Code of the District of Columbia

§ 28–4101. Definitions.

*NOTE: This section includes amendments by emergency legislation that will expire on September 5, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

For the purposes of this chapter, the term:

(1) “Natural disaster” means the actual or imminent consequence of any disaster, catastrophe, or emergency, including fire, other than a fire caused by human error or arson, flood, earthquake, storm, or other serious act of nature, which threatens the health, safety, or welfare of persons or causes damage to property in the District of Columbia.

(2) “Normal average retail price” means:

(A) In the case of services, not more than 10% more than the price at which similar services were sold or offered in the Washington Metropolitan Area during the 90-day period that preceded an emergency that resulted from a natural disaster, if an emergency is declared pursuant to § 28-4102(b), or the circumstances giving rise to a public health emergency, if an emergency is declared pursuant to § 7-2304.01; or

(B) In the case of merchandise, the price equal to the wholesale cost plus a retail mark-up that is the same percentage over wholesale cost as the retail mark-up for similar merchandise sold in the Washington Metropolitan Area during the 90-day period that immediately preceded an emergency that resulted from a natural disaster, if an emergency is declared pursuant to § 28-4102(b), or the circumstances giving rise to a public health emergency, if an emergency is declared pursuant to § 7-2304.01.

(C) Notwithstanding subparagraphs (A) or (B) of this paragraph otherwise to the contrary:

(i) For calendar year 2021, the "normal average retail price" means, for a rental vehicle as defined in § 50-1505.01(8), the average price at which a rental vehicle was leased during the same week of the same month in 2019 in the Washington Metropolitan Area; and

(ii) For calendar year 2022 and thereafter, the "normal average retail price" means, for a rental vehicle as defined in § 50-1505.01(8), the price at which a rental vehicle was leased during the same week of the same month of the prior year in the Washington Metropolitan Area.

(3) “Person” means a corporation, firm, agency, company, association, organization, partnership, society, joint stock company, or an individual.


(Mar. 20, 1992, D.C. Law 9-80, § 2, 39 DCR 675; Feb. 5, 1994, D.C. Law 10-68, § 27(g), 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 23, 41 DCR 5193; June 7, 2021, D.C. Act 24-96, § 306(b), 68 DCR 006025.)

Prior Codifications

1981 Ed., § 28-4101.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 306(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 306(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).