Code of the District of Columbia

Subchapter V-A. Payment of Rent Beyond 5 Days After Due Date.

§ 42–3505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due.

(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant.

(b) A housing provider may only charge a late fee:

(1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and

(2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due.

(c) A housing provider shall not:

(1) Charge interest on a late fee;

(2) Deduct any amount of a late fee from a subsequent rent payment;

(3) Impose a late fee more than one time on each late payment;

(4) Evict a tenant on the basis of the nonpayment of a late fee;

(5) Impose a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather that the tenant, is responsible for paying; or

(6) Impose a late fee on a tenant during any month for which a public health emergency has been declared pursuant to § 7-2304.01.

(d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider.

(July 17, 1985, D.C. Law 6-10, § 531 [§ 530]; as added Dec. 8, 2016, D.C. Law 21-172, § 2(b), 63 DCR 12959; Oct. 9, 2020, D.C. Law 23-130, § 405(b)(4), 67 DCR 8622.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 405(b)(4) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 [Effective August 19, 2020 through October 8, 2020] (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).