Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, D.C. Law 24-115, formerly D.C. B24-0096

TL;DR:

D.C. Law 24-115 makes amendments that impact filing for an eviction, tenant screening, and housing public records. Notably, housing records for eviction that did not go in the landlord’s favor and eviction records older than 3 years are sealed by the Superior Court of the District of Columbia and cannot be inquired about or used in an adverse action.

What it is:

Amendments for Filing an Eviction

This law makes several amendments to the Rental Housing Act of 1985 (Title 16 of the District of Columbia Official Code). These amendments include:

A complaint seeking restitution of possession (seeking to return the rental property to the owner) for nonpayment of rent cannot be filed if it’s under $600
An owner cannot file a complaint seeking restitution of possession without a current rental housing license.
Owners are required to provide written notice before evicting a tenant for nonpayment of rent. This notice must be in the tenant’s primary language (if known by the owner) and specific language (as specified in the law) must be within the notice. The housing provider must also provide at least 30 days written notice to the tenant before filing a claim with the courts.
If a court summons is posted on the property, photographic evidence must be submitted to the court.

The Court has the right to dismiss claims for possession in certain circumstances, including if the housing provider does not have a valid rental registration or claim of exemption and current business license.

Amendments for Eviction Public Records

In addition to revisions to filing for eviction for nonpayment of rent, D.C. Law 24-115 enables the Superior Court of the District of Columbia to seal all eviction court records that fall into these 2 categories:

Records where the eviction proceeding doesn’t result in a judgment for possession in favor of the housing owner (the housing provider doesn’t win) within 30 days after the final resolution of the eviction proceeding.
Records where the eviction proceeding results in a judgment for possession in favor of the housing owner (the housing provider wins) and are 3 years or older.

This law also expands upon the Superior Court’s ability to seal and open previously sealed court records relating to eviction.

Amendmentsto Tenant Screening

Housing providers are required to notify prospective tenants in writing or another accessible method of the amount and purpose of fees and deposits, the type of information that will be accessed via tenant screening, the rental requirements and criteria for a potential denial of an application, and more. Application fees may be no more than $50, and if the applicant is not screened, the application fee must be refunded within 14 days.

Housing providers are prohibited from making an inquiry about, requiring the tenant to disclose, or base an adverse action on:

Prior records that did not result in a judgment for possession in the housing provider’s favor.
Housing records that were filed 3 or more years ago.
Records that stem from an incident in which the applicant demonstrates a potential defense to the action of possession (under section 501(c-1) or federal laws pertaining to domestic violence, dating violence, sexual assault, or stalking. This can include records of civil or criminal protection orders.
Records that stem from an incident in which the applicant was a victim of a crime in the unit.
Records that could be related to the prospective tenant or a household member’s disability.

Should a housing provider take an adverse action, they will need to provide written notice of the adverse action to the tenant with specific information (as provided in this law). The prospective tenant may provide the housing provider additional information that showcases the tenant screening information is inaccurate or cannot be used (as specified in this law).

What it means:

For landlords, rental owners, housing providers, or property managers -

Before filing to evict for nonpayment of rent, housing providers must provide 30 days’ notice to the tenant. This notice must be written and in the tenant’s language.
To file for restitution of possession for nonpayment of rent, the unpaid rent must be over $600 and the owner must have a current rental housing license.
When vetting rental applicants, rental owners must notify tenants in writing or another accessible method of all the fees and deposits required of tenants. This includes the amount and purpose, the type of information that will be on the tenant screening report, the unit’s rental criteria and criteria for a potential denial, and more.
Housing providers cannot charge more than $50 for an application fee. If no tenant screening is done on the applicant, this fee must be refunded within 14 days.
Housing records for eviction that did not go in the landlord’s favor cannot be inquired about, required, or used in an adverse action.
Housing records for eviction that are older than 3 years cannot be inquired about, required, or used in an adverse action.
Housing records that the applicant demonstrates stemmed from an incident covered under section 501(c-1), federal domestic violence protections, a victim of a crime protections, or related to the applicant or a person in their household’s disability cannot be inquired about, required, or used in an adverse action.
Written notice of adverse action must be provided to the applicant and the tenant may provide additional information that showcases the records used are inaccurate or cannot be used by the housing provider.
Violating this Act could result in legal fines, as imposed by the Commission on Human Rights.

For rental applicants, prospective renters, or tenants -

The Superior Court of the District of Columbia should have sealed all housing court records that were not in favor of the housing provider or are older than 3 years. This law also provides additional provisions in which the Superior Court can seal a court record, should a motion be brought by the tenant.
This act provides the Superior Court additional rights to open previously sealed records, including on the written request of the tenant or if the Superior Court shows a compelling need.
Prospective tenants may file a complaint with the Office of Human Rights if they believe a housing provider violated this law.

Whom it affects:

Renters and Housing Providers in the District of Columbia

The Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 affects all housing providers and consumers with housing records within the District of Columbia.

All rental housing providers in the District of Columbia must abide by D.C. Law 24-115. Renters or consumers with housing records or eviction filings against them in the District of Colombia may also be affected.

Resources:

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