§ 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 housing provider may elect to increase the amount of rent charged by:

(1) 10% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for 10 years or less; or

(2) 20% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for more than 10 years.

(b) No increase under this section shall be permitted unless the housing accommodation has been registered under § 42-3502.05(f).

(c) No rent increase under subsection (a) may be sought or granted within the 12-month period following the implementation of any rent increase pursuant to § 42-3502.12.

(d) As part of a lease agreement for a new tenancy, the housing provider shall disclose to the tenant on a form published by the Rent Administrator:

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

(2) The amount of the increases in the rent charged for the rental unit during the preceding 3 years, including the basis for each rent adjustment.

(e) Repealed.

(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; July 12, 2022, D.C. Law 24-147, § 167, 69 DCR 003386.)

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 (e) 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 23-223 became applicable September 11, 2019 upon the repeal of the applicability provision of D.C. Law 22-223 pursuant to § 7157 of D.C. Law 23-16. Therefore the repeal of subsection (e) of this section has been implemented.

Applicability of D.C. Law 22-223: § 7157 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-223. Therefore the amendment of this section by D.C. Law 22-223 has been implemented.

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) [September 11, 2019], or the effective date of this act [March 13, 2019]. D.C. Law 23-223 became applicable September 11, 2019 upon the repeal of the applicability provision of D.C. Law 22-223 pursuant § 7157 of D.C. Law 23-16, therefore the repeal of subsection (d) of this section has not been implemented.

Section 4 of D.C. Law 22-248 provided that the repeal of subsection (e) 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 (e) 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) repeal of applicability provision of D.C. Law 22-223, see § 7157 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-223, see § 7157 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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 § 2-501et 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.