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Legislation Enacted Phasing Out the Eviction Moratoria and Other COVID Tenant Protections

Friday, August 6, 2021

On Saturday, July 24th, the Mayor signed an executive order ending the Public Health Emergency (PHE) as of July 25th, and signed into law Act 24-125, the “Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021.” The legislation phases out many of the tenant protections enacted during the COVID-19 Public Health Emergency (PHE). Starting January 1, 2022, the landlord may file eviction actions for any of the ten lawful bases for eviction in the District. Starting October 12th, landlords may file eviction actions for nonpayment of rent, but only if the landlord has also filed an application on the tenant's behalf for STAY DC rental assistance. Two other exceptions to the eviction moratorium now apply. They permit the landlord to issue a notice to vacate to the tenant – and then file an eviction action in court – where the tenant (1) poses a threat to public safety or (2) willfully and wantonly damages the property. Each exception includes further protections for the tenant and imposes further requirements on the landlord.

Click here for a summary of the law regarding PHE and post-PHE tenant protections, as well as a timeline of important dates.