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DC Adds New Eviction Restrictions In October

In Litigation, Real Estate by Richard Bianco

Evictions scheduled pre-pandemic, more than 18 months ago, recently began to crawl forward amidst heavy court challenges by legal service providers. In an earlier post, I laid out the relevant dates and requirements to resume evictions. In October, the Council passed a new law adding additional hoops owners have to jump through to recover their property.

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When & How D.C.’s Eviction Moratorium Ends

In Legislation, Real Estate by Richard Bianco

DC has one of, if not the strictest, eviction moratoria in the country. The Council’s so-called “off-ramp” is a series of expiration dates when different aspects of the eviction protections come to an end. Below is a summary of the relevant dates and details on what actions landlords may take.

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DC Landlords MUST Have a Business License to File for Eviction

In Legislation, Real Estate by Richard Bianco

A new law making it tougher for landlords to evict tenants took effect on November 9, 2020. Among the tenant protections in the Fairness in Renting Emergency Amendment Act, is a requirement that landlords have a current housing basic business license in order to access the courts and file an eviction case. This is a change from the Superior Court’s existing precedent, which allowed even unlicensed owners to pursue eviction.

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DC’s New Law Further Prevents Landlords from Protecting Life, Safety, and Property

In Legislation, Real Estate by Richard Bianco

On October 14, 2020 a new law is set to go into effect further restricting landlords’ from preventing harm to tenants and buildings. The law does two things: prohibits a housing provider from issuing a notice to vacate to a tenant; and use any alternative means, such as decreasing services, to constructively evict a tenant. Notably, the second piece is redundant, as constructive eviction has been illegal for decades.

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Newest Coronavirus Law Clarifies Landlord Obligations

In Legislation, Real Estate by Richard Bianco

On May 19, 2020, the DC Council further specified landlords’ obligations to offer payment plans under the Coronavirus Support Emergency Act. Two weeks ago the Council approved a law requiring, among other things, that certain landlords enter into payment plans with tenants’ whose ability to pay rent has been impacted by the public health emergency. However, the original law was vague as to specific rights and obligations. This week the Council approved new legislation to clarify several aspects of the law.