D.C. Code § 42-3505.71: Rent payment reporting program.

*NOTE: This section was created by emergency legislation that will expire on November 11, 2026.*

(a)

The Mayor may establish and administer a rent payment reporting program ("program") under which a rental housing provider shall offer a tenant the option to report the tenant's rent payments, to one or more credit reporting agencies, as that term is defined in § 28-3861(3).

(b)

(1)

The program shall allow for a tenant who had previously agreed to participate in the program to withdraw at any time.

(2)

A rental housing provider shall comply with a tenant's request to stop rent payment reporting within 30 days after receiving the request.

(3)

A tenant who elects to withdraw from the program shall not be allowed to opt back in to the program again for a period of 6 months after the tenant withdraws from the program.

(4)

If a tenant provides the rental housing provider with written notice that the tenant intends to withhold the payment of rent for a rental housing provider's failure to maintain a unit in a condition consistent with the implied warranty of habitability and with Titles 12 and 14 of the District of Columbia Municipal Regulations, or substantially similar subsequent regulations, the rental housing provider shall cease rent payment reporting until the tenant resumes making rental payments.

(c)

A rental housing provider's offer to a tenant to report rent payments pursuant to the program shall include a written notice to tenants that contains:

(1)

A statement that reporting of the tenant's rent payments is optional;

(2)

Identification of each credit reporting agency to which rent payments will be reported;

(3)

A statement describing which rent payments will be reported, and the circumstances under which payments are considered timely, late, or missed;

(4)

A statement that the tenant may elect to stop rent payment reporting at any time with instructions to the tenant on how to opt out and a disclaimer that the tenant cannot elect to resume participation in the program for at least 6 months after the tenant withdraws from the program; and

(5)

A signature block that the tenant shall date and sign in order to accept the offer of rent payment reporting.

(d)

The Mayor may require a rental housing provider that receives a grant, loan, tax abatement, or other financial support (collectively, "financial assistance") from the District to, as a condition of the financial assistance:

(1)

Participate in the program;

(2)

Participate in a third-party rent payment reporting program approved by the Mayor; or

(3)

Provide information on their tenants' rent payments to credit reporting agencies, subject to each tenant's consent.

(e)

(1)

The Mayor may issue grants to rental housing providers who participate in the program to pay the costs of set-up fees for reporting rent payments to credit reporting agencies, annual fees for reporting rent payments to credit reporting agencies, technical assistance for credit reporting agencies, and fees for pulling credit reports.

(2)

The requirements of part B of subchapter XII-A of Chapter 3 of Title 1 shall not apply to grants issued under this subsection.

(f)

Within 90 days after the establishment of the program, the Department of Housing and Community Development ("Department") shall develop and publish a standardized notice template for use by rental housing providers. A rental housing provider that uses the Department's standardized notice template shall be presumed to be in compliance with the notice requirements of subsection (c) of this section.

(g)

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement this section.