D.C. Act 24-178. Foreclosure Moratorium Extension, Scheduled Eviction Assistance, and Public Emergency Extension Emergency Amendment Act of 2021.

AN ACT

To amend, on an emergency basis, the Coronavirus Support Temporary Amendment Act of 2021 to extend the foreclosure moratorium; to amend the Rental Housing Act of 1985 to require housing providers to contact the Department of Human Services to indicate whether a tenant has a pending ERAP and/or STAY DC application for eviction cases involving non-payment of rent filed prior to March 11, 2020, and to require information about rent arrearages owed by the tenant and information about emergency rental assistance to be included on notices for these eviction cases beginning November 16, 2021; and to amend the District of Columbia Public Emergency Act of 1980 to extend the Mayor's authority to declare a public emergency.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Foreclosure Moratorium Extension, Scheduled Eviction Assistance, and Public Emergency Extension Emergency Amendment Act of 2021".

Sec. 2. (a) Section 408(a)(1) and (2) of the Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code § 42-815.05(a) and (b)), is amended as follows:

(1) The lead-in language of paragraph (1) is amended by striking the phrase "during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), and for 60 days thereafter" and inserting the phrase "during the period of time from March 11, 2020, until February 4, 2022" in its place.

(2) Paragraph (2) is amended by striking the phrase "as of the first day of the public health emergency" and inserting the phrase "as of October 1, 2021" in its place.

(b) The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.), is amended as follows:

(1) Section 501 (D.C. Official Code § 42-3505.01) is amended by adding a new subsection (t) to read as follows:

"(t)(1) For any eviction authorized in a case filed prior to March 11, 2020, that involves non-payment of rent, the housing provider shall contact the Department of Human Services to determine whether the tenant has a pending Emergency Rental Assistance Program ("ERAP") and/or STAY DC application no earlier than 5 business days and no later than 48 hours prior to the scheduled date and time of the eviction.

"(2)(A) When the tenant has a pending ERAP and/or STAY DC application, the housing provider shall notify the Superior Court and the U.S. Marshals Service no later than 24 hours prior to the scheduled date and time of the eviction.

"(B) If the tenant has a pending ERAP and/or STAY DC application, the housing provider shall reschedule the eviction for a date no earlier than 3 weeks from the current scheduled eviction date allow for the application to be processed, a determination of funding to be made, and funding distributed to the housing provider if the application is approved. Any further stay or rescheduling of the eviction date may only be granted by order of Superior Court or by agreement of the housing provider.".

(2) Section 501a(b) (D.C. Official Code § 42-3505.01a(b)) is amended as follows:

(A) Existing paragraphs (1-A) and (1-B) are redesignated, respectively, paragraphs (1A) and (1B).

(1A) Expired.

(1B) Expired.

(B) A new paragraph (1C) is added to read as follows:

"(1C) For any eviction authorized in a case filed prior to March 11, 2020, that is scheduled to occur on or after November 16, 2021, and involves non-payment of rent, the notices required in paragraphs (1-A) and (1-B) of this subsection shall contain the following, or substantively similar, language in addition to any other requirements under District law:

"The total amount of past due rent owed is [list specific amount due]. [List specific amount owed] is the amount of past due rent owed from prior to March 11, 2020, and [list specific amount owed] is the amount of past due rent owed from March 12, 2020, to the date of this notice. Financial assistance through the Emergency Rental Assistance Program and/or the STAY DC program may be available to help you pay this balance. To get more information about these programs or to get help applying to these programs, contact the Office of Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575.".

Sec. 3. Section 7(c-1) of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2306(c-1)), is amended to read as follows:

"(c-1) Notwithstanding subsections (b) and (c) of this section, the Council authorizes the Mayor to extend the 15-day March 11, 2020, emergency executive order (Mayor's Order 2020-045) issued in response to the novel 2019 coronavirus (SARS CoV-2) until January 7, 2022. After the extension authorized by this subsection, the Mayor may extend the emergency order for additional 15-day periods pursuant to subsection (b) or (c) of this section.".

Sec. 4. Repealers.

(a) Sections 2 and 3(w) of the Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021, effective July 24, 2021 (D.C. Act 24-125; 68 DCR 7342), are repealed.

(b) Sections 2 and 3(w) of the Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021, enacted on September 1, 2021 (D.C. Act 24-168; 68 DCR 9487), are repealed.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).