Bill Summary – FastDemocracy

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                                                                         Chairman Phil Mendelson

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                                              A BILL

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                       IN 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 the 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 person aggrieved shall not file a

       complaint seeking restitution of possession without a current rental housing license; and

       to amend the Rental Housing Act of 1985 to provide that a housing provider shall not

       make an inquiry about, require the prospective tenant to disclose or reveal, or base an

       adverse action on certain criteria, to require a housing provider to provide written notice

       to a prospective tenant of the housing providers basis for taking adverse action against

       the prospective tenant, and to provide the tenant an opportunity to dispute the information

       forming the basis of the housing providers adverse action.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Eviction Protections and Tenant Screening Amendment Act of 2021.

        Sec. 2. Section 16-1501 of the District of Columbia Official Code is amended by adding

 new subsections (c) and (d) to read as follows:

        (c) The 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; except, that the

 person aggrieved may file a complaint to recover the amount owed.

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           (d)(1) The person aggrieved shall not file a complaint seeking restitution of possession

 pursuant to this section without a current license for rental housing issued pursuant to D.C.

 Official Code  47-2828(c)(1).

                  (2) The person aggrieved shall provide documentation of a current license for

 rental housing under paragraph (1) at the time of filing..

           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 by adding a new section 510 to read as

 follows:

           Sec. 510. Tenant screening.

           (a) Before requesting any information 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 prospective tenants:

                  (1) The types of information that will be accessed to conduct a tenant screening;

                  (2) The criteria that may result in denial of the application; and

                  (3) If a credit or consumer report is used, the name and contact information of

 the credit or consumer reporting agency and a statement of the prospective tenants rights to

 obtain a free copy of the credit or consumer report in the event of a denial or other adverse

 action.

           (b) For the purposes of tenant screening, a housing provider shall not make an inquiry

 about, require the prospective tenant to disclose or reveal, or base an adverse action on:

                  (1) Whether a previous action to recover possession from the prospective tenant

 occurred if the action:

                           (A) Did not result in a judgment for possession in favor of the housing

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 provider; or

                          (B) Was filed 3 or more years ago.

                  (2) Any allegation of a breach of lease by the prospective tenant if the alleged

 breach:

                          (A) Stemmed from an incident that the prospective tenant demonstrates

 would constitute a defense to an action for possession under section 501(c-1) or federal law

 pertaining to domestic violence, dating violence, sexual assault, or stalking; or

                          (B) Took place 3 or more years ago.

           (c) A housing provider shall not base an adverse action solely on a prospective tenants

 credit score, although information within a credit or consumer report directly relevant to fitness

 as a tenant can be relied upon by a housing provider.

           (d) If a housing provider takes an adverse action, he or she shall provide a written notice

 of the adverse action to the prospective tenant that shall include:

                  (1) The specific grounds for the adverse action;

                  (2) A copy or summary of any information obtained from a third-party that

 formed a basis for the adverse action; and

                  (3) A statement informing the prospective tenant of his or her right to dispute the

 accuracy of any information upon which the housing provider relied in making his or her

 determination.

           (e) After receipt of a notice of an adverse action, a prospective tenant may provide to

 the housing provider any evidence that information relied upon by the housing provider is:

                  (A) Inaccurate or incorrectly attributed to the prospective tenant; or

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                (B) Based upon prohibited criteria under subsection (b) or subsection (c) of this

 section.

                (2) The housing provider shall provide a written response, which may be by

 mail, electronic mail, or in person, to the prospective tenant with respect to any information

 provided under this subsection within 30 business days after receipt of the information from the

 prospective tenant.

                (3) Nothing in this subsection shall be construed to prohibit the housing provider

 from leasing a housing rental unit to other prospective tenants.

        (f) Any housing provider who knowingly violates any provision of this section, or any

 rules issued to implement this section, shall be subject to a civil penalty for each violation not to

 exceed $1,000.

        (g) For the purposes of this section, the term:

                (1) 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.

                (2) Tenant screening means any process used by a housing provider to

 evaluate the fitness of a prospective tenant..

        Sec. 4. 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

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 October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Sec. 5. 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), a 30-day period of congressional review as

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973, (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.

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