B 24-0096 — Eviction Record Sealing Authority Amendment Act of 2021 (now known as "Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022")

ENGROSSED ORIGINAL (b) New sections 509 and 510 are added to read as follows:

“(a) The Superior Court of the District of Columbia (“Superior Court”) shall seal all court records relating to an eviction proceeding:

“(c)(1) The Superior Court shall seal court records relating to an eviction proceeding at any time, upon a motion by a tenant, if:

or ENGROSSED ORIGINAL “(II) Section§ 2612-1402.61); of the Human Rights Act of 1977, effective December 13, 1977 (D.C.

LawENROLLED 2-38;ORIGINAL “(iv) The housing provider failed to timely abate a violation of 14 DCMR § 100 et seq.

D.C.

Official Code § 2-1402.61);

“(iv) The housing provider failed to timely abate a violation of 14 DCMR § 100 et seq.

“(v) The housing provider initiated the eviction proceedings because of an incident that would constitute a defense to an action for possession under section 501(c-1) or a federal law pertaining to domestic violence, dating violence, sexual assault, or stalking;

or “(B) The Superior Court determines that there are other grounds justifying suchsealing relief.the court records.

“(B) A tenant may obtain a copy of an order issued under this subsection at any time from the Clerk of the Superior Court, upon presenting proper identification, without a showing of need.

ENGROSSED ORIGINAL “(1) Upon written request of the tenant;

“(e)“(e)(1) The court may release records sealed under this section for scholarly, educational, journalistic, or governmental purposes,purposes upon a balancing of the interests of the tenant for nondisclosure against the interests of the requesting party;

and “(E) Provision of documented procedures for data storage and the data destruction method to be used for the information provided.”.is provided.

“(2)(A) Upon receipt of a request and proof of identity, copies of any record sealed under this section shall be provided to the following persons, without the public unsealing of the records and without a showing of need:

“(i) The tenant named in the record;

“(ii) The tenant’s counsel;

or “(iii) An attorney authorized to practice law in the District of Columbia who is considering commencing representation of the tenant;

provided, that the person shall:

ENROLLED ORIGINAL “(I) Certify to the Court’s satisfaction that the tenant has requested consideration for representation and has authorized the attorney’s access to the sealed records;

and “(II) Provide the Court with the person’s D.C.

bar number or proof of authorization to practice under Rule 49(c) of the District of Columbia Court of Appeals.

“(B) A person may request records sealed under this section in person at the Civil Division or by an electronic means designated by the Civil Division.

“(C) For purposes of this section, the term “records” shall include any information contained in the docket, including the court docket, pleadings, and orders.

“(2) Require that the information shall be used solely for research or administrative purposes;

ENGROSSED ORIGINAL “(3) Require that the information shall be used only for the project described in the application;

“(h)(1) Where a housing provider intentionally bases an adverse action taken against a prospective tenant on an eviction court record that the housing provider knows to be sealed pursuant to this section, the prospective tenant may bring a civil action in the Superior Court of the District of Columbia within one year after the alleged violation and, upon prevailing, shall be entitled to the following relief:

or ENGROSSED ORIGINAL “(B) Approval of a prospective tenant’s rental application, subject to terms or conditions different and less-favorable to the prospective tenant than those included in any written notice, statement, or advertisement for the rental unit, including written communication sent directly from the housing provider to a prospective tenant.

ENROLLED ORIGINAL “Sec.

“(a) Before requesting any information or fees from a prospective tenant as a part of tenant screening, a housing provider shall first notify the prospective tenant in writing, or by posting in a manner accessible to a prospective tenants:tenant:

“(3) The specific criteria that will result in automatic denial of the application;

“(6) The approximate quantity of rental units that will be available for rent over a specified period, by bedroom size and monthly rent;rent, or if such information is not available, the number of rental units that became available for rent each calendar month in the housing provider’s prior fiscal year;

ENGROSSED ORIGINAL “(7) The number of days after receipt of a prospective tenant’s application that the housing provider will respond with an approval or denial decision;

and “(10) The prospective tenant’s right to file a complaint with the Office of Human Rights or pursue civil action via the Superior Court of the District of Columbia (“Superior Court”) if he or she believes the housing provider has violated this section.

“(b)“(b)(1) A housing provider may require a prospective tenant to pay an application feefee. of no more than $35.

Such an application fee will be no more than $50.

“(2) Beginning on January 1, 2024, the application fee specified in paragraph (1) of this subsection may be adjusted annually by the housing provider, or his or her agent, commensurate with an increase in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics.

ENROLLED ORIGINAL “(1) Whether a previous action to recover possession from the prospective tenant occurred if the action:

ENGROSSED ORIGINAL “(A) Did not result in a judgment for possession in favor of the housing provider;

“(A) Stemmed from an incident that the prospective tenant demonstrates may constitute a defense to an action for possession under section 501(c-1) or a federal law pertaining to domestic violence, dating violence, sexual assault, or stalking, including records of civil or criminal protection orders sought or obtained by the prospective tenant,tenant or of criminal matters in which the prospective tenant is a witness;

“(e)“(e)(1) A housing provider shall not base an adverse action solely on a prospective tenant’s credit score or lack thereof, although information within a credit or consumer report directly relevant to fitness as a tenant can be relied upon by a housing provider.

ENGROSSED“(2) ORIGINALIt “(f)shall Ifnot abe housingconsidered providera takesviolation anof adversethis action,section heif ora shehousing shallprovider providereceives a writtencredit noticeor ofconsumer thereport adversecontaining actioninformation tothat themay prospectivenot tenantbe noused lateras than the responsebasis dateof providedan toadverse theaction prospective tenant pursuant to (a)(7)subsection (d) of this sectionsection; that includes:

provided, that the housing provider did not specifically request or inquire about this information and can demonstrate that he or she did not base an adverse action on such information.

“(f) If a housing provider takes an adverse action, he or she shall provide a written notice of the adverse action to the prospective tenant no later than the response date provided to the prospective tenant pursuant to subsection (a)(7) of this section that includes:

“(2) A copy or summary, free of charge, of any information obtained from a third-third party that formed a basis for the adverse action;

and “(3) A statement informing the prospective tenant of his or her right to dispute the accuracy of and permissibility of the housing provider’s use of any information upon which the housing provider relied in making his or her adverse action determination.determination;

and “(4) A statement informing the prospective tenant of his or her right to file a complaint with the Office of Human Rights if he or she believes a housing provider violated this section.

or ENROLLED ORIGINAL “(B) Based upon prohibited criteria under subsection (d) of this section.

“(3) Nothing in this subsection shall be construed to prohibit thea housing provider from considering debts owed to a housing authority, any other criteria established in federal law, or from leasing a housing rental unit to other prospective tenants.

ENGROSSED ORIGINAL “(h)(1) A prospective tenant may file a complaint with the Office of Human Rights if he or she believes that a housing provider violated this section.

If the Office of Human Rights determines that there is probable cause to believe that a housing provider has knowingly violated this section, the Office of Human Rights shall certify the complaint to the Commission on Human Rights,Rights. which may impose a civil penalty for each violation not to exceed $1,000, half of which shall be awarded to the complainant and half of which shall be awarded to the District of Columbia and deposited into the General Fund of the District of Columbia.

“(2) The finesCommission seton forthHuman inRights subsection (h) of this section may beimpose doubledthe forfollowing anypenalties, housingof providerwhich whohalf violatesshall thisbe sectionawarded in two or more cases in 24 months or fails to implementthe acomplainant correctiveand actionhalf orderedshall bydeposited into the agencyGeneral withinFund 90of days after the correctiveDistrict actionof isColumbia: ordered.

“(3)“(A) TheFor Mayor,a pursuanthousing toprovider Titlethat Iowns ofor theleases District1 ofto Columbia10 Administrativerental Procedureunits, Act,a approvedfine Octoberof 21,up 1968to (82$1,000; Stat.

“(B) For a housing provider that owns or leases 11 to 19 rental units, a fine of up to $2,500;

and “(C) For a housing provider that owns or leases 20 or more rental units, a fine of up to $5,000.

“(2) The fines set forth in paragraph (1) of this subsection may be doubled for any provider that:

“(A) Violates this section more than twice within a calendar year;

or “(B) Fails to implement a corrective action ordered by the Commission on Human Rights within 90 days after the corrective action is ordered.

“(3) For any violation that occurs within 6 months after the applicability date of this subsection, the Commission on Human Rights shall issue warnings and orders to correct in lieu of penalties.

The Commission on Human Rights may impose penalties as provided in this subsection for violations that occur more than 6 months after the applicability date of this subsection.

“(4) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.

Official Code § 2-501 et seq.), may issue rules to implement the provisions of this section.subsection.

ENGROSSEDENROLLED ORIGINAL “(A) Reasonable attorney’s fees and costs;

“(2) “Tenant screening” means any process used by a housing provider to evaluate the fitness of a prospective tenant.”.”tenant.”. Sec.

Sec.

ENGROSSED ORIGINAL “(27B) “Sealed eviction record” means an eviction record that has been sealed pursuant to section 509 of The Rental Housing Act of 1985, aspassed introduced on DATE2nd Februaryreading 23,March 20211, (Bill(Enrolled 243-096XXX).”.version of Bill 243-96).”.

(1) Subsection (a) is amended byas strikingfollows: the phrase “source of income” and inserting the phrase “source of income, sealed eviction record” in its place.

(2)(A) SubsectionThe (a)(5)lead-in text is amended by striking the phrase “source of income” and inserting the phrase “source of income, sealed eviction record” in its place.

(3)(B) NewParagraph subsections(5) (g)is amended by striking the phrase “source of income” and (h)inserting arethe addedphrase to“source readof asincome, follows:sealed eviction record” in its place.

“(g)(2) SourceNew ofsubsections income.(g) and (h) are added to read as follows:

“(g) Additional unlawful discriminatory practices.

“(A) Prior rental history involving nonpayment or late payment of rent,rent if the nonpayment or late payment of rent occurred priorduring toa receiptperiod ofin which the prospective tenant ENROLLED ORIGINAL did not have an income-based subsidy;housing subsidy and if the housing provider could reasonably have known the date of receipt;

“(B) Income level (other than whether or not the level is below a threshold as required by local or federal law), a credit score, or the lack of credit score;score, unless such consideration of a credit score or the lack of credit score is required by federal law;

andor ENGROSSED ORIGINAL “(C) Any credit issues that arose priorduring toa theperiod receiptin ofwhich the prospective tenant did not have an income-based subsidy.housing subsidy if the housing provider could reasonably have known the date of receipt.

“(2) There shall be a rebuttable presumption that an unlawful discriminatory practice has occurred if athe housing provider charges a prospective tenant anyseeks mandatoryto feespay orrent depositswith otheran thanincome-based ahousing securitysubsidy depositand: and application fee.

“(3)“(A) ThereThe shall be a rebuttable presumption that an unlawful discriminatory practice has occurred if a housing provider deniescharges athe rentalprospective application from a tenant thatany meetsmandatory theirfees postedor selectiondeposits criteriathat and the samehousing rentalprovider unitwould wasnot offeredrequire to anbe applicantpaid whoby is not of a protectedsimilarly classsituated andprospective tenant who submitteddoes theirnot applicationseek oneto orpay morerent dayswith lateran thanincome-based thehousing rejectedsubsidy; applicant.

or “(B) The housing provider charges a greater amount of rent to the prospective tenant than it would charge to a prospective tenant who does not have an income- based housing subsidy.

“(3) For purposes of this subsection, the term “income-based housing subsidy” means recurring monetary assistance to a housing provider from the federal government or District government that is intended to defray in whole or in part the tenant’s rental obligation.

“(1) It shall be an unlawful discriminatory practice to do any of the acts prohibited in subsection (a) or subsection (b) of this section based on information contained within a sealed eviction record or the actual knowledge or belief that a person has a sealed eviction record.”.record.

“(2) It shall be an unlawful discriminatory practice to inquire about the existence of or content of a sealed eviction record in connection with, or to require a person to disclose a sealed eviction record as a condition of:

ENGROSSED ORIGINAL “(C) Appraisal of a property, agreement to lend money, guarantee a loan, purchase a loan, accept residential real property as security for a loan, accept a deed of trust or mortgage, or otherwise make funds available for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of real property, or to provide title or other insurance relating to ownership or use of any interest in real property;

or to provide title or other insurance relating to ownership or use of any interest in real property;

or “(E) Access to, or membership or participation in any multiple-listing ENROLLED ORIGINAL service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting residential real estate, including in terms or conditions of access,access to or membership or participation in any such organization, service, or facility.”.

4a.5.

Subchapter Two2 of Chapter 16 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat.

ENGROSSED ORIGINAL “(b) This section does not alter the rights of tenants whose tenancies survive foreclosure.”.

4b.6.

Section 501(s)3(b)(6) of the RentalTenant HousingSafe Harbor Temporary Amendment Act of 1985,2021, effective JulyFebruary 17,24, 19852022 (D.C.

Law 6-10;24-75;

D.C.69 DCR 190), is repealed.

Official Code § 42-3505.01(s)), is repealed.

4c.7.

Section 3(b)(6) of the Tenant Safe Harbor Temporary Amendment Act of 2021, passed on 2nd reading on December 7, 2021 (Enrolled version of Bill 24-469), is repealed.

Sec.

5.

(a) Amendatory section 510(a)(10)510(a)(10), (f)(4), and (h) of the Rental Housing Act of 1985, passed on 1st reading on January 4, 2022 (Engrossed version of Bill 24-96), in section 33(b) shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

6.8.

ENGROSSED ORIGINAL The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.

7.9.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.

20______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 13