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.
This law makes several amendments to the Rental Housing Act of 1985 (Title 16 of the District of Columbia Official Code). These amendments include:
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.
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:
This law also expands upon the Superior Court’s ability to seal and open previously sealed court records relating to eviction.
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:
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).
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.
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