State of Evictions in the District of Columbia

While the country, as well as the world, is still struggling to contain the spread of COVID-19, the CDC director signed another order restricting the eviction of tenants in specific areas of the country where cases are rapidly increasing. However, on the evening of August 26, 2021, the Supreme Court of the United States struck down the CDC nationwide eviction moratorium order finding that the CDC has exceeded its authority. While the Court vote fell along ideological lines, the Court specifically noted that “it is undisputed that the public has a strong interest in combating the spread of COVID-19 Delta variant…[but] our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”  The unsigned opinion of the Court concluded stating that Congress must specifically authorize the federally imposed eviction order. To date, Congress has failed to do so.

If you reside, or own property, in an area where the local legislatures have not acted to restrict evictions, eviction proceeding are likely to restart. However, in the District of Columbia, the Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 has been signed by the Mayor which gradually phases out tenant protections. The Act now permits landlords to issue a notice to vacate to the tenant where the tenant (1) poses a threat to public safety, (2) willfully and wantonly damages the property, and (3) past due rent. Notices to vacate for any other lawful reason may be issued starting September 26, 2021. The Act now allows landlords to file eviction actions only where (1) a tenant’s continued presence presents a current and substantial threat to the health and safety of others through unlawful possession of a firearm, threats or acts of violence, or assault; or (2) a tenant has willfully or wantonly caused significant property damage to the unit or property. Starting October 12, 2021, landlords may file eviction actions for nonpayment of rent provided that the landlord file an application for Stay DC rental assistance on the tenant’s behalf; the unpaid balance is more than $600; and the landlord issue a 60-day notice to tenants. Starting January 1, 2022, a landlord may file eviction actions for any of the lawful bases for eviction in the District of Columbia.

Outside of these permitted timelines and restrictions, it is unlawful to conduct self-help evictions in the District. A landlord may be exposed to liability for wrongful eviction for violating the District’s process and procedures for evicting tenants. If you need to discuss your options, contact the Johnson Law Group to talk with a landlord-tenant attorney today.