1
1
Chairman Phil Mendelson 2
3
4
5
6
7
A BILL 8
9
10
11
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
13
14
15
To amend, on an emergency basis due to congressional review, Chapter 39 of Title 28 of the 16
District of Columbia Official Code to clarify that the District government is not a 17
merchant under the District’s consumer protection law, except with respect to the 18
application of that chapter’s landlord-tenant relations provisions to the District of 19
Columbia Housing Authority. 20
21
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
act may be cited as the “Consumer Protection Clarification Congressional Review Emergency 23
Amendment Act of 2025”. 24
Sec. 2. Section 28-3901 of the District of Columbia Official Code is amended as follows: 25
(a) Subsection (a)(3) is amended to read as follows: 26
“(3)(A) “merchant” means a person, whether organized or operating for 27
profit or for a nonprofit purpose, who in the ordinary course of business does or would sell, lease 28
(to), or transfer, either directly or indirectly, consumer goods or services, or a person who in the 29
ordinary course of business does or would supply the goods or services which are or would be 30
the subject matter of a trade practice. 31 2
“(B) Except as provided in subsection (e) of this section, 32
“merchant” shall not include the District of Columbia, its agencies or instrumentalities, or any 33
employee thereof acting within the scope of the employee’s official duties;”. 34
(b) Subsection (e) is amended to read as follows: 35
“(e) Notwithstanding any other provision of this chapter, this chapter’s application to 36
landlord-tenant relations shall include the District of Columbia Housing Authority’s activities as 37
a landlord; provided, that this chapter shall not be construed to otherwise apply to the District of 38
Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of 39
the employee’s official duties.”. 40
Sec. 3. Applicability. 41
(a) Section 2(a) shall apply as of June 12, 2007. 42
(b) Section 2(b) shall apply as of November 3, 2022. 43
Sec. 4. Fiscal impact statement. 44
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 45
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 46
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 47
Sec. 5. Effective date. 48
This act shall take effect following approval by the Mayor (or in the event of veto by the 49
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 50
90 days, as provided for emergency acts of the Council of the District of Columbia in section 51
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 52
D.C. Official Code § 1-204.12(a)). 53