. Making it easier for tenants to enroll in these programs is a win-win because D.C. Water is the ultimate recipient of any water assistance that a District resident receives. 2 Please contact my Deputy Chief of Staff , Conor Shaw, at cshaw@dccouncil.gov if you have any questions about this legislation. Sincerely, Zachary Parker Ward 5 Councilmember Chair, Committee on Youth Affairs 1 _____________________________ _____________________________ 2 Councilmember M atthew Frumin Councilmember Zachary Parker 3 4 5 A BILL 6 7 _________________________ 8 9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10 11 _________________________ 12 13 14 To amend the District of Columbia Public Works Act of 1954 and the Water and Sewer 15 Authority Establishment and Department of Public Works Reorganization Act of 1996 to 16 ensure authorized tenants of residential properties are able to receive utility payment 17 assistance and to prevent water service from being disconnected from residential 18 properties for nonpayment. 19 20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21 act may be cited as the “Improving Tenant Access to Water Bill s Amendment Act of 2025”. 22 23 Sec. 2. Section 101 of the District of Columbia Public Works Act of 1954, approved May 24 18, 1954 ( 68 Stat. 102; D.C. Official Code § 34–2303) , is amended to read as follows: 25 “(a) If an owner of a residential property, their agent, or a third party service is billed 26 directly by the District of Columbia Water and Sewer Authority (“DC Water”) for water and 27 sanitary sewer services provided to the residential property, an authorized tenant who resides at 28 the service address may request and receive a copy of the water and sanitary sewer services if the 29 person is an authorized tenant. 30 “(b) Any payment made by a tenant of residential property pursuant to subsection (a) of 31 this section shall be deemed in lieu of an equal amount of rent and shall be deducted, by the 32 landlord, from any rent due and owing or to become due and owing to the owner, agent, lessor, 33 or manager of the residential property. 34 2 “(c) An authorized tenant that is eligible for a payment plan or any customer assistance 35 programs may apply for both the plan or any applicable programs and may receive assistance 36 from the People’s Counsel. 37 “(d) Nothing in this section shall prevent the Mayor from pursuing any other appropriate 38 action or remedy at law or equity against an owner, agent, lessor, manager, or tenant of a 39 residential property, including that DC Water shall retain the right to lien the account property in 40 accordance with provision for DC Code §34- 2407.02 et seq . 41 “(e) DC Water shall not be responsible for the fraudulent acts or acts of omission 42 associated with deeming a person an authorized tenant, and the DC Water shall incur no liability 43 associated deeming the tenant an authorized tenant. 44 “(f) For the purposes of this section, the term: 45 “(1) “Authorized tenant” is a person who has provided acceptable evidence of 46 occupancy in accordance with rules issued pursuant to § 34- 2306. 47 “(2) “Residential property” means a property that contains an ambulatory car e 48 facility, group home, sleeping unit, dwelling unit, housing unit, custodial care facility, or foster 49 care facility as those terms are defined in Section 202 of the Building Code Supplement of 2017 50 (12A D.C.M.R § 202 (2021)).” 51 Sec. 3. Fiscal impact statement. 52 The Council adopts the fiscal impact statement in the committee report as the fiscal 53 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 54 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 55 Sec. 4. Effective date. 56 This act shall take effect after approval by the Mayor (or in the event of veto by the 57 3 Mayor, action by the Council to override the veto), a 30- day period of congressional review as 58 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 59 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 60 Columbia Register. 61