ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend section 16-1501 of the District of Columbia Official Code to provide that a person
aggrieved shall not file a complaint seeking restitution of possession for nonpayment of
rent in an amount less than $600 and to provide that the person aggrieved shall not file a
complaint seeking restitution of possession without a current rental housing license; to
amend the Rental Housing Act of 1985 to require that a written notice be served on a
tenant before evicting the tenant for nonpayment of rent, to require photographic
evidence to be submitted to court if a summons is posted on the property, to require
notice in a tenants primary language if the housing provider knows a tenant speaks a
covered language other than English, to prohibit a housing provider from filing a claim to
recover possession of a rental unit for the nonpayment of rent unless the housing provider
has provided the tenant with at least 30 days written notice of its right to do so, to
specify language that must be included in a nonpayment notice, to require the Court to
dismiss claims for possession in certain circumstances, to prohibit eviction if the housing
provider does not have a valid rental registration or claim of exemption and current
business license, to require the Court to seal certain eviction records, to authorize the
Court to seal certain eviction records upon motion by a defendant, to authorize the Court
to release sealed eviction records under limited circumstances with privacy protections in
place, to require disclosure of certain information prior to requesting information or fees
for the purpose of screening a prospective tenant, to limit the fees charged to a
prospective tenant, to require a refund of application fees under certain circumstances, to
prohibit the use of certain information for the purposes of adverse actions against a
prospective tenant, to provide for enforcement of the law through the Office of Human
Rights, and to allow a prospective tenant to file a civil action in the Superior Court of the
District of Columbia if a housing provider violates this act and the tenant does not pursue
administrative enforcement; to amend the Human Rights Act of 1977 to describe types of
actions that may be considered unlawful source of income discrimination, to prohibit
discrimination in housing based on a person having a sealed eviction record, and to
prohibit conditioning real estate transactions and other terms or conditions of housing on
disclosure of a sealed eviction record.
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the "Eviction Record Sealing Authority and Fairness in Renting Amendment
Act of 2022".
Sec. 2. Title 16 of the District of Columbia Official Code is amended as follows:
(a) Section 16-1501 is amended as follows:
(1) The existing text is designated as subsection (a).
(2) New subsections (b), (c), (d) and (e) are added to read as follows:
(b) A person aggrieved shall not file a complaint seeking restitution of possession
pursuant to this section for nonpayment of rent in an amount less than $600. Nothing in this
subsection shall prevent the person aggrieved from filing a complaint to recover the amount
owed.
(c)(1) A person aggrieved shall not file a complaint seeking restitution of possession
pursuant to this section without a valid rental registration or claim of exemption pursuant to 42-
3502.05, and a current license for rental housing issued pursuant to 47- 2828(c)(1), as certified
at the time of filing and documented at the initial hearing.
(2) The Court may waive the requirements for a current license for rental
housing in this subsection if the person aggrieved can demonstrate that they were unable to
obtain or renew a current rental housing license due to extenuating circumstances, including a
medical emergency, agency delay, or a circumstance in which a tenant or occupant denies
permission for a required pre-license inspection or required repairs.
(3) The requirements of this subsection shall not apply to complaints involving
subtenants.
(d) At the initial hearing for any complaint for possession, if the complaint does not
allege sufficient facts or the person aggrieved has not produced sufficient documentation to meet
all requirements under District law, the Court shall dismiss the complaint.
(e) Subsections (b) and (c) of this section shall not apply to complaints involving
commercial tenants..
(b) Section 16-1502 is amended to read as follows:
16-1502. Service of summons.
(a) The summons provided for by section 16-1501 shall be served 30 days, excluding
Sundays and legal holidays, before the day fixed for the initial hearing of the action. If the
defendant has left the District, or cannot be found, the summons may be served by delivering a
copy of the summons to the tenant, or by leaving a copy with some person above the age of 16
years residing on or in possession of the premises, or by posting a copy of the summons on the
premises where it may be conveniently read.
(b)(1) If the summons is posted on the premises, a copy of the summons shall be mailed
first class U.S. mail, postage prepaid, to the premises sought to be recovered, addressed in the
name of the person known to be in possession of the premises, or, if unknown, addressed in the
name of the person occupying the premises, within 3 calendar days of the date of posting.
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(2) If a summons is served by posting a copy on the premises, a photograph of
the posted summons must be submitted to the court. The photograph must have a readable
timestamp that indicates the date and time when the summons was posted..
Sec. 3. Title V of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-
10; D.C. Official Code 42-3505.01 et seq.), is amended as follows:
(a) Section 501 (D.C. Official Code 42-3505.01) is amended as follows:
(1) Subsection (a) is amended to read as follows:
(a)(1) Except as provided in this section, no tenant shall be evicted from a rental unit,
notwithstanding the expiration of the tenant's lease or rental agreement, so long as the tenant
continues to pay the rent to which the housing provider is entitled for the rental unit; provided,
that the nonpayment of a late fee shall not be the basis for an eviction. No tenant shall be evicted
from a rental unit for any reason unless the tenant has been served with a written notice which
meets the requirements of this section. Notices for all reasons other than for nonpayment of rent
shall be served upon both the tenant and the Rent Administrator.
(2) If a notice is served by posting a copy on the premises, a photograph of the
posted notice must be submitted to the court. The photograph must have a readable timestamp
that indicates the date and time of when the summons was posted.
(3) If the landlord knows the tenant speaks a primary language other than
English or Spanish that is covered under 2-1933, the landlord must provide the notice in that
language.
(4) The Court shall dismiss a claim brought by a housing provider to recover
possession of a rental unit where the housing provider:
(A) Did not provide notice as required by this section;
(B) Filed the claim to recover possession of the rental unit before the
number of days of notice required by this section had elapsed;
(C) In cases where a notice to quit or a summons and complaint are
served by posting on the leased premise, failed to provide the Superior Court of the District of
Columbia with photographic evidence of the posted service with a readable timestamp that
indicates the date and time of when the notice or summons were posted, or
(D) In cases where the landlord knows the tenant speaks a primary
language other than English or Spanish that is covered under 2-1933, failed to provide the
notice required by this section in that language..
(2) Subsection (s) is repealed.
(3) A new subsection (a-1) is added to read as follows:
(a-1) (1) A housing provider shall provide the tenant with notice of the housing
providers intent to file a claim against a tenant to recover possession of a rental unit for the non-
payment of rent at least 30 days before filing the claim.
(2) Notice provided to a tenant shall contain the following or substantively
similar language:
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The total amount of rent owed is [list specific amount due]. A ledger showing
the dates of rent charges and payments for the period of delinquency is attached. You have the
right to remain in the rental unit if the total balance of unpaid rent is paid in full.
[Name of housing provider] has the right to file a case in court seeking your
eviction if you do not pay the balance of unpaid rent in full within 30 days of this notice.
You have the right to defend yourself in court. Only a court can order your
eviction. For further help or to seek free legal services, contact the Office of the Tenant Advocate
at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575..
(3) Subsection (b) is amended to read as follows:
(b) A housing provider may recover possession of a rental unit when the tenant is
violating an obligation of the tenancy, other than nonpayment of rent, and fails to correct the
violation within 30 days after receiving notice from the housing provider.
(4) A new subsection (q) is added to read as follows:
(q) No tenant shall be evicted from a rental unit unless the housing provider provides
documentation to the court at the time of filing a writ of restitution demonstrating that the
housing provider has a current business license for rental housing issued pursuant to 47-
2828(c)(1), unless the court waived the license requirement. The requirements of this subsection
shall not apply to complaints involving subtenants..
(b) New sections 509 and 510 are added to read as follows:
(a) The Superior Court of the District of Columbia (Superior Court) shall seal all court
records relating to an eviction proceeding:
(1) If the eviction proceeding does not result in a judgment for possession in
favor of the housing provider, 30 days after the final resolution of the eviction proceeding; or
(2) If the eviction proceeding results in a judgement for possession in favor of
the housing provider, 3 years after the final resolution of the eviction proceeding.
(b) For court records relating to an eviction proceeding filed before March 11, 2020, the
requirements of subsection (a) of this section shall apply as of January 1, 2022.
(c)(1) The Superior Court shall seal court records relating to an eviction proceeding at
any time, upon a motion by a tenant, if:
(A) The tenant demonstrates by a preponderance of the evidence that:
(i) The housing provider brought the eviction proceeding because
the tenant failed to pay an amount of $600 or less;
(ii) The tenant was evicted from a unit under any federal or
District site-based housing subsidy program, or any federal or District tenant-based housing
subsidy program;
(iii) The housing providers initiation of eviction proceedings
against the tenant was in violation of:
(I) Section 502; or
(II) 2-1402.61);
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(iv) The housing provider failed to timely abate a violation of 14
DCMR 100 et seq. or 12G DCMR 100 et seq. in relation to the defendant tenants rental unit;
(v) The housing provider initiated the eviction proceedings
because of an incident that would constitute a defense to an action for possession under section
501(c-1) or a federal law pertaining to domestic violence, dating violence, sexual assault, or
stalking; or
(vi) The parties entered into a settlement agreement that did not
result in the housing provider recovering possession of the unit; or
(B) The Superior Court determines that there are other grounds justifying
sealing the court records.
(2) An order dismissing, granting, or denying a motion filed under this
subsection shall be a final order for purposes of appeal.
(3)(A) A copy of an order issued under this subsection shall be provided to the
tenant or his or her counsel.
(B) A tenant may obtain a copy of an order issued under this subsection
at any time from the Clerk of the Superior Court, upon presenting proper identification, without a
showing of need.
(d) Records sealed under this section shall be opened:
(1) Upon written request of the tenant; or
(2) On order of the Superior Court upon a showing of compelling need..
(e)(1) The court may release records sealed under this section for scholarly, educational,
journalistic, or governmental purposes upon a balancing of the interests of the tenant for
nondisclosure against the interests of the requesting party; provided, that personally identifiable
information about the tenant, such as the name and address shall only be disclosed after:
(A) Submission of a written request to the court by a researcher;
(B) Approval by the court through the execution of a written data use
agreement that describes the research project;
(C) Documented applicable Institutional Review Board approval;
(D) Provision of documented procedures to protect the confidentiality
and security of the information; and
(E) Provision of documented procedures for data storage and the data
destruction method to be used for the information is provided.
(2)(A) Upon receipt of a request and proof of identity, copies of any record
sealed under this section shall be provided to the following persons, without the public unsealing
of the records and without a showing of need:
(i) The tenant named in the record;
(ii) The tenants counsel; or
(iii) An attorney authorized to practice law in the District of
Columbia who is considering commencing representation of the tenant; provided, that the person
shall:
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(I) Certify to the Courts satisfaction that the tenant has
requested consideration for representation and has authorized the attorneys access to the sealed
records; and
(II) Provide the Court with the persons D.C. bar number
or proof of authorization to practice under Rule 49(c) of the District of Columbia Court of
Appeals.
(B) A person may request records sealed under this section in person at
the Civil Division or by an electronic means designated by the Civil Division.
(C) For purposes of this section, the term records shall include any
information contained in the docket, including the court docket, pleadings, and orders.
(f) Any agreement pursuant to which personally identifiable information contained in a
court record or report is disclosed shall:
(1) Prohibit the re-release of any personally identifiable information without
explicit permission from the court;
(2) Require that the information be used solely for research or administrative
purposes;
(3) Require that the information be used only for the project described in the
application;
(4) Prohibit the use of the information as a basis for legal, administrative, or any
other action that directly affects any individual or institution identifiable from the data;
(5) Set forth the payment, if any, to be provided by the researcher to the court for
the specified research project; and
(6) Require that ownership of data provided under the agreement shall remain
with the court, not the researcher or the research project.
(g) The Superior Court shall not order the redaction of the tenants name from any
published opinion of the trial or appellate courts that refer to a record sealed under this section.
(h)(1) Where a housing provider intentionally bases an adverse action taken against a
prospective tenant on an eviction court record that the housing provider knows to be sealed
pursuant to this section, the prospective tenant may bring a civil action in the Superior Court
within one year after the alleged violation and, upon prevailing, shall be entitled to the following
relief:
(A) Reasonable attorneys fees and costs;
(B) Incidental damages; and
(C) Equitable relief as may be appropriate.
(2) For the purposes of this section, the term adverse action means:
(A) Denial of a prospective tenants rental application; or
(B) Approval of a prospective tenants rental application, subject to terms
or conditions different and less-favorable to the prospective tenant than those included in any
written notice, statement, or advertisement for the rental unit, including written communication
sent directly from the housing provider to a prospective tenant.
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Sec. 510. Tenant screening.
(a) Before requesting any information or fees from a prospective tenant as a part of
tenant screening, a housing provider shall first notify the prospective tenant in writing, or by
posting in a manner accessible to a prospective tenant:
(1) The amount and purpose of each fee or deposit, whether mandatory or
voluntary, that may be charged to a tenant or prospective tenant and whether the fee or deposit is
refundable;
(2) The types of information that will be accessed to conduct a tenant screening;
(3) The specific criteria that will result in automatic denial of the application;
(4) Any additional criteria that may result in denial of the applic