GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL BRIAN L. SCHWALB July 11 , 2024 -- *** The Honorable Phil Mendelson Chairman, Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Dear Chairman Mendelson: I write to transmit the "Secure Apartments for Everyone (SAFE) Regulation Amendment Act of 2024" , for consideration and enactment by the Council of the District of Columbia. The Act will improve safety and reduce incidents of crime at District apartment complexes. Every Washingtonian deserves to feel safe in their home. Yet, my team and I have heard from community members and Council offices about crime and security problems at apartment buildings across the District. Though we investigate these complaints, take action under the District' s Drug-, Firearm-, or Prostitution- Related Nuisance Act when appropriate, and work with other District agencies to address security concerns, it is clear that landlords, residents, and the District need additional tools to address persistent security problems. The SAFE Act offers a preventive, proactive suite of tools to address security concerns and enhance the District's ability to work with tenants and landlords to develop tailored plans to address the needs of each building. The SAFE Act: • Mandates on-site security assessments by the Department of Buildings for any property where one of the following thresholds has been met: o 2 seizures of controlled substances within a three-month period; o 2 seizures of firearms within a six-month period; or o 2 arrests for crimes of violence or dangerous crimes committed at the property within a six-month period. • Following a security assessment, requires the Department of Buildings to issue a security report detailing specific measures that should be taken to address safety concerns. o This report must be shared with the Office of the Attorney General, the Office of the Tenant Advocate, the associated Advisory Neighborhood Commission and Ward Councilmember office, and the president of any applicable tenant association. 400 Sixth Street, N.W., Washington, DC 20001, (202) 727-3400, Fax (202) 730-0484 ■ Expands the scope of the Nuisance Abatement Act to include serious crimes involving guns, enhancing OAG's ability to enforce the Nuisance Act in situations where crimes of violence or dangerous crimes involving a firearm are occurring at a property. ■ Requires all rental properties with 5 or more units to maintain self-closing and self-locking exterior doors and adhere to minimum standards for exterior lighting. Further proposed changes to the Nuisance Act will enable the Court to order a security assessment of a potential nuisance property to help determine the most appropriate measures and course of action and will also clarify financial damages that landlords who maintain nuisance properties may be ordered to pay, including up to $1 ,000 for each day that a nuisance remains unresolved for the first 30 days and up to $5,000 per day for each subsequent day. I ask that the Council enact this legislation to enhance apartment building security and deter crime in rental housing. If you have any questions, please contact me or Deputy Attorney General for Policy and Legislative Affairs Candyce Phoenix at (202) 788-2066 or Candyce.Phoenix@dc.gov. Attorney General for the District of Columbia 2 1 2 3 4 ~ hil Mendelson 5 at the request of the Attorney General 6 7 8 A BILL 9 10 11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12 13 14 To amend the Drug-Related Nuisance Abatement Act of 1998 to include real properties 15 where dangerous crimes or crimes of violence are committed as drug-, firearm-or 16 prostitution-related nuisances , to make technical corrections, to authorize ordering 17 security inspections, tamper-resistant locks and doors, and increased lighting at 18 such properties, to specify additional factors the court may consider in abating 19 such nuisances, and to specify damages that may be assessed against the owner; to 20 amend the Property Maintenance Code to require the code official to conduct 21 security reports of such premises and provide them to specified agencies, to 22 require premises with five or more dwelling units to install doors that close and 23 lock automatically, and to maintain minimum illumination of entrances. 24 25 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 26 27 That this act may be cited as the "Secure Apartments for Everyone (SAFE) Regulation 28 Amendment Act of 2024". 29 30 Sec. 2. The Drug-Related Nuisance Abatement Act of 1998, effective March 26, 31 1999 (D.C. Law 12-194; D.C. Official Code§ 42-3101 et seq.), is amended as follows: 32 (a) Section 2 (D.C. Official Code§ 42-3101) is amended as follows: 33 (1) Subsection (5) (D.C. Official Code§ 42-3101(5)) is amended as 34 follows: 35 (A) Paragraphs (A) through (C) are amended to read as follows: 36 "(A) Any real property, in whole or in part, where any violation of 37 Chapter 9 of Title 48 occurs;" 1 38 “(B) Any real property, in whole or in part, where prostitution 39 occurs, or where one or more firearms are unlawfully stored or otherwise kept, or where 40 the sale or manufacture of controlled substances or drug paraphernalia occurs, that has an 41 adverse impact on the community; 42 “(C) Any real property, in whole or in part, where any violation of 43 § 22-2701, § 22-2704, §§ 22-2705 to 22-2712, and § 22-2722 occurs.”. 44 (B) A new paragraph (D) is added to read as follows: 45 “(D) Any real property, in whole or in part, where any dangerous 46 crime as defined in D.C. Official Code § 23-1331(3) or any crime of violence as defined 47 in D.C. Official Code § 23-1331(4) occurs, provided the crime involves use of a firearm.” 48 (2) A new subsection (7) is added to read as follows: 49 “(7) “Owner” means the individual, corporation, partnership, trust association, 50 joint venture, or any other business entity in whom is vested all or any part of the title to 51 the property alleged to be a drug-, firearm-, or prostitution-related nuisance, and the 52 respective agents of such individuals or entities authorized to act with respect to the 53 property.”. 54 (b) Section 5 (D.C. Official Code § 42-3104) is amended by striking the phrase “it 55 appears” and inserting the phrase “the court determines” in its place. 56 (c) A new section 5a is added to read as follows: 57 “In an action under section 3, if the court determines, by affidavit or otherwise, 58 that there is a substantial likelihood that the plaintiff will be able to prove at trial that a 59 drug-, firearm-, or prostitution-related nuisance exists, the court may order a security 60 report of the property from the Department of Buildings or from a third-party expert, 2 61 including recommended security measures to abate the nuisance. The parties may 62 recommend a third-party expert to the court, and the court shall choose an expert to 63 perform the security report. The owner shall bear the costs of any security report 64 performed by a third-party expert. The plaintiff may request a security report as part of a 65 motion for preliminary injunction or as a separate motion filed with the court at any time. 66 If a security report is ordered, it shall be completed within 30 days. Within 10 days of 67 completion of the report, a copy of a security report containing recommended measures 68 to abate the nuisance activity shall be filed with the court, and the owner shall provide a 69 notice to all tenants at the property informing them that they may request a copy of the 70 security report from the owner without cost.”. 71 (c) Section 11 (D.C. Official Code § 42-3110) is amended as follows: 72 (1) Subsection (b)(3) is amended by striking the phrase “secure locks, 73 hiring private security personnel, increasing lighting in common areas, and using 74 videotaped surveillance” and inserting the phrase “secure and tamper-resistant locks and 75 doors, hiring private security personnel, increasing lighting in common areas inside and 76 outside the property, and using video surveillance” in its place. 77 (2) Subsection (c) is amended as follows: 78 (A) Paragraph (10) is amended by striking the phrase “; or” and 79 inserting a semicolon in its place. 80 (B) Paragraph (11) is amended to read as follows: 81 “(11) The recommendations made in any security report by the 82 Department of Buildings or a third-party security expert;”. 83 (C) New paragraphs (12) and (13) are added to read as follows: 3 84 “(12) Whether the property, in whole or in part, is where any dangerous 85 crime as defined in § 22-1331(3) or any crime of violence as defined in § 22-1331(4) has 86 occurred; or 87 “(13) Any other factor the court deems relevant.”. 88 (3) Subsection (d) is amended to read as follows: 89 “(d) In considering whether an order under this section may include the hiring of 90 private security personnel, the court shall consider the costs of the requested relief 91 compared to the total gross and net income produced by the property during each of the 92 past three years. The burden shall be on the owner of the property to establish that the 93 court should not enter the requested relief based on this factor.”. 94 (4) A new subsection (e) is added to read as follows: 95 “(e) In fashioning an order under this section, the court shall not consider the lack 96 of action by other property owners, tenants, or third parties to abate the drug-, firearm-, or 97 prostitution-related nuisance.”. 98 (d) Section 12 (D.C. Official Code § 42-3111) is amended as follows: 99 (1) Strike the phrase “whichever is earlier.” and insert the phrase 100 “whichever is earlier. Such damages may be assessed at up to $1,000 per day for the first 101 30 days and up to $5,000 per day for each day thereafter.” in its place. 102 (2) Strike the phrase “Corporation Counsel” and insert the phrase “Office 103 of the Attorney General for the District of Columbia” in its place. 104 Sec. 3. Section 10 of the Construction Codes Approval and Amendments Act of 105 1986, effective March 21, 1987 (D.C. Law 6-216; 12-G DCMR § 101 et seq.), is 106 amended as follows: 4 107 (a) 12-G DCMR § 108 is amended by adding a new subsection 108.11 to read as 108 follows: 109 “108.11 If the code official receives notice that there have been any of the 110 following at a premises: 111 “(a) Two (2) seizures by the Metropolitan Police Department (MPD) of controlled 112 substances within three (3) months; 113 “(b) Two (2) seizures of firearms by MPD within (6) months; or 114 “(c) Two (2) arrests for crimes of violence or dangerous crimes, as defined in 115 D.C. Official Code § 23-1331, within six (6) months; 116 “then the code official shall conduct a security assessment of the premises and shall 117 issue a security report within thirty (30) days. The security report shall include security 118 measures to abate the nuisance. The code official shall serve a copy of the security report 119 on the owner, the Office of the Attorney General for the District of Columbia, the 120 Advisory Neighborhood Commission in which the premises is located, the office of the 121 ward Councilmember for the ward in which the premises is located, and the Office of the 122 Tenant Advocate. The code official shall attach to the security report a notice stating that 123 the security report will be served on the Office of the Attorney General for the District of 124 Columbia, the Advisory Neighborhood Commission in which the premises is located, the 125 office of the ward Councilmember for the ward in which the premises is located, and the 126 Office of the Tenant Advocate. If the owner is aware of the existence of a tenant 127 association representing the tenants of the premises, the owner shall serve a copy of the 128 security report on the president of the tenant association. The owner shall also post a copy 129 of a notice in a conspicuous place in or about the structure or premises informing tenants 5 130 that they may request a copy of the security report without cost, and the owner shall 131 provide a copy of the security report to a tenant upon request.”. 132 (b) 12-G DCMR § 304 is amended by adding a new subsection 304.15.1 to read as 133 follows: 134 “304.15.1 For any premises containing five (5) or more dwelling units, any door 135 that a person can use to gain access to the interior of any building or structure from the 136 exterior of the building or structure or from a garage or parking area shall be so designed 137 or equipped so as to close and lock automatically with a lock, including a lock with an 138 electrically-operated striker mechanism, a self-closing door, and associated equipment. If 139 two doors enclose an entryway between the common space of the building or structure 140 and the exterior of the building or structure, only one door must meet this requirement.”. 141 (c) 12-G DCMR § 402 is amended by adding a new subsection 402.4 to read as 142 follows: 143 “ 145 “402.4 The owner of a premises containing five (5) or more dwelling units shall 146 install and maintain one or more lights at or near the outside of the front entrance way of 147 each structure, which shall in the aggregate provide not less than one hundred watts 148 incandescent illumination or its equivalent for a structure with a frontage up to twenty- 149 two feet, and two hundred watts incandescent illumination or its equivalent for a 150 structure with a frontage in excess of twenty-two feet. In the case of a structure with a 151 frontage in excess of twenty-two feet and front entrance doors with a combined width in 152 excess of five feet, the owner shall install at least two lights, one on each side of the 6 153 entrance way, with an aggregate illumination of three hundred watts incandescent 154 illumination or its equivalent. If the minimum level of illumination is maintained, the 155 owner may determine details of location, design and installation of lighting fixtures. 156 Excluding the main entrance, the owner of a premises containing five (5) or more 157 dwelling units shall install and maintain at any door that a person can use to gain access 158 to each structure from the exterior of the structure or from a garage, parking area, yard, 159 or court, one or more lights of at least one hundred watts of incandescent illumination or 160 its equivalent, in such locations as the code official may prescribe. The lights required by 161 this subsection shall remain illuminated from sunset on each day to sunrise on the day 162 following.”. 163 Sec. 4. Fiscal impact. 164 The Council adopts the fiscal impact statement in the committee report as the 165 fiscal impact statement required by section 4a of the General Legislative Procedures Act 166 of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 167 Sec. 5. Effective Date. 168 This act shall apply as of October 1, 2025. 7 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General Legal Counsel Division MEMORANDUM TO: Tomás Talamante Director Office of Policy and Legislative Affairs FROM: Megan D. Browder Deputy Attorney General Legal Counsel Division DATE: July 10, 2024 RE: Legal Sufficiency Certification of Draft Legislation, the “Secure Apartments for Everyone Regulation Amendment Act of 2024” (AE-24-154) This is to Certify that this Office has reviewed the above-referenced draft legislation and found it to be legally sufficient. If you have any questions, please do not hesitate to call me at (202) 724-5524. _________________________________ Megan D. Browder 3 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION LEGAL COUNSEL DIVISION MEMORANDUM TO: Damon King Policy Advisor Office of the Attorney General for the District of Columbia FROM: Megan D. Browder Deputy Attorney General Legal Counsel Division DATE: July 10, 2024 SUBJECT: Legal Sufficiency Review of Draft Legislation, the “Secure Apartments for Everyone Regulation Amendment Act of 2024” (AE-24-54) _____________________________________________________________________________________ This memorandum responds to your request that the Office of the Attorney General conduct a legal sufficiency review of the above-referenced draft legislation. The bill amends Drug-Related Nuisance Abatement Act of 1998 1 and the Property Maintenance Code, Title 12-G DCMR, to require increased security measures in apartment dwellings. Specifically, the bill amends section 2 of the Drug-Related Nuisance Abatement Act (D.C. Official Code § 42-3101) to change references to properties “used or intended to be used” for drug-related nuisances to references to properties where the nuisances occur. It amends the definition of “drug-, firearm-, or prostitution-related nuisance” to include any real property or any crime of violence occurs, provided the crime involves use of a firearm, 2 and adds a new definition of “owner.” The bill also adds a new section 5a to allow the court to order a security report by the Department of Buildings (“DOB”) or a third-party expert recommended by the parties of suggested measures to abate the nuisance, which shall be filed with the court and ma