The declaration of a public health emergency by the Mayor triggered a
progression of legislative responses by the Council of the District of Columbia to
protect residents from losing their housing or even facing the prospect of losing their
housing. On March 17, the Council enacted, as part of the COVID-19 Response
Emergency Amendment Act of 2020, a moratorium on evictions “[d]uring a period
of time for which the Mayor has declared a public health emergency” (“the eviction
moratorium”). 6 Two months later, on May 13, the Council enacted, as part of the
3
Mayor’s Order 2020-45: Declaration of Public Health Emergency –
Coronavirus (COVID-19), Executive Office of the Mayor (March 11, 2020),
https://mayor.dc.gov/release/mayor’s-order-2020-045-declaration-public-health-
emergency-coronavirus-covid-19 https://perma.cc/VBY9-9PME.
4
Mayor’s Order 2020-46: Declaration of Public Health Emergency –
Coronavirus, Executive Office of the Mayor (March 11, 2020),
https://mayor.dc.gov/release/mayor’s-order-2020-046-declaration-public-health-
emergency-coronavirus-covid-19 https://perma.cc/2BLY-DG5Q.
5
COVID-19 Surveillance, Gov’t of the District of Columbia, Muriel Bowser,
Mayor, https://coronavirus.dc.gov/data https://perma.cc/K6LW-49MZ (last visited
May 6, 2021).
6
See D.C. Act 23-247 § 308, 67 D.C. Reg 3093 (Mar. 17, 2020); D.C. Code
§ 42-3505.01(k)(3) (2020 Repl.). Meanwhile Congress enacted a temporary federal
moratorium on eviction filing as part of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”), see 15 U.S.C. § 9058(b). After this moratorium
expired in July 2020, the Centers for Disease Control and Prevention (“CDC”)
ordered a nationwide temporary federal moratorium on evictions, see Temporary
Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85 Fed.
3
Coronavirus Omnibus Emergency Amendment Act of 2020, the moratorium that is
the subject of this case, disallowing the filing of “a complaint” for a judgment of
possession “[d]uring a period of time for which the Mayor has declared a public
health emergency . . . and for 60 days thereafter” (“the filing moratorium”). 7 By
virtue of making this Act effective as of March 11, 2020, the Council made the
component filing moratorium retroactive to that date. See D.C. Act 23–317 § 29.
On October 14, the Council enacted, as part of the Eviction Notice Moratorium
Emergency Amendment Act of 2020, provisions disallowing housing providers
from issuing notices to vacate to their tenants8 and prohibiting them from
“[e]ngag[ing] in any action that is intended to force tenants to leave their housing or
otherwise give up their rights under the law.” 9 And in November, the Council
enacted legislation requiring housing providers to issue both notices to vacate and
notices of the providers’ intent to file a claim to tenants before filing any type of
claim for a judgment of possession. 10 Although these provisions were enacted
pursuant to emergency or temporary legislation, they have been extended and are in
effect at the time of this order. 11