District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0994 Introduced / Bill

Filed 10/09/2024

                     	1 
  1 
Councilmember Anita Bonds                                                             Chairman Phil Mendelson 2 
 3 
 4 
  5 
Councilmember Vincent C. Gray    Councilmember Trayon White, Sr. 6 
 7 8 
  9 
Councilmember Matt Frumin 10 
 11 12 
A BILL 13 
 14 
____________ 15 
 16 
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17 
 18 
____________________ 19 
 20 To amend Section 8f of the Homeless Services Reform Act of 2005 to reform the Emergency 21 
Rental Assistance Program to require specific documentation from tenants establishing 22 
eligibility for Emergency Rental Assistance funds , to clarify the definition of a qualifying 23 
emergency situation; and to amend section 501 of the Rental Housing Act of 1985 to 24 
permit a court to enter a stay, rather than require a court to enter a stay, when a tenant 25 
submits documentation to the court demonstrating that he or she has a pending 26 
Emergency Rental Assistance Program application 27 
 28 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 29 
act may be cited as the “Emergency Rental Assistance Reform Amendment Act of 2024”.  30 
 Sec. 2. Section 8f of the Homeless Services Reform Act of 2005, effective March 10, 31 
2023 (D.C. Law 24-287; D.C. Official Code § 4-753.08), is amended as follows:  32 
 (a) Subsection (a) is amended as follows:  33 
  (1) Paragraph (2)(A) is amended as follows:  34 
  	(A) The lead-in language is amended to read as follows:  35 
 “(2)(A) To qualify for emergency rental assistance funds, an applicant unit shall 36 
be required to document:”.  37   	2 
 (B) Sub-subparagraph (v) is amended by striking the phrase “for 38 
payment.” and inserting the phrase “for payment; and” in its place.  39 
 (C) A new sub-subparagraph (vi) is added to read as follows:  40 
 “(vi) The nature of the emergency situation; provided, that if the 41 
nature of the emergency situation precludes documentation, an unsworn declaration made under 42 
penalty of perjury explaining both the emergency situation and the reason why the applicant unit 43 
does not possess documentation regarding the nature of the emergency situation may be 44 
considered sufficient documentation of proof for this element of an application.”.  45 
 (2) Paragraph (3) is repealed.  46 
 (b) Subsection (d)(3) is amended to read as follows: 47 
 “(3) “Emergency situation” means a situation in which immediate action is 48 
necessary to avoid homelessness or eviction, to re-establish a rental home, or otherwise to 49 
prevent displacement from a rental home, which is the result of an unforeseen or unusual event, 50 
such as the loss of a job or high medical costs, that impacts the applicant unit’s ability to pay rent 51 
and that cannot be resolved without financial assistance.”. 52 
 Sec. 3. Section 501(r) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. 53 
Law 6-10; D.C. Official Code § 42-	3505.01(r)), is amended to read as follows:  54 
 “(r)(1) The court may stay any proceedings for a claim brought by a housing provider to 55 
recover possession of a rental unit for non-	payment of rent if a tenant submits documentation to 56 
the court demonstrating that he or she has a pending Emergency Rental Assistance Program 57 
application; provided, that the court may stay proceedings pursuant to this subsection only once 58 
during the pendency of the case.   59   	3 
 “(2) The proviso in paragraph (1) of this subsection shall not be construed to limit 60 
a court’s discretion to extend or continue a stay.  61 
 “(3) When an eviction that involves non-	payment of rent has been authorized by 62 
the court and a tenant notifies the housing provider that he or she has an approved Emergency 63 
Rental Assistance Program application that would pay the full amount of unpaid rent owed by 64 
the tenant no later than 48 hours prior to the scheduled date and time of the eviction, the housing 65 
provider shall reschedule the eviction for a date no earlier than 3 weeks from the current 66 
scheduled eviction date to allow for the application to be processed, a determination of funding 67 
to be made, and, if the application is approved, funding to be distributed to the housing 68 
provider.”. 69 
 Sec. 4. Fiscal impact statement. 70 
 The Council adopts the fiscal impact statement in the committee report as the fiscal 71 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 72 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 73 
 Sec. 5. Effective date. 74 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 75 
Mayor, action by the Council to override the veto), a 30-	day period of congressional review as 76 
provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 77 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-	206.02(c)(1)), and publication in the District of 78 
Columbia Register. 79