By Regina M.Slowey, Esq.

Orlans PC*

USFN Member (DC, DE, FL, MD, MA, MI, NH, PA, RI, VA)

            The District of Columbia has instituted significant changes to its eviction process.  Introduced first in the Fairness in Renting Congressional Review Emergency Amendment Act of 2022, the emergency legislation was originally temporary and then adopted in the permanent statute (see links below for full text of Emergency, Temporary, and Permanent versions). 

            For former owner occupied property, the changes are minimal. The most significant change involves service by posting, which affects all properties regardless of occupancy status.  If a notice is served by posting a copy on the premises, a photograph of the posted notice must be submitted to the court, and the photograph must include a readable timestamp that indicates the date and time of when the summons was posted. Failure to provide the court with this evidence will result in dismissal of the action. D.C. Code § 42–3505.01(a)(2) and (a)(4)(C). Though it is always best practice to have timestamped (and geo-tagged) photographs of posted service, this legislation not only requires it, but provides for dismissal (“The Court shall dismiss…” D.C. Code § 42–3505.01(a)(4)(C), emphasis added) if not filed with the entry package. 

            The most significant changes, however, affect tenant occupied property. For the time being, there are very specific requirements necessary to proceed in a nonpayment of rent claim against a tenant. These requirements are detailed in a court supplied Checklist (see link below) that must be filed with the entry package and reviewed by the presiding judge prior to the first hearing. Currently, a nonpayment of rent claim may only be filed against tenants who owe more than $600 in rent, and on properties which have been registered with the District. However, in order to register the property or to obtain a writ for a tenant owned property, the plaintiff must hold a Basic Business License issued by the newly created Department of Licensing and Consumer Protection. As a threshold matter, to obtain the Basic Business License, the plaintiff must certify it does not owe more than $100 to the District. This is a very difficult certification for foreclosing lenders, as fines and assessments pop up daily and without notice, and has proven to be a non-starter in most situations. Work with your foreclosure counsel to determine options, as some options to liquidate the asset do exist. Though some of the provisions of the Emergency/Temporary legislation will sunset naturally in July (for example, the $600 minimum rent requirement), the Business License Requirement to obtain the Writ is in the permanent legislation.

            There are exceptions to the Business License Requirement, and those are listed on the Writ Verification Form (see below for link), submitted with the request for Writ. The exceptions aside from a non bona fide tenant are for commercial tenancy, a terminated cooperative member, and a foreclosed homeowner. It may be possible in some circumstances (such as illegal activity as the basis of default) to request an “Other” exception from the court at the Writ stage as well. 

·       For the Checklist required for proceeding with Non-payment of Rent actions:  Checklist-Supplement-for-NPR-Cases.pdf (dccourts.gov)

·       For the Writ Verification included in the permanent legislation, required to be filed in order to proceed with a Writ in any eviction (commercial, former owner, non-bona fide occupant, or tenant):  Writ Verification

·       For the text of the D.C. Act 24-307. Fairness in Renting Congressional Review Emergency Amendment Act of 2022 (expired April 2022, but has the easiest to follow changes to the process):  Here

·       For the text of D.C. Code § 42–3505.01. Evictions (expires on July 26, 2023):  Here

·       For the text of this Permanent legislation:  Here

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USFN e-Update - February 2023