In Landlord Victory, DC Rolls Back Select Tenant Protections

There are pockets of the country where landlords are still struggling in the face of tenant protections instituted during the height of the pandemic. In the nation’s capital, relief is on the way.

The Washington, D.C. Council on Tuesday unanimously passed an emergency bill to roll back various tenant protections and rental-assistance policies, the Washington Post reported. The council chairman announced the move as an aid to affordable housing landlords, but it should benefit housing providers at large.

Under the bill, the district is repealing a policy that allowed people to self-certify eligibility for the Emergency Rental Assistance Program, which provides aid to those at risk of eviction amid the pandemic. While most will need to provide evidence of their emergency going forward, an amendment allows self-attestation for those who can’t provide evidence for a legitimate reason, such as those experiencing domestic violence.

The bill also sidelines a policy that forced judges to delay eviction proceedings if a tenant has a pending ERAP application, which led to perpetual postponements of payments for landlords, who may ultimately never even receive the funds if the application is denied. Judges can still delay a tenant’s eviction proceeding once.

Mayor Muriel Bowser was among those supporting the bill, arguing the legislation would provide relief to affordable housing landlords awaiting millions in back rent. Unpaid rent for affordable housing providers increased from $11 million in 2020 to $100 million this year, according to officials. That is projected to jump to $147 million next year.

If multifamily properties fall into foreclosure, affordability covenants would be wiped out, exacerbating the district’s housing crisis. Nearly 14 percent of D.C. residents live in affordable housing units, officials estimate.

Tenant advocates opposing the latest legislation fear a rise in evictions. They’ll have time to gather allies for the next battle, as the emergency bill will only be in effect for 90 days.

— Holden Walter-Warner