District of Columbia v. Towers (2021)

Citation: District of Columbia v. Towers (2021)
Parent Document: District of Columbia v. Towers (2021)
Jurisdiction: DC (municipal)
Effective Date: 2021-05-13
Original Source: https://www.courtlistener.com/opinion/4882760/district-of-columbia-v-towers/ ↗

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As amici in support of the District’s motion for a stay pending appeal argue,
even the individuals who withstand the pressure to self-evict when faced with a
complaint for possession may suffer emotional harm in the form of heightened
anxiety and depression. The trial court dismissed this harm argument on the ground
that it had not been given “substantial evidence . . . that the filing of a lawsuit
significantly increases the emotional distress that tenants or other occupants at risk
of eviction already experience.” But it is self-evident that the initiation of court
proceedings to force an individual or a family out of their home during a pandemic
would cause significant emotional harm.
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Recognizing the technological difficulties individuals may face in accessing
remote hearings, the D.C. Courts have set up five sites in all four quadrants of the
District where individuals can reserve a computer station to attend a remote hearing.
See D.C. Superior Court Opens 5 Locations for Wifi, Computer Access, Child
Support Servs. Div., Off. of the Attorney General for the District of Columbia (Sept.
18, 2020), https://cssd.dc.gov/release/dc-superior-court-opens-5-locations-wifi-
computer-access https://perma.cc/K4H3-5PA4.
13
mortgage assistance programs, 24 in early April, the Mayor announced a $350 million
assistance program, Stronger Together by Assisting You (STAY DC), to fund grants
for D.C. residents for up to eighteen months to pay missed rent and utility bills dating
back to April 1, 2020, as well as upcoming rent and utility expenses. See Stay DC,
Gov’t of the District of Columbia, Muriel Bowser, Mayor, https://stay.dc.gov
https://perma.cc/UUM5-8FFV (last visited May 6, 2021). 25 Landlords may initiate
applications for their qualifying tenants. Id. Meanwhile the economy appears to be
recovering and employers are adding employees. 26 With additional time, once
assistance is received or a job is regained, tenants may be able to avoid losing their
homes. A central aim of a filing moratorium, after all, is not simply to stave off the
inevitable; it is to give tenants time to stabilize and avoid displacement. 27 3. Balancing Harm to Property Owners

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