B 24-0163 — Eviction Moratorium Public Safety Exception Emergency Amendment Act of 2021

“(B) Strike the phrase "before the day fixed for the trial of the action.” and insert the phrase “before the day fixed for the trial of the action;

except, that a summons may be served during a period of time for which the Mayor has declared a public health emergency pursuant to D.C.

Official Code § 7-2304.01, and for 60 days thereafter, if the summons relates to a complaint that is filed pursuant to the exception listed in § 16-1501(b)." in its place.”.

(b) Subsection (b) is amended to read as follows:

Law 14-194;14- 194;

Official Code § 42-3505.01(k))42-3505.01), is amended as follows:

“”(1)“(1) Subsection (k) is amended as follows:

“(B) Paragraph (2) is amenedamended by striking the period and inserting the phrase “;

Councilmember“(3) Councilmember Anita Bonds “"(3) 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.

Official Code § 16-1501(b) on or after the effective date of the Eviction Moratorium Public Safety Exception ENROLLED ORIGINAL Emergency Amendment Act of 2021, aspassed introducedon an emergency basis on April 6, 2021 (B24-XXX);(Enrolled version of Bill 24-163);

provided, thatthat: any family facing eviction pursuant to this paragraph shall be connected to assistance and resources that support the coordination or continuation of youth education, social services, and other resources before the eviction is carried out.

“(A) Any family facing eviction pursuant to this paragraph shall be connected to 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) Any person with behavioral, emotional, or mental health issues facing eviction pursuant to this paragraph shall be connected to behavioral health or housing counseling services and shall be offered alternative housing arrangements before the eviction is carried out.”.

“(q-1)(1) Subsection (q) of this section shall not apply to notices related to complaints that allege that:that the tenant’s continuing presence at the housing accommodation where the tenant resides presents a current and substantial threat to the health and safety of tenants, on-site agents, or employees of the owners of the housing accommodation, or household members or guests of other tenants, because the tenant has violated an obligation of tenancy by engaging in an unlawful possession of a firearm, threats or acts of violence, or assault.

“”(A)“”(2) TheFor tenant’spurposes continuing presence at the housing accommodation where the tenant resides presents a current and substantial threat to the health and safety of tenants,this on-sitesubsection, agents or employees of the ownersterm: of the housing accommodation, or household members or guests of other tenants, because the tenant has violated an obligation of tenancy by engaging in unlawful possession of firearms or serious threats or acts of violence.

“”(B)“(A)“Act Forof purposesviolence” shall have the same meaning as “crime of thisviolence” subsection,as theprovided term:in D.C.

“(A)Official “Threat”Code shall§ be23-1331(4). construed according to D.C.

Official“(B) Code“Assault” §shall 22-be 407;construed according to section 806 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat.

“(B)1189; “Act of violence” shall have the same meaning as “crime of violence” in D.C.

OfficialD.C. Code § 23-1331(4);

CouncilmemberOfficial CouncilmemberCode Anita§ Bonds22-404). “(C) “Unlawful possession of a firearm” shall be construed according to D.C.

Code“(C) Section“Threat” 22-4503;shall be construed according to section 2 of An Act To confer concurrent jurisdiction on the police court of the District of Columbia in certain jurisdictions, approved July 16, 1912 (37 Stat.

and192; “(D) “Assault” shall be construed according to D.C.

OfficialD.C. Code § 22- 404.

“(2)Official ACode notice§ issued22-407). pursuant to this subsection shall:

”(A)“(D) “State“Unlawful thatpossession theof tenanta doesfirearm” notshall havebe construed according to vacatesection 3 of An Act To control the rentalpossession, unitsale, untiltransfer, and unlessuse aof courtpistols ordersand themother dangerous weapons in the District of Columbia, to doprovide so;penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat.

“(B)650; State that the tenant has the right to correct or cease the alleged lease violation and remain in the rental unit;

“(C)D.C. State that the tenant also has the right to dispute the landlord’s allegations through the court process and remain in the rental unit until the court makes a decision;

andOfficial “(D)Code Include§ the22- phone4503). numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network and state that both resources provide free legal services to tenants facing eviction.”.

“(3)(A) A notice issued to a tenant pursuant to this subsection shall:

”(i) State that the tenant does not have to vacate the rental unit until and unless a court orders the tenant to do so;

“(ii) State that the tenant has the right to correct or cease the alleged violation of tenancy and remain in the rental unit;

“(iii) State 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;

and ENROLLED ORIGINAL “(iv) Include the phone numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network and state that both resources provide free legal services to a tenant facing eviction.

“(B) A copy of the notice shall be sent to the Office of the Tenant Advocate.”.

ThisEffective resolutiondate. shall take effect immediately.

111This 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 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)).

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 4