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Legislative Updates

Dear all:

Greetings from Chief Tenant Advocate Shreve and the Office of the Tenant Advocate. Below are a few updates from the policy team:

1. Legislation prohibiting evictions in extreme heat becomes law

On April 16th, Law 26-108, the “Extreme Heat Eviction Protection Amendment Act of 2025” became effective. This law prohibits evictions on any day when the National Weather Service predicts at 8:00 a.m. the temperature at the National Airport weather station will rise above 95 degrees Fahrenheit.

2. DC Council approves bill to regulate common area and vacant unit utility charges

On May 5th, the Council approved Bill 26-126, the “Fair Housing Practices Amendment Act of 2025” on the first of two votes. This bill would:

  • Prohibit a landlord from charging tenants for the utility costs of common spaces and vacant units separately from the monthly rent.
  • Require a landlord, within 45 days after the termination of the tenancy, to send a tenant a notice of (1) unpaid amounts due to the landlord pursuant to the lease; and (2) the tenant’s right to dispute the alleged unpaid amounts.

3. DC Council approves emergency/temporary bills affecting water disconnections

On May 5th, the Council approved Bill 26-679, the “DC Water and Sewer Authority Billing and Disconnection Clarification Emergency Amendment Act of 2026.” Among other things, this bill would:

  • Require DC Water to post notices of pending service termination outside of the premises, and at each unit if publicly accessible practicable, at least 30 days prior to terminating service.
  • Require DC Water to provide monthly information regarding water disconnections to the Council, the Office of the Attorney General, the Office of the People’s Counsel and the OTA.
  • Establish the maximum late fee that DC Water may impose for unpaid charges at 10% of charges unpaid for more than 30 days, and an additional 1% per month for charges unpaid for more than 60 days.

Unless vetoed by the Mayor, this legislation will be effective for 90 days following Mayoral review. The Council also approved identical temporary legislation on the first of two votes. It will be effective for 225 days following Mayoral or Congressional review, if not vetoed by the Mayor or disapproved by Congress. Permanent legislation (Bill 26-443) is pending and had a hearing on March 26th.

4. Rental housing legislation introduced

  • Bill 26-478, the “Renter Tax Credit Expansion Amendment Act of 2025”
    • Introducer: Councilmember Pinto
    • Referral: Committee of the Whole
    • What the bill does: Creates a standalone Renter Tax Credit and ties it to a cap equal to the greater of either the efficiency-level or median efficiency-level Small Area Fair Market Rent. The bill also expands eligibility to include unhoused individuals or residents in temporary housing who lack fixed rent payments and allows claimants whose credit exceeds $1,200 to elect for monthly disbursements.
  • Bill 26-493, the “Strengthening Tenant Receivership and Oversight for Neighborhood Growth (STRONG) Homes Amendment Act of 2025”
    • Introducer: Councilmember R. White
    • Referral: Committee of the Whole
    • What the bill does: Authorizes the Office of the Attorney General to use the Tenant Receivership Abatement Fund for emergency repairs and services, temporary relocation expenses and receiver’s fees; permits the Court to authorize the sale of a property when the owner refuses to make repairs or address chronic conditions that are putting tenants’ health and safety at risk; ensures that any owner that purchases a property out of receivership agrees to address all existing housing code violations and present a detailed plan to do so; among other purposes.
  • Bill 26-541, the “Green Housing Coordination Amendment Act of 2025”
    • Introducer: Councilmember R. White
    • Referral: Committee on Housing, Committee on Facilities, Committee on Transportation and the Environment and Committee of the Whole
    • What the bill does: Establishes energy efficiency and electrification requirements for new construction projects receiving assistance from the Housing Production Trust Fund. Requires periodic reporting by the Mayor on the development of universal net zero energy building code regulations; this provision would apply to residential and mixed-use construction.
  • Bill 26-544, the “Pets in Housing Amendment Act of 2025”
    • Introducer: Councilmember R. White
    • Referral: Committee on Health, and Committee on Housing
    • What the bill does: Prohibits insurance providers from (1) inquiring about the specific breed or breed mixture of dogs kept on a property, and (2) increasing a homeowner’s insurance premium based on the breed or breed mixture of such dogs.
  • Bill 26-590, the “Smoke-Free Residential Environments Amendment Act of 2026”
    • Introducer: Councilmember Henderson
    • Referral: Committee on Health, Committee on Housing and Committee of the Whole
    • What the bill does: Prohibits smoking tobacco or plant products (1) anywhere inside multifamily housing, or (2) outside if within 25 feet of an entrance or window of multifamily housing when another person is present.
  • Bill 26-591, the “Lifesaving Intervention Empowering Neighborhoods (LIEN) Act of 2026”
    • Introducer: Councilmember R. White
    • Referral: Committee of the Whole
    • What the bill does: This measure is intended to expand the Department of Buildings’ lien authority in the event of housing provider non-abatement of housing code violations and non-payment of DOB fines.
  • Bill 26-598, the “Housing Investment Efficiency and Accountability Act of 2026”
    • Introducer: Councilmember R. White
    • Referral: Committee on Housing, and Committee of the Whole
    • What the bill does: Currently, DC Housing Finance Agency (DCHFA) administers the 4% Low-Income Housing Tax Credit (LIHTC) program, while the Department of Housing and Community Development administers the 9% LIHTC program. This bill would instead place both programs under DCHFA. Please note that the Council has already clarified that LIHTC properties do qualify for the subsidy exemption from rent control (Law 26-111).
  • Bill 26-647, the “Short-Term Rental Regulation Amendment Act of 2026”
    • Introducer: Chairman Mendelson at request of the Mayor
    • Referral: sequentially to the Committee on Public Works & Operations and Committee of the Whole.
    • What the bill does: Permits (1) renters to obtain short-term rental licenses; and (2) District residents who own a second property in the District to obtain a short-term rental license for the second property.
  • Bill 26-676, the “Clarifying Licensing Enriching All Neighbors (CLEAN) Amendment Act of 2026”
    • Introducer: Councilmember R. White
    • Referral: Committee of the Whole
    • What the bill does: Prohibits a landlord from receiving a license or permit from the District government where the landlord owes $1,000 or more un past due fines, penalties, or interest assessed pursuant to a Department of Buildings notice of infraction.

Please let the OTA policy team know if you have any questions or concerns.

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