Current COVID-19 Eviction Protections for DC Renters

If you're renting in the District of Columbia, understanding the updated COVID-19 eviction protections can help you avoid unnecessary stress and maintain stable housing. While some emergency measures have expired, several key renter protections remain in place as of this year. This guide explains your rights, important forms, and the latest legal updates for DC tenants facing eviction or related issues.

COVID-19 Eviction Protections in the District of Columbia

The District of Columbia responded to the COVID-19 pandemic with robust renter protections, including eviction moratoriums and expanded notice requirements. As emergency orders have been lifted, certain laws continue to offer support for renters at risk of eviction.

What Protections Are Still Active?

• Landlords must provide at least 30-days written notice before initiating any eviction case, except in cases of emergencies (see DC Code § 42–3505.01).
• Evictions can only proceed through a court order; self-help evictions (like changing locks) are strictly prohibited.
• Renters unable to pay due to COVID-related hardship may qualify for rental assistance from local programs.
• DC law prohibits evictions for amounts unpaid during the public health emergency until a payment plan option is offered to the tenant.

Most DC COVID-era protections are codified in the DC Rental Housing Act and ongoing local emergency legislation.^[1]

Starting or Stopping an Eviction: Key Procedures

• 30-Day Notice to Vacate: Landlords must deliver a written notice at least 30 days before filing in court. This gives renters time to act or seek assistance.
• Court Proceedings Required: All eviction cases must be filed and heard by the DC Superior Court Landlord and Tenant Branch. Only U.S. Marshals may enforce eviction orders.
• If you receive court papers, respond promptly—failing to do so can result in default judgments.

Official Forms Renters May Need

• Application for Emergency Rental Assistance (ERAP)
  • When to use: If you're behind on rent and at risk of eviction, apply for ERAP. Example: You've received a 30-day notice due to missed rent and need help catching up.
  • Apply for ERAP through the DC Department of Human Services
• Tenant Petition (Form RAD Form 1)
  • When to use: If you believe your landlord is pursuing unlawful eviction or violating your rights, you can file a petition with the DC Rental Accommodations Division.
  • Download Tenant Petition (RAD Form 1)
  • Example: Your landlord attempted eviction without court proceedings. File this petition to request a formal review.
• Motion to Stay Writ of Restitution
  • When to use: If the court has issued an eviction order but you need more time due to hardship (such as COVID-19 illness), file this motion with the DC Superior Court.
  • Access the official Motion to Stay form
  • Example: You receive a Writ of Restitution but cannot move out immediately. This form lets you ask the court for more time.

Submitting the right form promptly can be crucial for protecting your rights, so review instructions carefully on the official websites.

Important DC Tribunal for Tenants

All residential eviction cases in the District of Columbia are handled by the Landlord and Tenant Branch of the DC Superior Court. This tribunal oversees filings, hearings, and enforcement of court orders related to eviction.

Relevant DC Tenancy Legislation

• DC Rental Housing Act (D.C. Official Code § 42–3501 et seq.)
• Eviction procedures: DC Code § 42–3505.01

FAQ

1. Can my landlord evict me without a court order in DC? No. All evictions must be approved by the Landlord and Tenant Branch of the DC Superior Court, and only a U.S. Marshal can carry out the eviction.
2. Do I still have to pay rent if I lost income due to COVID-19? Yes, but you may qualify for payment plans or rental assistance. Contact ERAP or your landlord to discuss options.
3. What should I do if I receive a 30-day notice to vacate? Review the notice, seek legal assistance if needed, and explore rental assistance programs immediately to avoid court proceedings.
4. Are all COVID-19 eviction protections in DC expired? Many emergency protections have ended, but some requirements—like notice periods and payment plans—remain in place.
5. How do I respond to a Writ of Restitution? You can file a Motion to Stay with the court to request more time. Use the official form and explain your situation clearly.

Conclusion: Key Takeaways

• DC renters must receive a 30-day written notice before eviction proceedings begin.
• Some COVID-19 protections, especially around legal process and payment plans, are still effective.
• Timely action with the correct forms and seeking local assistance can help preserve your housing rights.

Need Help? Resources for Renters

• Landlord and Tenant Branch – DC Superior Court: Information about court procedures and filing
• Office of the Tenant Advocate (OTA): Free tenant advice, workshops, and help with rental issues
• DC Emergency Rental Assistance Program (ERAP): Apply for financial help with rent or utilities
• Legal Aid Society of the District of Columbia: Legal help for low-income tenants

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1. DC Rental Housing Act (D.C. Official Code § 42–3501 et seq.)
2. DC Superior Court Landlord and Tenant Branch
3. DC Emergency Rental Assistance Program
4. Office of the Tenant Advocate

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