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Chairman Phil Mendelson 3
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A BILL 9
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
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To amend section 16-1501 to provide that the Court may, at its discretion, dismiss a complaint 18
that does not allege sufficient facts or where the person aggrieved has not produced 19
sufficient documentation; to amend Title 16 by adding a new section 16-1502a to entitle 20
plaintiffs in eviction actions for nonpayment of rent to the entry of a protective order 21
requiring the defendant to deposit rent into the Superior Court’s registry; to amend the 22
Rental Housing Act of 1985 to give the Court discretion regarding dismissal of an 23
eviction case, and to allow housing providers to file for an expedited eviction where the 24
tenant or occupant has engaged in or facilitated violent criminal activity on the premises. 25
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27
act may be cited as the “Eviction Reform Amendment Act of 2025”. 28
Sec. 2. Title 16 of the District of Columbia Official Code is amended as follows: 29
(a) Section 16-1501(d) is amended by striking the phrase “the Court shall dismiss the 30
complaint.” and inserting the phrase “the Court may, in its discretion when weighing the 31
prejudice to all parties, dismiss the complaint.” in its place. 32
(b) Section 16-1502(a) is amended by striking the phrase “30 days,” and inserting the 33
phrase “10 days,”. 34
(c) A new Section 16-1502a is added to read as follows: 35
“Sec. 16-1502a. Protective orders and court registry payments. 36
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“(a) At the initial hearing for a complaint for restitution of possession alleging 37
nonpayment of rent, the plaintiff shall be entitled as a matter of right, upon written or oral motion 38
to the Court, to the entry of a protective order requiring the defendant to deposit into the Court’s 39
registry the full monthly rent, in regular monthly intervals, from the initial hearing through the 40
conclusion of the case. If a motion for a protective order is made before the initial hearing, the 41
Court shall rule on the motion no later than the initial hearing date. 42
“(b)(1) Upon the plaintiff’s request for the entry of a protective order pursuant to 43
subsection (a) of this section, the defendant may challenge the amount of the protective order on 44
the basis of: 45
“(A) The rent level having been miscalculated or incorrectly asserted in 46
the plaintiff’s complaint; or 47
“(B) Alleged violations of the District’s property maintenance or housing 48
code. 49
“(2)(A) If the defendant asserts a defense under subparagraph (B) of paragraph (1) 50
of this subsection, the Court shall issue the protective order in an amount required by subsection 51
(a) of this section and thereafter hold a hearing on the asserted defenses. 52
“(B) If, at or after the hearing held pursuant to subparagraph (A) of this 53
paragraph, the Court finds that a defendant has proven the existence of housing or property 54
maintenance code violations, the presence of which justified a lower rent than was required by a 55
protective order entered under subsection (a) of this section, the Court shall, accounting for the 56
nature and duration of the housing or property maintenance code violations, refund any rent paid 57
by the tenant into the Court’s registry above the amount determined to be appropriate by the 58
Court. 59
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“(3) A defendant will reserve the right to assert any other cognizable defense to 60
nonpayment of rent at trial.”. 61
Sec. 3. Title V of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-62
10; D.C. Official Code § 42-3505.01 et seq.), is amended as follows: 63
(a) Section 501 (D.C. Official Code § 42-3505.01) is amended as follows: 64
(1) Subsection (a) is amended as follows: 65
(A) Paragraph (1) is amended to read as follows: 66
“(a)(1) Except as provided in this section and section 501b, no tenant shall be 67
evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental 68
agreement, so long as the tenant continues to pay the rent to which the housing provider is 69
entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for 70
an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has 71
been served with a written notice which meets the requirements of this section; provided, that 72
this shall not apply to evictions under section 501b. Notices for all reasons other than 73
nonpayment of rent shall be served upon both the tenant and the Rent Administrator; provided, 74
that this shall not apply to evictions under section 501b.”. 75
(B) Paragraph (4) is amended by striking the phrase “shall dismiss a 76
claim” and inserting the phrase “may, in its discretion, dismiss a claim” in its place. 77
(b) A new section 501b (D.C. Official Code § 42-3505.01b) is added to read as follows: 78
“Sec. 501b. Expedited evictions for violent criminal activity. 79
“(a) A housing provider may recover possession of a rental unit pursuant to this section 80
where a court of competent jurisdiction has determined that the tenant, or a person occupying the 81
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premises with or in addition to the tenant, has engaged in or facilitated violent criminal activity 82
on the premises. The housing provider shall serve on the tenant a 10-day notice to vacate. 83
“(b) After serving a notice to vacate pursuant to subsection (a) of this section, a housing 84
provider may file a complaint with a court of competent jurisdiction to recover possession of the 85
rental unit. The Court shall set the matter for a hearing, which shall be held on an expedited basis 86
within 20 days following the filing of the complaint. 87
“(c) It shall be a defense to an action for possession under this section if: 88
“(1) The tenant is a victim, or is the parent or guardian of a minor victim, of an 89
intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the 90
Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are 91
the basis for the notice to vacate. 92
“(A) If, as a result of the intrafamily offense or the actions relating to the 93
intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary 94
or civil protection order ordering the respondent to vacate the home, the Court shall not enter a 95
judgment for possession; 96
“(B) If, as a result of the intrafamily offense or the actions relating to the 97
intrafamily offense that is the basis for the notice to vacate, the tenant provides to the Court a 98
copy of a police report written within the preceding 60 days or has filed for but has not received 99
a temporary or civil protection order ordering the respondent to vacate the home, the Court shall 100
have the discretion not to enter a judgment for possession under this section; 101
“(2) The tenant did not know or have reason to know that criminal activity was 102
occurring or would likely occur on the premises; or 103
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“(3) The tenant had done everything that could reasonably be expected under such 104
circumstances to prevent the commission of violent criminal activity, such as requesting the 105
housing provider remove the offending household member’s name from the lease, reporting prior 106
criminal activity to the police, seeking assistance from social service or counseling agencies, or 107
denying permission, if feasible, for the offending household member to reside in the dwelling 108
unit. 109
“(d) If it is determined by a preponderance of the evidence that the tenant or occupant has 110
engaged in or facilitated violent criminal activity, the Court shall enter a final judgment for 111
possession and issue a writ of restitution that mandates the eviction of the tenant or occupant 112
within 20 days. 113
“(e) For purposes of this section, the term: 114
“(1) “Occupant” means a person authorized by the tenant or housing provider to 115
be on the premises of the rental unit. 116
“(2) “Premises” means a rental unit, its appurtenances, and the building, and the 117
grounds, areas, and facilities held out for the use of tenants generally. 118
“(3) “Rental unit” means an apartment, room, or part of a publicly or privately 119
owned housing accommodation that is rented or offered for rent for residential occupancy. 120
“(4) “Violent criminal activity” means a “dangerous crime” as defined in D.C. 121
Official Code § 23-1331(3) or a “crime of violence” as defined in D.C. Official Code § 23-122
1331(4).”. 123
Sec. 4. Fiscal impact statement. 124
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The Council adopts the fiscal impact statement in the committee report as the fiscal 125
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127
Sec. 5. Effective date. 128
This act shall take effect following approval by the Mayor (or in the event of veto by the 129
Mayor, action by Council to override the veto), a 30-day period of congressional review as 130
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 131
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 132
Columbia Register. 133
2
“(a) At the initial hearing for a complaint for restitution of possession alleging 37
nonpayment of rent, the plaintiff shall be entitled as a matter of right, upon written or oral motion 38
to the Court, to the entry of a protective order requiring the defendant to deposit into the Court’s 39
registry the full monthly rent, in regular monthly intervals, from the initial hearing through the 40
conclusion of the case. If a motion for a protective order is made before the initial hearing, the 41
Court shall rule on the motion no later than the initial hearing date. 42
“(b)(1) Upon the plaintiff’s request for the entry of a protective order pursuant to 43
subsection (a) of this section, the defendant may challenge the amount of the protective order on 44
the basis of: 45
“(A) The rent level having been miscalculated or incorrectly asserted in 46
the plaintiff’s complaint; or 47
“(B) Alleged violations of the District’s property maintenance or housing 48
code. 49
“(2)(A) If the defendant asserts a defense under subparagraph (B) of paragraph (1) 50
of this subsection, the Court shall issue the protective order in an amount required by subsection 51
(a) of this section and thereafter hold a hearing on the asserted defenses. 52
“(B) If, at or after the hearing held pursuant to subparagraph (A) of this 53
paragraph, the Court finds that a defendant has proven the existence of housing or property 54
maintenance code violations, the presence of which justified a lower rent than was required by a 55
protective order entered under subsection (a) of this section, the Court shall, accounting for the 56
nature and duration of the housing or property maintenance code violations, refund any rent paid 57
by the tenant into the Court’s registry above the amount determined to be appropriate by the 58
Court. 59
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“(3) A defendant will reserve the right to assert any other cognizable defense to 60
nonpayment of rent at trial.”. 61
Sec. 3. Title V of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-62
10; D.C. Official Code § 42-3505.01 et seq.), is amended as follows: 63
(a) Section 501 (D.C. Official Code § 42-3505.01) is amended as follows: 64
(1) Subsection (a) is amended as follows: 65
(A) Paragraph (1) is amended to read as follows: 66
“(a)(1) Except as provided in this section and section 501b, no tenant shall be 67
evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental 68
agreement, so long as the tenant continues to pay the rent to which the housing provider is 69
entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for 70
an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has 71
been served with a written notice which meets the requirements of this section; provided, that 72
this shall not apply to evictions under section 501b. Notices for all reasons other than 73
nonpayment of rent shall be served upon both the tenant and the Rent Administrator; provided, 74
that this shall not apply to evictions under section 501b.”. 75
(B) Paragraph (4) is amended by striking the phrase “shall dismiss a 76
claim” and inserting the phrase “may, in its discretion, dismiss a claim” in its place. 77
(b) A new section 501b (D.C. Official Code § 42-3505.01b) is added to read as follows: 78
“Sec. 501b. Expedited evictions for violent criminal activity. 79
“(a) A housing provider may recover possession of a rental unit pursuant to this section 80
where a court of competent jurisdiction has determined that the tenant, or a person occupying the 81
4
premises with or in addition to the tenant, has engaged in or facilitated violent criminal activity 82
on the premises. The housing provider shall serve on the tenant a 10-day notice to vacate. 83
“(b) After serving a notice to vacate pursuant to subsection (a) of this section, a housing 84
provider may file a complaint with a court of competent jurisdiction to recover possession of the 85
rental unit. The Court shall set the matter for a hearing, which shall be held on an expedited basis 86
within 20 days following the filing of the complaint. 87
“(c) It shall be a defense to an action for possession under this section if: 88
“(1) The tenant is a victim, or is the parent or guardian of a minor victim, of an 89
intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the 90
Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are 91
the basis for the notice to vacate. 92
“(A) If, as a result of the intrafamily offense or the actions relating to the 93
intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary 94
or civil protection order ordering the respondent to vacate the home, the Court shall not enter a 95
judgment for possession; 96
“(B) If, as a result of the intrafamily offense or the actions relating to the 97
intrafamily offense that is the basis for the notice to vacate, the tenant provides to the Court a 98
copy of a police report written within the preceding 60 days or has filed for but has not received 99
a temporary or civil protection order ordering the respondent to vacate the home, the Court shall 100
have the discretion not to enter a judgment for possession under this section; 101
“(2) The tenant did not know or have reason to know that criminal activity was 102
occurring or would likely occur on the premises; or 103
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“(3) The tenant had done everything that could reasonably be expected under such 104
circumstances to prevent the commission of violent criminal activity, such as requesting the 105
housing provider remove the offending household member’s name from the lease, reporting prior 106
criminal activity to the police, seeking assistance from social service or counseling agencies, or 107
denying permission, if feasible, for the offending household member to reside in the dwelling 108
unit. 109
“(d) If it is determined by a preponderance of the evidence that the tenant or occupant has 110
engaged in or facilitated violent criminal activity, the Court shall enter a final judgment for 111
possession and issue a writ of restitution that mandates the eviction of the tenant or occupant 112
within 20 days. 113
“(e) For purposes of this section, the term: 114
“(1) “Occupant” means a person authorized by the tenant or housing provider to 115
be on the premises of the rental unit. 116
“(2) “Premises” means a rental unit, its appurtenances, and the building, and the 117
grounds, areas, and facilities held out for the use of tenants generally. 118
“(3) “Rental unit” means an apartment, room, or part of a publicly or privately 119
owned housing accommodation that is rented or offered for rent for residential occupancy. 120
“(4) “Violent criminal activity” means a “dangerous crime” as defined in D.C. 121
Official Code § 23-1331(3) or a “crime of violence” as defined in D.C. Official Code § 23-122
1331(4).”. 123
Sec. 4. Fiscal impact statement. 124
6
The Council adopts the fiscal impact statement in the committee report as the fiscal 125
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127
Sec. 5. Effective date. 128
This act shall take effect following approval by the Mayor (or in the event of veto by the 129
Mayor, action by Council to override the veto), a 30-day period of congressional review as 130
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 131
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 132
Columbia Register. 133