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