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| 5 | 5 | | 2 |
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| 6 | 6 | | Chairman Phil Mendelson 3 |
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| 8 | 8 | | 5 |
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| 9 | 9 | | 6 |
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| 10 | 10 | | 7 |
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| 11 | 11 | | 8 |
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| 12 | 12 | | A BILL 9 |
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| 13 | 13 | | 10 |
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| 14 | 14 | | 11 |
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| 15 | 15 | | 12 |
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| 16 | 16 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13 |
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| 17 | 17 | | 14 |
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| 18 | 18 | | 15 |
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| 19 | 19 | | 16 |
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| 20 | 20 | | 17 |
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| 21 | 21 | | To amend section 16-1501 to provide that the Court may, at its discretion, dismiss a complaint 18 |
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| 22 | 22 | | that does not allege sufficient facts or where the person aggrieved has not produced 19 |
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| 23 | 23 | | sufficient documentation; to amend Title 16 by adding a new section 16-1502a to entitle 20 |
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| 24 | 24 | | plaintiffs in eviction actions for nonpayment of rent to the entry of a protective order 21 |
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| 25 | 25 | | requiring the defendant to deposit rent into the Superior Court’s registry; to amend the 22 |
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| 26 | 26 | | Rental Housing Act of 1985 to give the Court discretion regarding dismissal of an 23 |
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| 27 | 27 | | eviction case, and to allow housing providers to file for an expedited eviction where the 24 |
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| 28 | 28 | | tenant or occupant has engaged in or facilitated violent criminal activity on the premises. 25 |
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| 29 | 29 | | 26 |
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| 30 | 30 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27 |
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| 31 | 31 | | act may be cited as the “Eviction Reform Amendment Act of 2025”. 28 |
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| 32 | 32 | | Sec. 2. Title 16 of the District of Columbia Official Code is amended as follows: 29 |
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| 33 | 33 | | (a) Section 16-1501(d) is amended by striking the phrase “the Court shall dismiss the 30 |
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| 34 | 34 | | complaint.” and inserting the phrase “the Court may, in its discretion when weighing the 31 |
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| 35 | 35 | | prejudice to all parties, dismiss the complaint.” in its place. 32 |
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| 36 | 36 | | (b) Section 16-1502(a) is amended by striking the phrase “30 days,” and inserting the 33 |
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| 37 | 37 | | phrase “10 days,”. 34 |
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| 38 | 38 | | (c) A new Section 16-1502a is added to read as follows: 35 |
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| 39 | 39 | | “Sec. 16-1502a. Protective orders and court registry payments. 36 |
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| 40 | 40 | | 2 |
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| 41 | 41 | | |
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| 42 | 42 | | “(a) At the initial hearing for a complaint for restitution of possession alleging 37 |
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| 43 | 43 | | nonpayment of rent, the plaintiff shall be entitled as a matter of right, upon written or oral motion 38 |
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| 44 | 44 | | to the Court, to the entry of a protective order requiring the defendant to deposit into the Court’s 39 |
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| 45 | 45 | | registry the full monthly rent, in regular monthly intervals, from the initial hearing through the 40 |
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| 46 | 46 | | conclusion of the case. If a motion for a protective order is made before the initial hearing, the 41 |
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| 47 | 47 | | Court shall rule on the motion no later than the initial hearing date. 42 |
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| 48 | 48 | | “(b)(1) Upon the plaintiff’s request for the entry of a protective order pursuant to 43 |
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| 49 | 49 | | subsection (a) of this section, the defendant may challenge the amount of the protective order on 44 |
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| 50 | 50 | | the basis of: 45 |
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| 51 | 51 | | “(A) The rent level having been miscalculated or incorrectly asserted in 46 |
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| 52 | 52 | | the plaintiff’s complaint; or 47 |
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| 53 | 53 | | “(B) Alleged violations of the District’s property maintenance or housing 48 |
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| 54 | 54 | | code. 49 |
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| 55 | 55 | | “(2)(A) If the defendant asserts a defense under subparagraph (B) of paragraph (1) 50 |
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| 56 | 56 | | of this subsection, the Court shall issue the protective order in an amount required by subsection 51 |
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| 57 | 57 | | (a) of this section and thereafter hold a hearing on the asserted defenses. 52 |
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| 58 | 58 | | “(B) If, at or after the hearing held pursuant to subparagraph (A) of this 53 |
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| 59 | 59 | | paragraph, the Court finds that a defendant has proven the existence of housing or property 54 |
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| 60 | 60 | | maintenance code violations, the presence of which justified a lower rent than was required by a 55 |
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| 61 | 61 | | protective order entered under subsection (a) of this section, the Court shall, accounting for the 56 |
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| 62 | 62 | | nature and duration of the housing or property maintenance code violations, refund any rent paid 57 |
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| 63 | 63 | | by the tenant into the Court’s registry above the amount determined to be appropriate by the 58 |
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| 64 | 64 | | Court. 59 |
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| 65 | 65 | | 3 |
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| 66 | 66 | | |
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| 67 | 67 | | “(3) A defendant will reserve the right to assert any other cognizable defense to 60 |
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| 68 | 68 | | nonpayment of rent at trial.”. 61 |
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| 69 | 69 | | Sec. 3. Title V of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-62 |
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| 70 | 70 | | 10; D.C. Official Code § 42-3505.01 et seq.), is amended as follows: 63 |
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| 71 | 71 | | (a) Section 501 (D.C. Official Code § 42-3505.01) is amended as follows: 64 |
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| 72 | 72 | | (1) Subsection (a) is amended as follows: 65 |
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| 73 | 73 | | (A) Paragraph (1) is amended to read as follows: 66 |
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| 74 | 74 | | “(a)(1) Except as provided in this section and section 501b, no tenant shall be 67 |
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| 75 | 75 | | evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental 68 |
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| 76 | 76 | | agreement, so long as the tenant continues to pay the rent to which the housing provider is 69 |
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| 77 | 77 | | entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for 70 |
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| 78 | 78 | | an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has 71 |
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| 79 | 79 | | been served with a written notice which meets the requirements of this section; provided, that 72 |
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| 80 | 80 | | this shall not apply to evictions under section 501b. Notices for all reasons other than 73 |
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| 81 | 81 | | nonpayment of rent shall be served upon both the tenant and the Rent Administrator; provided, 74 |
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| 82 | 82 | | that this shall not apply to evictions under section 501b.”. 75 |
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| 83 | 83 | | (B) Paragraph (4) is amended by striking the phrase “shall dismiss a 76 |
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| 84 | 84 | | claim” and inserting the phrase “may, in its discretion, dismiss a claim” in its place. 77 |
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| 85 | 85 | | (b) A new section 501b (D.C. Official Code § 42-3505.01b) is added to read as follows: 78 |
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| 86 | 86 | | “Sec. 501b. Expedited evictions for violent criminal activity. 79 |
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| 87 | 87 | | “(a) A housing provider may recover possession of a rental unit pursuant to this section 80 |
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| 88 | 88 | | where a court of competent jurisdiction has determined that the tenant, or a person occupying the 81 |
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| 89 | 89 | | 4 |
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| 90 | 90 | | |
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| 91 | 91 | | premises with or in addition to the tenant, has engaged in or facilitated violent criminal activity 82 |
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| 92 | 92 | | on the premises. The housing provider shall serve on the tenant a 10-day notice to vacate. 83 |
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| 93 | 93 | | “(b) After serving a notice to vacate pursuant to subsection (a) of this section, a housing 84 |
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| 94 | 94 | | provider may file a complaint with a court of competent jurisdiction to recover possession of the 85 |
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| 95 | 95 | | rental unit. The Court shall set the matter for a hearing, which shall be held on an expedited basis 86 |
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| 96 | 96 | | within 20 days following the filing of the complaint. 87 |
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| 97 | 97 | | “(c) It shall be a defense to an action for possession under this section if: 88 |
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| 98 | 98 | | “(1) The tenant is a victim, or is the parent or guardian of a minor victim, of an 89 |
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| 99 | 99 | | intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the 90 |
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| 100 | 100 | | Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are 91 |
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| 101 | 101 | | the basis for the notice to vacate. 92 |
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| 102 | 102 | | “(A) If, as a result of the intrafamily offense or the actions relating to the 93 |
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| 103 | 103 | | intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary 94 |
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| 104 | 104 | | or civil protection order ordering the respondent to vacate the home, the Court shall not enter a 95 |
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| 105 | 105 | | judgment for possession; 96 |
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| 106 | 106 | | “(B) If, as a result of the intrafamily offense or the actions relating to the 97 |
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| 107 | 107 | | intrafamily offense that is the basis for the notice to vacate, the tenant provides to the Court a 98 |
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| 108 | 108 | | copy of a police report written within the preceding 60 days or has filed for but has not received 99 |
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| 109 | 109 | | a temporary or civil protection order ordering the respondent to vacate the home, the Court shall 100 |
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| 110 | 110 | | have the discretion not to enter a judgment for possession under this section; 101 |
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| 111 | 111 | | “(2) The tenant did not know or have reason to know that criminal activity was 102 |
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| 112 | 112 | | occurring or would likely occur on the premises; or 103 |
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| 113 | 113 | | 5 |
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| 114 | 114 | | |
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| 115 | 115 | | “(3) The tenant had done everything that could reasonably be expected under such 104 |
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| 116 | 116 | | circumstances to prevent the commission of violent criminal activity, such as requesting the 105 |
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| 117 | 117 | | housing provider remove the offending household member’s name from the lease, reporting prior 106 |
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| 118 | 118 | | criminal activity to the police, seeking assistance from social service or counseling agencies, or 107 |
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| 119 | 119 | | denying permission, if feasible, for the offending household member to reside in the dwelling 108 |
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| 120 | 120 | | unit. 109 |
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| 121 | 121 | | “(d) If it is determined by a preponderance of the evidence that the tenant or occupant has 110 |
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| 122 | 122 | | engaged in or facilitated violent criminal activity, the Court shall enter a final judgment for 111 |
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| 123 | 123 | | possession and issue a writ of restitution that mandates the eviction of the tenant or occupant 112 |
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| 124 | 124 | | within 20 days. 113 |
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| 125 | 125 | | “(e) For purposes of this section, the term: 114 |
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| 126 | 126 | | “(1) “Occupant” means a person authorized by the tenant or housing provider to 115 |
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| 127 | 127 | | be on the premises of the rental unit. 116 |
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| 128 | 128 | | “(2) “Premises” means a rental unit, its appurtenances, and the building, and the 117 |
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| 129 | 129 | | grounds, areas, and facilities held out for the use of tenants generally. 118 |
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| 130 | 130 | | “(3) “Rental unit” means an apartment, room, or part of a publicly or privately 119 |
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| 131 | 131 | | owned housing accommodation that is rented or offered for rent for residential occupancy. 120 |
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| 132 | 132 | | “(4) “Violent criminal activity” means a “dangerous crime” as defined in D.C. 121 |
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| 133 | 133 | | Official Code § 23-1331(3) or a “crime of violence” as defined in D.C. Official Code § 23-122 |
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| 134 | 134 | | 1331(4).”. 123 |
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| 135 | 135 | | Sec. 4. Fiscal impact statement. 124 |
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| 136 | 136 | | 6 |
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| 137 | 137 | | |
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| 138 | 138 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 125 |
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| 139 | 139 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126 |
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| 140 | 140 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127 |
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| 141 | 141 | | Sec. 5. Effective date. 128 |
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| 142 | 142 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 129 |
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| 143 | 143 | | Mayor, action by Council to override the veto), a 30-day period of congressional review as 130 |
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| 144 | 144 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 131 |
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| 145 | 145 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 132 |
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| 146 | 146 | | Columbia Register. 133 |
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| 147 | 147 | | 2 |
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| 148 | 148 | | |
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| 149 | 149 | | “(a) At the initial hearing for a complaint for restitution of possession alleging 37 |
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| 150 | 150 | | nonpayment of rent, the plaintiff shall be entitled as a matter of right, upon written or oral motion 38 |
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| 151 | 151 | | to the Court, to the entry of a protective order requiring the defendant to deposit into the Court’s 39 |
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| 152 | 152 | | registry the full monthly rent, in regular monthly intervals, from the initial hearing through the 40 |
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| 153 | 153 | | conclusion of the case. If a motion for a protective order is made before the initial hearing, the 41 |
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| 154 | 154 | | Court shall rule on the motion no later than the initial hearing date. 42 |
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| 155 | 155 | | “(b)(1) Upon the plaintiff’s request for the entry of a protective order pursuant to 43 |
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| 156 | 156 | | subsection (a) of this section, the defendant may challenge the amount of the protective order on 44 |
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| 157 | 157 | | the basis of: 45 |
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| 158 | 158 | | “(A) The rent level having been miscalculated or incorrectly asserted in 46 |
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| 159 | 159 | | the plaintiff’s complaint; or 47 |
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| 160 | 160 | | “(B) Alleged violations of the District’s property maintenance or housing 48 |
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| 161 | 161 | | code. 49 |
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| 162 | 162 | | “(2)(A) If the defendant asserts a defense under subparagraph (B) of paragraph (1) 50 |
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| 163 | 163 | | of this subsection, the Court shall issue the protective order in an amount required by subsection 51 |
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| 164 | 164 | | (a) of this section and thereafter hold a hearing on the asserted defenses. 52 |
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| 165 | 165 | | “(B) If, at or after the hearing held pursuant to subparagraph (A) of this 53 |
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| 166 | 166 | | paragraph, the Court finds that a defendant has proven the existence of housing or property 54 |
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| 167 | 167 | | maintenance code violations, the presence of which justified a lower rent than was required by a 55 |
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| 168 | 168 | | protective order entered under subsection (a) of this section, the Court shall, accounting for the 56 |
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| 169 | 169 | | nature and duration of the housing or property maintenance code violations, refund any rent paid 57 |
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| 170 | 170 | | by the tenant into the Court’s registry above the amount determined to be appropriate by the 58 |
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| 171 | 171 | | Court. 59 |
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| 172 | 172 | | 3 |
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| 173 | 173 | | |
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| 174 | 174 | | “(3) A defendant will reserve the right to assert any other cognizable defense to 60 |
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| 175 | 175 | | nonpayment of rent at trial.”. 61 |
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| 176 | 176 | | Sec. 3. Title V of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-62 |
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| 177 | 177 | | 10; D.C. Official Code § 42-3505.01 et seq.), is amended as follows: 63 |
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| 178 | 178 | | (a) Section 501 (D.C. Official Code § 42-3505.01) is amended as follows: 64 |
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| 179 | 179 | | (1) Subsection (a) is amended as follows: 65 |
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| 180 | 180 | | (A) Paragraph (1) is amended to read as follows: 66 |
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| 181 | 181 | | “(a)(1) Except as provided in this section and section 501b, no tenant shall be 67 |
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| 182 | 182 | | evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental 68 |
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| 183 | 183 | | agreement, so long as the tenant continues to pay the rent to which the housing provider is 69 |
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| 184 | 184 | | entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for 70 |
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| 185 | 185 | | an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has 71 |
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| 186 | 186 | | been served with a written notice which meets the requirements of this section; provided, that 72 |
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| 187 | 187 | | this shall not apply to evictions under section 501b. Notices for all reasons other than 73 |
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| 188 | 188 | | nonpayment of rent shall be served upon both the tenant and the Rent Administrator; provided, 74 |
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| 189 | 189 | | that this shall not apply to evictions under section 501b.”. 75 |
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| 190 | 190 | | (B) Paragraph (4) is amended by striking the phrase “shall dismiss a 76 |
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| 191 | 191 | | claim” and inserting the phrase “may, in its discretion, dismiss a claim” in its place. 77 |
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| 192 | 192 | | (b) A new section 501b (D.C. Official Code § 42-3505.01b) is added to read as follows: 78 |
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| 193 | 193 | | “Sec. 501b. Expedited evictions for violent criminal activity. 79 |
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| 194 | 194 | | “(a) A housing provider may recover possession of a rental unit pursuant to this section 80 |
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| 195 | 195 | | where a court of competent jurisdiction has determined that the tenant, or a person occupying the 81 |
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| 196 | 196 | | 4 |
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| 197 | 197 | | |
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| 198 | 198 | | premises with or in addition to the tenant, has engaged in or facilitated violent criminal activity 82 |
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| 199 | 199 | | on the premises. The housing provider shall serve on the tenant a 10-day notice to vacate. 83 |
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| 200 | 200 | | “(b) After serving a notice to vacate pursuant to subsection (a) of this section, a housing 84 |
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| 201 | 201 | | provider may file a complaint with a court of competent jurisdiction to recover possession of the 85 |
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| 202 | 202 | | rental unit. The Court shall set the matter for a hearing, which shall be held on an expedited basis 86 |
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| 203 | 203 | | within 20 days following the filing of the complaint. 87 |
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| 204 | 204 | | “(c) It shall be a defense to an action for possession under this section if: 88 |
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| 205 | 205 | | “(1) The tenant is a victim, or is the parent or guardian of a minor victim, of an 89 |
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| 206 | 206 | | intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the 90 |
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| 207 | 207 | | Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are 91 |
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| 208 | 208 | | the basis for the notice to vacate. 92 |
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| 209 | 209 | | “(A) If, as a result of the intrafamily offense or the actions relating to the 93 |
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| 210 | 210 | | intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary 94 |
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| 211 | 211 | | or civil protection order ordering the respondent to vacate the home, the Court shall not enter a 95 |
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| 212 | 212 | | judgment for possession; 96 |
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| 213 | 213 | | “(B) If, as a result of the intrafamily offense or the actions relating to the 97 |
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| 214 | 214 | | intrafamily offense that is the basis for the notice to vacate, the tenant provides to the Court a 98 |
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| 215 | 215 | | copy of a police report written within the preceding 60 days or has filed for but has not received 99 |
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| 216 | 216 | | a temporary or civil protection order ordering the respondent to vacate the home, the Court shall 100 |
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| 217 | 217 | | have the discretion not to enter a judgment for possession under this section; 101 |
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| 218 | 218 | | “(2) The tenant did not know or have reason to know that criminal activity was 102 |
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| 219 | 219 | | occurring or would likely occur on the premises; or 103 |
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| 220 | 220 | | 5 |
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| 221 | 221 | | |
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| 222 | 222 | | “(3) The tenant had done everything that could reasonably be expected under such 104 |
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| 223 | 223 | | circumstances to prevent the commission of violent criminal activity, such as requesting the 105 |
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| 224 | 224 | | housing provider remove the offending household member’s name from the lease, reporting prior 106 |
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| 225 | 225 | | criminal activity to the police, seeking assistance from social service or counseling agencies, or 107 |
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| 226 | 226 | | denying permission, if feasible, for the offending household member to reside in the dwelling 108 |
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| 227 | 227 | | unit. 109 |
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| 228 | 228 | | “(d) If it is determined by a preponderance of the evidence that the tenant or occupant has 110 |
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| 229 | 229 | | engaged in or facilitated violent criminal activity, the Court shall enter a final judgment for 111 |
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| 230 | 230 | | possession and issue a writ of restitution that mandates the eviction of the tenant or occupant 112 |
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| 231 | 231 | | within 20 days. 113 |
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| 232 | 232 | | “(e) For purposes of this section, the term: 114 |
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| 233 | 233 | | “(1) “Occupant” means a person authorized by the tenant or housing provider to 115 |
|---|
| 234 | 234 | | be on the premises of the rental unit. 116 |
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| 235 | 235 | | “(2) “Premises” means a rental unit, its appurtenances, and the building, and the 117 |
|---|
| 236 | 236 | | grounds, areas, and facilities held out for the use of tenants generally. 118 |
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| 237 | 237 | | “(3) “Rental unit” means an apartment, room, or part of a publicly or privately 119 |
|---|
| 238 | 238 | | owned housing accommodation that is rented or offered for rent for residential occupancy. 120 |
|---|
| 239 | 239 | | “(4) “Violent criminal activity” means a “dangerous crime” as defined in D.C. 121 |
|---|
| 240 | 240 | | Official Code § 23-1331(3) or a “crime of violence” as defined in D.C. Official Code § 23-122 |
|---|
| 241 | 241 | | 1331(4).”. 123 |
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| 242 | 242 | | Sec. 4. Fiscal impact statement. 124 |
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| 243 | 243 | | 6 |
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| 244 | 244 | | |
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| 245 | 245 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 125 |
|---|
| 246 | 246 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126 |
|---|
| 247 | 247 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127 |
|---|
| 248 | 248 | | Sec. 5. Effective date. 128 |
|---|
| 249 | 249 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 129 |
|---|
| 250 | 250 | | Mayor, action by Council to override the veto), a 30-day period of congressional review as 130 |
|---|
| 251 | 251 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 131 |
|---|
| 252 | 252 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 132 |
|---|
| 253 | 253 | | Columbia Register. 133 |
|---|