Code of the District of Columbia

Subchapter II. Rent Stabilization Program.


§ 42–3502.01. Continuation of Rental Housing Commission; composition; appointment; qualifications; compensation; removal.

(a)(1) The Rental Housing Commission established by § 42-4012 [expired] is continued and shall be composed of 3 members appointed by the Mayor with the advice and consent of the Council. The terms of members of the Rental Housing Commission appointed under the Rental Housing Act of 1980 shall expire upon the confirmation of at least 2 new members appointed pursuant to this section but no later than 90 days after July 17, 1985, and the Mayor shall appoint the new members within 30 days of July 17, 1985. The Mayor shall designate 1 member of the Rental Housing Commission as the chairperson and administrative head. The date of swearing in for a majority of the members of the Rental Housing Commission appointed pursuant to this section shall become the anniversary date for all subsequent appointments.

(2) The first members appointed after July 1, 2010, shall serve the following terms:

(A) One member’s term shall expire July 18, 2012.

(B) One member’s term shall expire July 18, 2013.

(C) One member’s term shall expire July 18, 2014.

(3) Upon the expiration of members’ terms pursuant to paragraph (2) of this subsection, Commissioners shall serve 3-year terms.

(a-1)(1) The Rental Housing Commission shall be composed of 2 regular members and a Chairperson, all of whom shall be appointed by the Mayor with the advice and consent of the Council in accordance with § 1-523.01(e); provided, that the Mayor may designate a member appointed before February 22, 2019, to serve as Chairperson until the Mayor appoints a Chairperson with the advice and consent of the Council.

(2) The first members appointed after July 1, 2010, shall serve the following terms:

(A) One member's term shall expire July 18, 2012.

(B) One member's term shall expire July 18, 2013.

(C) One member's term shall expire July 18, 2014.

(3) Upon the expiration of members' terms pursuant to paragraph (2) of this subsection, members shall serve 3-year terms; provided, that all terms have the same anniversary date.

(b) Each nominee to the Rental Housing Commission shall possess the following qualifications and, if appointed, maintain such qualifications for the duration of the member's term; provided, that paragraphs (5) and (6) of this subsection may not be used to disqualify any member appointed beforeFebruary 22, 2019:

(1) Be admitted to practice law before the District of Columbia Court of Appeals;

(2) Be a resident of the District within 180 days of taking office;

(3) Be neither a housing provider nor a tenant;

(4) Possess skills and experience relevant to the following:

(A) Litigation, preferably including both appellate practice demonstrated by written work product and exposure to the concerns of pro se litigants;

(B) Administrative law, preferably in an area of complex regulation; or

(C) Housing law, preferably in the area of rental housing and rent control or rent stabilization;

(5) Have at least 5 years of experience in the practice of law; and

(6) Possess judicial temperament and other expertise, experience, and skills necessary and desirable for a member of the Rental Housing Commission.

(b-1) Repealed.

(b-2) Each member of the Rental Housing Commission shall:

(1) Take an oath of office, as required by law, before the commencement of duties;

(2) Be accountable and responsible for the fair, impartial, effective, and efficient disposition of cases before the Rental Housing Commission;

(3) Refrain from conduct inconsistent with the duties and responsibilities of a member of the Rental Housing Commission;

(4) Devote full-time to the duties of the Rental Housing Commission;

(5) Not perform any duty, including engaging in the practice of law, that is inconsistent with the duties and responsibilities of a member of the Rental Housing Commission;

(6) Not be responsible to, or subject to the supervision or direction of, an officer, employee, attorney, or agent engaged in the performance of investigative, prosecutorial, or advisory functions for another District agency; and

(7) Conform to all legally applicable standards of conduct.

(c) Members of the Rental Housing Commission shall be appointed as administrative judges in the Excepted Service.

(d) Any person appointed to fill a vacancy on the Rental Housing Commission shall be appointed only for the unexpired term of the member whose vacancy is being filled.

(e)(1) The Mayor may remove a member of the Rental Housing Commission only for good cause.

(2) The Mayor shall provide the Council with written justification of the removal by the effective date of the removal.


(July 17, 1985, D.C. Law 6-10, § 201, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 2(a), 34 DCR 5304; Oct. 7, 1987, D.C. Law 7-31, § 4, 34 DCR 3789; Apr. 20, 1999, D.C. Law 12-248, § 2, 46 DCR 1113; Mar. 12, 2011, D.C. Law 18-327, § 2(a), 58 DCR 14; Feb. 22, 2019, D.C. Law 22-200, § 2(b), 65 DCR 12066.)

Prior Codifications

1981 Ed., § 45-2511.

Section References

This section is referenced in § 42-3404.33.

Effect of Amendments

D.C. Law 18-327 rewrote subsec. (a); and added subsec. (b-1). Prior to amendment, subsec. (a) read as follows: “(a) The Rental Housing Commission established by § 42-4012 is continued and shall be composed of 3 members appointed by the Mayor with the advice and consent of the Council. The members’ terms shall not exceed 3 years. Members may be appointed for successive terms. The terms of members of the Rental Housing Commission appointed under the Rental Housing Act of 1980 shall expire upon the confirmation of at least 2 new members appointed pursuant to this section but no later than 90 days after July 17, 1985, and the Mayor shall appoint the new members within 30 days of July 17, 1985. The Mayor shall designate 1 member of the Rental Housing Commission as the chairperson and administrative head. The date of swearing in for a majority of the members of the Rental Housing Commission appointed pursuant to this section shall become the anniversary date for all subsequent appointments.”

Cross References

Mayoral nomination of Rental Housing Commission, review and approval of Council, see § 1-523.01.

Merit system classification policy and grade levels, see § 1-611.01.

Expiration of Law

Section 907 of D.C. Law 6-10, as amended by § 2(d) of D.C. Law 8-48 and § 818 of D.C. Law 11-52, provided that all subchapters of the act, except III and V shall terminate on December 31, 2000.

Applicability

Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to subsection (a) of this section by § 2(b)(1) of D.C. Law 22-200 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.

References in Text

Section 42-4012, referred to in the first sentence of subsection (a), expired pursuant to § 907 of D.C. Law 3-131 on April 30, 1985. See Chapter 40 of this title.

Editor's Notes

For temporary amendment to the termination provision of D.C. Law 6-10, see § 818 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).


§ 42–3502.01a. Powers and duties of the Chairperson of the Rental Housing Commission.

The Rental Housing Commission shall be headed by a Chairperson who shall be accountable and responsible for the fairness, impartiality, effectiveness, and efficiency of the Rental Housing Commission.

(1) The Chairperson shall:

(A) Be the administrative head and personnel authority for the Rental Housing Commission;

(B) Develop and implement a code of professional responsibility for members of the Rental Housing Commission;

(C) Monitor the quality of administrative adjudication;

(D) Issue and implement procedures, practices, and guidelines relating to the operations or responsibilities of the Rental Housing Commission;

(E) Issue and transmit to the Mayor and the Council an annual report, not later than 90 days after the close of the first complete fiscal year of the Commission's operation as an independent agency, and each fiscal year thereafter, on the operations of the Rental Housing Commission; and

(F) Establish necessary or desirable standards and specialized training programs for members of the Rental Housing Commission;

(2) The Chairperson may:

(A) Provide for, or require completion of, continuing education programs for members of the Rental Housing Commission and other employees of the Rental Housing Commission considered to be necessary or desirable;

(B) Appoint, in accordance with applicable law and available funding, promote, discipline, and remove staff employed by the Rental Housing Commission, other than members of the Rental Housing Commission;

(C) Develop and maintain a program for student interns and law clerks to gain experience at the Rental Housing Commission; and

(D) Exercise any other lawful authority to effectuate the purposes of this chapter.


(July 17, 1985, D.C. Law 6-10, § 201a; as added Feb. 22, 2019, D.C. Law 22-200, § 2(c), 65 DCR 12066.)


§ 42–3502.02. Powers and duties of Rental Housing Commission.

(a) The Rental Housing Commission shall:

(1) Possess sole authority to issue, amend, and rescind rules and procedures for the administration of this chapter except rules and procedures subject to § 2-1831.05(a)(7);

(2) Decide appeals brought to it from decisions of the Rent Administrator or the Office of Administrative Hearings, including appeals under the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, and the Rental Housing Act of 1980; and

(3) Certify and publish before March 1 of each year:

(A) The annual adjustment of general applicability of the rent charged for a rental unit under § 42-3502.06;

(B) The most recent annual cost-of-living adjustment of benefits for social security recipients established pursuant to section 415(i) of the Social Security Act, approved August 28, 1950 (64 Stat. 506; 42 U.S.C. § 415(i));

(C) The maximum annual rent adjustment that may be imposed on a unit occupied by an elderly tenant or tenant with a disability pursuant to § 42-3502.24(a); and

(D) The qualifying income for an elderly tenant or tenant with a disability to be exempt from an adjustment in the rent charged pursuant to §§ 42-3502.10, 42-3502.11, 42-3502.12, and 42-3502.14 and whose rent charged may not be increased under § 42-3502.15

(b)(1) The Rental Housing Commission may hold hearings, sit and act at times and places within the District, administer oaths, and require by subpoena or otherwise the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents as the Rental Housing Commission may consider advisable in carrying out its functions under this chapter.

(2) A majority of the Rental Housing Commissioners shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining Rental Housing Commissioners to exercise all the powers of the Rental Housing Commission.

(3) In the case of contumacy or refusal to obey a subpoena issued under paragraph (1) of this subsection by any person who resides in, is found in, or transacts business within the District, the Superior Court of the District of Columbia, at the written request of the Rental Housing Commission, shall issue an order requiring the contumacious person to appear before the Rental Housing Commission, to produce evidence if so ordered, or to give testimony touching upon the matter under inquiry. Any failure of the person to obey any order of the Superior Court of the District of Columbia may be punished by that Court for contempt.

(c) Upon the written request of the chairperson of the Rental Housing Commission, each department or entity of the District government may furnish directly to the Rental Housing Commission any assistance and information necessary for the Rental Housing Commission to carry out effectively this chapter.

(d) The Department of Housing and Community Development shall employ the staff necessary to assist the Rental Housing Commission in carrying out its functions. Of the staff employed, 3 shall be law clerks who shall assist each member of the Rental Housing Commission in the preparation of decisions and orders.

(e) All documents filed in any case before the Rental Housing Commission shall be available to the public for review, consistent with subchapter II of Chapter 5 of Title 2.


(July 17, 1985, D.C. Law 6-10, § 202, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 2(b), 34 DCR 5304; Apr. 9, 1997, D.C. Law 11-255, § 51(a), 44 DCR 1271; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Sept. 18, 2007, D.C. Law 17-20, § 2003(b), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 215(c), 56 DCR 1117; June 3, 2011, D.C. Law 18-377, § 19, 58 DCR 1174; Apr. 7, 2017, D.C. Law 21-239, § 3(b), 64 DCR 1588; Feb. 22, 2019, D.C. Law 22-200, § 2(d), 65 DCR 12066.)

Prior Codifications

1981 Ed., § 45-2512.

Section References

This section is referenced in § 42-3502.04.

Effect of Amendments

D.C. Law 16-145, in par. (a)(3), substituted “rent charged” for “rent ceiling”.

D.C. Law 17-20, in subsec. (d), substituted “The Department of Housing and Community Development” for “The Department of Consumer and Regulatory Affairs”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (d).

D.C. Law 18-377, in subsec. (a)(1), inserted “except rules and procedures subject to § 2-1831.05(a)(7)”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Applicability

Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to subsection (d) of this section by § 2(d)(2) of D.C. Law 22-200 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Elderly Tenant and Tenant with a Disability Protection Emergency Amendment Act of 2017 (D.C. Act 22-4, Feb. 9, 2017, 64 DCR 1680).

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 day) amendment of section, see § 2003(b), of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2 of Rental Housing Commission Quorum Emergency Amendment Act of 2010 (D.C. Act 18-460, July 7, 2010, 57 DCR 6058).

For temporary (90 day) amendment of section, see § 520 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 520 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

For temporary (90 day) amendment of section, see § 2 of Rental Housing Commission Quorum Emergency Amendment Act of 2011 (D.C. Act 19-52, April 27, 2011, 58 DCR 3880).

Temporary Legislation

Section 2 of D.C. Law 18-231, in subsec. (b)(2), substituted “One member” for “A majority”.

Section 4(b) of D.C. Law 18-231 provided that the act shall expire after 225 days of its having taken effect.


§ 42–3502.02a. Immunity for official acts.

Members and staff of the Rental Housing Commission shall not be subject to liability for their official acts. Persons assisting the Rental Housing Commission, whether paid or pro bono, shall not be subject to liability for actions taken to perform services on behalf of the Commission.


(July 17, 1985, D.C. Law 6-10, § 202a; as added Mar. 12, 2011, D.C. Law 18-327, § 2(b), 58 DCR 14.)


§ 42–3502.02b. Independence of the Rental Housing Commission; transfer provisions.

(a)(1) Nothing in this chapter may be construed as granting the Department of Housing and Community Development or any other agency of the District government power or authority over the Rental Housing Commission's powers, duties, or personnel.

(2) For as long as the Rental Housing Commission's budget is captured by a program code within the Department of Housing and Community Development, the Rental Housing Commission shall have exclusive authority to administer the Rental Housing Commission's budget, subject to compliance with District law;

(b) Not Fundeded.

(c) Not Fundeded.


(July 17, 1985, D.C. Law 6-10, § 202b; as added Feb. 22, 2019, D.C. Law 22-200, § 2(e), 65 DCR 12066; Mar. 13, 2019, D.C. Law 22-245, § 4, 66 DCR 962.)

Applicability

Applicability of D.C. Law 22-245: § 4 of D.C. Law 22-245 provided that the creation of subsection (b) of this section by § 2(e) of D.C. Law 22-200 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.

Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the creation of subsection (c) of this section by § 2(e) of D.C. Law 22-200 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.


§ 42–3502.03. Rental Accommodations Division of the Department of Housing and Community Development.

There is established within the Department of Housing and Community Development the Rental Accommodations Division, which shall have as its head a Rent Administrator.


(July 17, 1985, D.C. Law 6-10, § 203, 32 DCR 3089; Sept. 18, 2007, D.C. Law 17-20, § 2003(c), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-366, § 2(b), 56 DCR 1332.)

Prior Codifications

1981 Ed., § 45-2513.

Section References

This section is referenced in § 42-3401.03, § 42-3501.03, and § 42-3502.04b.

Effect of Amendments

D.C. Law 17-20 rewrote the section.

D.C. Law 17-366 rewrote the section.

Cross References

Merit system classification policy and grade levels, see § 1-611.01.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2003(c) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).


§ 42–3502.03a. Rent Administrator — Appointment and removal.

(a) The Rent Administrator shall be appointed by the Mayor with the advice and consent of the Council.

(b) The Mayor shall transmit a nomination of the Rent Administrator to the Council, for a 90-day period of review, excluding days of Council recess, including any Rent Administrator holding that position on March 25, 2009. If the Council does not approve by resolution a nomination of the Rent Administrator within the 90-day period of review, the nomination shall be deemed disapproved.

(c) The Rent Administrator shall serve a 3-year term. The Mayor may appoint the same person to serve as the Rent Administrator for successive terms subject to the advice and consent of the Council as provided by subsection (b) of this section.

(d) The Mayor shall nominate a Rent Administrator within 6 months of:

(1) March 25, 2009; or

(2) The occurrence of a vacancy in the position of Rent Administrator.

(e) The Mayor shall remove the Rent Administrator for cause only; provided, that the Mayor shall provide the Council with a written justification within 30 days of the removal.


(July 17, 1985, D.C. Law 6-10, § 203a; as added Mar. 25, 2009, D.C. Law 17-366, § 2(d), 56 DCR 1332.)

Editor's Notes

Former § 42-3502.03a has been recodified as § 42-3502.04b by D.C. Law 17-366, § 2(c).


§ 42–3502.03b. Rent Administrator — Qualifications and compensation.

The Rent Administrator shall:

(1) Be admitted to practice before the District of Columbia Court of Appeals by the time the Rent Administrator’s term of office commences;

(2) Be a resident of the District within 6 months of the commencement of the Rent Administrator’s term of office;

(3) Possess skills and expertise relevant to rental housing, preferably in the area of rent control or rent stabilization; and

(4) Receive annual compensation equivalent to that received by a District employee compensated at the grade of 15 of the District schedule established under subchapter XI of Chapter 6 of Title 1 [§ 1-611.01 et seq.].


(July 17, 1985, D.C. Law 6-10, § 203b; as added Mar. 25, 2009, D.C. Law 17-366, § 2(e), 56 DCR 1332.)


§ 42–3502.03c. Public Accessible Rent Control Housing Database.

(a) The Office of the Tenant Advocate ("OTA"), with the assistance of and in close consultation with the Department of Consumer and Regulatory Affairs, the Office of Tax and Revenue, the Rental Accommodations Division ("RAD") of the Department of Housing and Community Development, the Housing Provider Ombudsman of the Department of Housing and Community Development, and the Office of the Chief Technology Officer, shall develop and administer a user-friendly, Internet-accessible, and searchable database for the submission, management, and review of all documents and relevant data housing providers are required to submit to the RAD pursuant to this subchapter.

(a-1) The Chief Tenant Advocate may contract to implement the database established by this section. Any contract under this section shall be in accordance with Chapter 3A of Title 2.

(b) The database shall include:

(1) An online portal for housing providers located on the website of the Department of Housing and Community Development ("DHCD"), not accessible to the general public, which housing providers shall use to file all documents and data required by this title and all regulations promulgated pursuant to this subchapter; and

(2) An online portal accessible to the general public located on the DHCD website that provides information relevant to tenants seeking and living in rent-controlled accommodations populated from the documents submitted by housing providers pursuant to paragraph (1) of this subsection.

(c) The portal accessible to the general public shall:

(1) Include the following real-time, searchable parameters:

(A) The building address and ward number;

(B) The base rent for each rental unit in the accommodation;

(C) Any services or facilities provided as part of the base rent;

(D) The amount and date of each annual rent increase or decrease;

(E) The number of bedrooms in each unit;

(F) The vacancy status of each unit;

(G) The accessibility information of the building, as it relates to District of Columbia and federal law;

(H) The name, telephone number, and email address of the housing provider and property manager;

(I) Dates and numbers of the basic business license of the housing provider;

(J) Dates and numbers of the certificate of occupancy of the building;

(K) The name, contact information, and place of business of the registered agent of the building, if applicable;

(L) The licensing and registration of the property manager of the accommodation, when other than the housing provider;

(M) The RAD registration exemption number and date of the housing accommodation;

(N) Any pro-active inspection dates;

(O) Any outstanding violations of the housing regulations applicable to the accommodation;

(P) The notice date of any housing code violations;

(Q) The rate of return for the housing accommodation and computation required by § 42-3502.05(f)(3)(D)(iv);

(R) Any petitions filed by the housing provider including, related services and facilities petition, capital improvement petition, substantial rehabilitation petition, voluntary agreement petition, hardship petition, other valid tenant petitions;

(S) Any court or administrative actions; and

(T) Other information the OTA determines is relevant to tenants seeking and living in rent control accommodations.

(2) Exclude any documentation submitted in support of a tenant's application for elderly or disability status pursuant to § 42-3502.08(h)(2), and any other information the Rent Administrator may deem necessary to exclude to protect the privacy and personal information of a tenant.

(d) Repealed.

(e) The database created pursuant to subsection (a) of this section shall be completed, tested, and operational by December 13, 2019.

(e-1)(1) Notwithstanding subsections (a) and (e) of this section, OTA shall develop and launch an online portal and database for filing registration statements and claims of exemption under § 42-3502.05(f) within 180 days after October 30, 2018, which it shall integrate into the database created pursuant to subsection (a) of this section by December 13, 2019.

(2) The OTA may enter into a memorandum of understanding with one or more District agencies to facilitate timely completion and effective administration of the online portal and database for filing registration statements and claims of exemption.

(e-2)(1) The OTA shall transfer administration and maintenance of the databases created pursuant to this section to RAD no later than December 13, 2019.

(2) While OTA is administering the databases created pursuant to this section, RAD may access the databases and any data housed therein as necessary to carry out its duties under this subchapter.

(f) Repealed.

(g) The OTA shall report to the Council regarding the progress of the database created pursuant to subsection (a) of this section on a quarterly basis.

(h) Beginning January 2020, DHCD shall report to the Council monthly on database usage, including, for the relevant reporting period, the total number of filings housing providers made pursuant to this subchapter, the number of new registrations and claims of exemption filed pursuant to § 42-3502.05, and the number of searches conducted by members of the general public. With the report, DHCD shall provide electronic spreadsheets of all data housing providers entered into the database during the relevant reporting period.


(July 17, 1985, D.C. Law 6-10, § 203a [203c]; as added Oct. 22, 2015, D.C. Law 21-36, § 2212(a), 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 2092, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2282(b), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) amendment of this section, see § 2(b) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) amendment of this section, see § 2282(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2282(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2092 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2092 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) addition of this section, see § 2122(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 42–3502.03d. Housing provider online filing and registration requirements.

(a) Beginning 180 days after October 30, 2018, and before December 13, 2019, a housing provider shall use the online provider portal developed pursuant to § 42-3502.03c(e-1) to file a registration statement or claim of exemption required by § 42-3502.05(f).

(b) Beginning December 13, 2019, a housing provider shall use the online provider portal created pursuant to § 42-3502.03c(b)(1) to file all documents and data required to be filed pursuant to this title and all regulations promulgated pursuant to this subchapter.


(July 17, 1985, D.C. Law 6-10, § 203b [203d]; as added Oct. 30, 2018, D.C. Law 22-168, § 2282(c), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(e) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) amendment of this section, see § 2(d) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) creation of this section, see § 2282(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) creation of this section, see § 2282(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 42–3502.03e. Rental Housing Registration Fund.

(a) There is established as a special fund the Rental Housing Registration Fund ("Fund"), which shall be administered in accordance with subsections (c) and (d) of this section.

(b) Revenue from penalties charged to a housing provider pursuant to § 42-3502.05(f) shall be deposited into the Fund.

(c) Money in the Fund shall be used for developing and maintaining the database created by § 42-3502.03c(a).

(d) While the Office of Tenant Advocate is developing and administering the database, it shall administer the Fund. The Office of Tenant Advocate shall transfer Fund administration to the Rent Administrator upon transferring administration and maintenance of the database to the Division pursuant to § 42-3502.03c(e-2).

(e)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(July 17, 1985, D.C. Law 6-10, § 203c [203e]; as added Oct. 30, 2018, D.C. Law 22-168, § 2282(c), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) creation of this section, see § 2282(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) creation of this section, see § 2282(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 42–3502.04. Duties of the Rent Administrator.

(a) The Rent Administrator shall draft rules and procedures for the administration of this chapter to be transmitted to the Rental Housing Commission for its action under § 42-3502.02(a)(1).

(b) The Rent Administrator shall carry out, according to rules and procedures established by the Rental Housing Commission under § 42-3502(a)(1), the rent stabilization program established under this subchapter, and shall perform other duties necessary and appropriate to, and consistent with this chapter.

(c) The Rent Administrator shall have jurisdiction over those complaints and petitions arising under subchapters II, IV, V, VI, and IX of this chapter and title V of the Rental Housing Act of 1980 which may be disposed of through administrative proceedings.

(d)(1) The Rent Administrator may employ, with funds available to the Rent Administrator, personnel and consultants, including hearing examiners, accountants, and legal counsel, reasonably necessary to carry out this chapter.

(2) In accordance with the regulations issued by the Rental Housing Commission, the Rent Administrator may delegate authority to those employees appointed in conformity with paragraph (1) of this subsection. This authority may include, but is not limited to:

(A) Hearing administrative petitions filed or initiated under this chapter;

(B) Issuing decisions on the petitions; and

(C) Rendering final orders on any petition heard by those employees.

(e) The Rent Administrator or a designee may attend all policy meetings of the Rental Housing Commission.

(f) The Rent Administrator shall establish and maintain a formal relationship with the Landlord/Tenant Branch of the Superior Court of the District of Columbia and the Metropolitan Police Department.

(g) The Rent Administrator may issue at the request of any person an advisory opinion on issues of first impression under this chapter.

(h)(1) The Rent Administrator may hold hearings, sit and act at those times and places within the District, administer oaths, and require by subpoena or otherwise the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents the Rent Administrator may consider necessary in carrying out his or her functions under this chapter.

(2) In the case of contumacy or refusal to obey a subpoena issued under paragraph (1) of this subsection by any person who resides in, is found in, or transacts business within the District, the Superior Court of the District of Columbia, at the written request of the Rent Administrator, shall issue to the contumacious person an order requiring that person to appear before the Rent Administrator, to produce evidence if so ordered, or to give testimony touching upon the matter under inquiry. Any failure of that person to obey any order of the Superior Court of the District of Columbia may be punished by that Court as contempt.

(i) Upon the written request of the Rent Administrator, each department or entity of the District government may furnish directly to the Rent Administrator assistance and information necessary to discharge effectively the functions required under this chapter.

(j) The Rent Administrator shall publish in English and Spanish within 60 days after July 17, 1985, a booklet or other written material describing the rights and obligations of tenants and housing providers and procedures under this chapter. This material shall be distributed through the District libraries and other District offices with which the public has frequent contact and at the office of any community organization which requests to distribute the material.

(k) The Rent Administrator shall publish within 30 days after July 17, 1985, and prior to March 1 of each subsequent year in the D.C. Register the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for all items, in the Washington, D.C., Standard Metropolitan Statistical Area (SMSA), during the preceding calendar year.

(l) In preparation for the transfer of jurisdiction of the Rent Administrator’s adjudicatory function to the Office of Administrative Hearings pursuant to § 2-1831.03(b-1), the Rent Administrator shall submit a plan to the Mayor and Council by December 31, 2004 describing how the Rent Administrator’s office will function after its adjudicatory responsibilities are transferred to the Office of Administrative Hearings, the legislative changes needed to prepare the Rent Administrator for its new role, and the resources needed to maintain its non-adjudicatory functions. The plan shall be developed in consultation with the Office of Administrative Hearings.


(July 17, 1985, D.C. Law 6-10, § 204, 32 DCR 3089; Dec. 7, 2004, D.C. Law 15-205, § 3503, 51 DCR 8441.)

Prior Codifications

1981 Ed., § 45-2514.

Effect of Amendments

D.C. Law 15-205 added subsec. (l).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3503 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3503 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

References in Text

Title V of the Rental Housing Act of 1980, referred to in subsection (c), was title V of D.C. Law 3-131, repealed July 17, 1985, by D.C. Law 6-10, § 905.


§ 42–3502.04a. Rental Conversion and Sale Division of the Department of Housing and Community Development Rental Conversion and Sale Administrator.

(a) There is established within the Department of Housing and Community Development the Rental Conversion and Sale Division, which shall have as its head a Rental Conversion and Sale Administrator.

(b) The Rental Conversion and Sale Administrator shall receive annual compensation equivalent to that received by a District employee compensated at the grade of 15 of the District schedule established under subchapter XI of Chapter 6 of Title 1 [§ 1-611.01 et seq.].


(July 17, 1985, D.C. Law 6-10, § 204a; as added Mar. 25, 2009, D.C. Law 17-366, § 2(f), 56 DCR 1332.)

Section References

This section is referenced in § 42-3401.03 and § 42-3501.03.


§ 42–3502.04b. Transfer of functions of the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs to the Department of Housing and Community Development.

All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs relating to the duties and functions assigned to the Division pursuant to § 42-3502.03(a) are transferred to the Department of Housing and Community Development.


(July 17, 1985, D.C. Law 6-10, § 203a; as added Sept. 18, 2007, D.C. Law 17-20, § 2003(d), 54 DCR 7052; redesignated § 204b, Mar. 25, 2009, D.C. Law 17-366, § 2(c), 56 DCR 1332.)

Prior Codifications

2001 Ed., § 42-3502.03a

Emergency Legislation

For temporary (90 day) addition, see § 2003(d) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Editor's Notes

Former § 42-3502.03a has been recodified as § 42-3502.04b by D.C. Law 17-366, § 2(c).


§ 42–3502.04c. Housing Regulation Administration; Housing Regulation Administrator.

(a) There is established within the Department of Housing and Community Development, the Housing Regulation Administration, which shall have as its head a Housing Regulation Administrator. The Housing Regulation Administrator shall be appointed by, and report directly to, the Director of the Department of Housing and Community Development.

(b)(1) The Housing Regulation Administration shall provide such administrative support to the Rent Administrator and the Rental Conversion and Sale Administrator as may be necessary to fulfill their statutory and regulatory responsibilities.

(2) The Housing Regulation Administrator shall work cooperatively with the Rent Administrator and the Rental Conversion and Sale Administrator to promote administrative efficiency, complete and accurate record-keeping, and the prompt review and disposition of matters pending before them.

(3) The Housing Regulation Administrator shall not have a supervisory role over the Rent Administrator and the Rental Conversion and Sale Administrator.


(July 17, 1985, D.C. Law 6-10, § 204c; as added Mar. 25, 2009, D.C. Law 17-366, § 2(g), 56 DCR 1332.)


§ 42–3502.05. Registration and coverage.

(a) Except as provided in subsection (e) of this section, §§ 42-3502.05(f) through 42-3502.19 shall apply to each rental unit in the District; provided, that the following rental units shall be exempt from subsections (g) and (h)(2) of this section and §§ 42-3502.06 through 42-3502.16, 42-3502.18, and 42-3502.19:

(1) Any rental unit in any federally or District-owned housing accommodation or in any housing accommodation with respect to which the mortgage or rent is federally or District-subsidized except units subsidized under subchapter III of this chapter, or any unit rented by a home and community-based services waiver provider and occupied by a tenant with a disability without regard to income but otherwise as defined in section 206(f)(2)(A) [Repealed], or co-leased by a home and community-based services waiver provider and occupied by a tenant with a disability without regard to income but otherwise as defined in section 206(f)(2)(A) [Repealed];

(2) Any rental unit in any newly constructed housing accommodation for which the building permit was issued after December 31, 1975, or any newly created rental unit, added to an existing structure or housing accommodation and covered by a certificate of occupancy for housing use issued after January 1, 1980, provided, however, that this exemption shall not apply to any housing accommodation the construction of which required the demolition of an housing accommodation subject to this chapter, unless the number of newly constructed rental units exceeds the number of demolished rental units;

(3) Except as provided by subsection (a-1) of this section, any rental unit in any housing accommodation of 4 or fewer rental units, including any aggregate of 4 rental units whether within the same structure or not, provided:

(A) The housing accommodation is owned by not more than 4 natural persons;

(B) None of the housing providers has an interest, either directly or indirectly, in any other rental unit in the District of Columbia;

(C) The housing provider of the housing accommodation files with the Rent Administrator a claim of exemption statement which consists of an oath or affirmation by the housing provider of the valid claim to the exemption. The claim of exemption statement shall also contain the signatures of each person having an interest, direct or indirect, in the housing accommodation. Any change in the ownership of the exempted housing accommodation or change in the housing provider’s interest in any other housing accommodation which would invalidate the exemption claim must be reported in writing to the Rent Administrator within 30 days of the change;

(D) The limitation of the exemption to a housing accommodation owned by natural persons shall not apply to a housing accommodation owned or controlled by a decedent’s estate or testamentary trust if the housing accommodation was, at the time of the decedent’s death, already exempt under the terms of paragraphs (3)(A) and (3)(B) of this subsection; and

(E) For purposes of determining the eligibility of a condominium rental unit for the exemption provided by this paragraph, by § 42-3404.13(a)(3), or by § 42-4016(a)(3) [expired], a housing accommodation shall be the aggregate of the condominium rental units and any other rental units owned by the natural person(s) claiming the exemption.

(4) Any housing accommodation which has been continuously vacant and not subject to a rental agreement since January 1, 1985, and any housing accommodation previously exempt under § 206(a)(4) of the Rental Housing Act of 1980, provided that upon rerental the housing accommodation is in substantial compliance with the housing regulations when offered for rent;

(5) Any rental unit in any structure owned by a cooperative housing association, if:

(A) The proprietary lease or occupancy agreement for the rental unit is owned by not more than 4 natural persons, who are shareholders or members of the cooperative housing association;

(B) None of the shareholders or members has an interest, directly or indirectly, in more than 4 rental units in the District of Columbia. A shareholder or member of a cooperative housing association owning a proprietary lease or occupancy agreement for a rental unit in an association shall not be deemed to have an indirect interest in any other rental unit in any structure owned by a cooperative housing association solely by virtue of ownership of a stock or membership certificate, proprietary lease, or other evidence of membership in the association; and

(C) The shareholders or members owning the proprietary lease or occupancy agreement for the rental unit file with the Rent Administrator a claim of exemption statement which consists of an oath or affirmation by the shareholders or members of a valid claim to the exemption. The claim of exemption statement shall also contain the signature of each person having an interest, direct or indirect, in the proprietary lease or occupancy agreement for the rental unit. Any change in the ownership of the proprietary lease or occupancy agreement or change in the shareholder’s or member’s interest in any other rental unit which would invalidate the exemption claim must be reported in writing to the Rent Administrator within 30 days of the change;

(6) [Disapproved.]

(7) Housing accommodations for which a building improvement plan has been executed under the apartment improvement program and housing accommodations which receive rehabilitation assistance under other multi-family assistance programs administered by the Department of Housing and Community Development, if:

(A) The building improvement plan, accompanied by a certification signed by the tenants of 70% of the occupied units, is filed with the Division at the time of execution;

(B) Upon expiration of the building improvement plan, the exemption provided under this paragraph shall terminate and the housing accommodation will again be subject to §§ 42-3502.05(f) through 42-3502.19; and

(C) Upon expiration of the building improvement plan, and notwithstanding the provisions of § 42-3502.09, the schedule of rents charged, services, and facilities established by the building improvement plans shall be considered the rents charged and service and facility levels established for the purposes of subchapter II of this chapter;

(8) [Disapproved.]

(9) [Disapproved.]

(10) [Disapproved.]

(a-1) If a housing provider comes into possession of a housing accommodation as a result of a transfer pursuant to § 42-3404.02(c)(2), then the housing provider shall be eligible for the exemption provided by subsection (a)(3) of this section only if the housing provider was eligible for the exemption at the time of the transfer.

(b) Rent may not be increased under subsections (a)(9) and (a)(10) of this section if:

(1) The unit is vacated as a result of eviction or termination of tenancy where the housing provider seeks in good faith to recover possession for occupancy by the housing provider or a member of the housing provider’s family, or the housing provider seeks to recover possession in order to remove permanently the unit from rental housing; or

(2) The vacating of a rental unit by a tenant as a result of a housing provider creating an unreasonable interference with the tenant’s comfort, safety, or enjoyment of the rental unit or as a result of retaliatory action under § 42-3505.02 shall not be considered a voluntary vacating of the unit.

(c) Notwithstanding subsections (b)(1) and (b)(2) of this section the housing provider shall be entitled to an exemption whenever the unit is next vacated in accordance with subsections (a)(9) and (a)(10)(A) of this section after an intervening loss of the exemption.

(d) Prior to the execution of a lease or other rental agreement after July 17, 1985, a prospective tenant of any unit exempted under subsection (a) of this section shall receive a notice in writing advising the prospective tenant that rent increases for the accommodation are not regulated by the rent stabilization program.

(e) This chapter shall not apply to the following units:

(1) Any rental unit operated by a foreign government as a residence for diplomatic personnel;

(2) Any rental unit in an establishment which has as its primary purpose providing diagnostic care and treatment of diseases, including, but not limited to, hospitals, convalescent homes, nursing homes, and personal care homes;

(3) Any dormitory; and

(4) Following a determination by the Rent Administrator, any rental unit or housing accommodation intended for use as long-term temporary housing by families with 1 or more members that satisfies each of the following requirements:

(A) The rental unit or housing accommodation is occupied by families that, at the time of their initial occupancy, have had incomes at or below 50% of the District median income for families of the size in question for the immediately preceding 12 months;

(B) The housing provider of the rental unit or housing accommodation is a nonprofit charitable organization that operates the unit or housing accommodation on a strictly not-for-profit basis under which no part of the net earnings of the housing provider inure to the benefit of or are distributable to its directors, officers, or any private individual other than as reasonable compensation for services rendered; and

(C) The housing provider offers a comprehensive social services program to resident families.

(f)(1) Within 240 days after October 30, 2018, each housing provider of a housing accommodation for which the housing provider is receiving rent or is entitled to receive rent shall file a new registration statement, and if applicable, a new claim of exemption.

(2) A person who becomes a housing provider of a housing accommodation more than 240 days after October 30, 2018, shall file a registration statement, and, if applicable, claim of exemption, within 30 days of becoming a housing provider.

(3) A housing provider shall file a registration statement and, if applicable, a claim of exemption, with the Division in accordance with [§ 42-3502.03d], which shall solicit, among the information required for registration, the following:

(A) For all housing accommodations:

(i) Address of the housing accommodation;

(ii) Type of housing accommodation;

(iii) Number of bedrooms in each unit of the housing accommodation; and

(iv) Property owner's business information.

(B) For each housing accommodation required to obtain a housing business license, the dates and numbers of the housing business license and the certificates of occupancy, where required by law, issued by the District government, and a copy of each housing business license and certificate of occupancy;

(C) For each housing accommodation not required to obtain a housing business license, the information contained therein and the dates and numbers of the certificates of occupancy issued by the District government, and a copy of each certificate;

(D) Where the housing provider does not seek an exemption under subsection (a) of this section for the housing accommodation:

(i) The current rent charged for each rental unit in the housing accommodation, the related services included, and the related facilities and charges;

(ii) The current related and optional services and facilities provided as part of rent or the rental agreement;

(iii) A list of any outstanding violations of the housing regulations applicable to the housing accommodation, or an affidavit of the housing provider stating that the housing provider duly inspected the housing accommodation within the 6 months prior to filing the registration, and that there are no outstanding violations known to the housing provider; and

(iv) The rate of return for the housing accommodation and the computations made by the housing provider to arrive at the rate of return, by application of the formula provided in § 42-3502.12.

(E) Where the housing provider seeks an exemption under subsection (a) of this section for the housing accommodation, the date on which each unit first became exempt, and the rent charged for the period of tenancy immediately preceding the first exemption.

(4)(A) No penalties shall be assessed against a housing provider who registers a housing accommodation under this section within 240 days after October 30, 2018, for failure to previously register the housing accommodation.

(B)(i) Beginning 241 days after October 30, 2018, a housing provider, other than the federal government, who fails to register a housing accommodation under this section shall pay a penalty of $100 per unit to the District government. The penalty shall be deposited into the Rental Housing Registration Fund established by [§ 42-3502.03e].

(ii) A housing provider, other than a housing provider exempt pursuant to subsection (a) of this section, who does not timely register under this section may not institute a rent increase authorized by § 42-3402.08(a) until the housing provider registers and pays any associated penalty.

(g)(1) A housing provider shall file the following notices with the Rent Administrator:

(A) A copy of the rent increase notice given to the tenant for a rent increase under § 42-3502.08(h)(2), within 30 days after the effective date of the increase; provided, that if rent increases are given to multiple tenants with the same effective date, the housing provider shall file a sample rent increase notice and a list attached stating the unit number, tenant name, previous rent charged, new rent charged, and effective date for each rent increase;

(B) A copy of the notice given to the tenant for an increase under § 42-3502.13(d) stating the calculation of the initial rent charged in the lease (based on increases during the preceding 3 years) within 30 days of the commencement of the lease term;

(C) A notice of a change in ownership or management of the housing accommodation, or change in the services and facilities included in the rent charged, within 30 days after the change.

(2) Repealed.

(g-1) Not Funded.

(h)(1) Each registration statement filed under this section shall be available for public inspection through the website of the Department of Housing and Community Development.

(2) Each housing provider shall keep a duplicate of the registration statement posted in a public place on the premises of the housing accommodation to which the registration statement applies. Each housing provider may, instead of posting in each housing accommodation comprised of a single rental unit, mail to each tenant of the housing accommodation a duplicate of the registration statement.

(i) Repealed.


(July 17, 1985, D.C. Law 6-10, § 205, 32 DCR 3089; May 23, 1986, D.C. Law 6-118, § 2, 33 DCR 2444; Feb. 24, 1987, D.C. Law 6-167, § 2, 33 DCR 6732; Feb. 24, 1987, D.C. Law 6-192, § 13(a), (b), 33 DCR 7836; Mar. 7, 1991, D.C. Law 8-222, § 2, 38 DCR 203; Apr. 9, 1997, D.C. Law 11-255, § 51(b), 44 DCR 1271; Aug. 5, 2006, D.C. Law 16-145, § 2(a), (b), 53 DCR 4889; Aug. 16, 2008, D.C. Law 17-219, § 7064, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 184(b), 56 DCR 1117; Oct. 22, 2015, D.C. Law 21-36, § 2212(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 5032(b), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-239, § 3(c)(1), 64 DCR 1588; Apr. 15, 2017, D.C. Law 21-270, § 2, 64 DCR 942; Dec. 13, 2017, D.C. Law 22-33, § 2212(a), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2282(d), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-202, § 2(a), 65 DCR 12333; Mar. 13, 2019, D.C. Law 22-248, § 2(b), 66 DCR 973.)

Prior Codifications

1981 Ed., § 45-2515.

Section References

This section is referenced in § 42-3501.03, § 42-3502.08, § 42-3502.09, § 42-3502.13, § 42-3502.17, § 42-3502.20, § 42-3502.21, § 42-3502.22, and § 42-3504.01.

Effect of Amendments

D.C. Law 16-145, in subpar. (a)(7)(C), substituted “rent charged” for “rent ceiling”; and rewrote subsec. (g), which had read as follows: “(g) An amended registration statement shall be filed by each housing provider whose rental units are subject to registration under this chapter within 30 days of any event which changes or substantially affects the rents including vacant unit rent increases under § 42-3502.13, services, facilities, or the housing provider or management of any rental unit in a registered housing accommodation. No amended registration statement shall be required for a change in rent under § 42-3502.06(b).”

D.C. Law 17-219, in subsec. (g)(2), substituted “The” for “Subject to appropriation, the”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(7)(C).

The 2015 amendment by D.C. Law 21-36 repealed (g)(2).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Applicability

Applicability of D.C. Law 22-202: § 3 of D.C. Law 22-202 provided that the change made to this section by § 2(a) of D.C. Law 22-202 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.

Section 7018 of D.C. Law 22-168 repealed section 3 of D.C. Law 21-270. Therefore the amendment of this section by D.C. Law 21-270 has been implemented.

Applicability of D.C. Law 21-270: § 3 of D.C. Law 21-270 provided that the change made to this section by § 2 of D.C. Law 21-270 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) of Rental Housing Registration Extension Emergency Amendment Act of 2019 (D.C. Act 23-4, Feb. 6, 2019, 66 DCR 2056).

For temporary (90 days) amendment of this section, see § 2282(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2282(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2212(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2212(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2(a), (b) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 days) amendment of this section, see § 2122(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

References in Text

Section 42-3404.13(a)(3), referred to in subparagraph (a)(3)(E), was repealed March 16, 1978 by D.C. Law 2-54, § 903, 24 DCR 5334.

Section 42-4016, referred to in subsection (a)(3)(E), expired pursuant to § 907 of D.C. Law 3-131 on April 30, 1985.

Section 206(a)(4) of the Rental Housing Act of 1980, referred to in paragraph (a)(4), was codified as § 45-1515 1981 Ed., which expired April 30, 1985, pursuant to D.C. Law 3-131, § 907.

Editor's Notes

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.

On November 5, 1985, pursuant to the Initiative, Referendum, and Recall Charter Amendments Act of 1977 (D.C. Law 2-46), the electorate of the District of Columbia rejected paragraphs (a)(6), (a)(8), (a)(9), and (a)(10) of § 205 of D.C. Law 6-10.


§ 42–3502.06. Rent ceilings abolished.

(a) Rent ceilings are abolished, except that the housing provider may implement, in accordance with § 42-3502.08(g), rent ceiling adjustments pursuant to petitions and voluntary agreements approved by the Rent Administrator prior to August 5, 2006. Petitions and voluntary agreements pending as of August 5, 2006, shall be decided pursuant to the provisions of this subchapter in effect prior to August 5, 2006, and may be implemented in accordance with § 42-3502.08(g). In considering a hardship petition pursuant to § 42-3502.12, any unimplemented rent charged increase pursuant to a petition or voluntary agreement approved by the Rent Administrator shall be included in the maximum possible rental income. Except to the extent provided in subsections (b) and (c) of this section, no housing provider of any rental unit subject to this chapter may charge or collect rent for the rental unit in excess of the amount computed by adding to the base rent not more than all rent increases authorized after April 30, 1985, for the rental unit by this chapter, by prior rent control laws and any administrative decision under those laws, and by a court of competent jurisdiction. No tenant may sublet a rental unit at a rent greater than that tenant pays the housing provider.

(b) On an annual basis, the Rental Housing Commission shall determine an adjustment of general applicability in the rent charged established by subsection (a) of this section. This adjustment of general applicability shall be equal to the change during the previous calendar year, ending each December 31, in the Washington, D.C., Standard Metropolitan Statistical Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for all items during the preceding calendar year. No adjustment of general applicability shall exceed 10%. A housing provider may not implement an adjustment of general applicability, or an adjustment permitted by subsection (c) of this section for a rental unit within 12 months of the effective date of the previous adjustment of general applicability, or instead, an adjustment permitted by subsection (c) of this section in the rent charged for that unit.

(c) At the housing provider's election, instead of any adjustment authorized by subsection (b) of this section, the rent charged for an accommodation may be adjusted through a hardship petition under § 42-3502.12.

(d) If on July 17, 1985 the rent being charged exceeds the allowable rent ceiling, that rent shall be reduced to the allowable rent ceiling effective the next date that the rent is due. This subsection shall not apply to any rent administratively approved under the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, or the Rental Housing Act of 1980, or any rent increase authorized by a court of competent jurisdiction. The housing provider shall notify the tenant in writing of any decrease required under this chapter before the effective date of the decrease.

(e) A tenant may challenge a rent adjustment implemented under any section of this chapter by filing a petition with the Rent Administrator under § 42-3502.16. No petition may be filed with respect to any rent adjustment, under any section of this chapter, more than 3 years after the effective date of the adjustment, except that a tenant must challenge the new base rent as provided in § 42-3501.03(4) within 6 months from the date the housing provider files his base rent as required by this chapter.

(f) Repealed.

(g) Repealed.


(July 17, 1985, D.C. Law 6-10, § 206, 32 DCR 3089; Sept. 26, 1992, D.C. Law 9-154, § 2(a), 39 DCR 5673; Aug. 5, 2006, D.C. Law 16-145, § 2(a), (c), 53 DCR 4889; Mar. 8, 2007, D.C. Law 16-240, § 3, 54 DCR 597; Mar. 14, 2007, D.C. Law 16-294, § 3, 54 DCR 1086; Apr. 24, 2007, D.C. Law 16-305, § 67(a), 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, §§ 184(c), 253, 56 DCR 1117; Feb. 18, 2017, D.C. Law 21-197, § 2(a), 63 DCR 15030; Apr. 7, 2017, D.C. Law 21-239, § 3(c), 64 DCR 1588.)

Prior Codifications

1981 Ed., § 45-2516.

Section References

This section is referenced in § 42-3501.03, § 42-3502.02, § 42-3502.08, § 42-3502.09, § 42-3502.10, § 42-3502.12, and § 42-3502.16.

Effect of Amendments

D.C. Law 16-145, in subsec. (a), inserted the first three sentences; and, in subsecs. (b), (c), and (f)(3), substituted “rent charged” for “rent ceiling”.

D.C. Law 16-240 rewrote subsec. (f)(2)(A) and added subsec. (f)(2)(2A). Prior to amendment, subsec. (f)(2)(A) read as follows: “(A) ’Disabled tenant’ means an individual who has a medically determinable physical impairment, including blindness, which prohibits and incapacitates 75% of that person’s ability to move about, to assist himself or herself, or to engage in an occupation, and has an income of not more than $40,000 per year at the time of approval by the Rent Administrator of a petition for capital improvements pursuant to § 42-3502.10.”

D.C. Law 16-294, in subsec. (a), made a technical correction that made no change in text.

D.C. Law 16-305, in subsec. (f)(1), substituted “tenant or tenant with a disability” for “or disabled tenant”; and, in subsec. (f)(2), purported to substitute “Tenant with a disability” for “Disabled tenant”.

D.C. Law 17-353, in the section heading, substituted “Rent ceilings abolished” for “Rent ceiling”, and validated a previously made technical correction in subsec. (a).

Cross References

Fee for housing accommodation conversion, rights to reduction, see § 42-3402.04.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Rent Control Hardship Petition Limitation Emergency Amendment Act of 2016 (D.C. Act 21-483, Aug. 18, 2016, 63 DCR 10730).

For temporary (90 day) amendment of section, see § 2(a), (c) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 day) repeal of section, see § 2(d) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 days) amendment of this section, see § 2 of the Rent Control Hardship Petition Limitation Emergency Amendment Act of 2014 (D.C. Act 20-430), October 7, 2014, 61 DCR 10706, 20 STAT 4145).

For temporary (90 days) amendment of this section, see § 2(a) of the Rent Control Hardship Petition Limitation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-575, Jan. 13, 2015, 62 DCR 1068, 21 STAT 717).

For temporary (90 days) amendment of this section, see § 2(a) of the Rent Control Hardship Petition Limitation Emergency Amendment Act of 2015 (D.C. Act 21-160, Oct. 16, 2015, 62 DCR 13722).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Rent Control Hardship Petition Limitation Temporary Amendment Act of 2016 (D.C. Law 21-169, Nov. 30, 2016, 63 DCR 12597).

For temporary (225 days) amendment of this section, see § 2(a) of the Rent Control Hardship Petition Limitation Temporary Amendment Act of 2014 (D.C. Law 20-164, February 26, 2015, 61 DCR 11095).

For temporary (225 days) amendment of this section, see § 2(a) of the Rent Control Hardship Petition Limitation Temporary Amendment Act of 2015 (D.C. Law 21-49, Jan. 9, 2016, 62 DCR 13990).


§ 42–3502.07. Adjustments in rent ceiling.

Repealed.


(July 17, 1985, D.C. Law 6-10, § 207, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(d), 53 DCR 4889.)

Prior Codifications

1981 Ed., § 45-2517.

Section References

This section is referenced in § 42-3502.08.


§ 42–3502.08. Increases above base rent.

(a)(1) Notwithstanding any provision of this chapter, the rent for any rental unit shall not be increased above the base rent unless:

(A) The rental unit and the common elements are in substantial compliance with the housing regulations, if noncompliance is not the result of tenant neglect or misconduct. Evidence of substantial noncompliance shall be limited to housing regulations violation notices issued by the District of Columbia Department of Consumer and Regulatory Affairs and other offers of proof the Rental Housing Commission shall consider acceptable through its rulemaking procedures;

(B) The housing accommodation is registered in accordance with § 42-3502.05;

(C) The housing provider of the housing accommodation is properly licensed under a statute or regulations if the statute or regulations require licensing;

(D) The manager of the accommodation, when other than the housing provider, is properly registered under the housing regulations if the regulations require registration;

(E) Notice of the increase complies with § 42-3509.04;

(F) The housing provider has provided a tenant with written notice of the maximum standard rent increase that applies to an elderly tenant or a tenant with a disability and the means by which a tenant may establish elderly or disability status as set forth in § 42-3502.24(d), as provided by the Rent Administrator pursuant to § 42-3502.24(f), and has not required a tenant to provide more proof of age or disability than the minimum information necessary to establish that status; and

(G) The housing provider, if a nonresident of the District, has appointed and maintained a registered agent pursuant to section 203 of Title 14 of the District of Columbia Municipal Regulations.

(2) Where the Rent Administrator finds there have been excessive and prolonged violations of the housing regulations affecting the health, safety, and security of the tenants or the habitability of the housing accommodation in which the tenants reside and that the housing provider has failed to correct the violations, the Rent Administrator may roll back the rents for the affected rental units to an amount which shall not be less than the September 1, 1983, base rent for the rental units until the violations have been abated.

(b) A housing accommodation and each of the rental units in the housing accommodation shall be considered to be in substantial compliance with the housing regulations if:

(1) For purposes of the adjustments made in the rent charged in §§ 42-3502.06 and 42-3502.07 [repealed], all substantial violations cited at the time of the last inspection of the housing accommodation by the Department of Consumer and Regulatory Affairs before the effective date of the increase were abated within a 45-day period following the issuance of the citations or that time granted by the Department of Consumer and Regulatory Affairs, and the Department of Consumer and Regulatory Affairs has certified the abatement, or the housing provider or the tenant has certified the abatement and has presented evidence to substantiate the certification. No certification of abatement shall establish compliance with the housing regulations unless the tenants have been given a 10-day notice and an opportunity to contest the certification; and

(2) For purposes of the filing of petitions for adjustments in the rent charged as prescribed in § 42-3502.16, the housing accommodation and each of the rental units in the housing accommodation shall have been inspected at the request of each housing provider by the Department of Consumer and Regulatory Affairs within the 30 days immediately preceding the filing of a petition for adjustment.

(c) A tenant of a housing accommodation who, after receipt of not less than 5 days written notice that the housing provider desires an inspection of the tenant’s rental unit for the purpose of determining whether the housing accommodation is in substantial compliance with the housing regulations, refuses without good cause to admit an employee of the Department of Consumer and Regulatory Affairs for the purpose of inspecting the tenant’s rental unit, or who refuses without good cause to admit the housing provider or the housing provider’s employee or contractor for the purpose of abating any violation of the housing regulations cited by the Department of Consumer and Regulatory Affairs, will be considered to have waived the right to challenge the validity of the proposed adjustment for reasons that the rental unit occupied by the tenant is not in substantial compliance with the housing regulations.

(d) Nothing in this section shall be construed to limit or abrogate a tenant’s right to initiate any lawful action to correct any violation in the tenant’s rental unit or in the housing accommodation in which that rental unit is located.

(e) Notwithstanding any other provision of this chapter, no rent shall be adjusted under this chapter for any rental unit with respect to which there is a valid written lease or rental agreement establishing the rent for the rental unit for the term of the written lease or rental agreement.

(f)(1) Any notice of an adjustment under § 42-3502.06 shall contain a statement of the current rent charged, the increased rent charged, and the utilities covered by the rent charged that justify the adjustment or other justification for the rent charged increase.

(2) The notice shall also include a summary of tenant rights under this chapter and a list of sources of technical assistance as published in the District of Columbia Register by the Mayor.

(g) The amount of rent charged for any rental unit subject to this subchapter shall not be increased until a full 12 months have elapsed since any prior increase; provided, that:

(1) An increase in the amount of rent charged shall not exceed the amount of any single adjustment pursuant to any one section of this subchapter;

(2) If the rental unit becomes vacant within 12 months of an increase in the amount of rent charged, other than a vacancy increase pursuant to § 42-3502.13, the housing provider may increase the amount of rent charged pursuant to § 42-3502.13; and

(3) If the amount of rent charged is increased pursuant to paragraph (2) of this subsection, the amount of rent charged shall not be increased until a full 12 months have elapsed after the increase in the amount of rent charged, even if another vacancy occurs.

(h) Unless the adjustment in the amount of rent charged is implemented pursuant to § 42-3502.10, § 42-3502.11, § 42-3502.12, or § 42-3502.14, an adjustment in the amount of rent charged:

(1) If the unit is vacant, shall not exceed the amount permitted under § 42-3502.13(a); or

(2) If the unit is occupied:

(A) Shall not exceed the current allowable amount of rent charged for the unit, plus the adjustment of general applicability plus 2%, taken as a percentage of the current allowable amount of rent charged; provided, that the total adjustment shall not exceed 10%;

(B) Shall be pursuant to § 42-3502.24, if occupied by an elderly tenant or tenant with a disability; and

(C) Shall not exceed the lesser of 5% or the adjustment of general applicability if the unit is leased or co-leased by a home and community-based services waiver provider.


(July 17, 1985, D.C. Law 6-10, § 208, 32 DCR 3089; Mar. 16, 1993, D.C. Law 9-191, § 2, 39 DCR 9005; Aug. 5, 2006, D.C. Law 16-145, § 2(a), (e), 53 DCR 4889; Oct. 8, 2016, D.C. Law 21-160, § 5032(c), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-239, § 3(d), 64 DCR 1588; Mar. 13, 2019, D.C. Law 22-248, § 2(c), 66 DCR 973.)

Prior Codifications

1981 Ed., § 45-2518.

Section References

This section is referenced in § 42-3502.05, § 42-3502.06, and § 42-3502.09.

Effect of Amendments

D.C. Law 16-145 substituted “rent charged” for “rent ceiling”; and rewrote subsecs. (g) and (h).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Elderly Tenant and Tenant with a Disability Protection Emergency Amendment Act of 2017 (D.C. Act 22-4, Feb. 9, 2017, 64 DCR 1680).

For temporary (90 day) amendment of section, see § 2(a), (e) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Editor's Notes

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.


§ 42–3502.09. Rent charged upon termination of exemption and for newly covered rental units.

(a) Except as provided in subsection (c) of this section, the rent charged for any rental unit in a housing accommodation exempted by § 42-3502.05, except subsection (a)(2) or (a)(7) of that section, upon the expiration or termination of the exemption, shall be the average rent charged during the last 6 consecutive months of the exemption, increased by no more than 5% of the average rent charged during the last 6 consecutive months of the exemption. The increase may be effected only in accordance with the procedures specified in §§ 42-3502.08 and 42-3509.04.

(a-1) Not Funded.

(b) A structure or building, including the land appurtenant, which is located in the District in which 1 or more rental units as defined in § 42-3501.03(33) are established after July 17, 1985, shall subsequently be defined as a “housing accommodation” for the purposes of this chapter. If any rental unit in such a housing accommodation is not otherwise exempted by 1 of the provisions of § 42-3502.05, the rent charged for the initial leasing period or the first year of tenancy, whichever is shorter, shall be determined by the housing provider and is considered to be the equivalent of making the computations specified in § 42-3502.06.

(c) The rent charged for any rental unit exempted under § 42-3502.05(a)(5) upon the expiration or termination of the exemption shall be the rent charged on the date the unit became exempt plus each subsequent adjustment of general applicability authorized under § 42-3502.06(b).

(d) Repealed.


(July 17, 1985, D.C. Law 6-10, § 209, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Mar. 25, 2009, D.C. Law 17-353, § 184(d), 56 DCR 1117; Feb. 22, 2019, D.C. Law 22-202, § 2(b), 65 DCR 12333; Mar. 13, 2019, D.C. Law 22-248, § 2(d), 66 DCR 973.)

Prior Codifications

1981 Ed., § 45-2519.

Section References

This section is referenced in § 42-3502.05.

Effect of Amendments

D.C. Law 16-145 substituted “rent charged” for “rent ceiling”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (c).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Applicability

Applicability of D.C. Law 22-202: § 3 of D.C. Law 22-202 provided that the change made to this section by § 2(b) of D.C. Law 22-202 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.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Editor's Notes

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.


§ 42–3502.10. Petitions for capital improvements.

(a) On petition by the housing provider, the Rent Administrator may approve a rent adjustment to cover the cost of capital improvements to a rental unit or housing accommodation if:

(1) The improvement would protect or enhance the health, safety, and security of the tenants or the habitability of the housing accommodation; or

(2) The improvement will effect a net saving in the use of energy by the housing accommodation, or is intended to comply with applicable environmental protection regulations, if any savings in energy costs are passed on to the tenants.

(b) The housing provider shall establish to the satisfaction of the Rent Administrator:

(1) That the improvement would be considered depreciable under the Internal Revenue Code (26 U.S.C.);

(2) The amount and cost of the improvement including interest and service charges; and

(3) That required governmental permits and approvals have been secured.

(c) Any decision of the Rent Administrator under this section shall determine the adjustment of the rent charged:

(1) In the case of building-wide major capital improvement, by dividing the cost over a 96-month period of amortization and by dividing the result by the number of rental units in the housing accommodation. No increase under this paragraph may exceed 20% above the current rent charged;

(2) In the case of limited improvements to 1 or more rental units in a housing accommodation, by dividing the cost over a 64-month period of amortization and by dividing this result by the number of rental units receiving the improvement. No increase under this paragraph may exceed 15% above the current rent charged. The Rent Administrator shall make a determination that the interests of the affected tenants are being protected; and

(3) In the case of a rent increase included as part of the rent charged or base rent for a capital improvement after October 19, 1989, the rent increase is temporary and is abated as to each tenant upon recovery of all costs of the capital improvement, including interest and service charges. The rent increase shall not be calculated as part of either the base rent or rent charged of a tenant when determining the amount of rent charged. When the housing provider has recovered all costs, including interest and service charges, the housing provider shall recompute and adjust the rent charged to reflect the abatement of the capital improvement rent increase.

(d) Plans, contracts, specifications, and permits relating to capital improvements shall be retained for 1 year by the housing provider or its designated agent for inspection by affected tenants as the tenants may request at the housing provider’s place of business in the District during working hours. If the housing provider does not have a place of business in the District, the plans, contracts, specifications, and permits relating to the capital improvements shall be made available upon request by the affected tenants at the Rental Accommodations Division.

(e)(1) A decision by the Rent Administrator on a rent adjustment under this section shall be rendered within 60 days after receipt of a complete petition for capital improvement.

(2) Failure of the Rent Administrator to render a decision pursuant to this section within the 60-day period shall operate to allow the petitioner to proceed with a capital improvement.

(f) Any tenant displaced from a rental unit by the capital improvement of the unit or the housing accommodation under this section shall have a right to rerent the rental unit immediately upon the completion of the work.

(g) The housing provider may make capital improvements to the property before the approval of the rent adjustment by the Rent Administrator for the capital improvements where the capital improvements are immediately necessary to maintain the health or safety of the tenants.

(h) A housing provider may adjust the rent charged for any rental unit to provide for the cost of any capital improvements which are required by provisions of any federal or local statute or regulation becoming effective after October 30, 1980, amortized over the useful life of the improvements, and the cost of the improvements applied on an equal basis to those rental units within the housing accommodation which benefit from the improvement, by filing with the Division a certificate of calculation for mandated capital improvement increase. The certificate shall establish:

(1) That the improvement is required by the provisions of a federal or District statute or regulation becoming effective after October 30, 1980;

(2) The amount of the cost of the improvements; and

(3) That required governmental permits and approvals have been secured.

(i) The housing provider may petition the Rent Administrator for approval of the rent adjustment for any capital improvements made under subsection (g) of this section, if the petition is filed with the Rent Administrator within 10 calendar days from the installation of the capital improvements.

(j) The housing provider may petition the Rent Administrator to assess capital improvement increases in the rent charged against elderly tenants and tenants with disabilities, and the Rent Administrator shall approve the petition if the housing provider proves to the satisfaction of the Rent Administrator that the amount which would be collectible from elderly tenants and tenants with disabilities at the housing accommodation, but for the provisions of § 42-3502.06(f), would exceed the amount of real property taxes that would be payable during the calendar year with respect to the housing accommodation, but for the provisions of § 42-3502.06(g).


(July 17, 1985, D.C. Law 6-10, § 210, 32 DCR 3089; Oct. 19, 1989, D.C. Law 8-48, § 2, 36 DCR 5788; Sept. 26, 1992, D.C. Law 9-154, § 2(b), 39 DCR 5673; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Apr. 24, 2007, D.C. Law 16-305, § 67(b), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 45-2520.

Section References

This section is referenced in § 42-3502.06, § 42-3502.08, and § 42-3502.16.

Effect of Amendments

D.C. Law 16-145, in subsecs. (c) and (h), substituted “rent charged” for “rent ceiling”.

D.C. Law 16-305, in subsec. (j), substituted “tenants or tenants with a disability” for “and disabled tenants”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Editor's Notes

Application of Law 9-154: Section 3 of D.C. Law 9-154 provided that the act shall not apply to any increase in a rent ceiling for a rental unit, or to any increase in the rent charged for a rental unit, when the capital improvement petition has been approved by the Rent Administrator and the resultant rent increase was implemented prior to September 26, 1992.


§ 42–3502.11. Services and facilities.

If the Rent Administrator determines that the related services or related facilities supplied by a housing provider for a housing accommodation or for any rental unit in the housing accommodation are substantially increased or decreased, the Rent Administrator may increase or decrease the rent charged, as applicable, to reflect proportionally the value of the change in services or facilities.


(July 17, 1985, D.C. Law 6-10, § 211, 32 DCR 3089; Feb. 24, 1987, D.C. Law 6-192, § 13(c), 33 DCR 7836; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889.)

Prior Codifications

1981 Ed., § 45-2521.

Section References

This section is referenced in § 42-3502.08 and § 42-3502.16.

Effect of Amendments

D.C. Law 16-145 substituted “rent charged” for “rent ceiling”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).


§ 42–3502.11a. Mandatory fees prohibited.

(a) A housing provider shall not impose on a tenant a mandatory fee for any service or facility that has not been approved pursuant to § 42-3502.11 or § 42-3502.15.

(b) A housing provider who violates this section shall be liable to the tenant for treble damages pursuant to section 901(a).


(July 17, 1985, D.C. Law 6-10, § 211a; as added Feb. 18, 2017, D.C. Law 21-210, § 2(b), 63 DCR 15302.)


§ 42–3502.12. Hardship petition.

(a) Where an election has been made under § 42-3502.06(c) to seek a rent adjustment through a hardship petition, the Rent Administrator shall, after review of the figures and computations set forth in the housing provider’s petition, allow additional increases in rent which would generate no more than a 12% rate of return computed according to subsection (b) of this section.

(b) In determining the rate of return for each housing accommodation, the following formula, computed over a base period of the 12 consecutive months within 15 months preceding the filing of a petition under this chapter, shall be used to:

(1) Obtain the net income by subtracting from the sum of maximum possible rental income which can be derived from a housing accommodation to which this section applies and the maximum amount of all other income which can be derived from the housing accommodation the following:

(A) The operating expenses, but the following items shall not be allowed as operating expenses:

(i) Membership fees in organizations established to influence legislation and regulations;

(ii) Contributions to lobbying efforts;

(iii) Contributions for legal fees in the prosecution of class action cases;

(iv) Political contributions to candidates for office;

(v) Mortgage principal payments;

(vi) Maintenance expenses for which the housing provider has been reimbursed by any security deposit, insurance settlement, judgment for damages, agreed upon payments, or any other method;

(vii) Attorney’s fees charged for services connected with counseling or litigation related to actions brought by the District government due to the housing provider’s repeated failure to comply with applicable housing regulations as evidenced by violation notices issued by the Department of Consumer and Regulatory Affairs; and

(viii) Any expenses for which the tenant has lawfully paid directly;

(B) The management fee, where applicable, of not more than 6% of the maximum rental income of the housing accommodation unless an additional amount is approved by the Rent Administrator as follows:

(i) The housing provider shall first file with the Rent Administrator a petition which contains information the Rent Administrator may require, including, but not limited to, the name of the payee; and

(ii) If the Rent Administrator determines, based on the petition and other information the Rent Administrator may require, that the excess over 6% of maximum possible income or part of income is reasonable, the Rent Administrator may permit the same excess or so much of the excess as is reasonable;

(C) Property taxes;

(D) Depreciation expenses to the extent reflected in decreased real property tax assessments;

(E) Vacancy losses for the housing accommodation of not more than 6% of the maximum rental housing income of the housing accommodation unless an additional amount is approved by the Rent Administrator;

(F) Uncollected rents; and

(G) Interest payments;

(2) Then, divide the net income by the housing provider’s equity in the housing accommodation to determine the rate of return.

(c)(1) At the housing provider's election, instead of any adjustment authorized by § 42-3502.06(b), the rent charged for an accommodation may be adjusted through a hardship petition under this section. The petition shall be clearly identified as an election instead of the general adjustments authorized by§ 42-3502.06(b). The Rent Administrator shall accord an expedited review process for these petitions and shall issue and publish a final decision within 90 days after the petition has been filed.

(2)(A) In the case of any petition filed under this subsection as to which a final decision has not been rendered by the Rent Administrator at the end of 90 days from the date of filing of the petition and as to which the housing provider is not in default in complying with any information request made under § 42-3502.16, the housing provider may conditionally implement an adjustment of the rent charged, at the end of the 90-day period, in accordance with this paragraph.

(B)(i) The conditional adjustment of the rent charged that shall be available to the housing provider for an affected unit shall be based upon the Rent Administrator's hardship petition form completed by the housing provider and returned to the Rent Administrator.

(ii) If the hardship petition form indicates that the net income of the housing provider for the affected units is negative, the conditional adjustment of the rent charged for the affected units shall not exceed 5% of the current rent charged.

(iii) If the hardship petition form indicates that the net income of the housing provider for the affected units is positive, the housing provider may not implement a conditional adjustment of the rent charged.

(3) A conditional adjustment of the rent charged shall be subject to subsequent modification by the final decision of the Rent Administrator on the petition. If a hearing has been held on the petition, the Rent Administrator shall, by order served upon the parties at least 10 days before the expiration of the 90-day period commenced pursuant to paragraph (2) of this subsection, make a provisional finding as to the rent increase justified by the order, if any. Except to the extent modified pursuant to § 42-3502.06 or this section, the adjustment procedures of § 42-3502.16 shall apply to any adjustment.

(4) If the Rent Administrator denies the requested rent increase or approves a rent increase that is less than the amount of the conditional adjustment of the rent charged by the housing provider, the housing provider shall refund to the tenant within 21 days of the Rent Administrator's order any rent paid in excess of the amount approved by the Rent Administrator, except that the tenant may elect within 14 days of the Rent Administrator's order to apply any amount of the refund not yet refunded by the housing provider to the tenant, as a credit against future rental payments.


(July 17, 1985, D.C. Law 6-10, § 212, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Feb. 18, 2017, D.C. Law 21-197, § 2(b), 63 DCR 15030.)

Prior Codifications

1981 Ed., § 45-2522.

Section References

This section is referenced in § 42-3502.05, § 42-3502.06, § 42-3502.08, § 42-3502.13, and § 42-3502.16.

Effect of Amendments

D.C. Law 16-145, in subsec. (c), substituted “rent charged” for “rent ceiling”.

Expiration of Law

Termination of Law 6-10

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Rent Control Hardship Petition Limitation Emergency Amendment Act of 2016 (D.C. Act 21-483, Aug. 18, 2016, 63 DCR 10730).

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 days) amendment of this section, see § 2(b) of the Rent Control Hardship Petition Limitation Emergency Amendment Act of 2014 (D.C. Act 20-430, Oct. 7, 2014, 61 DCR 10706, 20 STAT 4145).

For temporary (90 days) amendment of this section, see § 2(b) of the Rent Control Hardship Petition Limitation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-575, Jan. 13, 2015, 62 DCR 1068, 21 STAT 717).

For temporary (90 days) amendment of this section, see § 2(b) of the Rent Control Hardship Petition Limitation Emergency Amendment Act of 2015 (D.C. Act 21-160, Oct. 16, 2015, 62 DCR 13722).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Rent Control Hardship Petition Limitation Temporary Amendment Act of 2016 (D.C. Law 21-169, Nov. 30, 2016, 63 DCR 12597).

For temporary (225 days) amendment of this section, see § 2(b) of the Rent Control Hardship Petition Limitation Temporary Amendment Act of 2014 (D.C. Law 20-164, February 26, 2015, 61 DCR 11095).

For temporary (225 days) amendment of this section, see § 2(b) of the Rent Control Hardship Petition Limitation Temporary Amendment Act of 2015 (D.C. Law 21-49, Jan. 9, 2016, 62 DCR 13990).


§ 42–3502.13. Vacant accommodation.

(a) When a tenant vacates a rental unit on the tenant’s own initiative or as a result of a notice to vacate for nonpayment of rent, violation of an obligation of the tenant’s tenancy, or use of the rental unit for illegal purpose or purposes as determined by a court of competent jurisdiction, the amount of rent charged may, at the election of the housing provider, be increased:

(1) By 10% of the current allowable amount of rent charged for the vacant unit; or

(2) To the amount of rent charged for a substantially identical rental unit in the same housing accommodation; provided, that the increase shall not exceed 30% of the current lawful amount of rent charged for the vacant unit, except that no increase under this section shall be permitted unless the housing accommodation has been registered under § 42-3502.05(f).

(b) For the purposes of this section, rental units shall be defined to be substantially identical where they contain essentially the same square footage, essentially the same floor plan, comparable amenities and equipment, comparable locations with respect to exposure and height, if exposure and height have previously been factors in the amount of rent charged, and are in comparable physical condition.

(c) No rent increase under subsections (a)(1) and (a)(2) may be sought or granted within the 12-month period following the implementation of a hardship increase under § 42-3502.12.

(d) Within 15 days after of the commencement of the new tenancy, the housing provider shall disclose to the tenant on a form published by the Rent Administrator (or in another suitable format until a form is published):

(1) The applicable rent for the rental unit at the commencement of the tenancy;

(2) The amount of the increases in the amount of rent charged for the rental unit during the preceding 3 years, including the basis for each increase and, if applicable, the identification of any substantially identical rental unit on which a vacancy increase is based, and the current increase in the rent charged; and

(3) The identification of any substantially identical rental unit on which the vacancy increase is based.


(July 17, 1985, D.C. Law 6-10, § 213, 32 DCR 3089; Feb. 24, 1987, D.C. Law 6-192, § 13(d), 33 DCR 7836; Aug. 5, 2006, D.C. Law 16-145, § 2(f), 53 DCR 4889; Oct. 30, 2018, D.C. Law 22-168, § 2282(e), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-223, § 2, 66 DCR 185; Mar. 13, 2019, D.C. Law 22-248, § 2(e), 66 DCR 973.)

Prior Codifications

1981 Ed., § 45-2523.

Section References

This section is referenced in § 42-3502.05, § 42-3502.08, and § 42-3502.16.

Effect of Amendments

D.C. Law 16-145, in the lead-in language to subsec. (a), substituted “the amount of rent charged may, at the election of the housing provider, be increased:” for “the rent ceiling may, at the election of the housing provider, be adjusted to either:”; in par. (a)(1), substituted “(1) By 10% of the current allowable amount of rent charged for the vacant unit; or” for “(1) The rent ceiling which would otherwise be applicable to a rental unit under this chapter plus 12% of the ceiling once per 12-month period; or”; in par. (a)(2), substituted “(2) To the amount of rent charged for a substantially identical rental unit in the same housing accommodation; provided, that the increase shall not exceed 30% of the current lawful amount of rent charged for the vacant unit” for “(2) The rent ceiling of a substantially identical rental unit in the same housing accommodation”; and added subsec. (d).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Applicability

Section 4 of D.C. Law 22-248 provided that the repeal of subsection (d) of this section shall apply on the later of the applicability date of the Vacancy Increase Reform Amendment Act of 2018 (D.C. Law 22-223) [to be determined], or the effective date of this act [March 13, 2019]. D.C. Law 22-223 is not yet funded, therefore the repeal of subsection (d) of this section has not been implemented.

Applicability of D.C. Law 22-223: § 3 of D.C. Law 22-223 provided that the change made to this section by § 2 of D.C. Law 22-223 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2282(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2282(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(f) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Editor's Notes

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.


§ 42–3502.14. Substantial rehabilitation.

(a) If the Rent Administrator determines that (1) a rental unit is to be substantially rehabilitated, and (2) the rehabilitation is in the interest of the tenants of the unit and the housing accommodation in which the unit is located, the Rent Administrator may approve, contingent upon completion of the substantial rehabilitation, an increase in the rent charged for the rental unit, if the rent increase is no greater than the equivalent of 125% of the rent charged applicable to the rental unit prior to substantial rehabilitation.

(b) In determining whether a housing unit is to be substantially rehabilitated, the Rent Administrator shall examine the plans, specifications, and projected costs for the rehabilitation, which shall be made available to the Rent Administrator by the housing provider of the rental unit or housing accommodation to be rehabilitated.

(c) In determining whether substantial rehabilitation of a housing accommodation is in keeping with the interest of the tenants, the Rent Administrator shall consider, among other relevant factors:

(1) The impact of the rehabilitation on the tenants of the unit or housing accommodation; and

(2) The existing condition of the rental unit or housing accommodation and the degree to which any violations of the housing regulations in the rental unit or housing accommodation constitute an impairment of the health, welfare, and safety of the tenants.

(d) This section shall apply to the following:

(1) Any rental unit with respect to which a housing provider has notified the tenant, after July 17, 1985, of an intent to substantially rehabilitate; and

(2) Any rental unit with respect to which, before July 17, 1985:

(A) The housing provider has notified the tenant of the intended substantial rehabilitation; and

(B) All the tenants have left.


(July 17, 1985, D.C. Law 6-10, § 214, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889.)

Prior Codifications

1981 Ed., § 45-2524.

Section References

This section is referenced in § 42-3502.08, § 42-3502.16, and § 42-3505.01.

Effect of Amendments

D.C. Law 16-145, in subsec. (a), substituted “rent charged” for “rent ceiling”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).


§ 42–3502.15. Voluntary agreement.

(a) Seventy percent or more of the tenants of a housing accommodation may enter into a voluntary agreement with the housing provider:

(1) To establish the rent charged;

(2) To alter levels of related services and facilities; and

(3) To provide for capital improvements and the elimination of deferred maintenance (ordinary repair).

(b) The voluntary agreement must be filed with the Rent Administrator and shall include the signature of each tenant, the number of each tenant’s rental unit or apartment, the specific amount of increased rent each tenant will pay, if applicable, and a statement that the agreement was entered into voluntarily without any form of coercion on the part of the housing provider. If approved by the Rent Administrator the agreement shall be binding on the housing provider and on all tenants, except as specified in § 42-3502.24(i)(2).

(c) Where the agreement filed with the Rent Administrator is to have the rent charged for all rental units in the housing accommodation adjusted by a specified percentage, the Rent Administrator shall immediately certify approval of the increase.


(July 17, 1985, D.C. Law 6-10, § 215, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Apr. 7, 2017, D.C. Law 21-239, § 3(e), 64 DCR 1588.)

Prior Codifications

1981 Ed., § 45-2525.

Section References

This section is referenced in § 42-3502.08.

Effect of Amendments

D.C. Law 16-145, in par. (a)(1) and subsec. (c), substituted “rent charged” for “rent ceiling”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).


§ 42–3502.16. Adjustment procedure.

(a) The Rent Administrator shall consider adjustments allowed by §§ 42-3502.10, 42-3502.11, 42-3502.12, 42-3502.13, and 42-3502.14 or a challenge to a § 42-3502.06 adjustment, upon a petition filed by the housing provider or tenant. The petition shall be filed with the Rent Administrator on a form provided by the Rent Administrator containing the information the Rent Administrator or the Rental Housing Commission may require. The Rent Administrator shall issue a decision and an order approving or denying, in whole or in part, each petition within 120 days after the petition is filed with the Rent Administrator. The time may be extended only by written agreement between the housing provider and tenant of the rental unit.

(b) Immediately upon receipt of the petition, the Rent Administrator shall notify the nonpetitioning party, housing provider or tenant, by first-class mail, of the right of either party to make, within 15 days after the receipt of the notice, a written request for a hearing on the petition. The Rent Administrator may deny the petition if the issue is moot or the petition does not comply with subsection (a) of this section.

(c) If a hearing is requested timely by either party, notice of the time and place of the hearing shall be furnished the parties by first-class mail at least 15 days before the commencement of the hearing. The notice shall inform each of the parties of the party’s right to retain legal counsel to represent the party at the hearing.

(d) Each housing provider of any rental unit with respect to which a petition is filed or initiated under this section shall submit to the Rent Administrator, within 15 days after a demand is made, an information statement, on a form approved by the Rent Administrator, containing the information the Rent Administrator or the Rental Housing Commission may require.

(e) The Rent Administrator may consolidate petitions and hearings relating to rental units in the same housing accommodation.

(f) The Rent Administrator may, without holding a hearing, refuse to adjust the rent charged for any rental unit, and may dismiss any petition for adjustment, if a final decision has been made on a petition filed under this section, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, or the Rental Housing Act of 1980 for adjustment to the same rental units within the 6 months immediately preceding the filing of the pending petition.

(g) All petitions filed under this section, all hearings held relating to the petitions, and all appeals taken from decisions of the Rent Administrator shall be considered and held according to the provisions of this section and title I of the District of Columbia Administrative Procedure Act. In the case of any direct, irreconcilable conflict between the provisions of this section and the District of Columbia Administrative Procedure Act, the District of Columbia Administrative Procedure Act shall prevail.

(h) Decisions of the Rent Administrator shall be made on the record relating to any petition filed with the Rent Administrator. An appeal from any decision of the Rent Administrator may be taken by the aggrieved party to the Rental Housing Commission within 10 days after the decision of the Rent Administrator, or the Rental Housing Commission may review a decision of the Rent Administrator on its own initiative. The Rental Housing Commission may reverse, in whole or in part, any decision of the Rent Administrator which it finds to be arbitrary, capricious, an abuse of discretion, not in accordance with the provisions of this chapter, or unsupported by substantial evidence on the record of the proceedings before the Rent Administrator, or it may affirm, in whole or in part, the Rent Administrator’s decision. The Rental Housing Commission shall issue a decision with respect to an appeal within 30 days after the appeal is filed.

(i) No increase in rent allowed under this chapter shall be implemented unless the tenant concerned has been given written notice under § 42-3509.04.

(j) A copy of any decision made by the Rent Administrator, or by the Rental Housing Commission under this section shall be mailed by first-class mail to the parties.

(k) The Rent Administrator and, where applicable, the Rental Housing Commission shall accord priority to a housing provider hardship petition covering a housing accommodation for which the federal government is entitled to approve rent increases, where the processing of such a petition has not begun within 45 days immediately following the filing of the petition. Processing of the petitions shall begin no later than 5 days after receipt by the Rent Administrator of written requests from the housing provider and from the federal agency.

(l) No rent increase above that authorized by the Rent Administrator may be implemented by a housing provider during the pendency of an appeal by that housing provider to the Rental Housing Commission or the District of Columbia Court of Appeals where the appeal concerns the validity of that increase.

(m) The service of any document in a proceeding under this section, including a petition, hearing notice, and decision, shall be accompanied by a certificate of service specifying, at a minimum:

(1) The person served;

(2) The date served and by whom; and

(3) The manner of service.


(July 17, 1985, D.C. Law 6-10, § 216, 32 DCR 3089; Feb. 24, 1987, D.C. Law 6-192, §§ 13(e), (f), 33 DCR 7836; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Mar. 3, 2010, D.C. Law 18-111, § 3031, 57 DCR 181.)

Prior Codifications

1981 Ed., § 45-2526.

Section References

This section is referenced in § 42-3502.06, § 42-3502.08, and § 42-3502.12.

Effect of Amendments

D.C. Law 16-145, in subsec. (f), substituted “rent charged” for “rent ceiling”.

D.C. Law 18-111, in subsec. (b), substituted “by first-class mail” for “by certified mail or other form of service which assures delivery of the petition”; in subsec. (c), substituted “by first-class mail” for “by certified mail or other form of service which assures delivery”; in subsec. (j), substituted “by first-class mail” for “by certified mail or other form of service which assures delivery of the decision”; and added subsec. (m).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

For temporary (90 day) amendment of section, see § 3011 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 3031 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 3031 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 3030 of D.C. Law 18-111 provided that subtitle D of title III of the act may be cited as the “Office of Administrative Hearings Mailing Certification Amendment Act of 2009”.

References in Text

The “District of Columbia Administrative Procedure Act,” referred to in subsection (g), is Chapter 5 of Title 2. Title I of the District of Columbia Administrative Procedure Act is subchapter I of Chapter 5 of Title 2.


§ 42–3502.16a. Tenant representation by tenant organization.

(a) A tenant organization shall have standing to assert a claim in its name on behalf of one or more of its members in any petition filed pursuant to this chapter, or under Chapters 39 or 40 of Title 14 of the District of Columbia Municipal Regulations, whether initiated by or against a housing provider; provided, that:

(1) One or more members of the tenant organization have standing to assert a claim in their own right;

(2) One or more members of the tenant organization have provided the tenant organization with written authorization for it to represent that member in the proceeding governing the petition; and

(3) Neither the claim asserted nor the relief requested requires the participation of the member.

(b) Where the provisions of subsection (a) of this section have been satisfied, the tenant organization shall be granted party status and have its name placed in the caption of the proceeding.

(c) No further inquiry into the membership of the association shall be permitted.


(July 17, 1985, D.C. Law 6-10, § 216a; as added Sept. 24, 2010, D.C. Law 18-226, § 2, 57 DCR 6920.)


§ 42–3502.17. Security deposit.

(a) No person shall demand or receive a security deposit from any tenant for a rental unit occupied by the tenant upon July 17, 1985, where no security deposit had been demanded or received of the tenant for the rental unit before July 17, 1985, but this provision shall not prevent the collection of security deposits for newly constructed units or units exempted under § 42-3502.05(a)(4) and (7). Security deposits shall be collected pursuant to the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 14 DCMR 308 et seq.).

(b) The Office of Administrative Hearings may adjudicate complaints for the non-return of tenant security deposits and for the nonpayment of interest on tenant security deposits pursuant to section 2908 of the Housing Regulations of the District of Columbia (14 DCMR §§ 308 through 311).

(c)(1) No housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear.

(2) A covenant or promise by a tenant to leave, restore, surrender, or yield a leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials, or fix other defects without negligence or fault on the tenant's part.

(3) For the purposes of this subsection, the term "ordinary wear and tear" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. The term "ordinary wear and tear" does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.


(July 17, 1985, D.C. Law 6-10, § 217, 32 DCR 3089; Mar. 14, 2007, D.C. Law 16-276, § 3, 54 DCR 889; Mar. 25, 2009, D.C. Law 17-366, § 2(h), 56 DCR 1332; June 7, 2012, D.C. Law 19-140, § 2, 59 DCR 2879; Feb. 18, 2017, D.C. Law 21-210, § 2(c), 63 DCR 15302.)

Prior Codifications

1981 Ed., § 45-2527.

Section References

This section is referenced in § 42-3502.05.

Effect of Amendments

D.C. Law 16-276 designated existing text as subsec. (a) and inserted subsec. (b).

D.C. Law 17-366, in subsec. (b), inserted “and for the nonpayment of interest on tenant security deposits” following “tenant security deposits”.

D.C. Law 19-140, in subsec. (b), substituted “complaints for the non-return of” for “complaints for the nonpayment of interest on”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Editor's Notes

For Law 17-366, see notes following § 42-3401.03.


§ 42–3502.18. Remedy.

The Rental Housing Commission, Rent Administrator, or any affected housing provider or tenant may commence a civil action in the Superior Court of the District of Columbia to enforce any rule or decision issued under this chapter.


(July 17, 1985, D.C. Law 6-10, § 218, 32 DCR 3089.)

Prior Codifications

1981 Ed., § 45-2528.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.


§ 42–3502.19. Judicial review.

Any person or class of persons aggrieved by a decision of the Rental Housing Commission, or by any failure on the part of the Rental Housing Commission or Rent Administrator to act within any time certain mandated by this chapter, may seek judicial review of the decision or an order compelling the decision by filing a petition for review in the District of Columbia Court of Appeals.


(July 17, 1985, D.C. Law 6-10, § 219, 32 DCR 3089.)

Prior Codifications

1981 Ed., § 45-2529.

Section References

This section is referenced in § 42-3501.03.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.


§ 42–3502.20. Report of Mayor.

(a) No later than October 1, 1988, the Mayor shall report to the Council on the continued need for the rent stabilization program.

(b) The report shall be prepared by a person not affiliated with the District government and shall contain:

(1) The number of new and renovated units which have been placed on the rental housing market since July 17, 1985;

(2) The number of new and renovated units it is anticipated will be placed on the rental housing market annually until 1996;

(3) An assessment of the effectiveness of the Tenant Assistance Program; the adequacy of monies appropriated for the program; and the projected costs of the Tenant Assistance Program in the absence of rent stabilization legislation;

(4) The impact of the rent stabilization program on the cost and supply of rental housing;

(5) An assessment of the present rent stabilization program in terms of its being understandable, efficient, inexpensive, equitable, and flexible;

(6) The impact of the present rent stabilization program upon small housing providers compared to large housing providers;

(7) The number of District residents living in substandard housing and their locations;

(8) An assessment of the impact of the proposed civil infractions law on housing code violations, if the law is enacted in a timely manner;

(9) An assessment of the probable impact on the private rental housing market and the present rent stabilization program of the following individual or combination of factors:

(A) Vacancy decontrol;

(B) Luxury decontrol;

(C) Increasing from 4 units to 10 units the maximum rental units exemption under § 42-3502.05(a)(3); and

(D) Tying the rent stabilization program to the amount of family income available for rent; and

(10) Any other information considered appropriate by the drafters of the report.


(July 17, 1985, D.C. Law 6-10, § 220, 32 DCR 3089.)

Prior Codifications

1981 Ed., § 45-2529.1.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

References in Text

The “proposed civil infractions law,” referred to in paragraph (b)(8), was enacted as D.C. Law 6-42.


§ 42–3502.21. Certificate of assurance.

(a) Upon the issuance of any building permit for a housing accommodation to which § 42-3502.05(a)(2) or (4) applies after July 17, 1985, the Mayor shall at the request of the recipient of the building permit issue to the recipient thereof concurrently with the building permit a certificate of assurance containing the terms set forth in this section. Within 30 days of written request of the owner of any housing accommodation to which § 42-3502.05(a)(2) or (4) applies, the Mayor shall issue to the owner a certificate of assurance containing the terms set forth in this section.

(b) The certificate of assurance shall provide that in the event that any rental unit in any housing accommodation then existing or thereafter constructed on the property covered by the certificate is ever made subject to §§ 42-3502.05(f) through 42-3502.19, or any future District of Columbia law limiting the amount of rent which a housing provider can lawfully demand or receive from a tenant, the owner of the property shall have the right to recover annually from the District of Columbia for so long as the property is used as a housing accommodation, in accordance with subsection (c) of this section, the difference between the annual fair market rental amount and the annual amount of rent that the owner of the property actually receives from the tenants in the housing accommodation. The certificate of assurance shall be executed by the Mayor and the recipient and shall obligate the recipient to use the recipient’s best efforts to construct a housing accommodation as expeditiously as possible on the property which is the subject thereof if there does not then exist a housing accommodation on the property. Each certificate of assurance shall provide that it shall become null and void in the event that a housing accommodation is not constructed on the property within 5 years of the issuance thereof and shall contain the definitions set forth in § 42-3501.03(1) and (3). The certificate of assurance shall be an irrevocable agreement in recordable form and constitute a covenant running with the land. The Mayor shall review the proposed form of the certificate of assurance with Council’s Committee on Consumer and Regulatory Affairs prior to its first use to ensure that the form will be legal, valid and enforceable, contain the terms provided for herein, and otherwise further its intended purpose of stimulating the addition of rental units to the District’s housing stock.

(c) The certificate of assurance shall provide that for so long as the property is used as a housing accommodation and is subject to §§ 42-3502.05(f) through 42-3502.19, or any future District of Columbia law limiting the amount of rent which a housing provider can lawfully demand or receive from a tenant, the annual difference between the annual fair market rental amount and the annual amount of rent that the owner of the property actually receives from the tenants in the housing accommodation shall be recoverable by the owner of the property by (1) taking a credit against any present or future District of Columbia real estate taxes payable by the owner of the property whether on the housing accommodation or other property located in the District of Columbia, or (2) seeking specific performances of the certificate of assurance against the District of Columbia, or damages for the breach thereof, in the Superior Court of the District of Columbia. If the Mayor considers the credit to be in excess of the amount the owner of the property is entitled to take as a credit hereunder, the Mayor shall notify the owner in writing of the amount of excess credit. If the Mayor and the owner of the property are unable to agree on the amount of the credit, the Mayor shall have the right to sue the owner in the Superior Court of the District of Columbia to recover any excess credit together with interest thereon at the rate of 18% per year from the date that the Mayor filed to recover such excess credit. Notwithstanding any other provision of District of Columbia law, the Mayor shall have no resort to any other remedy for nonpayment of real estate taxes (to the extent such nonpayment arises from a credit claimed hereunder) until a final judgment is rendered in favor of the Mayor in Superior Court of the District of Columbia.


(July 17, 1985, D.C. Law 6-10, § 221, 32 DCR 3089; Apr. 9, 1997, D.C. Law 11-255, § 51(c), 44 DCR 1271.)

Prior Codifications

1981 Ed., § 45-2529.2.

Expiration of Law

See Historical and Statutory Notes following § 42-3501.01.

Emergency Legislation

For temporary (90 day) additions, see § 2(g) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31,


§ 42–3502.22. Disclosure to tenants.

(a) At the written request of a tenant not more than one time each calendar year, a housing provider shall, within 10 business days on a form provided by the Rent Administrator (or in another suitable format until a form is published), provide the amount of each increase in the amount of rent charged for the tenant’s rental unit during the preceding 3 years on which the current rent charged is based, including the basis for each increase and, if applicable, the identification of any substantially identical rental unit on which a vacancy increase was based.

(b)(1) At the time a prospective tenant files an application to lease any rental unit, the housing provider shall provide on a disclosure form published by the Rent Administrator (or in another suitable format until a form is published) together with any documents corresponding to each item of information:

(A) The applicable rent for the rental unit;

(B) Any tenant petition or petition filed by the housing provider which is pending that could affect the rental unit, including petitions for further rent increases during the following 12 months;

(C) Any surcharges on rent for the rental unit, including capital improvement surcharges and the expiration date of those surcharges;

(D) The frequency with which rent increases for the rental unit may be implemented;

(E) The rent-controlled or exempt status of the housing accommodation, its business license, and a copy of the registration or claim of exemption together with the most recent notice filed pursuant to § 42-3502.05(g)(1)(C);

(F) All copies of housing code and property maintenance code violation reports issued by the Department of Consumer and Regulatory Affairs for the housing accommodation or rental unit within the last 12 months, or previously issued reports for violations which have but not been abated;

(G) A pamphlet published by the Rent Administrator that explains in detail using lay terminology the laws and regulations governing the implementation of rent increases and petitions permitted to be filed by housing providers and by tenants;

(H)(i) The amount of any nonrefundable application fee; and

(ii) The amount of any initial security deposit, the interest rate on the security deposit, and the means by which the security deposit is returned to the tenant when the tenant vacates the unit;

(I) Whether the housing accommodation is registered as, or in the process of converting to, a condominium or cooperative or a use that is not a housing accommodation;

(J) The disclosure of ownership information in the registration form required by § 42-3502.05(f) and (g)(1)(C);

(K) Information known or that should have been known about the presence of indoor mold contamination as defined in § 8-241.01(5) in the rental unit or common areas in the previous 3 years, unless the mold has been remediated by an indoor mold remediation professional certified and licensed by the District; and

(L) A Tenant Bill of Rights published by the Office of the Tenant Advocate pursuant to § 42-3531.07(8).

(1A) The requirement in paragraph (1)(L) of this subsection shall apply to an application for a residential rental unit submitted 90 days after a Tenant Bill of Rights is noticed in the District of Columbia Register.

(2) The housing provider shall:

(A) Maintain in a publicly accessible area of the housing accommodation (such as a reception desk or management office) a compilation of disclosure forms and documents for each rental unit in the housing accommodation containing the information required by paragraph (1) of this section;

(B) Update the compilation within 30 days of any change in such information;

(C) Give written notice to each tenant of the housing accommodation, on a form published by the Rent Administrator (or in another suitable format until a form is published), that the disclosure forms and documents for the tenant’s rental unit are available for inspection, which shall include the location of the disclosure forms in the housing accommodation and a table of contents enumerating the categories of information contained in the compilation required by paragraph (1) of this section;

(D) Make available for the tenant’s inspection the disclosure forms and the documents for the tenant’s rental unit; and

(E) Within 10 business days after written request by any tenant once per year, provide to the tenant without charge a copy of the disclosure form and such documents for the tenant’s rental unit.

(c) The rent for any rental unit shall not be increased if the housing provider:

(1) Willfully violates the provisions of this section; or

(2) Fails to comply within 10 business days of written notice of any failure to comply with the provisions of this section.


(July 17, 1985, D.C. Law 6-10, § 222; as added Aug. 5, 2006, D.C. Law 16-145, § 2(g), 53 DCR 4889; Sept. 9, 2014, D.C. Law 20-135, § 301, 61 DCR 6767; Dec. 17, 2014, D.C. Law 20-147, § 3, 61 DCR 8310.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-135 added “and property maintenance code” in (b)(1)(F); made a minor stylistic change in (b)(1)(J); and added (b)(1)(K).

The 2014 amendment by D.C. Law 20-147 added the subsection designated herein as (b)(1)(L) and made related changes; and added (b)(1A).


§ 42–3502.22a. Forms to include definition of the term rent charged.

The definition of the term "rent charged" shall be included on all Rental Accommodations Division forms that include the term.


(July 17, 1985, D.C. Law 6-10, § 222a; as added Mar. 13, 2019, D.C. Law 22-248, § 2(f), 66 DCR 973.)

Editor's Notes

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.


§ 42–3502.23. Addition to Comprehensive Housing Strategy report.

The Mayor shall include in the reports to the Council pursuant to § 6-1054, analyses of the need, means, and methods of further assisting income qualified elderly tenants, tenants with disabilities, teachers of the District of Columbia Public Schools or a District of Columbia Public Charter School, and low-income tenants to pay their rent. The report shall consider:

(1) The income and any other criteria that shall be used to determine which tenants qualify for the program;

(2) The rent that qualified households shall pay;

(3) The number and the allocation of units to be included in any set-aside;

(4) The extent to which the program should incorporate any District affordable housing program and any federal affordable housing program available in the District;

(5) The reporting requirements which should be imposed on housing providers subject to this subchapter and on qualified tenants to ensure that the program is effective.


(July 17, 1985, D.C. Law 6-10, § 223; as added Aug. 5, 2006, D.C. Law 16-145, § 2(g), 53 DCR 4889; Apr. 7, 2017, D.C. Law 21-239, § 3(f), 64 DCR 1588.)

Cross References

Homestead housing preservation, “low-income persons” defined, see § 42-2103.

Housing Finance Agency, assisted housing projects, eligibility for rent supplements, see § 42-2703.08.


§ 42–3502.24. Elderly tenants and tenants with disabilities.

(a) Notwithstanding § 42-3502.08(h), an adjustment in the amount of rent charged while a unit is occupied by an elderly tenant or tenant with a disability, without regard to income, shall not exceed the rent charged for the unit, plus the least of:

(1) The adjustment of general applicability;

(2) The most recent annual cost-of-living adjustment of benefits for social security recipients established pursuant to section 415(i) of the Social Security Act, approved August 28, 1950 (64 Stat. 506; 42 U.S.C. § 415(i)); or

(3) Five percent of the rent charged.

(b) A rent surcharge allowed pursuant to §§ 42-3502.10, 42-3502.12, and 42-3502.14 and a rent increase allowed pursuant to § 42-3502.11, shall not be assessed against a current or future elderly tenant or tenant with a disability with a qualifying income. For the purposes of calculating the rent charged a future qualified elderly tenant or tenant with a disability, adjustments in the rent charged pursuant to these sections effected during the tenancy of a tenant not exempt from the adjustments, shall be considered rent surcharges, and shall be subtracted from the rent charged for the unit.

(c) A tenant exempt from § 42-3502.11 and a tenant whose rent charged may not be increased under § 42-3502.15 may waive his or her rights under the respective sections. The waiver shall be in writing and shall state that it was made voluntarily, without coercion, and with full knowledge of the ramifications of a waiver of their rights.

(d)(1) A tenant may file a completed elderly or disability status and income eligibility registration form and supporting documentation by mail, fax, email, or in person at the Rental Accommodations Division of the Department of Housing and Community Development.

(2) The Mayor shall determine the minimum documentation necessary for a tenant to establish elderly tenant or tenant with a disability status and income eligibility, which may include:

(A) For elderly status, proof of age as documented by a passport, birth certificate, District-issued driver's license or identification card, or any other documentation as the Mayor deems sufficient; and

(B) For disability status, an award letter for disability benefits from the U.S. Social Security Administration, a letter from a physician stating that the tenant is a tenant with a disability, or other documentation as the Mayor may deem sufficient.

(3) In making a determination that a tenant qualifies as a tenant with a disability under this subsection, the Mayor shall limit the inquiry to the minimum information and documentation necessary to establish that the tenant meets the definition of a tenant with a disability and shall not inquire further into the nature or severity of the disability.

(4) The Mayor shall not require a tenant to provide a description of the disability when making an eligibility determination; provided, that the Mayor shall require that a physician or other licensed healthcare professional verify that a tenant meets the definition of a tenant with a disability.

(5) The Mayor shall not require the tenant to provide eligibility documentation in fewer than 30 days.

(6) The Mayor shall maintain records of the information compiled under this subsection and shall not disclose information about a tenant's disability unless the disclosure is required by law.

(7) The Mayor shall develop any forms and procedures as may be necessary to verify eligibility under this subsection.

(8) A tenant shall provide pay stubs, benefit statements, or other documentation as the Mayor may deem sufficient as proof of income eligibility to qualify for an exemption from an adjustment in the rent charged pursuant to subsection (b) of this section.

(9) A housing provider shall, upon the request of a tenant, provide the tenant with a current copy of the registration form issued by the Rent Administrator for purposes of establishing elderly tenant or tenant with a disability status, or qualifying income status.

(e)(1) A tenant's elderly or disability status shall be effective as of the first day of the first month following compliance with this subsection and shall remain effective unless and until any time the Rent Administrator may deny the registration.

(2) If the effective date of the tenant's elderly or disability status occurs less than 12 months after the effective date of a rent adjustment of general applicability, the housing provider shall reduce the rent charged to the rent for a unit occupied by an elderly tenant or a tenant with a disability pursuant to subsection (a) of this section,as of the effective date of the tenant's elderly or disability status.

(3) An elderly tenant or tenant with a disability shall not be entitled to receive a retroactive refund for an approved registration for a time period where the tenant was qualified as an elderly tenant or a tenant with a disability, but had not yet fulfilled the requirements of this section.

(f) The Rent Administrator shall issue a notice of rent adjustment that shall set forth:

(1) The maximum standard rent increase percentage that applies to elderly tenants and tenants with disabilities, in bold 12-point lettering;

(2) The benefits and protections that apply to elderly tenants and tenants with disabilities; and

(3) The standards and procedures for qualifying for those benefits and protections.

(g)(1) A housing provider who provides housing to an elderly tenant or tenant with a disability, with qualifying income, and is not permitted under subsection (b) of this subsection to implement, and does not implement, an adjustment in rent charged pursuant to § 42-3502.10, § 42-3502.11, § 42-3502.12, or § 42-3502.14, shall receive a tax credit for each unit occupied by an elderly tenant or a tenant with a disability, with qualifying income, in the amount of $1 for each $1 of theapproved rent adjustment that is not implemented.

(2) The tax credit may be taken against the next installment or installments of taxes payable to the District coming due with respect to the housing accommodation, inclusive of the land on which it is located.

(3)(A)(i) The tax credit shall first be taken against real property taxes payable to the District.

(ii) The Rent Administrator shall certify to the Office of Tax and Revenue the amount of credit allowable for each housing provider and parcel of real property for each real property tax year.

(iii) The total amount of credit certified by the Rent Administrator for any tax year shall not exceed the maximum amount of credit allowable for the year under paragraph (6) of this subsection.

(B) If the amount that would be collectible from elderly tenants and tenants with disabilities at the housing accommodation exceeds the amount of real property taxes that would be payable during the real property tax year with respect to the housing accommodation but for the provisions of subsection (b) of this section, then the housing provider may take the tax credit against income or franchise taxes payable to the District for the housing provider's tax year during which the real property tax year ends.

(4) The tax credit shall cease:

(A) Upon recovery by the housing provider of all costs, including interest and service charges, used as a basis for a capital improvement petition or a substantial rehabilitation petition; or

(B) Upon any expiration of a hardship petition granted to the housing provider.

(5) If an elderly tenant or tenant with a disability, with qualifying income, should cease to reside in a rental unit, the tax credit allowed to the housing provider for that rental unit shall cease.

(6) Notwithstanding any other provision of this section, the total combined tax credits claimed by all housing providers under this section for any fiscal year shall not exceed $1.25 million.

(7) The maximum total combined tax credits claimed by all housing providers under this section for any fiscal year shall be adjusted annually by an amount equal to the change during the previous calendar year, ending each December 31, in the Washington, D.C., Standard Metropolitan Statistical Area Consumer Price Index for Urban Wage Earners and Clerical Workers ("CPI-W") for all items during the preceding calendar year.

(8) The base year for the annual adjustment specified in paragraph (7) of this subsection shall be the year 2017. The annual adjustment shall occur at least 12 months after April 7, 2017, on the following October 1. The annual adjustment shall be in accordance with the CPI-W effective as of the October 1 of each subsequent year.

(9) Notwithstanding subsection (b) of this section, if the Chief Financial Officer finds that funds are not available for the tax credit provided by this subsection, then a housing provider may assess against an elderly tenant or tenant with a disability a rent surcharge allowed pursuant to §§ 42-3502.10, 42-3502.12, and 42-3502.14, and a rent increase allowed pursuant to § 42-3502.11.

(h)(1) A housing provider shall not increase the rent charged in an amount greater than that allowed for a unit occupied by an elderly tenant or a tenant with a disability pursuant to subsection (a) of this section, unless the Rent Administrator has issued a determination that the tenant failed to qualify for elderly or disability status, pursuant to this subsection.

(2) If the housing provider has substantial grounds to believe that the tenant does not qualify for elderly or disability status, or that relevant documentation is fraudulent or has been falsified, and if efforts to resolve the dispute directly with the tenant are unavailing, then the housing provider may challenge the tenant's registration by:

(A) Notifying the tenant of the basis for the challenge; and

(B) Filing a request to deny the registration with the Rent Administrator, within 30 days of the tenant's compliance with subsection (d) of this section.

(3)(A) If the Rent Administrator has substantial grounds to believe that the tenant does not qualify for elderly or disability status, and that relevant documentation is fraudulent or has been falsified, then within 30 days of the tenant's compliance with subsection (d) of this section, the Rent Administrator may deny the tenant's registration.

(B) The Rent Administrator shall deny a tenant's registration only upon clear and convincing evidence of error, fraud, falsification, or misrepresentation, and only if the tenant has been given the opportunity to respond to the challenge to the registration by the housing provider or to the denial of the registration by the Rent Administrator.

(C) If the Rent Administrator denies a tenant's registration, and determines that the tenant acted in bad faith rather than due to unintentional error, then within 21 days of the denial, the Rent Administrator may order the tenant to pay to the housing provider double the difference between the amount of rent to be charged pursuant to § 42-3502.08(h) and the amount of rent actually paid, with interest.

(i)(1) A voluntary agreement shall not increase the rent charged to a current or future elderly tenant or tenant with a disability with a qualifying income.

(2) For the purposes of calculating the rent charged a future qualified elderly tenant or tenant with a disability, an increase in the rent charged pursuant to a voluntary agreement effected during the tenancy of a tenant not exempt from the increase, shall be considered a rent surcharge, and shall be subtracted from the rent charge of the unit during the tenancy of the qualified elderly tenant or tenant with a disability.

(3) The voluntary agreement shall identify each rental unit that is occupied by an elderly tenant or a tenant with a disability, the name of each tenant in the unit, and the current rent charged.

(j) The Mayor may determine the term of eligibility and recertification requirements for the exemptions provided by this section.


(July 17, 1985, D.C. Law 6-10, § 224; as added Apr. 7, 2017, D.C. Law 21-239, § 3(g), 64 DCR 1588.)

Applicability

Section 7017 of D.C. Law 22-168 repealed section 4 of D.C. Law 21-239. Therefore the creation of this section by D.C. Law 21-239 has been implemented.

Applicability of D.C. Law 21-239: § 4 of D.C. Law 21-239 provided that the creation of subsection (b) of this section by § 3(g) of D.C. Law 21-239 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.