DC Code § 42-3505.01 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 35 - Rental Housing Generally|Subchapter V - Evictions; Retaliatory Action; and Other Matters|§ 42-3505.01. Evictions

 *NOTE: This section includes amendments by temporary legislation that will expire on October 27, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on January 5, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a)(1) Except as provided in this section, no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices to vacate for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator. All notices to vacate shall contain a statement detailing the reasons for the eviction, and if the housing accommodation is required to be registered by this chapter, a statement that the housing accommodation is registered with the Rent Administrator. (2) If a notice is served by posting a copy on the premises, a photograph of the posted notice must be submitted to the court. The photograph must have a readable timestamp that indicates the date and time of when the summons was posted. (3) If the landlord knows the tenant speaks a primary language other than English or Spanish that is covered under § 2-1933, the landlord must provide the notice in that language. (a-1)(1) A housing provider shall provide the tenant with notice of the housing provider's intent to file a claim against a tenant to recover possession of a rental unit at least 30 days before filing the [claim, unless the claim pertains to subsection (b-1) of this section]. Such notice may be served concurrently with notice provided under subsection (a) of this section. (2) The Superior Court shall dismiss a claim brought by a housing provider to recover possession of a rental unit where the housing provider: (A) Did not provide the tenant with notice as required by this subsection; (B) Filed the claim to recover possession of the rental less than 30 days after providing the tenant with notice as required by this subsection; or (C) In cases where a notice to quit or a summons and complaint are served by posting on the leased premise, failed to provide the Superior Court with photographic evidence of the posted service with a readable timestamp that indicates the date and time of when the summons was posted. (b) A housing provider may recover possession of a rental unit when the tenant is violating an obligation of tenancy, other than nonpayment of rent, and fails to correct the violation within 30 days after receiving notice from the housing provider. (b-1)(1) On or after October 12, 2021, a housing provider may recover possession of a rental unit for nonpayment of rent when the past due rent is equal to more than $600 and any of the following applies: (A) The tenant fails to submit an emergency rental assistance application within 60 days of receiving a notice of past due rent; (B) The tenant's application for emergency rental assistance was denied, or the application was approved with a balance of equal to or greater than $600 remaining unpaid, and the tenant and housing provider have not established a rent payment plan pursuant to § 42-3192.01 within 14 days of the denial; or (C) A tenant with a rent payment plan is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater. (2) Prior to filing a complaint with the Superior Court for nonpayment of rent, a housing provider shall send to the tenant a notice of past due rent containing the following or substantively similar language: "This is a notice of past due rent. The total amount of rent owed is [list specific amount due]. A ledger showing the dates of rent charges and payments for the period of delinquency is attached. You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full or if you are current on a rent payment plan. "[Name of housing provider] has initiated an application to STAY DC for emergency rental assistance on your behalf for any rent due after April 1, 2020. Only you or your authorized representative can complete the tenant portion of the application. If the ledger shows amounts due prior to April 2020, you should also seek assistance from other District emergency rental assistance programs, such as the Emergency Rental Assistance Program ("ERAP"). "You have 60 days, or until [insert specific date], to submit your portion of any application(s) for emergency rental assistance. To apply for STAY DC, go to stay.dc.gov or call 833-4STAYDC (833-478-2932). The STAY DC call center can also connect you to application help and refer you to ERAP and other District emergency rental-assistance programs.  "You may qualify for assistance if your household's annual income is equal to or less than the amounts shown below:  "People in HouseholdMaximum IncomePeople in HouseholdMaximum Income1$57,6505$88,9002$65,8506$95,5003$74,1007$102,1004$82,3008$108,650"[Name of housing provider] has the right to file a case in court seeking your eviction, without further notice, if any of the following occur: "(A) You fail to submit an emergency rental assistance application within 60 days; "(B) You are denied emergency rental assistance for all or part of the past due amount and you have not established a rent payment plan with us within 14 days of the denial; or "(C) You miss payments under a rent payment plan totaling at least $600 or two months of rent, whichever is greater. "If [name of housing provider] files in court, your next notice will be a summons to appear in court. You have the right to defend yourself in court. Only a court can order your eviction. For further help or to seek free legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575.". (c) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate. The tenant may be evicted only if the tenant knew or should have known that an illegal act was taking place. (c-1)(1) It shall be a defense to an action for possession under subsections (b) or (c) of this section that the tenant is a victim, or is the parent or guardian of a minor victim, of an intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are the basis for the notice to vacate. (2) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary or civil protection order ordering the respondent to vacate the home, the court shall not enter a judgment for possession. (3) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant provides to the court a copy of a police report written within the preceding 60 days or has filed for but has not received a temporary or civil protection order ordering the respondent to vacate the home, the court shall have the discretion not to enter a judgment for possession under this subchapter. (d) A natural person with a freehold interest in the rental unit may recover possession of a rental unit where the person seeks in good faith to recover possession of the rental unit for the person’s immediate and personal use and occupancy as a dwelling. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of action to recover possession of the rental unit in instances arising under this subsection. No housing provider shall demand or receive rent for any rental unit which the housing provider has repossessed under this subsection during the 12-month period beginning on the date the housing provider recovered possession of the rental unit. A stockholder of a cooperative housing association with a right of possession in a rental unit may exercise the rights of a natural person with a freehold interest under this subsection. (e) A housing provider may recover possession of a rental unit where the housing provider has in good faith contracted in writing to sell the rental unit or the housing accommodation in which the unit is located for the immediate and personal use and occupancy by another person, so long as the housing provider has notified the tenant in writing of the tenant’s right and opportunity to purchase as provided in Chapter 34 of this title. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of the housing provider’s action to recover possession of the rental unit. No person shall demand or receive rent for any rental unit which has been repossessed under this subsection during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider. (e-1)(1) A housing provider who recovers possession pursuant to subsection (d) or (e) of this section, or a person who purchases property from a housing provider who recovers possession pursuant to subsection (e) of this section, who, during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider, demands or receives from a new tenant rent for the rental unit that was repossessed or fails to personally use and occupy the rental unit shall be liable to the former tenant for: (A) Reasonable relocation costs; and (B) Additional damages in the amount of the greater of the rent charged in the last month before the rental unit was repossessed or the small area fair market rent published by the U.S. Department of Housing and Urban Development multiplied by whichever of the following is fewer: (i) The number of months that have elapsed between the date on which the rental unit was originally repossessed and the date on which the housing provider sells or begins to personally use and occupy the rental unit; or (ii) Twelve. (2) A housing provider shall not be liable for damages pursuant to paragraph (1) of this subsection if the housing provider can demonstrate that, acting in good faith, he or she failed to sell or to personally use and occupy the housing accommodation due to circumstances outside of the housing provider's control that arose after the rental unit was repossessed. (3) A tenant who recovers damages pursuant to this subsection shall not be barred from bringing any other available civil action that may arise from the same circumstances. (f)(1)(A) A housing provider may recover possession of a rental unit for the immediate purpose of making alterations or renovations to the rental unit which cannot safely or reasonably be accomplished while the rental unit is occupied, so long as: (i) The plans for the alterations or renovations have been filed with the Rent Administrator and the Chief Tenant Advocate; (ii) The tenant has had 21 days after receiving notice of the application to submit to the Rent Administrator and to the Chief Tenant Advocate comments on the impact that an approved application would have on the tenant or any household member, and on any statement made in the application; (iii) An inspector from the Department of Consumer and Regulatory Affairs has inspected the housing accommodation for the accuracy of material statements in the application and has reported his or her findings to the Rent Administrator and the Chief Tenant Advocate; (iv) On or before the filing of the application, the housing provider has given the tenant: (I) Notice of the application; (II) Notice of all tenant rights; (III) A list of sources of technical assistance as published in the District of Columbia Register by the Mayor; (IV) A summary of the plan for the alterations and renovations to be made; and (V) Notice that the plan in its entirety is on file and available for review at the office of the Rent Administrator, at the office of the Chief Tenant Advocate, and at the rental office of the housing provider; and (v) The Rent Administrator, in consultation with the Chief Tenant Advocate, has determined in writing: (I) That the proposed alterations and renovations cannot safely or reasonably be made while the rental unit is occupied; (II) Whether the alterations and renovations are necessary to bring the rental unit into compliance with the housing code and the tenant shall have the right to reoccupy the rental unit at the same rent; and (III) That the proposal is in the interest of each affected tenant after considering the physical condition of the rental unit or the housing accommodation and the overall impact of relocation on the tenant. (B) As part of the application under this subsection, a housing provider shall submit to the Rent Administrator for review and approval, and to the Chief Tenant Advocate, the following plans and documents: (i) A detailed statement setting forth why the alterations and renovations are necessary and why they cannot safely or reasonably be accomplished while the rental unit is occupied; (ii) A copy of the notice that the housing provider has circulated informing the tenant of the application under this subsection; (iii) A draft of the notice to vacate to be issued to the tenant if the application is approved by the Rent Administrator; (iv) A timetable for all aspects of the plan for alterations and renovations, including: (I) The relocation of the tenant from the rental unit and back into the rental unit; (II) The commencement of the work, which shall be within a reasonable period of time, not to exceed 120 days, after the tenant has vacated the rental unit; (III) The completion of the work; and (IV) The housing provider’s submission to the Rent Administrator and the Chief Tenant Advocate of periodic progress reports, which shall be due at least once every 60 days until the work is complete and the tenant is notified that the rent unit is ready to be reoccupied; (v) A relocation plan for each tenant that provides: (I) The amount of the relocation assistance payment for each unit; (II) A specific plan for relocating each tenant to another unit in the housing accommodation or in a complex or set of buildings of which the housing accommodation is a part, or, if the housing provider states that relocation within the same building or complex is not practicable, the reasons for the statement; (III) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) of this sub-subparagraph is not practicable, a list of units within the housing provider’s portfolio of rental accommodations made available to each dispossessed tenant, or, where the housing provider asserts that relocation within the housing provider’s portfolio of rental accommodations is not practicable, the justification for such assertion; (IV) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) or (III) of this sub-subparagraph is not practicable, a list for each tenant affected by the relocation plan of at least 3 other rental units available to rent in a housing accommodation in the District of Columbia, each of which shall be comparable to the rental unit in which the tenant currently lives; and (V) A list of tenants with their current addresses and telephone numbers. (C) The Chief Tenant Advocate, in consultation with the Rent Administrator, shall: (i) Within 5 days of receipt of the application, issue a notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant stating that the tenant: (I) Has the right to review or obtain a copy of the application, including all supporting documentation, at the rental office of the housing provider, the Office of the Chief Tenant Advocate, or the office of the Rent Administrator; (II) Shall have 21 days in which to file with the Rent Administrator and serve on the housing provider comments upon any statement made in the application, and on the impact an approved application would have on the tenant or any household member; and (III) May consult the Office of the Chief Tenant Advocate with respect to ascertaining the tenant’s legal rights, responding to the application or to any ancillary offer made by the housing provider, or otherwise safeguarding the tenant’s interests; (ii) At any time prior to or subsequent to the Rent Administrator’s approval of the application, make such inquiries as the Chief Tenant Advocate considers appropriate to determine whether the housing provider has complied with the requirements of this subsection and whether the interests of the tenants are being protected, and shall promptly report any findings to the Rent Administrator; and (iii) Upon the Rent Administrator’s approval of the application: (I) Maintain a registry of the affected tenants, including their subsequent interim addresses; and (II) Issue a written notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant that notifies the tenant of the right to maintain his or her tenancy and the need to keep the Chief Tenant Advocate informed of interim addresses; (D) The housing provider shall serve on the tenant a 120-day notice to vacate prior to the filing of an action to recover possession of the rental unit that shall: (i) Notify the tenant of the tenant’s rights under this subsection, including the absolute right to reoccupy the rental unit, the right to reoccupy the rental unit at the same rate if the Rent Administrator has determined that the alterations or renovations are necessary to bring the rental unit into substantial compliance with the housing regulations, and the right to relocation assistance under the provisions of subchapter VII of this chapter; (ii) Include a list of sources of technical assistance as published in the District of Columbia Register by the Mayor; and (iii) Include a copy of the notice issued by the Chief Tenant Advocate pursuant to paragraph (1)(C)(iii)(II) of this subsection. (E) Within 5 days of the completion of alterations and renovations, the housing provider shall provide notice, by registered mail, return receipt requested, to the tenant, the Rent Administrator, and the Chief Tenant Advocate that the rental unit is ready to be occupied by the tenant. (F) Any notice required by this section to be issued to the tenant by the housing provider, the Rent Administrator, or the Chief Tenant Advocate shall be published in the languages as would be required by § 2-1933(a). (2) Immediately upon completion of the proposed alterations or renovations, the tenant shall have the absolute right to reoccupy the rental unit. A tenant displaced by actions under this subsection shall continue to be a tenant of the rental unit as defined in § 42-3401.03(17), for purposes of rights and remedies under Chapter 34 of this title, until the tenant has waived his or her rights in writing. Until the tenant’s right to reoccupy the rental unit has terminated, the housing provider shall serve on the tenant any notice or other document regarding the rental unit as required by any provision of Chapter 34 of this title, this chapter, or any other law or regulation, except that service shall be made by first-class mail at the address identified as the tenant’s interim address pursuant to paragraph (1)(C)(iii) of this subsection. (3) Where the renovations or alterations are necessary to bring the rental unit into substantial compliance with the housing regulations, the tenant may rerent at the same rent and under the same obligations that were in effect at the time the tenant was dispossessed, if the renovations or alterations were not made necessary by the negligent or malicious conduct of the tenant. (4) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (5) Prior to the date that the tenant vacates the unit, the Rent Administrator shall rescind the approval of any application under this subsection upon determining that the housing provider has not complied with this subsection. (6) If, after the tenant has vacated the unit, the housing provider fails to comply with the provisions of this subsection, the aggrieved tenant or a tenant organization authorized by the tenant may seek enforcement of any right or provision under this subsection by an action in law or equity. If the aggrieved tenant or tenant organization prevails, the aggrieved tenant or tenant organization shall be entitled to reasonable attorney’s fees. In an equitable action, bond requirements shall be waived to the extent permissible under law or court rule. (g)(1) A housing provider may recover possession of a rental unit for the purpose of immediately demolishing the housing accommodation in which the rental unit is located and replacing it with new construction, if a copy of the demolition permit has been filed with the Rent Administrator, and, if the requirements of subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 180-day notice to vacate in advance of action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under the provisions of subchapter VII of this chapter. (2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (h)(1) A housing provider may recover possession of a rental unit for the purpose of immediate, substantial rehabilitation of the housing accommodation if the requirements of § 42-3502.14 and subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 120-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under subchapter VII of this chapter. (2) Any tenant displaced from a rental unit by the substantial rehabilitation of the housing accommodation in which the rental unit is located shall have a right to rerent the rental unit immediately upon the completion of the substantial rehabilitation. (3) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (i)(1) A housing provider may recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit so long as: (A) The housing provider serves on the tenant a 180-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under the provisions of subchapter VII of this chapter; (B) The housing provider shall not cause the housing accommodation, of which the unit is a part, to be substantially rehabilitated for a continuous 12-month period beginning from the date that the use is discontinued under this section; (C) The housing provider shall not resume any housing or commercial use of the unit for a continuous 12-month period beginning from the date that the use is discontinued under this section; (D) The housing provider shall not resume any housing use of the unit other than rental housing; (E) Upon resumption of the housing use, the housing provider shall not rerent the unit at a greater rent than would have been permitted under this chapter had the housing use not been discontinued; (F) The housing provider shall, on a form devised by the Rent Administrator, file with the Rent Administrator a statement including, but not limited to, general information about the housing accommodation, such as address and number of units, the reason for the discontinuance of use, and future plans for the property; (G) If the housing provider desires to resume a rental housing use of the unit, the housing provider shall notify the Rent Administrator who shall determine whether the provisions of this paragraph have been satisfied; and (H) The housing provider shall not demand or receive rent for any rental unit which the housing provider has repossessed under this subsection for a 12-month period beginning on the date the housing provider recovered possession of the rental unit. (2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (j) In any case where the housing provider seeks to recover possession of a rental unit or housing accommodation to convert the rental unit or housing accommodation to a condominium or cooperative, notice to vacate shall be given according to § 42-3402.06(c). (k) Notwithstanding any other provision of this section, no housing provider shall evict a tenant: (1) On any day when the National Weather Service predicts at 8:00 a.m. that the temperature at the National Airport weather station will fall below 32 degrees Fahrenheit or 0 degrees Celsius; (2) When precipitation is falling at the location of the rental unit; or (3) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, except for evictions arising from those complaints filed pursuant to the exceptions in § 16-1501(c)(1); provided, that: (A) A family facing eviction pursuant to § 16-1501(c)(1)(A) shall be offered assistance and resources that support the coordination or continuation of youth education, social services, and other resources before the eviction is carried out; and (B) A person with behavioral, emotional, or mental health issues facing eviction pursuant to § 16-1501(c)(1)(A) shall be offered behavioral health or housing counseling services and shall be offered alternative housing arrangements before the eviction is carried out. (k-1) Subsection (k) shall not apply: (1) Where, in accordance with and as provided in subsection (c) of this section, a court of competent jurisdiction has determined that the tenant has performed an illegal act within the rental unit or housing accommodation; (2) Where a court of competent jurisdiction has made a specific finding that the tenant’s actions or presence causes undue hardship on the health, welfare, and safety of other tenants or immediate neighbors; or (3) Where a court of competent jurisdiction has made a specific finding that the tenant has abandoned the premises. (l) Expired. (m) This section shall not apply to privately-owned rental housing or housing owned by the federal or District government with regard to drug-related evictions under subchapter I of Chapter 36 of this title. (n)(1) If the occupancy of a tenant has been or will be terminated by a placard placed by the District government in accordance with section 103 of Title 14 of the District of Columbia Municipal Regulations for violations of Title 14 of the District of Columbia Municipal Regulations that threaten the life, health, or safety of the tenant, the tenancy shall not be deemed terminated until the unit has been offered for reoccupation to the tenant after the date that physical occupancy ceased. (2) The Mayor shall maintain a registry of the persons, including their subsequent interim addresses, who were tenants at the time the building was placarded. (3) At the time of the placarding, the Mayor shall provide a written notice to the tenants of the right to maintain their tenancy and the need to keep the Mayor informed of interim addresses. The notice shall contain the address and telephone number of the office maintaining the registry. (4) Any notice required under this subchapter shall be effective when sent to the tenant at the address maintained in the registry. (o) Repealed. (p) Repealed. (q)(1) Beginning on October 14, 2020, for the period of time during which there exists a public health emergency declared pursuant to § 7-2304.01, and not earlier than September 26, 2021, no housing provider may: (A) Issue to a tenant a notice pursuant to this section, except notices of past due rent pursuant to subsection (b-1)(2) of this section; or (B) Engage in any action that is intended to force tenants to leave their housing or otherwise give up their rights under the law, including the actions described under § 42-3505.02(a). (2) A person who violates paragraph (1) of this subsection shall be subject to penalties under § 42-3509.01. (q-1)(1) Subsection (q) shall not apply to notice for complaints filed pursuant to the exceptions in § 16-1501(c)(1). (2)(A) A notice issued to a tenant pursuant to this subsection must do the following: (i) State prominently and at the beginning of any such notice that the tenant does not have to vacate the rental unit until and unless a court orders the tenant to do so; (ii) For cases involving alleged violations of obligations of tenancy, state prominently and at the beginning of any such notice that the tenant has the right to correct or cease the alleged violation of tenancy and remain in the rental unit; (iii) For cases involving non-payment of rent, meet the requirements of subsection (b-1)(2) of this section in addition to the requirements of this subsection and other applicable District laws; (iv) State prominently and at the beginning of any such notice that the tenant has the right to dispute the landlord's allegations through the court process and remain in the rental unit until the court reaches a decision on the matter; (v) Include the phone numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network and state prominently and at the beginning of any such notice that both resources may provide or may refer the tenant to free legal services for tenants facing eviction; and (vi) If the landlord knows the tenant speaks a primary language other than English or Spanish that is covered [by] § 2-1933, be translated into that language. (r) No tenant shall be evicted from a rental unit for which the housing provider does not have a current business license for rental housing issued pursuant to § 47-2828(c)(1); except, that a housing provider that obtains the required license shall not be precluded by this subsection from proceeding with an eviction. (s) Unless a purchaser of real property has obtained the deed to the property, the purchaser shall not evict a tenant. (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.  (July 17, 1985, D.C. Law 6-10, § 501, 32 DCR 3089; Feb. 24, 1987, D.C. Law 6-192, § 13(g), 33 DCR 7836; June 13, 1990, D.C. Law 8-139, § 11, 37 DCR 2645; Aug. 26, 1994, D.C. Law 10-164, § 2, 41 DCR 4889; Apr. 29, 1998, D.C. Law 12-86, title IX, § 901, 45 DCR 1172; D.C. Law 13-172, § 1312, 47 DCR 6308; Apr. 27, 2001, D.C. Law 13-281, § 301, 48 DCR 1888; Oct. 19, 2002, D.C. Law 14-213, §§ 31, 32(a), 49 DCR 8140; June 22, 2006, D.C. Law 16-140, § 2(a), 53 DCR 3686; Mar. 14, 2007, D.C. Law 16-273, § 2(b), 54 DCR 859; Apr. 15, 2008, D.C. Law 17-146, § 2, 55 DCR 2554; Mar. 25, 2009, D.C. Law 17-353, § 231, 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-368, § 4(h)(1), 56 DCR 1338; Mar. 3, 2010, D.C. Law 18-111, §§ 2182, 7039, 57 DCR 181; Dec. 8, 2016, D.C. Law 21-172, § 2(c), 63 DCR 12959; Dec. 13, 2017, D.C. Law 22-33, § 7045, 64 DCR 7652; Mar. 13, 2019, D.C. Law 22-245, § 2(a), 66 DCR 962; Apr. 16, 2020, D.C. Law 23-72, § 2(b), 67 DCR 2476; Mar. 16, 2021, D.C. Law 23-255, § 2, 67 DCR 13959; June 24, 2021, D.C. Law 24-9, § 404(b), 68 DCR 004824; July 24, 2021, D.C. Act 24-125, § 5(b)(1), 68 DCR 007342; Oct. 7, 2021, D.C. Act 24-178, § 2(b)(1), 0 DCR 0.)  Prior Codifications 1981 Ed., § 45-2551. Section References This section is referenced in § 8-231.03, § 42-2857.01, § 42-3401.04, § 42-3402.02, § 42-3507.01, § 42-3507.02, § 42-3509.02, and § 42-3602. Effect of Amendments D.C. Law 13-172 added subsec. (l). D.C. Law 13-281 added subsec. (n). D.C. Law 14-213, in subsec. (n), validated a previously made technical correction. D.C. Law 16-140, added pars. (f)(5) and (f)(6) and rewrote pars. (f)(1) and (f)(2). D.C. Law 16-273 added subsec. (c-1). D.C. Law 17-146 added subsecs. (o) and (p). D.C. Law 17-353 validated a previously made technical correction in subsec. (p). D.C. Law 17-368, in subsec. (c-1)(1), substituted “§ 16-1001(8)” for “§ 16-1001(5)”. D.C. Law 18-111, in subsecs. (o)(1)(B) and (10), substituted “Department of Housing and Community Development” for “Department of Human Services”; and rewrote subsec. (o)(2), which had read as follows: “(2) This subsection shall be subject to the availability of funds.” Cross References Housing accommodation conversion prerequisites and exemptions, persons with standing, see § 42-3402.02. Expiration of Law Expiration of Law 8-139 Section 12(b) of D.C. Law 8-139 provided that the act shall expire 10 years after the effective date of the act. D.C. Law 8-139 became effective on June 13, 1990. Applicability Section 7074 of D.C. Law 23-149 repealed section 5 of D.C. Law 23-72 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-72 has been implemented.  Applicability of D.C. Law 23-72: § 5 of D.C. Law 23-72 provided that the change made to this section by § 2(b) of D.C. Law 23-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see § 2(b)(1) of Foreclosure Moratorium Extension, Scheduled Eviction Assistance, and Public Emergency Extension Emergency Amendment Act of 2021 (D.C. Act 24-178, Oct. 7, 2021, 0 DCR 0).   For temporary (90 days) amendment of this section, see § 5(b)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see § 404(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see § 2(b) of Eviction Moratorium Public Safety Exception Emergency Amendment Act of 2021 (D.C. Act 24-67, May 3, 2021, 68 DCR 004907).   For temporary (90 days) amendment of this section, see § 404(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see § 2(a)(2) of Fairness in Renting Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-3, Jan. 25, 2021, 68 DCR 001529).   For temporary (90 days) amendment of this section, see § 2(a) of Fairness in Renting Emergency Amendment Act of 2020 (D.C. Act 23-497, Nov. 10, 2020, 67 DCR 13949).   For temporary (90 days) amendment of this section, see § 2 of Eviction Notice Moratorium Emergency Amendment Act of 2020 (D.C. Act 23-415, Oct. 14, 2020, 67 DCR 12243).   For temporary (90 days) amendment of this section, see § 404(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see § 404(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see § 404(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see § 308(b)(3) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).   For temporary (90 days) protection of unpaid federal workers, employees of contractors of the federal government, and household members of federal workers and employees of contractors from eviction, late fees, and foreclosure during a federal government shutdown, see § 2 of Federal Worker Housing Relief Extension Emergency Act of 2019 (D.C. Act 23-173, Nov. 26, 2019, 66 DCR 15909).   For temporary (90 days) amendment to the Federal Worker Housing Relief Emergency Act of 2019 (Act 23-5), see § 3 of Supporting Essential Workers Unemployment Insurance Emergency Amendment Act of 2019 (D.C. Act 23-14, Feb. 25, 2019, 66 DCR 2469).   For temporary (90 days) exemption of the initial procurement contract entered into in connection with the Sports Wagering Lottery Amendment Act of 2018 and the Sports Wagering Lottery Emergency Amendment Act of 2018 from the requirements of the Procurement Practices Reform Act of 2010, see § 2 of Sports Wagering Procurement Practices Reform Exemption Emergency Act of 2019 (D.C. Act 23-6, Feb. 22, 2019, 66 DCR 2449).   For temporary (90 days) to protect unpaid federal workers, employees of contractors of the federal government, and household members of federal workers and employees of contractors from eviction, late fees, and foreclosure during a federal government shutdown, see § 2 of Federal Worker Housing Relief Emergency Act of 2019 (D.C. Act 23-5, Feb. 6, 2019, 66 DCR 2059).   For temporary (90 days) law regarding landlord procedures during an eviction not subject to the Rental Housing Act of 1985, see § 3 of Eviction Procedure Reform Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-510, Nov. 3, 2018, 65 DCR 12375).   For temporary (90 days) creation of §42-3505.01a, see § 2(b) of Eviction Procedure Reform Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-510, Nov. 3, 2018, 65 DCR 12375).   For temporary (90 days) amendment of this section, see § 2(a) of Eviction Procedure Reform Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-510, Nov. 3, 2018, 65 DCR 12375).   For temporary (90 days) law regarding landlord procedures during an eviction not subject to the Rental Housing Act of 1985, see § 3 of Eviction Procedure Reform Emergency Amendment Act of 2018 (D.C. Act 22-426, July 26, 2018, 65 DCR 7985).   For temporary (90 days) creation of § 42-3505.01a, see § 2(b) of Eviction Procedure Reform Emergency Amendment Act of 2018 (D.C. Act 22-426, July 26, 2018, 65 DCR 7985).   For temporary (90 days) amendment of this section, see § 2(a) of Eviction Procedure Reform Emergency Amendment Act of 2018 (D.C. Act 22-426, July 26, 2018, 65 DCR 7985).   For temporary (90 days) law regarding landlord procedures during non-residential evictions, see § 3 of Eviction Reform Emergency Amendment Act of 2018 (D.C. Act 22-425, July 24, 2018, 65 DCR 7709).   For temporary (90 days) creation of § 42-3505.01a, see § 2(b) of Eviction Reform Emergency Amendment Act of 2018 (D.C. Act 22-425, July 24, 2018, 65 DCR 7709).   For temporary (90 days) amendment of this section, see § 2(a) of Eviction Reform Emergency Amendment Act of 2018 (D.C. Act 22-425, July 24, 2018, 65 DCR 7709).   For temporary (90 days) amendment of this section, see § 7045 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see § 7045 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary amendment of section, see § 2 of the Rental Housing Act of 1985 Winter of 1994 Emergency Amendment Act of 1994 (D.C. Act 10-179, January 25, 1994, 41 DCR 520). For temporary repeal of the Rental Housing Act of 1985 Freezing Temperature Emergency Amendment Act of 1993, effective December 16, 1993 (D.C. Act 10-161; 40 DCR 8874), see § 3 of the Rental Housing Act of 1985 Winter of 1994 Emergency Amendment Act of 1994 (D.C. Act 10-179, January 25, 1994, 41 DCR 520). For temporary amendment of section, see § 3 of the Drug House Abatement Emergency Amendment Act of 1996 (D.C. Act 11-446, December 5, 1996, 43 DCR 6664). For temporary amendment of section, see § 4 of the Real Property Tax Reassessment Second Emergency Act of 1997 (D.C. Act 12-244, January 13, 1998, 45 DCR 652). For temporary amendment of section, see § 4 of the Real Property Tax Reassessment Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-293, February 27, 1998, 45 DCR 1758). For temporary amendment of section, see § 4 of the Real Property Tax Reassessment and Cold Weather Eviction Emergency Amendment Act of 1999 (D.C. Act 13-18, February 17, 1999, 46 DCR 2354). For temporary (90-day) amendment of section, see § 2 of the Tenant Protection Emergency Amendment Act of 2000 (D.C. Act 13-328, May 9, 2000, 47 DCR 4347). For temporary (90-day) amendment of section, see § 1312 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90-day) amendment of section, see § 2 of the Tenant Protection Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-411, August 14, 2000, 47 DCR 7285). For temporary (90 day) amendment of section, see § 1312 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). For temporary (90 day) amendment of section, see § 2 of Tenant Evictions Emergency Amendment Act of 2005 (D.C. Act 16-244, December 22, 2005, 53 DCR 268). For temporary (90 day) amendment of section, see § 2 of Tenant Evictions Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-327, March 23, 2006, 53 DCR 2582). For temporary (90 day) amendment of section, see §§ 2182, 7039 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see §§ 2182, 7039 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation  For temporary (225 days) amendment of this section, see § 404(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see § 2(a)(2) of Fairness in Renting Temporary Amendment Act of 2021 (D.C. Law 23-255, Mar. 16, 2021, 67 DCR 13959).   For temporary (225 days) amendment of this section, see § 2 of Eviction Notice Moratorium Temporary Amendment Act of 2020 (D.C. Law 23-172, Dec. 23, 2020, 67 DCR 13236).   For temporary (225 days) amendment of this section, see § 404(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).   For temporary (225 days) protection of unpaid federal workers, employees of contractors of the federal government, and household members of federal workers and employees of contractors from eviction, late fees, and foreclosure during a federal government shutdown, see § 2 of Federal Worker Housing Relief Extension Temporary Act of 2019 (D.C. Law 23-49, Jan. 28, 2020, 66 DCR 16185).   For temporary (225 days) to protect unpaid federal workers, employees of contractors of the federal government, and household members of federal workers and employees of contractors from eviction, late fees, and foreclosure during a federal government shutdown, see § 2 of Federal Worker Housing Relief Temporary Act of 2019 (D.C. Law 23-3, Apr. 18, 2019, 66 DCR 2456).   For temporary (225 days) law regarding landlord procedures during an eviction not subject to the Rental Housing Act of 1985, see § 3 of Eviction Procedure Reform Temporary Amendment Act of 2018 (D.C. Law 22-183, Nov. 27, 2018, 65 DCR 11372).   For temporary (225 days) creation of § 42-3505.01a, see § 2(b) of Eviction Procedure Reform Temporary Amendment Act of 2018 (D.C. Law 22-183, Nov. 27, 2018, 65 DCR 11372).   For temporary (225 days) amendment of this section, see § 2(a) of Eviction Procedure Reform Temporary Amendment Act of 2018 (D.C. Law 22-183, Nov. 27, 2018, 65 DCR 11372).  For temporary (225 day) amendment of section, see § 2 of Rental Housing Act of 1985 Frigid Temperature Temporary Amendment Act of 1993 (D.C. Law 10-2, May 14, 1993, law notification 40 DCR 3403). For temporary (225 day) amendment of section, see § 2 of Rental Housing Act of 1985 Frigid Temperature Temporary Amendment Act of 1994 (D.C. Law 10-97, March 23, 1994, law notification 40 DCR 1812.) For temporary (225 day) amendment of section, see § 4 of Real Property Tax Reassessment Temporary Amendment Act of 1998 (D.C. Law 12-125, June 10, 1998, law notification 45 DCR 5883). For temporary (225 day) amendment of section, see § 4 of Real Property Tax Reassessment and Cold Weather Eviction Temporary Act of 1999 (D.C. Law 13-1, May 20, 1999, law notification 46 DCR 5301). For temporary (225 day) amendment of section, see § 2 of Tenant Protection Temporary Amendment Act of 2000 (D.C. Law 13-158, September 16, 2000, law notification 47 DCR 8064). For temporary (225 day) amendment of section, see § 2 of Tenant Evictions Temporary Amendment Act of 2006 (D.C. Law 16-76, April 4, 2006, law notification 53 DCR 3335). Editor's Notes Subsection (o)(2), added by Law 17-146 states that this subsection shall not apply until its fiscal effect is included in an approved budget and financial plan. The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of subsection (o)(2), added by Law 17-146, has not been included in an approved budget and financial plan. Therefore, the provisions of subsection (o), enacted by Law 17-146, are not in effect.