Attorney General Brian L. Schwalb today announced that the Office of the Attorney General (OAG) is testifying in connection with the Shared Housing Agreements and Resolution Effort (SHARE) Act, legislation that would create a mediation pilot program designed to resolve nonpayment of rent eviction cases more quickly. Based on OAG's experience in housing-related matters, OAG is urging the Council to adopt changes to the proposed legislation to better address concerns OAG has discussed with both landlords and tenants.

In testimony before the Council on behalf of OAG, Beth Mellen, Senior Counsel for Housing Protection and Affordability and Assistant Deputy Attorney General for the Public Advocacy Division, outlines how slow eviction timelines are harming both landlords and tenants and how an early mediation program can help address the ongoing systemic challenges posed by historically large rent arrearages and nonpayment of rent. OAG's testimony also urges the Council to amend the proposed legislation to ensure the early mediation program is maximally successful.

"In order to protect and expand access to safe and affordable housing for District residents, we must address the challenges that historically high levels of rent arrearages and nonpayment of rent pose to our housing market," said Attorney General Schwalb. "The SHARE Act is a meaningful step in the right direction. These amendments are based on extensive conversations with both landlords and tenants, and will help resolve eviction cases more quickly."

In testimony before the Council on behalf of OAG, Mellen explains that an early mediation program is needed because:

• Eviction case timelines have extended since the pandemic. Previously, eviction cases had initial hearings about 30 days after a complaint was filed, but now it takes up to 90 days for the initial hearing. Follow-up hearings used to take place within two to three weeks; they are now scheduled up to two to three months later.
  
• Slower eviction case timelines are harming both landlords and tenants. Delays hurt landlords waiting to get paid, but also harm tenants at risk of eviction and other tenants who are paying rent.
  • With longer timelines, back rent balances often grow to the point that tenants facing eviction for nonpayment cannot catch up and are unlikely to avoid eviction.
    
  • Tenants who are still paying rent may see worsening property management and housing conditions because affordable housing landlords, some of whom are currently only collecting 70 to 80% of the rent that is due, find it increasingly difficult to pay all of their bills, including for maintenance and long-term capital investment, and for debt service.
    
  • If landlords are forced into foreclosure or bankruptcy, affordability covenants on their properties also could be lost, decreasing the District's overall supply of affordable units.
    
• Funding for the DC Courts has been flat for four years, despite year over year rising costs, and the proposed federal Fiscal Year 2027 budget currently includes a 13% cut. OAG supports increased federal funding for the . Courts to ensure Superior Court can devote enough judges and staff resources to move cases in the Landlord and Tenant Branch quickly. Given the challenges facing Superior Court, creative alternatives to improve eviction case processing must be implemented.
  
• Early mediation of eviction cases can help address ongoing nonpayment of rent challenges the system is facing. An eviction mediation program can speed resolutions in these cases and help minimize the strain on the Court. Many eviction cases settle - less than 1% went to trial in 2025 - but settlements often happen months into the case. Early mediation uses the time between an eviction filing and initial hearing to disrupt nonpayment, resolve cases, conserve judicial resources, and allow landlord and tenant attorneys to focus on cases where early settlement is not possible.

To ensure a successful pilot program, OAG is urging the Council to amend the SHARE Act to:

• Change program timelines to avoid adding any more delays to the eviction process. Landlords do not want mediation to add additional time to the eviction process, and likely will not participate in a mediation program that contributes to further delays.
  
• Add funding for housing counseling and legal services. Tenants want to ensure that they have access to counsel during mediation, and likely will not participate in a mediation program if they do not have counsel to assist them.
  
• Increase the number of eviction cases the program could handle. Currently, the proposed pilot program would be capped at 2,000 cases per year out of 15,000 evictions filed annually in the District. OAG suggests lifting the pilot cap to at least 5,000 cases per year.

Beth Mellen's testimony on behalf of OAG is available here.

More information and the full bill text is available here.

OAG's Work to Preserve and Expand Access to Affordable Housing

OAG works to preserve and expand the District's stock of safe, affordable, and habitable housing by enforcing property maintenance code standards, consumer protection and civil rights protections for tenants, and antitrust protections for the market; advocating in the zoning process; and collaborating with stakeholders and District agencies throughout the housing ecosystem.

OAG convenes bi-monthly meetings with tenant organizers and attorneys, and over the past two years, has prioritized meeting with affordable housing providers, property management companies and developers and their membership and advocacy organizations to hear their concerns. Attorney General Schwalb has attended each of the Housing Unity DC's roundtable sessions, which have been supported by the Federal City Council, and OAG's Senior Counsel for Housing Protection and Affordability, Beth Mellen, facilitates Housing Unity DC's Nonpayment of Rent Working Group. The group is convening affordable and market-rate landlords, members of the landlord and tenant bar, judges, tenant organizers, and policy experts to design recommendations to shorten eviction case processing timelines, including through early mediation.

Resources for Tenants

Tenants can access OAG's resources to help renters for guidance on how to report problems with your landlord or your housing conditions. If you are a District tenant and have a landlord issue, please contact our Consumer and Tenant Response team at 202-442-9828, [email protected], or oag.dc.gov/complaint.

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