1050 First Street, NE, Suite 801 • Washington, DC 20002 • Tel: 202-727-8000 • disb.dc.gov
deferment period, or the end of the original term of the mortgage loan, whichever is
earlier.
5. Can a lump sum payment be required?
A mortgage lender is prohibited from requiring a lump sum payment from any borrower
making payments under a deferred payment program.
6. What if my application for mortgage deferment is denied?
A person or business whose application for deferment is denied may file a written
complaint with the Commissioner for formal investigation of the complaint.
7. What accommodations to tenants are borrowers required to make?
A borrower receiving a mortgage deferral on a property that has a Qualified Tenant
(residential or commercial) shall, within 5 (five) days of the approval, provide written
notice of the deferral to all tenants including, but not limited to, posting notice of the
deferral approval in a common area of the property that is visible to all tenants.
The borrower also must reduce the rent charged for the property to each qualified
tenant during the period of time in which there is a mortgage deferral in place. The
reduced amount must be proportional to the deferred mortgage amount paid by the
borrower to the mortgage lender as a percentage of total expenses reported to the
Office of Tax and Revenue in the borrower’s 2019 Income and Expense report.
The borrower may require the qualified tenant to repay the difference in the amount of
the rent as stated in the lease and the reduced rent, without interest or fees, within 18
(eighteen) months, or upon cessation of the tenancy, whichever occurs first.
8. Record-Keeping and Compliance
A mortgage lender who receives an application for deferment must retain the
application, whether approved or denied, for at least three years after final payment is
made on the mortgage or the mortgage is sold, whichever occurs first. Additionally, a
mortgage lender must make the application for deferment available to the
Commissioner upon request.
Mortgage lenders shall make a good faith effort to comply with federal mortgage
servicing rules and regulations (e.g. Regulation X) while implementing the Mortgage
Loan Deferment Plan.
Note
To the extent necessary to conform with the provisions of Section 202 of the Act, the
exemptions in Section 3 of the Mortgage Lender and Broker Act of 1996, effective
September 9, 1996 (D.C. Law 11-155; D.C. Official Code § 26-1102) are waived for the
duration of the public health emergency.