May 5, 2020

Coronavirus Update: New Emergency Legislation

Dear Neighbors,

Today the Council unanimously adopted a fourth piece of emergency legislation in response to issues that have arisen during the coronavirus public health emergency. The main provisions from the legislation are listed below and highlights from the bill include the closing of an evictions loophole, requiring residential and commercial landlords to offer tenants rent repayment plans, and new health reporting requirements for nursing homes, longterm care facilities, and the DC Jail. A complete copy of the bill is available: here.

One measure that I put forth that has since been postponed is language to create a utility repayment program for local ratepayers. The logic behind this provision, similar to my rent repayment plan, is that residents who are falling behind on utility payments now are unlikely to be able to make large lump sum payments once the disconnection protections under the public health emergency expire. A repayment plan provides residents who are struggling with a stronger chance to survive through the period of economic recovery. My colleague Councilmember McDuffie wanted more time to work together on the precise language of this provision, and we should expect to see a bill finalized in the next two weeks.

On a related note, the ability of the District to recover is closely dependent upon our ability to stem the community spread of this virus. Under the Mayor's Oder, which follows CDC guidelines, residents are not required to wear a mask in public unless in very specific congregate settings, such as at the grocery store. Although wearing a mask is not a requirement or enforceable by police authorities, it is highly recommended and extraordinarily important that you wear a mask in public. If we all continue to strictly adhere to social distancing protocols and always wear a mask when outside of the home (yes, even during exercise), then we will hasten the time it will take for the District to return to normalcy. And, most importantly, we may be able to spare others and ourselves from the suffering caused by this disease.

Regards,

Mary

Please see coronavirus.dc.gov for the latest District updates & resources on COVID-19

If you know someone who would like to receive these updates directly, he or she may sign up through marycheh.com or by emailing [email protected]

New Emergency Legislation Passed

Coronavirus Omnibus Emergency Amendment Act of 2020 - This is the fourth omnibus legislation that has passed since the outset of the public health emergency. As passing response legislation is an ongoing process, please continue to note your challenges and submit ideas or proposals for future legislation with our office.

While not exhaustive, the main components of the emergency legislation are listed below. Councilmember Cheh was the lead on the three provisions below marked in red:

Housing Protections

• Provided clarification on eviction protections during the emergency by prohibiting the filing a complaint for eviction. This closes an existing loophole that allowed complaints to be filed, but not acted on, which would have resulted in tenants having no opportunity to cure once the public health emergency ends
• Requires landlords (with 5+ units) to establish rental repayment plans for tenants. As noted in a recent WAMU piece: The legislation would require both residential and commercial landlords to establish payment terms with tenants who can prove that they’re facing financial hardship due to COVID-19.
• Landlords must refund tenants for amenity fees that have been collected for amenities that were not accessible during the public health emergency
• Landlords are now required to clean common areas 'regularly.' The legislation also prescribes the specific cleaning requirements
• Where not permitted under cooperative bylaws, Cooperative Associations are now permitted to hold remote meetings during the public health emergency

Modifying Government Functions

• The Department of Public Works will now be permitted to provide residents with virtual composting trainings over videoconference
• Enables Advisory Neighborhood Commissions (ANCs) to provide grants to organizations providing humanitarian relief efforts or responding to the public health emergency
• Reformed the signature collecting process for nomination to enable electronic signature collections/submissions, thereby supporting social distancing protocols

Supporting Local Restaurants

• Limits third-party food commissions to 15%. As recently covered in The Washington City Paper, third-party food delivery services (think delivery apps such as Uber Eats, Grubhub, or Caviar) currently charge restaurants anywhere between 10-35% for delivery service; this is in addition to the delivery fee charged to customers. For those restaurants that remain open during COVID-19, these exorbitant fees significantly cut into a restaurant's slim profit margins. This new cap on third-party commissions will ensure that restaurants are able to keep a higher percentage of their revenue.

Safety and Health

• Requires the DC Jail to provide the Judiciary Committee with weekly updates on (1) the number of detained individuals, (2) agency response to the Banks v. Booth decision, and (3) actions taken to improve conditions of confinement and provide testing for inmates
• Requires community residence hospice facilities and home care locations to report daily to the Department of Health on areas where they are unable to meet staffing requirements as a result of the public health emergency
• The above transparency measures will enable the District to more appropriately identify and expediently respond to health concerns in congregate settings

For the legislation in its entirety, please see: Coronavirus Omnibus Emergency Amendment Act of 2020.

ReOpen DC Metrics at a Glance

When to ReOpen DC - During the Mayor's Monday press briefing, she provided greater insight into the metrics that need to be met in order for the District to begin the transition to reopening. These metrics include demonstrated decrease in community spread, a sustained healthcare capacity, and the strengthened/expanded coronavirus Contact Tracing Task Force. See the chart below from the Executive:

For the Mayor's May 4th report in full, please see: Situational Report.

Relief on Student Loan Repayment during COVID-19

Expanded Relief - On Friday, Mayor Bowser announced the expansion of financial relief options for District residents who are struggling to pay private education loans due to the coronavirus pandemic. The initiative will provide qualifying District residents with loan forbearance and certain financial protections. Twelve major student loan servicers are participating in this effort.

Residents with commercially-owned Federal Family Education Loan Program (FFELP) loans or privately-held student loans will be eligible for this expanded relief.

Relief options under the initiative include:

• Providing a minimum of 90 days of forbearance
• Waiving late payment fees
• Ensuring that no borrower is subject to negative credit reporting
• Ceasing debt collection lawsuits for 90 days
• Working with the borrower for enrollment in other borrower assistance programs, such as income-based repayment options

For additional resources regarding student loans, borrowers can contact:

• DISB Student Help: disb.dc.gov/studentloanhelp
• DISB Student Loan Ombudsman: (202) 727-8000 or [email protected]
• disb.dc.gov/service/file-complaint-or-report-fraud to file a complaint with DISB
• The Consumer Financial Protection Bureau: consumerfinance.gov/complaint/

Virtual Education Recruitment Fair!

A Note on the ReOpen DC Community Survey

Residents are strongly encouraged to share reopening ideas and input with the ReOpen DC Advisory Group. However, a number of residents have reported receiving a notice that their session had timed out or expired. Councilmember Cheh has alerted the Executive of this issue and their tech team is investigating whether those submissions were lost or successfully submitted. Once the Executive determines whether residents who received 'error' messages will need to resubmit their surveys or not, an update will be posted in this newsletter.

General ReOpen DC Survey - The ReOpen DC Advisory Group assesses community feedback in addition to providing recommendations, expert advice, and guideline proposals for specific industry and government sectors: General Survey.

Committee-Specific ReOpen DC Survey - This survey poses a few general questions and allows residents to share any sector-specific ideas, concerns, or specific feedback to the ReOpen DC Committees: Committee Survey.

On April 29th, the Office of the Deputy Mayor for Economic Development (DMPED) began notifying applicants of the DC Small Business Recovery Microgrants of their award status. Notifications will continue on a rolling basis through May 8th. While the microgrant award funding will vary based on business type, independent contractors, sole proprietors, and the self-employed are eligible for $1,000. There is a $2,500 minimum for all other awards and a cap of $14,000. The average award is approximately $6,000.

After notifications are made, funding will be dispersed through local Community Development Financial Institutions (CDFIs), including City First Enterprises, Industrial Bank, Latin Economic Development Corporation (LEDC), Life Assets, Inc. and Washington Area Investment Community Fund (WACIF).

Please see DMPED's Frequently Asked Questions (FAQ) sheet for more information relevant to applicants.

Ending this Update on a Happy Note:

Happy Teacher Appreciation Week!

Our Office is Open!

Connect with our staff - While Councilmember Cheh's physical office is closed during the public health emergency, she and her staff are teleworking and will remain accessible for residents.

You may continue to email the office directly or reach us via phone through our main line at (202) 724-8062 with legislative ideas, budget requests, and constituent services requests.

FOLLOW MARY