updated: 05/20/2016 - washington, d.c. · updated: 05/20/2016 1 d.c. office of the tenant advocate...

Updated: 05/20/2016

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D.C. OFFICE OF THE TENANT ADVOCATE

D.C. COUNCIL PERIOD 21TENANT RIGHTS AND RENTAL HOUSING-RELATED LEGISLATION

Below is a tracking chart for tenant rights and rental-housing related legislation introduced during the two–year period of the D.C. Council(Period 21) that began on January 1, 2015, and will end on December 31, 2016.

This tracking chart also includes links to the full text of the bill as introduced, if it is available on the D.C. Council’s website(http://dccouncil.us/).

For periodic updates, visit ota.dc.gov and click the “Services” tab; then the “Policy Advocacy” link; then “Legislative Tracking Charts andWeblinks”; then “Weblinks DC Council Period 21.” To learn more about the legislative process, go to “How a bill becomes a law” under the“Policy Advocacy” tab.

Organization of the DC Council for Period 21Committee: Committee Chairperson / other Committee members

COW = Committee of the Whole: Mendelson / all other CouncilmembersBSCA = Business Consumer and Regulatory Affairs: Orange / Allen, Nadeau, Silverman, ToddHCD = Housing and Community Development: Bonds / Nadeau, Orange, Silverman, MayHHS = Health and Human Services: Alexander / Cheh, Grosso, Nadeau , MayJ = Judiciary: McDuffie / Bonds, Cheh, Evans, Bonds, MayE = Education: Grosso / Alexander, Allen, Bonds, ToddFR = Finance and Revenue: Evans / Grosso, McDuffie, Orange, SilvermanTE = Transportation and the Environment: Cheh / Allen, Evans, McDuffie, Todd

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This list is periodically updated to include introductions of legislation of interest to the tenant community, and the progress of these billsthrough the legislative process. If you have any questions or concerns about any rental housing legislation or rulemaking, please contactthe OTA’s Legislative Director Joel Cohn at (202) 719-6568 or at [email protected].

Bill #/referral

Name Introducedby/date

Summary Hearingdate/votes

Act#/Law#Effective &Expirationdates

Link to full bill asintroduced

B21-0054

HCD

AdequateNotice ofAffordabilityExpirationAmendmentAct of 2015

Orange,Bonds2/3/15

This bill amends the HousingFinance Agency establishmentact to provide safe and sanitaryhousing within the financialmeans of families and personsof low and moderate incomes.

Hearing:5/21/15

http://lims.dccouncil.us/Download/33323/B21-0054-Introduction.pdf

B21-0069

BSCA

ConstructionCodesHarmonization AmendmentAct of 2015

Mendelson atthe request ofthe Mayor02/09/15

This bill amends the District'sconstruction laws to provide forthe installation of fire escapesand carbon monoxidedetectors, and authorizes theMayor to adopt fire safetystandards and impose variousfees or tax liens to regain fundsdisbursed while repairingunsafe structures that are not

UnderCongressionalReview

A21-0355L21-0118Effectivefrom May18, 2016


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owned by the District. The billalso provides for thecondemnation and removal ofstructures or portion ofstructures, and authorizes theMayor to take action withoutnotice to the owner of thebuilding if immediate danger ispresent.

B21-0119

HCD

Rent ControlHousingClearinghouseAmendmentAct of 2015

Bonds, Cheh,Evans,Grosso,Nadeau,Silverman,McDuffie,Orange, Allen,Alexander,Mendelson3/3/15

This bill amends the RentalHousing Act of 1985 to requirethe establishment astreamlined, online portal forthe filing of the many formsrequired of providers of housingaccommodations subject to rentcontrol, via a searchable, real-time, online database of allrental housing accommodationssubject to the Rental HousingAct of 1985, and to includewithin the database, a portalwith a user-friendly interfacethat provides informationrelevant to tenants seeking andliving in rent controlaccommodations.

Hearing:3/31/15

Substantiallyincorporatedinto Bill 21-0158, the FY2016 BudgetSupport Actof 2015 (asapproved byHCD)


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B21-0121

HCD

AffordableHousing Actof 2015

Orange,Bonds3/3/15

This bill provides for a ten yearplan to allocate $100,000,000annually to increase andimprove affordable housingthrough the issuance of revenuebonds. The bonds are to beallocated for senior housing, lowincome housing, and housing forthe homeless. The bonds shallbe secured and payable frommonies deposited in the Lotteryand Charitable Game Fund. Allproceeds from the issuance ofthe bonds shall be transferred tothe Department of Housing andCommunity Development tofinance the renovation,reconstruction, ormodernization of affordablehousing facilities or capitalimprovements of affordablehousing facilities.

Hearing:3/3/15


B21-0146

HCD

Rent ControlHardshipPetitionLimitationAmendmentAct of 2015

Bonds,Silverman,Nadeau, Cheh3/17/15

This bill limits the amount of ahardship petition conditionalrent increase to 5% of the rentcharged, and to require that arent adjustment be repaid by ahousing provider to a tenantwithin 21 days of a conditional

Hearing:5/26/15


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increase being amendedB21-0147

HCD

TOPA BonaFide Offer ofSaleClarificationAmendmentAct of 2015

Bonds, Cheh,Nadeau,Silverman,Allen, Evans,Mendelson3/17/15

This bill requires the owner of ahousing accommodation thatattempts to sell a property,issue a notice of intent torecover possession, or a noticeto vacate for purposes ofdemolition or discontinuance ofhousing use, shall give thetenant an opportunity topurchase the accommodation ata price and terms that representa bona fide offer for sale; permita tenant may challenge the offerpresented by an owner as beingunfair, and request adetermination of the appraisedvalue of the housingaccommodation, which shall bebinding on both the owner andthe tenant; require that only aduly registered tenantorganization may exercise aright to challenge an offer andimplement the process ofobtaining an appraisal.

Hearing:5/26/15

A21-0228L21-0063Effectivefrom Feb26, 2016.


B21-158 Fiscal Year2016 BudgetSupport Act

Mendelson4/2/2015

L21-0036.Effective Oct22,

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of 2015 2015

B21-162 JubileeMaycroftTOPANoticeExemptionTemporaryAct of 2015(Temporary)

Nadeau andChairmanMendelson4/14/15

Same as above. L21-0019.Effectivefrom July22, 2015Expireson March 3,2016

B21-0173

HCD

Elderly andTenants withDisabilitiesProtectionAmendmentAct of 2015

Orange,Bonds4/14/15

This bill establishes new rentalprotections for the elderly anddisabled; require the RentalHousing Commission to publishthe maximum rent increase thatan elderly tenant or tenant witha disability may be subject to;forbid landlords from raisingrents on the elderly or disabledthrough a capital improvementincrease; raise the maximumallowable income of an elderlyor disabled person from $40,000to $50,000; and requirelandlords to notify elderly ordisabled tenants of themaximum rent increases theymay be charged, as well as theprocess by which a tenant mayestablish or appeal elder or

Hearing:6/29/15


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disability status.

B21-0208

COW

Heat WaveSafetyEmergencyAmendmentAct of 2015

Cheh5/28/15

This bill amends, on anemergency basis, the RetailElectric Competition andConsumer Protection Act of1999 to prohibit the electriccompany from disconnectingresidential electric service whenthe heat index is forecasted tobe 95 degrees F. or above.

First & finalreading:6/2/15

Signed byMayor6/17/15

Act 21-0082Expires onSep 15, 2015

http://lims.dccouncil.us/Download/33831/B21-0208-SignedAct.pdf

(signed Act)

B21-0209

COW

Heat WaveSafetyTemporaryAmendmentAct of 2015

Cheh5/28/15

See B21-0208. First reading:6/2/15Secondreading:6/16/15

PendingMayoralresponse, due7/6/15

A21-0097L21-0025

http://lims.dccouncil.us/Download/33832/B21-0209-Engrossment.pdf

(engrossment)

B21-0222

COW

TOPA BonaFide Offer ofSaleClarificationEmergencyAmendmentAct of 2015

Bonds6/2/15

This bill amends, on anemergency basis, the RentalHousing Conversion and Sale Actof 1980, to clarify that a bonafide offer of sale for a housingaccommodation with 5 or moreunits, for purposes of demolitionor discontinuance of housinguse, made in the absence of an

First & finalreading:6/2/15

PendingMayoralresponse, due6/30/15

A21-0095Expires onSep 23, 2015


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arm’s length third-partycontract, is based on current,applicable, matter-of-rightzoning regulations or laws, or byan existing right to convert toanother use; further, the offermay take into consideration, butcannot exceed, the highest andbest use of the property; and toestablish the right of a tenantorganization to a determinationof the appraised value of ahousing accommodation undercertain circumstances.

B21-0223

COW

TOPA BonaFide Offer ofSaleClarificationTemporaryAmendmentAct of 2015

Bonds6/2/15

See B21-222 First reading:6/2/15Secondreading:6/16/15

PendingMayoralresponse

A21-0098Law 21-0026


B21-0352

HHS

AdvancingYear RoundAccess toShelter PolicyandPrevention of

Mendelson9/18/15

This bill amends, on anemergency basis, the HomelessServices Reform Act of 2005 toauthorize the Mayor to place afamily that does not have a safe-housing alternative in a

Final reading:12/01/2015

A21-0251L21-0075

http://lims.dccouncil.us/Legislation/B21-0352?FromSearchResults=true

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HomelessnessAmendmentAct of 2015

temporary interim eligibilityplacement pending adetermination of eligibility forshelter and an assessment ofthe supportive servicesnecessary to assist the family inobtaining sustainablepermanent housing, toauthorize the Mayor to provideshelter to a family in a privateroom meeting certain minimumstandards and constructed forthe purpose of closing theDistrict of Columbia GeneralFamily Shelter, to add anexpedited appeals process for afamily that is denied eligibilityfor shelter following an interimeligibility placement, and toprovide that a family maycontinue in an interim eligibilityplacement pending the outcomeof an appeal of a denial ofeligibility for shelter.

B21-413

BSCA

Short-TermOnline RentalMarketplaceRental

Orange9/22/15

This bill imposes newregulations on short-termrental businesses that marketto prospective consumers

Withdrawnon11/03/2015

http://lims.dccouncil.us/Download/34608/B21-0413-

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Proceduresand SafetyAct of 2015

through online websites orapplications. It includesprovisions that prohibits theoperation of short-term rentalproperties without a permitfrom the Department ofConsumer and RegulatoryAffairs (DCRA), prohibits therental of affordable housing orrent-controlled properties,requires various inspectionsbefore a unit can be rented,and sets requirements for thepermit application andapplication process.

Introduction.pdf

B21-414

BSCA

Short-termRentalRegulationandHousingProtectionAmendment Act of2015

Orange9/22/15

This bill establishes a newdivision and supportingfund within theDepartment of Consumerand Regulatory Affairs(DCRA), the SpecialEnforcement Division, andthe Special EnforcementFund, respectively. The billspecifies the duties of thedivision, establishes


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professional requirementsfor staff of the division andenforcement procedures,requires the chiefinvestigator to prepare andsubmit budget estimates tothe Director, andauthorizes the Mayor toissue rules to implement itsprovisions. The bill alsoissues new licensing andregulation requirementsfor short-term rentaloperators.

B21-417

FR

First-timeHomebuyerTaxBenefitAmendmentAct of2015

Grosso,Bonds,Evans10/6/15

This bill establishes a first-time homebuyer tax benefitfor residents who have neverowned residential realproperty or an economicinterest in a cooperative unitin the District of Columbia.The property must also be theprincipal residence of thegrantee. There are otherconditions based on whetherthe transaction involves a


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purchase money mortgage orpurchase money deed oftrust.

B21-420

HCD

ResidentialLeaseAmendmentAct of 2015

Cheh10/6/15

This bill: (1) prohibits housingproviders from requiringtenants to pay fees in excess ofthe maximum allowable rent forservices or usage of facilities; (2)prohibits housing providersfrom selling a unit within 12months after recoveringpossession under certainprovisions of law withoutoffering tenants an opportunityto purchase the unit; (3)requires housing providers tomitigate damages after a tenantbreaches a lease or wrongly failsto take possession; (4) prohibitshousing providers fromunreasonably withholdingconsent if a tenant desires tosublet or assign their lease asrequired by a provision in theirlease; voids some noticeprovisions in commercial and

Hearing on12/07/2015


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private leases; (5) prohibitshousing providers from enteringa tenant's unit without firstreceiving permission or enteringat unreasonable times or forunreasonable purposes; (6)requires housing provides toprovide notice contained in acapital improvement rentadjustment notificationaddendum before initiating acapital improvement rentadjustment; and (7) listspenalties for violations of itsprovisions.

B21-443

HCD

Condominium Owner Billof RightsAmendmentAct of 2015

Bonds,Cheh,Todd10/20/15

This bill requires that an officeror member of the executiveboard shall exercise theirpowers and duties ethically andin good faith. It establishes aCondominium AssociationAdvisory Council (CAAC),composed of eleven members,to serve as advisors to theMayor, the Council, and Districtof Columbia agencies on

Hearing on12/07/2015


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matters relating to ownershipof condominiums in the Districtof Columbia. It requiresmediation prior to a unitowners' association seekingforeclosure on a unit. It alsorequires that a CondominiumAssociation Bill of Rights and acopy of the responsibilities ofmembers of the executiveboard of condominiumassociations be furnished topurchasers of condominiums.

B21-0473

COW

InterimEligibility andMinimumShelterStandardsEmergencyAmendmentAct of 2015

Mendelson11/3/15

This bill amends, on anemergency basis, the HomelessServices Reform Act of 2005 toauthorize the Mayor to place afamily that does not have a safe-housing alternative in atemporary interim eligibilityplacement pending adetermination of eligibility forshelter and an assessment ofthe supportive servicesnecessary to assist the family inobtaining sustainablepermanent housing, to

NA A21-0217Expires onFeb 28, 2016

http://lims.dccouncil.us/Legislation/B21-0473?FromSearchResults=true

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authorize the Mayor to provideshelter to a family in a privateroom meeting certain minimumstandards and constructed forthe purpose of closing theDistrict of Columbia GeneralFamily Shelter, to add anexpedited appeals process for afamily that is denied eligibilityfor shelter following an interimeligibility placement, and toprovide that a family maycontinue in an interim eligibilityplacement pending the outcomeof an appeal of a denial ofeligibility for shelter.

B21-481

HCD

HomePurchaseAssistanceProgramAmendmentAct of 2015

Bonds,Allen,Todd11/17/15

This bill makes changes to theDistrict's Home PurchaseAssistance Program. Itrequires the Mayor to reviewthe repayment structure ofthe Home PurchaseAssistance Program andprovide additional repaymentoptions for the lowest incomeloan recipients. Options to beincluded are a graduated

A21-0393 http://lims.dccouncil.us/Download/34876/B21-0481-Introduction.pdf

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repayment system and thepostponement of repaymenton individual loans until afterthe home is sold. The bill alsoincreases the maximum loanamount to $80,000 from$50,000. The Mayor mustsubmit the revised repaymentsystem to the Council within60 days after the bill becomeseffective.

B21-527 Vacant andBlightedBuildingsEnforcementAmendmentAct of 2015

Allen12/15/15

This bill amends an act toprovide for the abatement ofnuisances in DC.

Committeeon Business,Consumer,andRegulatoryAffairs.


B21-598 VacantPropertyEnforcementAmendmentAct of 2016

Silverman,Todd,May,Bonds2/2/16

This bill amends an act toprovide for the abatement ofnuisances in DC.

Business,Consumer,andRegulatoryAffairs.


B21-646 PropertyRehabilitatio

McDuffie,Orange

This bill requires the Mayor toestablish a program to Committe

http://lims.dccouncil.us/Download

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n forAffordableHousing Actof2016

3/1/16 transform certain vacant,blighted-vacant, condemned,and vacant-true real propertyinto affordable housingaccommodations. The billincludes provisions that specifieswho the Mayor may transfer theproperty to and under whatconditions, the development ofthe property, permitted uses forthe property after development,the taxation of the property,and the establishment of a Fundto support the program. The billrequires the Mayor topromulgate rules to implementthe act within 180 days of itseffective date.

e onHousingandCommunityDevelopment.Hearing:05/16/16

/35405/B21-0646-Introduction.pdf

B21-647 RentalHousingLate FeeFairnessAmendmentActof 2016

AllenAlexander3/1/16

This bill limits the amount oflate fees a landlord maycharge a tenant for unpaidrent. It defines the term "latepayment" to mean rent that isunpaid within 10 days of thedue date; caps late fees to 5%of the unpaid amount of rent;requires that the late fee becharged only once and

Committee onHousingandCommunityDevelopment.Hearing:


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correlate to the unpaidamount of rent; and prohibitslandlords from assessing latefees unless a writtenagreement between thelandlord and tenant providesfor the imposition of late fees.Finally, it provides for theimposition of a civil fine if itsprovisions are violated, andup to three times of theexcess late fee collected to betransmitted to the tenantfrom the landlord.

05/16/16

B21-656

CHCD,BSCA,J

RelocationExpensesRecoupmentand LienAuthorityAmendmentAct of 2016

Nadeau,Silverman3/1/16

This bill is of particularsignificance to OTA because itwould allow OTA to recoupthe cost of emergencyhousing assistance providedfor displaced tenants wherethe housing provider has notsatisfied their obligationsregarding maintenance of therental accommodation. Atleast four other agencies,such as DCRA, DDOE, DPW,

BusinessConsumerandRegulatoryAffairs.


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and DC Water, currently havesuch lien authority.

B21-669

COW

Fiscal Year2017 BudgetSupport Actof 2016

Mendelson3/24/16

This bill addresses Subtitle H:Home PurchaseAssistance Program LoanAmendment Act of 2016. Seepdf page 38.

Hearing onApril 4,2016.


B21-689 HomeownersProtectionfromConstructionDamageAmendmentAct of 2016

Orange,Grosso 4/5/16

This bill increases the penaltiesfor a violation of the District'sconstruction code or zoningregulations…

Committeeon Business,Consumer,and


B21-693 Mixed-UseAffordableHousingProperty andDeed TransferandRecordationTaxExemptionAct of 2016

Nadeau,Cheh, Grosso,and Bonds4/5/16

This bill amends section 47-1005(a) of the DC Code toprovide that affordable housingprojects that include a non-residential community use areeligible for the exemptions inthat section.

Committeeon Financeand Revenue.


B21-0697

CHCD

AdvisoryNeighborho

Bonds,Grosso

This bill amends section 47-1005(a) of the DC Code to

http://lims.dccouncil.us/Download

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odCommissions OmnibusAmendmentAct of 2016

04/05/16 provide that affordablehousing projects that includea non-residential communityuse are eligible for theexemptions in that section.Mandates that great weightrequire substantive analysis ofthe validity of each concernidentified by a Commission tothe government. Increasesthe length of notice thatagencies must provide toCommissions to 45 days. Alsoexpands the scope of thenotice.

/35555/B21-0697-Introduction.pdf

B21-739 TOPAApplication-AssistanceProgramAmendmentAct of 2016

Bonds5/3/2016

This bill expands TOPA toinclude additional funding forpre-application legal andtechnical assistance….

Committeeon HousingandCommunityDevelopment.


B21-740 RentalHousingAccommodation NuisanceAbatementAmendment

Bonds5/3/2016

This bill permits the UnitedStates Attorney for the Districtof Columbia, the AttorneyGeneral for the District ofColumbia, or community-basedorganizations to file an action in

Committeeon Judiciary.


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Act of 2016 the Superior Court of the Districtof Columbia to stop or preventhealth, safety, and securityhazards in rental housingaccommodations. Specificexamples provided in the billinclude vermin infestations, filthand contamination, andinadequate heating andventilation occurring over aperiod of at least thirty days.

updated: 05/20/2016 - washington, d.c. · updated: 05/20/2016 1 d.c. office of the tenant advocate...

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