reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.03b. Choice of forum; standard of review

§ 42–3405.03b. Choice of forum; standard of review.
(a) The rights provided under §§ 42-3405.03 and 42-3405.03a are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 42-3405.03. Unless all parties to the action agree otherwise, once an action has been brought in one forum, an action based on the same or a substantially similar cause of action may not be brought in any other forum.
(b) The applicability of this chapter, and rights created hereunder, shall be determined by examining the substance of the transaction or series of transactions. A step transaction or other device entered into or employed for the purpose of avoiding the obligation to comply with the requirements of this chapter shall be construed in accordance with the substance of the transaction.
(Sept. 10, 1980, D.C. Law 3-86, § 503b; as added Sept. 6, 1995, D.C. Law 11-31, § 3(q), 42 DCR 3239; July 22, 2005, D.C. Law 16-15, § 2(e), 52 DCR 6885.)
Prior Codifications
1981 Ed., § 45-1653.2.
Effect of Amendments
D.C. Law 16-15, in the section heading, inserted “; standard of review”; designated the existing text as subsec. (a); and added subsec. (b).
Emergency Legislation
For temporary addition of section, see § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1994 (D.C. Act 10-285, July 8, 1994, 41 DCR 4904).
For temporary addition of section, see § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1995 (D.C. Act 11-47, May 4, 1995, 42 DCR 2410) and § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Congressional Recess Emergency Act of 1995 (D.C. Act 11-96, July 19, 1995, 42 DCR 3837).
Temporary Legislation
For temporary (225 day) addition, see § 3(p) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1994 (D.C. Law 10-176, September 22, 1994, law notification 41 DCR 6076).
Editor's Notes
Reenactment of D.C. Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
Addition of § 45-1653.2 by Law 10-144: Section 2(q) of D.C. Law 10-144 purported to add a § 503b to D.C. Law 3-86 to be codified as § 42-3405.03b which read:
“The rights provided under §§ 45-1653 and 45-1653.1 are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 45-1653. Unless all parties to the action agree otherwise, once an action has been brought in 1 forum, an action based on the same or a substantially similar cause of action may not be brought in any other forum.”
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.04. Notice of rejection

§ 42–3405.04. Notice of rejection.
If the Mayor determines to reject an application by a party pursuant to this chapter, he or she shall notify the applicant of the findings upon which the rejection is based, and that the rejection will be deemed final in 20 days. During the 20-day period, the applicant may petition for reconsideration, and, upon a proper showing of reasonable grounds, shall be entitled to a hearing to contest the particulars specified in the Mayor’s rejection notice. Such notice of rejection shall not take effect during the pendency of a hearing, if requested.
(Sept. 10, 1980, D.C. Law 3-86, § 504, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(g), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1654.
Section References
This section is referenced in § 42-3405.08.
Editor's Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.05. Investigations

§ 42–3405.05. Investigations.
(a) The Mayor may make necessary public or private investigations in accordance with law within or without of the District of Columbia to determine compliance with the requirements of this chapter or to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder.
(b) For the purpose of any investigation under this chapter, the Mayor or any officer designated by rule may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents or other tangible things and the identity and location of persons having knowledge or relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.
(Sept. 10, 1980, D.C. Law 3-86, § 505, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1655.
Editor's Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.06. Enforcement

§ 42–3405.06. Enforcement.
(a) The Mayor shall have the power to enforce this chapter and rules and regulations made hereunder. If the Mayor determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) violated any condition imposed in writing in connection with the granting of any application or other request under this chapter; or (3) violated any lawful order or rule of the agency; the Mayor may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in his or her judgment will carry out the purposes of this chapter.
(b) If the Mayor makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the Mayor may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the Mayor shall give notice of the proposal to issue a temporary cease and desist order which shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not such order becomes permanent.
(c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter, or a rule, regulation, or order hereunder, the Mayor with or without prior administrative proceedings may bring an action in the Superior Court of the District of Columbia to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation, or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The Mayor is not required to post a bond in any court proceedings or prove that any other adequate remedy at law exists.
(d) The Mayor may intervene in any civil action involving the enforcement of any right or provision under this chapter. The Mayor may require an owner, tenant, or tenant organization to notify the Mayor of any suit instituted pursuant to § 42-3405.03.
(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Sept. 10, 1980, D.C. Law 3-86, § 506, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824; Oct. 5, 1985, D.C. Law 6-42, § 410(a), 32 DCR 4450.)
Prior Codifications
1981 Ed., § 45-1656.
Section References
This section is referenced in § 42-3405.08.
Editor's Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.07. Revocation

§ 42–3405.07. Revocation.
(a) A certificate issued pursuant to § 42-3402.02(a), an exemption issued pursuant to § 42-3402.02(b) or § 42-3402.10, or registration required pursuant to § 42-3404.11 may be revoked after notice and hearing upon a written finding of fact that the holder of the certificate, the holder of the exemption, or the registrant has:
(1) Failed to comply with the terms of a cease and desist order;
(2) Failed faithfully to perform any stipulation or agreement made with the Mayor as an inducement to grant any certificate, exemption, or registration; or
(3) Made intentional misrepresentations or concealed material facts in an application for a certificate, exemption, or registration.
(b) If the Mayor finds after notice and hearing that the holder of a certificate, the holder of an exemption, or the registrant has been guilty of a violation for which revocation could be ordered, the Mayor may issue a cease and desist order; or, upon adjudication for any infraction thereof, impose civil fines, penalties, and fees as alternative sanctions, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(Sept. 10, 1980, D.C. Law 3-86, § 507, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824; Oct. 5, 1985, D.C. Law 6-42, § 410(b), 32 DCR 4450.)
Prior Codifications
1981 Ed., § 45-1657.
Section References
This section is referenced in § 42-3405.08.
Editor's Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.08. Administrative proceedings

§ 42–3405.08. Administrative proceedings.
(a) Any proceeding provided in § 42-3405.04, § 42-3405.06, or § 42-3405.07 shall be conducted according to §§ 2-509 and 2-510 and any officer designated to conduct such a proceeding shall not immediately supervise or be subject to supervision by any employee who participates or has participated in the investigation or prosecution of such case.
(b) After any hearing pursuant to this section, and within 10 days after the parties have been notified of the initial decision of the officer who conducted the hearing, if no appeal is taken or no determination is made to review the decision, the Mayor shall adopt and render the initial decision as the final decision and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of § 42-3405.04, § 42-3405.06, or § 42-3405.07, as appropriate.
(c) In the course of, or in connection with any such proceeding, the Mayor or any officer designated by rule may administer oaths or affirmations, take or cause depositions to be taken, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(d) Upon failure to obey a subpoena or to answer questions propounded by the presiding officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.
(e) Any service required or authorized to be made under this section may be made by registered mail or in such other manner reasonably calculated to give actual notice as the Mayor may by regulation or otherwise require.
(Sept. 10, 1980, D.C. Law 3-86, § 508, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1658.
Editor's Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.09. Judicial review

§ 42–3405.09. Judicial review.
(a) After the issuance of a final decision and order pursuant to this chapter, and within 15 days after the Mayor has notified the parties of the final decision and order, any party to such proceeding may seek judicial review of such decision and order by filing a petition for review in the District of Columbia Court of Appeals.
(b) Proceedings for judicial review of Mayoral actions shall be subject to and be in accordance with § 2-510.
(Sept. 10, 1980, D.C. Law 3-86, § 509, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1659.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.10. Penalties

§ 42–3405.10. Penalties.
Any person who wilfully violates any provision of this chapter or any rule adopted under or order issued pursuant to this chapter or any person who wilfully in an application makes any false statement of a material fact or omits to state a material fact shall be fined not less than $1,000 or double the amount of gain from the transaction, whichever is larger, but not more than $50,000; or such person may be imprisoned for no more than 6 months; or both, for each offense. Prosecution for violations of this chapter shall be brought in the name of the District of Columbia by the Office of the Corporation Counsel.
(Sept. 10, 1980, D.C. Law 3-86, § 510, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1660.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.11. Statutory construction

§ 42–3405.11. Statutory construction.
The purposes of this chapter favor resolution of ambiguity by the hearing officer or a court toward the end of strengthening the legal rights of tenants or tenant organizations to the maximum extent permissible under law. If this chapter conflicts with another provision of law of general applicability, the provisions of this chapter control.
(Sept. 10, 1980, D.C. Law 3-86, § 511, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(h), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1661.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34 - Rental Housing Conversion and Sale › Subchapter V - Implementation and Enforcement › § 42–3405.13. Severability

§ 42–3405.13. Severability.
If any provision of this chapter, or any section, clause, phrase, or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of the chapter and of the application of any other provision, section, sentence, clause, phrase, or word shall not be affected.
(Sept. 10, 1980, D.C. Law 3-86, § 513, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(h), 28 DCR 2824.)
Prior Codifications
1981 Ed., § 45-1663.
Emergency Legislation
For temporary (90 days) requirement that the Stronger Together by Assisting You (STAY DC) Program application portal allow housing providers to submit an application for emergency rental assistance on behalf of tenants with an electronic signature from the tenant, see § 3 of Public Emergency Extension and Eviction and Utility Moratorium Phasing Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-197, Oct. 22, 2021, 68 DCR 011614).
For temporary (90 days) requirement that the Stronger Together by Assisting You (STAY DC) Program application portal allow housing providers to submit an application for emergency rental assistance on behalf of tenants with an electronic signature from the tenant, see § 4 of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).
Temporary Legislation
For temporary (225 days) requirement that the Stronger Together by Assisting You (STAY DC) Program application portal allow housing providers to submit an application for emergency rental assistance on behalf of tenants with an electronic signature from the tenant, see § 4 of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 34A - STAY DC Improvements › § 42–3411.01. STAY DC Improvements

§ 42–3411.01. STAY DC Improvements.
(a)(1) No later than August 9, 2021, the Stronger Together by Assisting You ("STAY DC") Program application portal shall allow housing providers to submit an application for emergency rental assistance on behalf of tenants with an electronic signature from the tenant for funding allocated to the District through section 501 of Division N of the Consolidated Appropriations Act of 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a ).
(2) Applications submitted by housing providers under paragraph (1) shall meet all the requirements of section 501(f)(2) of Division N of the Consolidated Appropriations Act, 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a(f)(2)), and applicable guidance issued by the United States Department of Treasury.
(b) No later than August 9, 2021, the Mayor shall issue guidance outlining the circumstances in which STAY DC will cover arrearages for internet services provided to the rental unit and security deposits, consistent with U.S. Department of Treasury guidance. This guidance shall be posted on the STAY DC website.
(c) Should additional time be necessary to implement the changes in this section, the Mayor shall notify the Council. For each specific improvement required by this section, the notice to Council shall include the reason more time is needed, and an estimate of the additional time needed.
(d) No later than August 9, 2021, the Mayor shall provide information related to the STAY DC program, including eligibility, instructions for application, benefits of enrolling, and any programmatic deadlines, via e-mail or another form of communication, to all individuals who have received benefits during the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies, from the following programs:
(1) Unemployment insurance;
(2) Emergency rental assistance;
(3) Medicaid;
(4) Low Income Home Energy Assistance Program;
(5) Supplemental Nutrition Assistance Program;
(6) Temporary Assistance for Needy Families Program; and
(7) DC Healthcare Alliance.
(Oct. 27, 2021, D.C. Law 24-39, § 4, 68 DCR 009487.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter I - Findings; Purposes; Definitions › § 42–3501.01. Findings

§ 42–3501.01. Findings.
The Council of the District of Columbia finds that:
(1) There is a severe shortage of rental housing available to citizens of the District of Columbia (“District”).
(2) The shortage of housing is growing due to the withdrawal of housing units from the housing market, deterioration of existing housing units, and the lack of development of new or rehabilitation of vacant housing units.
(3) The shortage of housing is felt most acutely among low- and moderate-income renters, who are finding a shrinking pool of available dwellings.
(4) The cost of basic accommodation is so high as to cause undue hardship for many citizens of the District of Columbia.
(5) Many low- and moderate-income tenants need assistance to cover basic shelter costs, but the assistance should maximize individual choice.
(6) The Rent Stabilization Program (“Program”) has a more substantial impact upon small housing providers than on large housing providers, and small housing providers find it more difficult to use the administrative machinery of the Program.
(7) Many small housing providers are experiencing financial difficulties and are in need of some special mechanisms to assist them and their tenants.
(8) The present Rent Stabilization Program should not be continued indefinitely and new approaches must be investigated to prevent the withdrawal of rental housing units from the market and the deterioration of existing rental housing units, and to increase the rental housing supply.
(9) The housing crisis in the District has not substantially improved since the passage of the Rental Housing Act of 1980.
(10) The Rent Stabilization Program should be extended for 6 years.
(11) This extension of the Rent Stabilization Program is required to preserve the public peace, health, safety, and general welfare.
(July 17, 1985, D.C. Law 6-10, § 101, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2501.
Section References
This section is referenced in § 42-3401.03 and § 47-1303.04.
Cross References
Real property tax assignment, applicable tenant protection provisions, see § 47-1303.04.
Rental housing conversion and sale, see § 42-3401.01 et seq.
Expiration of Law
Section 907 of D.C. Law 6-10, as amended by § 2(d) of D.C. Law 8-48, § 818 of D.C. Law 11-52, § 1202(b) of D.C. Law 13-172, and § 2 of D.C. Law 16-10, codified as § 42-3509.07, provided that all subchapters of this chapter, except III and V, shall terminate on December 31, 2010.
Mayor's Orders
See Mayor’s Order 86-27, February 6, 1986, as amended by Mayor’s Order 86-166, September 19, 1986.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 6-10, see Mayor’s Order 85-167, October 2, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter I - Findings; Purposes; Definitions › § 42–3501.02. Purposes

§ 42–3501.02. Purposes.
In enacting this chapter, the Council of the District of Columbia supports the following statutory purposes:
(1) To protect low- and moderate-income tenants from the erosion of their income from increased housing costs;
(2) To provide incentives for the construction of new rental units and the rehabilitation of vacant rental units in the District;
(3) To continue to improve the administrative machinery for the resolution of disputes and controversies between housing providers and tenants;
(4) To protect the existing supply of rental housing from conversion to other uses; and
(5) To prevent the erosion of moderately priced rental housing while providing housing providers and developers with a reasonable rate of return on their investments.
(July 17, 1985, D.C. Law 6-10, § 102, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2502.
Expiration of Law
See Historical and Statutory Notes following § 42-3501.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.01a. Powers and duties of the Chairperson of the Rental Housing Commission

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.02a. Immunity for official acts

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.02b. Independence of the Rental Housing Commission; transfer provisions

§ 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)(1) Within 30 days after October 1, 2019, all positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Rental Housing Commission, while captured as a program code within the Department of Housing and Community Development, relating to the duties and functions assigned to the Rental Housing Commission pursuant to §§ 42-3502.01 through 42-3502.02a, shall be transferred to the Rental Housing Commission.
(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Department of Housing and Community Development relating to functions transferred to the Rental Housing Commission pursuant to the Rental Housing Commission Independence Clarification Amendment Act of 2018 [D.C. Law 22-200, February 22, 2019], shall remain in effect according to their terms until lawfully amended, repealed, or modified.
(c) The Mayor shall provide funding for the Rental Housing Commission in the annual budget request to the Council as a separate agency code.
(July 17, 1985, D.C. Law 6-10, § 202b; as added Feb. 22, 2019, D.C. Law 22-200, § 2(e), 65 DCR 12066.)
Applicability
Applicability of D.C. Law 22-200: Section 6(a) of D.C. Law 23-68 repealed § 4 of D.C. Law 22-200. Therefore the creation of subsections (b) and (c) of this section by D.C. Law 22-200 has been implemented.
Applicability of D.C. Law 22-200: Section 6(a) of D.C. Act 23-165 repealed, on an emergency basis, § 4 of D.C. Law 22-200. Therefore the creation of subsection (b) and (c) of this section by D.C. Law 22-200 has been implemented.
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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.03. Rental Accommodations Division of the Department of Housing and Community Development

§ 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.03a. Rent Administrator — Appointment and removal

§ 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.03b. Rent Administrator — Qualifications and compensation

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.03d. Housing provider online filing requirements

§ 42–3502.03d. Housing provider online filing requirements.
Upon completion of the publicly accessible rent control housing database created pursuant to § 42-3502.03c, a housing provider shall use the online housing provider portal developed pursuant to § 42-3502.03c(b)(1) to file all documents and data required to be filed pursuant to this subchapter and all regulations promulgated pursuant to this subchapter.
(July 17, 1985, D.C. Law 6-10, § 203b [redesignated]; as added Oct. 30, 2018, D.C. Law 22-168, § 2282(c), 65 DCR 9388; redesignated as § 203d, Sept. 11, 2019, D.C. Law 23-16, § 2132, 66 DCR 8621.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2132(e) 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) amendment of this section, see § 2132(e) 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 § 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) redesignation 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).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(e) of Rental Housing Registration Extension Temporary Amendment Act of 2019 (D.C. Law 23-2, Apr. 18, 2019, 66 DCR 2453).
For temporary (225 days) redesignation of this section, see § 2(d) of Rental Housing Registration Extension Temporary Amendment Act of 2019 (D.C. Law 23-2, Apr. 18, 2019, 66 DCR 2453).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.03e. Rental Housing Registration Fund

§ 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 [redesignated]; as added Oct. 30, 2018, D.C. Law 22-168, § 2282(c), 65 DCR 9388; redesignated as § 203e, Sept. 11, 2019, D.C. Law 23-16, § 2132(a), 66 DCR 8621; July 12, 2022, D.C. Law 24-147, §§ 137, 154(b)(1), 69 DCR 003386.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2132(a) 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) amendment of this section, see § 2132(a) 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) redesignation 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).
Temporary Legislation
For temporary (225 days) redesignation of this section, see § 2(a) of Rental Housing Registration Extension Temporary Amendment Act of 2019 (D.C. Law 23-2, Apr. 18, 2019, 66 DCR 2453).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.04a. Rental Conversion and Sale Division of the Department of Housing and Community Development Rental Conversion and Sale Administrator

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 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

§ 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) [now § 42-3502.03] 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.04c. Housing Regulation Administration; Housing Regulation Administrator

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.07. Adjustments in rent ceiling

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.11. Services and facilities

§ 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 days) amendment of this section, see § 3(u)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).
For temporary (90 days) amendment of this section, see § 405(3) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 405(a)(3) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 405(b)(3) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 405(b)(3) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 405(b)(3) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
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).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(u)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).
For temporary (225 days) amendment of this section, see § 405(3) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 405(b)(3) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.11a. Mandatory fees prohibited

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.14. Substantial rehabilitation

§ 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).