B 23-0898 — Eviction Notice Moratorium Emergency Amendment Act of 2020

2ENROLLED _____________________________________ORIGINAL ___________________________________AN CouncilmemberACT Anita Bonds Councilmember Elissa Silverman 5 7 A BILL 9 __________ IN THECOUNCILTHE COUNCIL OF THE DISTRICT OF COLUMBIA __________________________ To amend, on an emergency basis, the Rental Housing Act of 1985 to prohibit housing providers from issuing notices to vacate and from engaging in actions intended to force tenants to leave their housing or otherwise give up their rights under the law for the remaining duration of the public health emergency and for 60 days thereafter.

BE IT ENACTED BY THE COUNCILOFCOUNCIL OF THE DISTRICT OFCOLUMBIA,OF COLUMBIA, That this actmayact may be cited as the “Eviction Notice Moratorium Emergency Amendment ActofAct of 2020”.

Section 501 of the Rental Housing ActofAct of 1985, effective July 17, 1985 (D.C.

“(q)(1) BeginnngBeginning on the effective date of the Eviction Notice Moratorium Emergency Amendment ActofAct of 2020, passed on emergency basis on September 22, 2020 (Enrolled version of Bill 23-____),for23-898), for the period of time during which there exists a public health emergency declared pursuant to section 5a of the District of Columbia Public Emergency ActofAct of 1980, effective October 17, 2002 (D.C.

Official Code § 7-2304.01), and for 60 days thereafter,thereafter no housing provider shallmay: issue to a tenant a notice to vacate pursuant to this section.

(2)“(A) AnyIssue personto whoa violatestenant paragrapha (1)notice ofto thisvacate subsectionpursuant shall be subject to penaltiesthis undersection; section 901(b)(3).

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 section 502(a).

“(2) Any person who violates paragraph (1) of this subsection shall be subject to penalties under section 901(b).”.

ENROLLED ORIGINAL Sec.

This act shall take effectfollowingeffect 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 effectforeffect 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.

OFFICE______________________________ OFChairman THE GENERAL COUNSEL Council of the District of Columbia Washington,_________________________________ DCMayor 20004NW,District Suiteof 4Columbia (202)2 724-8026 MEMORANDUM TO:

Councilmember Elissa Silverman FROM:

Nicole L.

Streeter, General Counsel NLS DATE:

September 18, 2020 RE:

Legal sufficiency determination for Eviction Notice Moratorium Emergency Amendment Act of 2020, Bill 23-___.

The emergency measure is legally and technically sufficient for Council consideration.

This emergency measure would amend section 501 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.

Law 23 6-10, D.C.

Official Code § 42- 3505.01), to prohibit a housing provider from issuing a notice to vacate to a tenant during the period of time, following the effective date of the measure, in which there exists a public health emergency, and for 60 days thereafter.

I am available if you have any questions.