D.C. Act 24-67. Eviction Moratorium Public Safety Exception Emergency Amendment Act of 2021.
AN ACT
To amend, on an emergency basis, the Coronavirus Support Emergency Amendment Act of 2021 to provide for a limited exception to the eviction moratorium, and allow the eviction process to resume under a narrow set of defined circumstances when necessary to ensure the health and safety of people in residential communities.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Eviction Moratorium Public Safety Exception Emergency Amendment Act of 2021".
Sec. 2. Section 404 of the Coronavirus Support Emergency Amendment Act of 2020, effective March 17, 2021 (D.C. Act 24-30; 68 DCR 3101), is amended as follows:
(a) Subsection (a) is amended as follows:
(1) Paragraph (1)(B) is amended to read as follows:
"(B) A new subsection (b) is added to read as follows:
"(b)(1) During a period of time for which the Mayor has declared a public health emergency pursuant to
"(2) For purposes of this subsection, the term:
"(A) "Act of violence" shall have the same meaning as "crime of violence" as provided in
"(B) "Assault" shall be construed according to
"(C) "Threat" shall be construed according to
"(D) "Unlawful possession of a firearm" shall be construed according to
"(3) Nothing in this section shall be construed to create an obligation on the part of any person to pursue an eviction action under this subsection.
"(4) No tenant shall be evicted from a rental unit based on a complaint filed under this subsection unless the court finds that the alleged violation of an obligation of tenancy meets all of the requirements of this subsection.".
(2) Paragraph (2) is amended to read as follows:
"(2) Section 16-1502 is amended as follows:
"(A) Strike the phrase "exclusive of Sundays and legal holidays" and insert the phrase "exclusive of Sundays, legal holidays, and a period of time for which the Mayor has declared a public health emergency pursuant to D.C. Official Code § 7-2304.01" in its place.
"(B) Strike the phrase "before the day fixed for the trial of the action." and insert the phrase "before the day fixed for the trial of the action; except, that a summons may be served during a period of time for which the Mayor has declared a public health emergency pursuant to D.C. Official Code § 7-2304.01, and for 60 days thereafter, if the summons relates to a complaint that is filed pursuant to the exception listed in § 16-1501(b)." in its place.".
(b) Subsection (b) is amended to read as follows:
"(b) Section 501 of the Rental Housing Act of 1985, effective July 17, 1986 (D.C. Law 14-194; D.C. Official Code § 42-3505.01), is amended as follows:
"(1) Subsection (k) is amended as follows:
"(A) Paragraph (1) is amended by striking the phrase "; or" and inserting a semicolon in its place.
"(B) Paragraph (2) is amended by striking the period and inserting the phrase "; or" in its place.
"(C) A new paragraph (3) is added to read as follows:
"(3) During a period of time for which the Mayor has declared a public health emergency pursuant to
"(A) Any family facing eviction pursuant to this paragraph shall be connected to assistance and resources that support the coordination or continuation of youth education, social services, and other resources before the eviction is carried out; and
""(B) Any person with behavioral, emotional, or mental health issues facing eviction pursuant to this paragraph shall be connected to behavioral health or housing counseling services and shall be offered alternative housing arrangements before the eviction is carried out.".
"(2) A new subsection (q-1) is added to read as follows:
"(q-1)(1) Subsection (q) of this section shall not apply to notices related to complaints that allege that the tenant's continuing presence at the housing accommodation where the tenant resides presents a current and substantial threat to the health and safety of tenants, on-site agents, or employees of the owners of the housing accommodation, or household members or guests of other tenants, because the tenant has violated an obligation of tenancy by engaging in an unlawful possession of a firearm, threats or acts of violence, or assault.
"(2) For purposes of this subsection, the term:
"(A) "Act of violence" shall have the same meaning as "crime of violence" as provided in
"(B) "Assault" shall be construed according to
"(C) "Threat" shall be construed according to
"(D) "Unlawful possession of a firearm" shall be construed according to
"(3)(A) A notice issued to a tenant pursuant to this subsection shall:
"(i) State that the tenant does not have to vacate the rental unit until and unless a court orders the tenant to do so;
"(ii) State that the tenant has the right to correct or cease the alleged violation of tenancy and remain in the rental unit;
"(iii) State that the tenant has the right to dispute the landlord's allegations through the court process and remain in the rental unit until the court reaches a decision on the matter; and
"(iv) Include the phone numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network and state that both resources provide free legal services to a tenant facing eviction.
"(B) A copy of the notice shall be sent to the Office of the Tenant Advocate.".
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. 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 shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
