(a) In a private cause of action, claim, or defense by a tenant against a residential property owner for a violation of Title 12G of the District of Columbia Municipal Regulations (12G DCMR § 101G et seq.) (“Property Maintenance Code”) or Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 100 et seq.) (“Housing Code”):
(1) A professional indoor mold assessment finding indoor mold contamination in a tenant’s dwelling unit or a common area of the property shall create a rebuttable presumption of a violation of the property owner’s obligation to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code. To establish the presumption, the tenant must demonstrate that the property owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant’s dwelling unit.
(2) When ruling in favor of a tenant with respect to a Property Maintenance Code or Housing Code violation based on a professional mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when:
(A) The tenant discovered the indoor mold;
(B) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant’s dwelling unit;
(C) The residential property owner received the indoor mold assessment in written or electronic form;
(D) The residential property owner did not remediate the indoor mold within 60 days; and
(E) The court finds that the residential property owner acted in bad faith.
(b) In issuing a notice of violation to a property owner for failure to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code, the Mayor shall have discretion to rely upon a professional indoor mold assessment.
(c) Not Funded.
(d) Not Funded.
Applicability of D.C. Law 23-188: § 5 of D.C. Law 23-188 provided that the change made to this section by § 2(c) of D.C. Law 23-188 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.