Can a Landlord Raise the Rent During a Pandemic

Tenant Rights Now that the Public Health Emergency Has Ended

**En español**

During the COVID-nineteen public health crisis, tenants across the District are facing tough decisions as hire and other bills are coming due in the midst of the resulting economic turmoil. OAG is working to protect Commune residents and aid them understand their legal rights.

Beneath are some answers to common questions tenants take asked during this pandemic. For more than data on your rights, tips, and warnings during COVID-19, visit oag.dc.gov/coronavirus.

Tenant FAQs During COVID-xix

Mayor Bowser recently announced that the "public health emergency" ended on July 25, 2021. You tin can get up-to-date information on the COVID-related website Mayor Bowser gear up up at coronavirus.dc.gov . Note that nosotros are all the same nether a "public emergency" in the District of Columbia, but the end of the "public wellness emergency" signals the end existence near for many protections for tenants.

My landlord filed an eviction complaint against me earlier March 11, 2020. What volition happen with that complaint now that the public health emergency has concluded?

For evictions that were already approved prior to March xi, 2020, beginning July 25, 2021, landlords may re-schedule those evictions with the U.South. Marshals. Notation: The landlord is required to provide the tenant with a 30-mean solar day find of a re-scheduled date for an eviction that was approved prior to March xi, 2020.

For courtroom cases filed before March 11, 2020, t he Courtroom volition mail you a discover with your new courtroom appointment. You can check on your case online athttps://eaccess.dccourts.gov/eaccess/home.folio.2.

You should attend your new court date, even if you are still behind on your rent, and consult with an chaser if possible . Call Landlord-Tenant Legal Help Network (LTLAN) at 202-780-2575  or the Office of the Tenant Abet ( 202-719-6560 ) for legal help. You may have defenses or obtain emergency rental assistance to help you remain in your dwelling house.

What about filing new cases in Landlord and Tenant Courtroom?

Except under limited wellness and safety exceptions (Run across B24-163, the Eviction Moratorium Public Safety Exception Emergency Subpoena Act of 2021 ), l andlords are prohibited from filing new eviction complaints and evicting any tenant during the public health emergency and for threescore days later on the end of the emergency.  Starting October 12, 2021, landlords tin file for eviction for nonpayment of rent if the past due rent is equal to more than $600 and any of the post-obit applies:

1. The tenant fails to submit an emergency rental assistance application (which can be applied for here ) inside 60 days of receiving a notice of past due rent;
2. The tenant's application for emergency rental assistance was denied, or the application was approved with a residue of equal to or greater than $600 remaining unpaid, and the tenant and housing provider have not established a rent payment plan within 14 days of the deprival; or
3. A tenant with a rent payment program is at to the lowest degree $600 or two months behind on the terms of the payment programme, whichever is greater; and
4. The landlord has provided a Notice to Vacate to the tenant that complies with the constabulary.

Starting January 1, 2022, landlords can begin filing all other eviction cases.

What information does the Notice to Vacate for Non-Payment of Hire demand to contain?

The Notice to Vacate needs to reference:

1. The amount due;
2. The attachment of a ledger showing the dates of hire charges and payments for the period of delinquency;
3. The right to remain in the rental unit if the total residuum of unpaid rent is paid in full or if yous are current on a rent payment plan;
4. That the housing provider has initiated an application to STAY DC for emergency rental aid for whatsoever hire due afterward April 1, 2020, and that only the tenant or the tenant's authorized representative tin can complete the tenant portion of the awarding;
5. That if the ledger shows amounts due prior to April 2020, you should also seek help from other District emergency rental aid programs, such as the Emergency Rental Assistance Programme ("ERAP");
6. That the tenant has 60 days, or until a specified date, to submit the tenant portion of whatsoever application(s) for emergency rental assist;
7. Data about STAY DC, including the upper income limits per household size for STAY DC eligibility;
8. The circumstances under which the housing provider can file the eviction activeness;
9. That the adjacent notice volition be a summons to appear in court;
10.  That the tenant has the right to defend oneself in court, and that only a court tin social club a tenant's eviction.
11.  The contact information for legal representation: "For further help or to seek complimentary legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575."

Exercise I take to pay late fees for rent that came due during the public health emergency?

No. Landlords are prohibited from charging a tardily fee for any month that falls during the public health emergency. For months that autumn earlier or after the public health emergency, your landlord otherwise will be able to impose late fees if your charter allows them and if you practise not pay your rent inside 5 days of the due date (or inside a longer grace period indicated in your lease). The tardily fee cannot exceed 5% of your rent. If your rent is subsidized, your landlord can only impose a late fee on the rent portion yous are responsible for.

How can I go help paying my rent?

If y'all cannot keep upwards with your hire, you should allow your landlord know, then you tin talk over a repayment programme, and endeavor to pay the portion of rent y'all can pay. There are programs that tin help yous pay your rent. See Emergency Rental Assistance Program ("ERAP") | dhs (dc.gov) and Stronger Together by Profitable You ("STAY DC") | stay (dc.gov) for rental assistance data. STAY DC also offers utility assistance. To apply for STAY DC, go to stay.dc.gov or call 833-4STAYDC (833-478-2932). The STAY DC phone call centre tin can also connect you to application help and refer y'all to ERAP and other District emergency rental-assistance programs.

Does my landlord have to let me to enter into a rent payment plan?

Yes, if you lot can show that the public health emergency caused y'all directly or indirect financial hardship. The payment plan should embrace all hire owed during the public wellness emergency and for one year after the finish of the emergency, and fees that are office of your lease, e.g., amenity fees. Your landlord has to create an awarding procedure for rent payment plans and has to take applications via telephone and online. You practice not lose whatsoever of your rights every bit a tenant if you sign a payment agreement. By law, the repayment plans may not contain any waiver of the tenant's rights under the lease or District of Columbia law. A tenant entering into a payment plan retains the right to contest the amount of rent due unless this is agreed to in writing by both parties.

Before signing a payment understanding, you should consult with an attorney if possible, including the Landlord-Tenant Legal Assist Network (LTLAN [BJ(2] ) at202-780-2575 or the Office of the Tenant Advocate (202-719-6560). You should non sign an agreement you lot cannot uphold. If your landlord wrongfully denies you a rent payment plan, you may file a complaint with the Rent Administrator at the D.C. Department of Housing and Community Development (DHCD), Rental Accommodations Segmentation (RAD) at202-442-9505. Select option #3 for RAD.

Was my landlord allowed to increase my hire during the public health emergency?

If yous live in unsubsidized, private housing (hire-controlled or non), your landlord cannot increase your rent during the public health emergency. Your landlord cannot issue you a hire increase notice during the public wellness emergency, even if the rent increment would take place afterwards the end of the emergency.

If you live in subsidized housing (e.yard., public housing, housing voucher, etc.), your portion of the rent can increase during your income recertification period, as earlier the emergency. If your income has decreased, study the income subtract immediately to: the Housing Choice Voucher Programme, past email at hcvpcovid19interim@dchousing.org or phone at202-535-thou; for public housing, by email at phcovid19interim@dchousing.org or call your belongings direction office.

Can my landlord increase my rent at present that the public health emergency has ended?

No. Hire increases cannot occur until after December 31, 2021. Landlords must provide a minimum of a xxx-mean solar day detect before a rent increment can occur, and then higher rent cannot be charged until February 2022. Tenants whose hire is determined by DC Housing Authority or HUD, can feel rent increases during and subsequently the public health emergency as long equally the increment comes from Federal constabulary requirements.

Was my landlord allowed to serve a Detect to Vacate on me during the public health emergency?

No. A23-415 , The "Eviction Discover Moratorium Emergency Amendment Deed of 2020", which became constructive on October 14, 2020, prohibits a landlord from issuing a detect to vacate to a tenant during the public health emergency ("PHE") and for sixty days thereafter.

I gave my landlord a Find to Vacate before the public health emergency. Practise I need to move?

No. All Notices to Vacate are delayed until afterwards the public health emergency ends, plus the same number of days equally you had before the emergency was declared on March 11, 2020. The Discover to Vacate is then in upshot the first day of the calendar month later on the Notice expires.

I need to break my lease and movement to some other location. Tin can I do that?

If you are in the center of an unexpired lease, you need your landlord's permission to suspension your lease. Your landlord can technically require you to pay hire for the remainder of your lease unless they are able to find a new tenant to "supervene upon" you. If you are renting month-to-month, you can provide a thirty-day Notice to Vacate and so should leave before the first day of the calendar month after the Discover expires.

My landlord asked me if I would like to renew my charter or provide a Observe to Vacate.

During the public health emergency and for 30 days afterwards, all tenant deadlines are delayed. If your charter period expired during the public health emergency, you lot will become month-to-month without a rent increase while the public health emergency is in identify. Xxx days afterward the public health emergency expires, you volition accept to decide whether to continue month-to-calendar month, sign a new lease, or vacate the belongings, depending on your options.

Do I have to pay for civilities that are unavailable?

No. Your landlord must provide y'all a pro rata refund of the fee for each mean solar day the assiduities was unavailable. If the amenity fee is included in your rent, and so your landlord is not obligated to reduce your rent.

I tin't afford to pay my utility bills. Volition my utilities be shut-off?

No. Utility companies (including electric, gas, water, cablevision, and telecommunication) cannot disconnect services during the public health emergency and xv days afterward the finish of the emergency. However, cablevision and telecommunication companies can reduce services if you exercise not pay your bills, as long as they still provide yous basic services. Utility providers must offer a payment plan option to eligible customers for payments that occur during the public health emergency plus (a) threescore days for a cable or telecommunications operator that the Public Service Commission does not regulate (Comcast/Xfinity Unlimited, Vonage, and Verizon Fios), (b) half-dozen months for any other utility provider, including electrical and gas. If you would like to be eligible for a payment plan with your utility provider(due south), yous should notify them that you are unable to pay your bills due to the public wellness emergency.

Starting Oct 12, 2021, a utility company shall non disconnect, suspend, or reduce service, for non-payment of a bill, any fees for service or equipment, or any other charges, if:

1. The utility visitor has not engaged the customer regarding the past due utilities;
2. The customer owes less than $600;
3. The client has entered into a payment program with the company and either is meeting the terms of the payment plan or is less than 2 months behind the terms of the payment programme;
4. Prior to October 12, 2021, the customer has requested to enter into a payment programme with the company and fewer than 45 days accept elapsed post-obit the customer's initial request; or
5. The Mayor has certified or the customer has provided documentary evidence that the customer qualifies for utility disconnection relief and non more than ninety days have elapsed since October 12, 2022 (i.e. has a STAY DC application awaiting approval or under appeal; within the prior 6 months, received or was approved for a benefit under the Low-Income Home Free energy Assistance Programme ("LIHEAP"), Utility Discount Program ("UDP"), DC Water Emergency Relief Program ("CAP"), or STAY DC Program; is receiving a benefit under the Supplemental Nutrition Assistance Plan ("SNAP") or Temporary Assistance for Needy Families ("TANF") programme; or is 21 years of historic period or older and receiving a benefit nether Medicaid or the DC Healthcare Alliance).

For a period of xc days first on Oct 12, 2021, a company shall restore service to a customer gratis of accuse when the customer makes a payment to the company of at least $x; provided, that the customer enters into a payment plan OR the Mayor or the client documents customer eligibility for utility disconnection relief.

Are there assistance programs to help tenants pay their utility bills?

Yes. It's important to contact your utility company immediately if you are having trouble paying your bills, considering many will exist able to assist yous with setting up a payment plan. Verizon, Pepco and Washington Gas offering discount programs for low-income residential customers, as well as seniors and persons with disabilities. Qualified District residents may apply for the Utility Discount Programs to secure a reduced rate on their electric and natural gas bills.

There are also grants available for some tenants. If y'all've received a disconnection notice or are currently disconnected, you may be eligible for an annual grant of up to $1,000 through the Washington Area Fuel Fund. Tenants in Wards one-6 tin call (202) 332-5000 and those in Wards seven-8 tin telephone call (202) 678-9771 to learn more than. The Greater Washington Urban League also provides up to $500 in help to eligible customers facing disconnection. Phone call (202) 265-8200 to lean more. Consumers having trouble paying their Pepco or Washington Gas bills are encouraged to apply for one-time assistance payments of $250-$ane,800 to cover heating and cooling costs  through the Section of Energy & Surround. You can also contact the DC Public Service Commission at (202) 626-5120 to learn if at that place is other help bachelor.

Does my landlord accept to clean the common areas of my residential edifice?

Yes. Landlords must clean common areas, including doors, railings, seating, and the exterior of mailboxes, at all times.

Do I have to wearable a mask inside my flat building?

Yes. You as well need to maintain 6-feet of distance from other people who are not inside your household.

Can my landlord admission my unit for repairs?

Yes. For non-emergency repairs, your landlord should provide you with a 48-hours' written notice, such as a text message or an electronic mail, and should only enter your unit Monday through Saturday, betwixt 9AM and 5PM, unless you concur to otherwise. During the public health emergency, you may request, ideally in writing, that not-emergency repairs be addressed later on the emergency, peculiarly if you are elderly or have a condition that puts you at risk of contracting COVID-19.

Does my landlord accept to accost repair issues in my rental unit of measurement still?

Yeah, your landlord must fix urgent repair problems. Emergency repairs include burn down hazards, h2o leaks or flooding, sewage backups, or annihilation else that affects your living atmospheric condition. If your landlord does not address the emergency repair upshot, you can file a Housing Conditions complaint at DC Superior Court by filing an emergency movement and fee waiver application by mailing these documents to Civilefilings@dcsc.gov . You can find Housing Weather condition Calendar forms at: https://world wide web.dccourts.gov/services/civilmatters/housing-conditions-calendar .

You can as well call the D.C. Department of Consumer and Regulatory Affairs (DCRA) at(202) 442-9557 ext. six or dial311 or email dcra.housingcomplaints@dc.gov . For building-broad issues, contact OAG'due south Consumer Protection Hotline at:(202) 442-9828 or email us at: SocialJustice@dc.gov .

What happened to my Tenant Opportunity to Buy Human activity (TOPA) rights, and other tenant association rights, during the public health emergency?

All deadlines for the exercise of tenant clan rights are tolled during the public health emergency and for 30 days after the end of the public wellness emergency. These include TOPA rights, with a very limited exception to honor requirements nether the Low Income Housing Tax Credit Program.

campbellmosely1979.blogspot.com

Source: https://oag.dc.gov/blog/tenant-rights-now-public-health-emergency-has

Share this post