D.C. Act 25-702. Pets in Housing Amendment Act of 2024.

AN ACT

To amend the Rental Housing Act of 1985 to limit the amount of fees and deposits that a housing provider may charge a prospective tenant associated with owning a pet and to prohibit certain restrictions on common household pets; and to amend the Homeless Services Reform Act of 2005 to ensure access to shelter for individuals with pets.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Pets in Housing Amendment Act of 2024".

Sec. 2. The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.), is amended as follows:

(a) Section 103 (D.C. Official Code § 42-3501.03) is amended by adding a new paragraph (6A) to read as follows:

"(6A) "Common household pet" means a domesticated animal traditionally kept in the home for pleasure rather than for commercial purposes, including :

"(A) Domestic dogs, excluding hybrids, with wolves, coyotes, or jackals;

"(B) Domestic cats, excluding hybrids with ocelots or margays;

"(C) Domesticated rodents and rabbits;

"(D) Captive-bred species of common cage birds;

"(E) Non-venomous snakes, fish, and turtles; and

"(F) Ferrets.".

(b) Section 217 (D.C. Official Code § 42-3502.17) is amended by adding a new subsection (d) to read as follows:

"(d) A housing provider may charge a security deposit for a common household pet pursuant to section 510(b-3).".

(c) Section 510 (D.C. Official Code § 42-3505.10) is amended as follows:

(2) New subsections (b-3) and (b-4) are added to read as follows:

"(b-3) For residential leases beginning after October 1, 2025, a housing provider may:

"(1) , Require a prospective tenant to pay a refundable security deposit, subject to the requirements of section 217 and the provisions of 14 DCMR §§ 308-311, associated with the residence of common household pets in the rental unit; provided, that:

"(A) The pet security deposit authorized by this paragraph does not exceed 15% of the monthly rent, in addition to any security deposit otherwise authorized by law;

"(B) The pet security deposit shall be withheld only for compensation for damages directly caused by a common household pet that are not due to ordinary wear and tear;

"(C) The tenant shall be responsible for any damages in excess of ordinary wear and tear by the common household pet that exceed the total amount of the security deposit withheld by the landlord pursuant to subparagraph (A) of this paragraph and any other security deposit withheld by the landlord; and

"(D) No security deposit may be required for a service or assistance animal required by a tenant with a disability as a reasonable accommodation under local or federal law; and

"(2) Require a tenant to pay an additional rent for common household pets; provided, that:

"(A) The amount of additional rent charged for each common household pet that is a dog may not exceed 1 percent of the first full month's rent charged to that tenant for the dwelling unit per common household pet;

"(B) The amount of additional rent charged for all other common household pets may not cumulatively exceed 1 percent of the first full month's rent charged to that tenant for the dwelling unit;

"(C) No additional rent for common household pets may be required for a service or assistance animal required by a tenant with a disability as a reasonable accommodation under local or federal law;

"(3) Unless otherwise prohibited by law, establish reasonable pet policies to ensure the safety and maintenance of the property, including limitations on the number of common household pets permissible in a dwelling unit.

"(b-4) A housing provider shall not:

"(1) For residential leases beginning after October 1, 2025, charge an additional security deposit, fee, or additional rent associated with the residence of common household pets except as authorized by subsection (b-3) of this section; or

"(2) For residential leases beginning after October 1, 2026, impose restrictions on tenancy or impose differential fees or rent charged associated with the residence of a common household pet based on the pet's breed, size, or weight.".

Sec. 3. Section 7 of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-753.01), is amended by adding a new subsection (j) to read as follows:

"(j) No later than October 1, 2026, the Department shall ensure that at least one low barrier shelter has space available for residents who are homeless and are accompanied by a common household pet as defined by section 103(6A) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.03(6A)).".

Sec. 4. Applicability

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section, 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).