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AN ACT
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend, on an emergency basis, the Coronavirus Support Temporary Amendment Act of 2021
to update certification for utility disconnection relief criteria; to amend Title 16 of the
D.C. Official Code to remove requirements for housing providers to apply for STAY DC
and to allow tenants to declare financial or medical hardship incurred during the public
emergency as a defense in an eviction case; to amend the Rental Housing Act of 1985 to
allow legal services providers to receive unredacted notices filed with the Rent
Administrator upon request, to update notice requirements for non-payment of rent, and
to create a tenant financial or medical hardship declaration form that must be attached to
the notice for non-payment of rent; and to amend the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 to clarify the Council Chairmans authority
to enforce the mandatory vaccination requirement adopted by the Council.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Tenant Safe Harbor Emergency Amendment Act of 2021.
Sec. 2. Section 307 of the Coronavirus Support Temporary Amendment Act of 2021,
effective June 24, 2021 (D.C. Law 24-9; 68 DCR 4824), is amended as follows:
(a) Subsection (i) is amended to read as follows:
(i) Subsections (b) and (f) of this section shall expire on October 27, 2021.
(b) Subsection (j) is amended to read as follows:
(j)(1) After October 12, 2021, and except as otherwise prohibited by subsections (b) and
(f) of this section, a company shall not disconnect, suspend, or degrade service, for non-payment
of a bill, any fees for service or equipment, or any other charges, if:
(A) The company has failed to engage the customer as required under
subsection (k) of this section;
(B) The customer owes less than $600;
(C) The customer has entered into a payment plan with the company and
either is meeting the terms of the payment plan or is less than 2 months behind under the terms
of the
payment plan;
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(D) Prior to October 12, 2021, the customer has requested to enter into a
payment plan with the company and fewer than 45 days have elapsed following the customers
initial request; or
(E) The Mayor has certified or the customer has provided documentary
evidence that the customer qualifies for utility disconnection relief and not more than 90 days
have elapsed since October 12, 2021.
(2) For purposes of paragraph (1)(E) of this subsection, the Mayor shall certify
that an individual is qualified for utility disconnection relief if the individual:
(A) Within the prior 6 months, received or was approved for a benefit
under the Low-Income Home Energy Assistance Program (LIHEAP), Utility Discount
Program (UDP), DC Water Customer Assistance Program (CAP), or STAY DC Program;
(B) Is receiving a benefit under the Supplemental Nutrition Assistance
Program (SNAP) or Temporary Assistance for Needy Families (TANF) program; or
(C) Is 21 years of age or older and receiving a benefit under Medicaid or
the DC Healthcare Alliance.
(3)(A) By September 13, 2021, the Mayor shall provide notice to each individual
certified as qualified for utility disconnection relief pursuant to paragraph (2) of this subsection.
(B) By September 27, 2021, and every 4 weeks thereafter until January 1,
2022, the Mayor shall provide companies and the Office of the Peoples Counsel (OPC) with a
list of each individual certified as qualified for utility disconnection relief, including the
individuals home address. The list shall be property of the District and shall only be used to
determine that an individual on the list is qualified for relief from utility disconnection and to
communicate that to affected households and companies as needed.
(4) A company shall consider a customer as certified as qualified for utility
disconnection relief under this subsection where:
(A) The customers name is included on the list provided to a company
under paragraph (3)(B) of this subsection;
(B) The customers home address is included on the list provided to a
company under paragraph (3)(B) of this subsection, but the name of the individual certified does
not match the name of the customer on the account; or
(C) The customer provides the company with a copy of the notice of
certification provided by the Mayor under paragraph (3)(A) of this subsection by mail, email,
fax, or other reasonable method.
(5) By August 9, 2021, the Mayor shall, pursuant to Title I of the District of
Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.
Official Code 2-501 et seq.), promulgate emergency rules to implement this subsection,
including guidance on the Districts and the companies responsibilities under this subsection..
(c) Subsection (p)(1) is amended to read as follows:
(1) Payment assistance programs shall mean LIHEAP, UDP, or CAP..
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Sec. 3. Tenant Safe Harbor for Financial Hardship.
(a) Title 16 of the District of Columbia Official Code is amended as follows:
(1) Section 16-1501 is amended to read as follows:
16-1501. Definition; summons.
(a) When a person detains possession of real property without right, or after his right to
possession has ceased, the Superior Court of the District of Columbia, on complaint under oath
verified by the person aggrieved by the detention, or by his agent or attorney having knowledge
of the facts, may issue a summons in English and Spanish to the party complained of to appear
and show cause why judgment should not be given against him for the restitution of possession.
(b) 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. Nothing in this
subsection shall prevent the person aggrieved from filing a complaint to recover the amount
owed.
(c)(1) Prior to January 1, 2022, the person aggrieved shall not file a complaint seeking
relief pursuant to this section, except when:
(A) The complaint alleges that the tenants 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, or residents of immediately
adjacent properties, 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;
(B) The complaint alleges that the tenant has willfully or wantonly
caused significant damage to the unit, building, premises, or property of the housing provider; or
(C) The complaint alleges non-payment of rent, the complaint was filed
on or after October 12, 2021, and the person aggrieved provides documentation at the time of
filing demonstrating that:
(i) He or she has applied for emergency rental assistance
through the STAY DC program on behalf of the tenant, or initiated the application on behalf of
the tenant by completing all landlord portions of the application, the tenant has been notified in
writing of the application, and the housing provider is eligible to seek possession pursuant to
42-3505.01(b-1)(1); and
(ii) The tenant has been served with a written notice which
meets the requirements of 42-3505.01(b-1)(2)(A) and all other requirements under District law.
(2) It shall be a dispositive affirmative defense requiring dismissal of a complaint
for non-payment of rent filed between October 12, 2021, and December 31, 2021, if a tenant can
demonstrate with substantial evidence provided through testimony that:
(A) The housing provider did not pursue rental assistance as required
timely or in good faith;
(B) The tenant did not receive notice of the rental assistance application;
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(C) The housing provider did not provide a notice that meets the
requirements of 42-3505.01(b-1)(2)(A), and all other requirements under District of Columbia
law;
(D) The tenant or their authorized representative submitted an application
for emergency rental assistance prior to or during the 60 days after receiving a past due rent
notice, and that application is still pending, approved and awaiting payment, or under appeal;
(E) The housing provider has not met the requirements of 42-
3505.01(b-1)(1); or
(F) For complaints that involve rent arrears accrued since March 11,
2020, the landlord did not offer or negotiate a payment plan in good faith pursuant to 42-3281
at any time since March 11, 2020.
(3) For complaints filed pursuant to paragraph (1)(B) of this subsection, it shall
be a dispositive affirmative defense requiring dismissal of a complaint if a tenant can
demonstrate with substantial evidence that the housing provider willfully or negligently
contributed to the significant damage of the unit, premises, building, or property that are the
subject of the complaint.
(4)(A) For complaints filed pursuant to paragraph (1)(C) of this subsection that
allege non-payment of rent during the COVID-19 covered period, a tenant shall have the right to
raise financial or medical hardship during the covered period as a defense. In determining
whether a tenant has suffered a financial or medical hardship, the court shall consider, among
other relevant factors, the following:
(i) Whether the tenants income prior to or during the COVID-19
covered period was below 40 percent area median income;
(ii) Whether the tenant experienced reductions in income during
the COVID-19 covered period due to factors such as temporary or permanent job loss, reduced
work hours, reductions in business revenue, or reductions in financial assistance;
(iii) Whether the tenant experienced increased expenses during
the COVID-19 covered period due to factors such as COVID-19-related medical care or
increased childcare costs;
(iv) Whether the tenant is currently eligible or was eligible for
cash assistance, supplemental nutrition assistance program (food stamps), supplemental security
income (SSI), Medicaid or DC Healthcare Alliance, or unemployment insurance or benefits
during the COVID-19 covered period.
(v) Whether vacating the premises and moving into new
permanent housing would pose a significant health risk because the tenant or one or more
members of the tenants household have an increased risk for severe illness or death from
COVID-19 due to being over the age of 65, having a disability or having an underlying medical
condition, which may include but is not limited to being immunocompromised.
(B)(i) If the court finds the tenant has established a financial or medical
hardship defense pursuant to subparagraph (A) of this paragraph, the court shall not enter a
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judgment for possession against the tenant. A tenant may establish a financial hardship defense
by submitting a financial hardship declaration to the court or by providing testimony,
documentation, or other evidence of the factors in subparagraph (A) of this paragraph to the
court. Nothing in this subsection shall prevent the court from entering a money judgment when
the housing provider meets all other requirements under District law for the entry of a money
judgment.
(ii) If a money judgment is entered and the tenant remains in
possession of the rental unit, any subsequent payment from the tenant to the housing provider
will be credited first to rent due before or after the COVID-19 covered period and any other
charges or fees currently due. Nothing in this subsection shall prevent a housing provider from
using any mechanism authorized under District law to collect on the money judgment, or a
housing provider or a tenant from applying for rental assistance for the months of rent covered
by a money judgment, so long as the tenant remains in possession of the rental unit.
(5) For purposes of this subsection, the term:
(A) Act of violence shall have the same meaning as crime of
violence as provided in 23-1331(4).
(B) Assault shall be construed according to 22-404.
(C) COVID-19 covered period means March 11, 2020, until such time
as the Mayor declares an end to the COVID-19 public emergency extended by Mayors Order
2021-119, or any subsequent extension of the public emergency.
(D) Significant damage includes large holes in the walls of the
unit that cannot be repaired with plaster and paint, destruction of major building systems such as
electric or plumbing, destruction of appliances such as ovens, refrigerators or dish washing
machines in the unit, or damage to large areas of flooring such that the housing provider will
have to replace the damaged flooring.
(E) Threat shall be construed according to 22-407.
(F) Unlawful possession of a firearm shall be construed according to
22-4503.
(6) 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.
(7) No tenant shall be evicted from a rental unit based on a complaint filed under
this subsection unless the court determines by a preponderance of the evidence that the alleged
violation of an obligation of tenancy meets all of the requirements of this subsection.
(8) At the initial hearing for any complaint for non-payment of rent, if the
complaint does not allege sufficient facts or the person aggrieved has not produced sufficient
documentation to meet all pre-filing requirements under District law, the Court shall dismiss the
complaint.
(d)(1) The person aggrieved shall not file a complaint seeking restitution of possession
pursuant to this section without a valid registration or claim or exemption issued pursuant to
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42-3502.05, and a current license for rental housing issued pursuant to 47-2828(c)(1) presented
at the time of filing.
(2) The Court may waive the requirements for a current license for rental
housing in this subsection if the person aggrieved can demonstrate that the housing provider for
the housing accommodation was unable to obtain or renew a current rental housing license due
to extenuating circumstances.
(3) The requirements of this subsection shall not apply to complaints involving
subtenants.
(e) The person aggrieved shall not file a complaint pursuant seeking relief pursuant to
this section based on consistent late payment of rent by a tenant occurring between the dates of
March 11, 2020, and 60 days after the expiration of the public health emergency declared in
response to the novel 2019 coronavirus (SARS CoV-2).
(f) Subsections (b), (c), (d), and (e) of this section shall not apply to complaints
involving commercial tenants..
(2) Section 16-1503 is amended to read as follows:
16-1503. Judgment and execution for possession.
When, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is
entitled to the possession of the premises, judgment and execution for the possession shall be
awarded in his favor, with costs, except when the court finds the residential tenant has
established a financial or medical hardship defense under 16-1501(c)(4)(A); and if the plaintiff
becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment
and execution for his costs..
(b) Section 501 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-
10; D.C. Official Code 42-3505.01), is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
(1) Except as provided in this section, no tenant shall be evicted from a rental
unit, notwithstanding the expiration of the tenants 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 to vacate for all reasons other than
for nonpayment of rent shall be served upon both the tenant and the Rent Administrator. All
notices to vacate shall contain a statement detailing the reasons for the eviction, and if the
housing accommodation is required to be registered by this chapter, a statement that the housing
accommodation is registered with the Rent Administrator. The Rent Administrator shall provide
unredacted copies of any such notices to any legal services provider upon request..
(B) Paragraph (2) is amended by striking the phase summons and
inserting the word notice in its place.
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(2) Subsection (a-1)(C) is amended by striking the phrase when the summons
was posted and inserting the phrase when the summons or notice was posted in its place.
(3) Subsection (b-1) is amended to read as follows:
(b-1)(1) On or after October 12, 2021, a housing provider may recover possession of a
rental unit for nonpayment of rent when the past due rent is equal to more than $600 and any of
the following applies:
(A) The tenant fails to submit an emergency rental assistance application
within 60 days of receiving a notice of past due rent;
(B) The tenants application for emergency rental assistance was denied,
or the application was approved with a balance of equal to or greater than $600 remaining
unpaid, and the tenant and housing provider have not established a rent payment plan pursuant to
section 402 of the Coronavirus