Schwalb Seeks Expanded Mediation for DC Eviction Cases

Attorney General Brian L. Schwalb wants to create an early mediation program to address the District's long eviction court delays.

Updated on Oct. 26, 2026 in Apartments

Bold flat-color editorial illustration of two neoclassical columns framing an open archway, representing legal resolution, in navy, cream, and red. — Attorney General Brian L. Schwalb is pushing the D.C. Council to implement early mediation for eviction cases to reduce significant court administrative backlogs. AI Illustration. Upload story photo >

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Attorney General Brian L. Schwalb is urging the D.C. Council to expand the SHARE Act to include an early mediation program for eviction cases involving unpaid rent. The proposal aims to resolve disputes before they reach the courtroom as the city faces significant administrative backlogs.

Why it matters

Extended court delays are turning temporary financial emergencies into permanent housing losses for residents, while also impacting the financial stability of landlords. Expanding mediation could provide a necessary off-ramp from the legal system for both tenants and housing providers.

Initial eviction hearings currently take 90 days to schedule, compared to roughly 30 days in the pre-pandemic era. Meanwhile, affordable housing providers are only collecting 70% to 80% of rent owed, with 15,000 cases filed annually in the District.

The players

Brian L. Schwalb

As the Attorney General for the District of Columbia, he is the chief legal officer responsible for representing the District in civil and criminal matters.

D.C. Council

This is the legislative branch of the District of Columbia government, responsible for enacting laws and overseeing the city's agencies.

The details

The proposed SHARE Act expansion would introduce mandatory mediation between the filing of a complaint and the first hearing, aiming to resolve at least 5,000 cases per year. The legislation also proposes legal assistance for tenants to provide better safeguards against court delays.

Pre-pandemic, initial eviction hearings occurred approximately 30 days after filing.
For the past four years, federal funding for D.C. Courts has remained unchanged.
Currently, initial eviction hearings take 90 days to schedule.
In 2025, fewer than 1% of eviction cases went to trial.
The proposed federal fiscal 2027 budget includes a 13% funding reduction for D.C. Courts.

Culture Shift

This move represents a shift toward alternative dispute resolution as a primary tool for housing stability, rather than relying on the traditional litigation-heavy approach. It moves the District away from the standard court process established by the original SHARE Act toward a more collaborative mediation model.

Renters facing temporary financial hardship may find an easier path to avoiding permanent eviction through the proposed mediation process. Conversely, the success of the program could influence how efficiently landlords are able to recoup the 20% to 30% of rent currently going uncollected.

The takeaway

Early mediation offers a practical pathway to resolve rent arrears before cases escalate into lengthy court battles. Tenants and landlords should monitor council discussions to understand how these potential changes could impact their legal rights and financial obligations.