Committee advances ERAP Amendment Act to limit long-running evictions and tighten eligibility

Chair Matt Fruman, chair of the Committee of Human Service, moved the committee print for B26-0046, the Emergency Rental Assistance Program Amendment Act of 2025, which the committee approved to report out with leave for staff to make technical and conforming changes.

The bill would make several changes to the District—s ERAP and related eviction procedures: allow (rather than require) judges to grant stays in eviction cases with pending ERAP applications; require applicants to document eligibility; revise the definition of a qualifying emergency so limited ERAP funds target families with time-limited emergencies; incentivize landlord cooperation by creating a rent-waiver defense if landlords do not provide required information; and allow a one-time rescheduling of eviction for tenants who never had an opportunity to apply while their case was pending.

Why it matters: Fruman said the measure is intended to "shore up ERAP and our courts without jeopardizing fair access to the program." He argued that without a working eviction process that encourages landlords and tenants to work together, the system cannot function and the city risks losing affordable housing stock. The markup included a data-driven backdrop: unpaid rent has increased dramatically since 2020, and the committee cited an estimate that 22,000 units representing $460,000,000 of District investment are at risk of foreclosure.

Committee debate focused on tradeoffs between preventing eviction and avoiding indefinite delays in the eviction process. Councilmember Zachary Parker praised the committee print but warned that ERAP "is not an end all be all measure to address every, financial or housing need for residents" and urged improvements to the ERAP application process so it does not operate purely on a first-come, first-served basis. Parker asked whether the proposed 30-day window for landlords to produce required documentation might be too short for small or "mom-and-pop" landlords.

Councilmember Christina Henderson pressed staff to clarify statutory language and implementation details, asking whether the bill uses "may" versus "shall" when referring to courts requiring landlord cooperation. Fruman and staff responded that the bill is intended to create incentives for cooperation without unduly slowing court processes and that the rent-waiver defense would operate in practice as a defense raised at trial or in a motion for summary judgment, not as an automatic delay.

Councilmember Robert White emphasized that most applicants are not "gaming the system," saying, "This is not a silly city full of terrible landlords," while supporting the overall direction of the legislation. Councilmember Windell Felder said the bill is "a good first step" toward balancing investor confidence and tenant protections.

The committee vote to report the committee print for B26-0046 passed by voice vote; the chair recorded the ayes and declared the motion passed. Members and staff said questions remain for agencies and for continued work between the markup and the first and second readings, including clarifying the timing for the 30-day documentation requirement and exploring whether the ERAP portal should open more than once per year to address equity concerns.

The legislation, as marked up, is intended to realign ERAP toward time-limited emergencies, limit incentive for long-running eviction delay, and encourage landlord cooperation while preserving access for eligible tenants.

Provenance: The discussion introducing B26-0046 begins when the chair outlined the bill and its purpose and continues through the committee vote to report the print. The transcript includes committee debate and multiple clarifying exchanges with members and staff.