reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.15. Voluntary agreement

§ 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.15a. Voluntary agreement moratorium

§ 42–3502.15a. Voluntary agreement moratorium.
*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) Notwithstanding the requirements of § 42-3502.15, tenants and housing providers shall not enter into a voluntary agreement pursuant to § 42-3502.15(a) for one year beginning on October 1, 2023.
(b) Subsection (a) of this section shall not affect any voluntary agreements that have already been approved by the Rent Administrator pursuant to § 42-3502.15(b) prior to October 1, 2021.
(July 17, 1985, D.C. Law 6-10, § 215a; as added Mar. 16, 2021, D.C. Law 23-246, § 2, 68 DCR 001232; Dec. 20, 2023, D.C. Law 25-94, § 2, 70 DCR 14450.)
Applicability
Section 7206 of D.C. Law 24-45 repealed the applicability provision of section 3 of D.C. Law 23-246 that impacted this section. Therefore the amendment of this section by Law 23-246 has been implemented.
Section 7206 of D.C. Act 24-159 repealed the applicability provision of section 3 of D.C. Law 23-246 that impacted this section. Therefore the amendment of this section by Law 23-246 has been implemented.
Applicability of D.C. Law 23-246: § 3 of D.C. Law 23-246 provided that the creation of this section by § 2 of D.C. Law 23-246 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 of Voluntary Agreement Moratorium Emergency Amendment Act of 2023 (D.C. Act 25-240, Oct. 11, 2023, 70 DCR 13802).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Voluntary Agreement Moratorium Temporary Amendment Act of 2023 (D.C. Law 25-94, Dec. 20, 2023, 70 DCR 14450).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.16a. Tenant representation by tenant organization

§ 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.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.17. Security deposit

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.18. Remedy

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.19. Judicial review

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.20. Report of Mayor

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.21a. Certificate of assurance moratorium

§ 42–3502.21a. Certificate of assurance moratorium.
*NOTE: This section was created by temporary legislation that will expire on January 25, 2024.*
Notwithstanding the requirements of § 42-3502.21, beginning on November 2, 2020, no owner of a housing accommodation shall request a certificate of assurance, and the Mayor shall not issue a certificate of assurance for any request received.
(July 17, 1985, D.C. Law 6-10, § 221a; as added June 14, 2023, D.C. Law 25-18, § 2, 70 DCR 6337.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 (D.C. Act 25-59, Mar. 24, 2023, 70 DCR 3816).
For temporary (90 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2022 (D.C. Act 24-418, May 23, 2022, 69 DCR 6223).
For temporary (90 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2021 (D.C. Act 24-130, July 29, 2021, 68 DCR 007674).
For temporary (90 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Emergency Amendment Act of 2020 (D.C. Act 23-454, Nov. 4, 2020, 67 DCR 13216).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Temporary Amendment Act of 2023 (D.C. Law 25-18, June 14, 2023, 70 DCR 6337).
For temporary (225 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Temporary Amendment Act of 2022 (D.C. Law 24-157, Aug. 27, 2022, 69 DCR 008371).
For temporary (225 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Extension Temporary Amendment Act of 2021 (D.C. Law 24-33, Sept. 22, 2021, 68 DCR 007987).
For temporary (225 days) creation of this section, see § 2 of Certificate of Assurance Moratorium Temporary Amendment Act of 2020 (D.C. Law 23-173, Dec. 23, 2020, 67 DCR 13228).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.22a. Forms to include definition of the term rent charged

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.23. Addition to Comprehensive Housing Strategy report

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter III - Tenant Assistance Program › § 42–3503.06. Continued eligibility

§ 42–3503.06. Continued eligibility.
Sixty days prior to the expiration of any tenant assistance authorized under this subchapter, the Department shall notify the tenant, in writing, that the tenant assistance is about to expire and that the tenant, if eligible and desiring to continue to receive tenant assistance, must reapply within 30 days upon receipt of the notice. The tenant shall reapply by executing under oath or affirmation a statement of continued eligibility on a form approved by the Department and by submitting the form to the Department. Unless the Department determines that the person is not eligible, tenant assistance shall continue for the succeeding 12 months.
(July 17, 1985, D.C. Law 6-10, § 306, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2536.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter III - Tenant Assistance Program › § 42–3503.07. Termination of eligibility

§ 42–3503.07. Termination of eligibility.
(a) If, at any time, a tenant receiving tenant assistance fails to satisfy the requirements of this subchapter relating to conditions of eligibility, the tenant shall immediately notify the Department, in writing, of the ineligibility. Tenant assistance shall terminate on the next day thereafter upon which the rent is due.
(b) If, at any time, the Department determines that a tenant receiving tenant assistance is not, or has ceased to be, eligible for tenant assistance, the Department shall notify the tenant and housing provider in writing, setting forth the reasons for the determination. Tenant assistance payments shall terminate on the next day the rent is due occurring at least 30 days after the date the notice is given, unless, within 15 days after the receipt of the notice, the tenant submits to the Department a written statement, under oath or affirmation, including any available supporting documents, asserting the tenant’s reasons for alleging continued eligibility. Within 30 days following the receipt of the statement and documents, the Department shall make the final determination of the tenant’s eligibility for continued receipt of tenant assistance.
(c)(1) Notwithstanding any other provision of this subchapter, after September 30, 1996, all tenants receiving tenancy assistance shall avail themselves of all opportunities to receive Section 8 or public housing assistance in lieu of tenant assistance.
(2) A tenant who fails to observe the mandates of paragraph (1) of this subsection shall be deemed ineligible for tenant assistance and assistance will be terminated pursuant to subsection (b) of this section.
(July 17, 1985, D.C. Law 6-10, § 307, 32 DCR 3089; Apr. 9, 1997, D.C. Law 11-198, § 403, 43 DCR 4569.)
Prior Codifications
1981 Ed., § 45-2537.
Emergency Legislation
For temporary amendment of section, see § 403 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 403 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 403 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
Temporary Legislation
For temporary (225 day) amendment of section, see § 403 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter III - Tenant Assistance Program › § 42–3503.08. Tax exemption

§ 42–3503.08. Tax exemption.
All monies received by any tenant through the Tenant Assistance Program under this subchapter are exempt from District income taxes payable under Chapter 18 of Title 47.
(July 17, 1985, D.C. Law 6-10, § 308, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2538.
Cross References
Gross income and adjusted gross income, see § 47-1803.02.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter IV - Revenue › § 42–3504.02. Rental Unit Fee Fund

§ 42–3504.02. Rental Unit Fee Fund.
(a) There is established as a special fund the Rental Unit Fee Fund ("Fund"), which shall be administered by the Office of the Tenant Advocate in accordance with subsection (c) of this section.
(b) The source of revenue for the Fund shall be the fee charged to a housing provider pursuant to § 42-3504.01(a), excluding $21.50 of that fee, which shall be deposited in the fund established pursuant to § 42-3131.01(b).
(c) Money in the Fund shall be used solely to support the activities of the Office of the Tenant Advocate.
(d) 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.
(July 17, 1985, D.C. Law 6-10, § 401a; as added Dec. 13, 2017, D.C. Law 22-33, § 2212(c), 64 DCR 7652.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 2212|(c) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 2212|(c) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V - Evictions; Retaliatory Action; and Other Matters › § 42–3505.02. Retaliatory action

§ 42–3505.02. Retaliatory action.
(a) No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit, action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass, reduce the quality or quantity of service, any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause, or any other form of threat or coercion.
(b) In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant:
(1) Has made a witnessed oral or written request to the housing provider to make repairs which are necessary to bring the housing accommodation or the rental unit into compliance with the housing regulations;
(2) Contacted appropriate officials of the District government, either orally in the presence of a witness or in writing, concerning existing violations of the housing regulations in the rental unit the tenant occupies or pertaining to the housing accommodation in which the rental unit is located, or reported to the officials suspected violations which, if confirmed, would render the rental unit or housing accommodation in noncompliance with the housing regulations;
(3) Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations;
(4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization;
(5) Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or
(6) Brought legal action against the housing provider.
(July 17, 1985, D.C. Law 6-10, § 502, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2552.
Section References
This section is referenced in § 42-3402.10 and § 42-3502.05.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V - Evictions; Retaliatory Action; and Other Matters › § 42–3505.03. Conciliation and arbitration service

§ 42–3505.03. Conciliation and arbitration service.
(a) There is established a conciliation and arbitration service (“service”) within the Division.
(b) The service shall provide a voluntary, nonadversarial forum for the resolution of disputes arising between housing providers and tenants in the District.
(c) The staff of the service shall be designated by the Rent Administrator and shall be persons familiar with the problems of the law relating to housing-provider and tenant relations and with knowledge of conciliation and arbitration practices.
(d) Either a housing provider or a tenant may initiate a proceeding before the service.
(e) No person shall be compelled to attend a session of the service or participate in any proceeding before its staff. The results of any proceeding shall not be binding upon any party, except (1) to the extent provided in § 42-3505.04, or (2) with respect to a conciliation agreement, to the extent that a party to the proceeding agrees to be bound by the conciliation agreement. No evidence pertaining to a conciliation or arbitration proceeding shall be admissible in any judicial proceeding under other provisions of law relating to housing-provider and tenant disputes.
(July 17, 1985, D.C. Law 6-10, § 503, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2553.
Section References
This section is referenced in § 42-3505.04.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V - Evictions; Retaliatory Action; and Other Matters › § 42–3505.04. Arbitration

§ 42–3505.04. Arbitration.
(a) By mutual consent, the housing provider and tenant may submit for arbitration any dispute not satisfactorily resolved under § 42-3505.03.
(b) A request for arbitration shall be in writing.
(c) The Rent Administrator shall designate 3 members of the Division’s staff, other than those who heard the dispute under § 42-3505.03, to serve as a panel of arbitrators.
(d) The arbitration panel shall issue a written recommendation to resolve the dispute within 10 days of the request.
(e) Agreements entered into between the housing provider and tenant under the panel’s recommendation shall be approved by the Rent Administrator and shall be binding upon the parties.
(July 17, 1985, D.C. Law 6-10, § 504, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2554.
Section References
This section is referenced in § 42-3505.03.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V - Evictions; Retaliatory Action; and Other Matters › § 42–3505.05. Prohibition of discrimination against elderly tenants or families with children

§ 42–3505.05. Prohibition of discrimination against elderly tenants or families with children.
(a) It is unlawful for a housing provider to discriminate against families receiving or eligible to receive Tenant Assistance Program assistance, elderly tenants, or families with children when renting housing accommodations.
(b) Any protections provided by subsection (a) of this section and any penalties provided in § 42-3509.01 shall be in addition to any other provision of law.
(c) Allegations of violations of this section that are made by families receiving or eligible to receive Tenant Assistance Program assistance, by elderly tenants, or by families with children shall be promptly investigated and handled by the Department of Buildings, which shall provide the complaining party with a written report upon the conclusion of the investigation.
(July 17, 1985, D.C. Law 6-10, § 505, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 4, 34 DCR 5304; Apr. 5, 2021, D.C. Law 23-269, § 501(y)(7), 68 DCR 001490.)
Prior Codifications
1981 Ed., § 45-2555.
Cross References
Discriminatory practices in real estate transactions, see § 2-1403.05
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V - Evictions; Retaliatory Action; and Other Matters › § 42–3505.08. Victims of an intrafamily offense protection — Change locks and notice

§ 42–3505.08. Victims of an intrafamily offense protection — Change locks and notice.
(a) Upon the written request of a tenant who is the victim of an intrafamily offense, as defined in § 16-1001(8), a housing provider shall change the locks to all entrance doors to that tenant’s unit within 5 business days; provided, that if the perpetrator of the intrafamily offense is a tenant in the same dwelling unit as the tenant who makes the request, the tenant who makes the request shall provide the landlord with a copy of a protective order issued pursuant to § 16-1005 ordering the perpetrator to stay away from, or avoid, the tenant who makes the request, any other household member, or the dwelling unit. If the perpetrator of the intrafamily offense is not, or is no longer, a tenant in the same dwelling unit as the tenant who makes the request, no documentation of the intrafamily offense shall be required.
(b) The housing provider shall pay the cost of changing the locks. No later than 45 days after the housing provider provides the tenant who makes the request with documentation of the cost of changing the locks, the tenant shall reimburse the housing provider for such cost and any associated fee; provided, that the fee shall not exceed the fee imposed on any other tenant for changing the locks under any other circumstances.
(c) Upon receipt of a copy of the court order pursuant to subsection (a) of this section, unless the court orders that the perpetrator be allowed to return to the unit for some purpose, the housing provider shall not provide the perpetrator with keys to the unit or otherwise permit the perpetrator access to the unit or to property within the unit.
(d) The housing provider shall not be liable to the perpetrator for any civil damages as a result of actions the housing provider takes to comply with this section.
(e) This section shall not be construed to relieve the perpetrator of any obligation under a lease agreement or any other liability to the housing provider.
(July 17, 1985, D.C. Law 6-10, § 508; as added Mar. 14, 2007, D.C. Law 16-273, § 2(c), 54 DCR 859; Mar. 25, 2009, D.C. Law 17-368, § 4(h)(3), 56 DCR 1338.)
Effect of Amendments
D.C. Law 17-368, in subsec. (a), substituted “§ 16-1001(8)” for “§ 16-1001(5)”.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V-B - Other Housing Provider Actions During Tenancies › § 42–3505.51. Access by housing provider to dwelling unit

§ 42–3505.51. Access by housing provider to dwelling unit.
(a) For the purposes of this section, the term:
(1) "Reasonable notice" means written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter the unit or a shorter period of time as agreed to by the tenant in writing. Written notice may include electronic communication, including email and mobile text messaging; provided, that if the tenant fails to furnish a written acknowledgement, the housing provider will provide a paper notice.
(2) "Reasonable purpose" means a purpose that is directly related to the housing provider's:
(A) Duty to keep the entire property safe from damage;
(B) Duty to inspect the premises;
(C) Duty to make necessary or agreed repairs, decorations, alterations, renovations, or improvements;
(D) Duty to supply necessary or agreed services and maintenance;
(E) Need to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; or
(F) Need to gain entry for work ordered by a governmental entity.
(3) "Reasonable time" means a time between the hours of 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, or at another time agreed upon by the tenant.
(b)(1) Except in the event of an emergency for the protection or preservation of the premises, or for the protection and safety of the tenants or other persons, a housing provider may enter a rental unit during a tenancy only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice.
(2) Upon a showing by the tenant that the housing provider has entered a unit in violation of this section, or has repeatedly made unreasonable demands for entry, any court of competent jurisdiction may enjoin the housing provider from that behavior and may assess appropriate damages against the housing provider for breach of the tenant's right to quiet enjoyment of the premises.
(3) Upon the allegation of a housing code violation by a tenant, a tenant may not unreasonably prevent the housing provider from accessing the unit for assessment and abatement of the alleged violation and must provide access to the unit within 48 hours of the written request by the housing provider for access.
(July 17, 1985, D.C. Law 6-10, § 531; as added Feb. 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V-B - Other Housing Provider Actions During Tenancies › § 42–3505.52. Housing provider duty to mitigate damages after breach of the rental agreement by tenant

§ 42–3505.52. Housing provider duty to mitigate damages after breach of the rental agreement by tenant.
If a tenant refuses to take possession of a rental unit in bad faith, or vacates a rental unit before the end of a lease term, any actual damages the housing provider may be entitled to shall be subject to the duty of the housing provider to mitigate actual damages for breach of the rental agreement.
(July 17, 1985, D.C. Law 6-10, § 532; as added Feb. 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter V-B - Other Housing Provider Actions During Tenancies › § 42–3505.53. Notice of tenant's intent to vacate upon the expiration of an initial lease term

§ 42–3505.53. Notice of tenant's intent to vacate upon the expiration of an initial lease term.
Any provision that requires a tenant to provide more than a 30-day notice to the housing provider of the tenant's intention to vacate the premises upon the expiration of an initial lease term shall be void and unenforceable, unless the lease explicitly states that the provision expires upon the expiration of the initial lease term, and that, unless the tenant agrees to sign a renewal lease of other than month-to-month, the tenant thereafter has the right to vacate the premises upon a 30-day notice for so long as the tenant remains a tenant from month-to-month.
(July 17, 1985, D.C. Law 6-10, § 533; as added Feb. 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 405(5) 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)(5) 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)(5) 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)(5) 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)(5) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 405(5) 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)(5) 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 V-B - Other Housing Provider Actions During Tenancies › § 42–3505.54. Notice of tenant's intent to vacate after the expiration of the signed lease term, renewal or extension term

§ 42–3505.54. Notice of tenant's intent to vacate after the expiration of the signed lease term, renewal or extension term.
(a) A residential tenancy from month-to-month may be terminated by a 30-day notice in writing only from the tenant to the housing provider of the tenant's intention to quit. The notice shall expire on the first day of the first month at least 30 days after the date of the notice.
(b) A housing provider shall not place or cause to be placed in a residential lease or rental agreement a requirement that the tenant provide more than a 30-day notice to the housing provider of the tenant's intention to vacate the premises, unless the lease or agreement also requires the housing provider to provide the tenant with a written notice of any rent increase that is at least 30 days more than that time period.
(July 17, 1985, D.C. Law 6-10, § 534; as added Feb. 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302; Nov. 28, 2023, D.C. Law 25-65, § 2(e), 70 DCR 13822.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 405(6) 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)(6) 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)(6) 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)(6) 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)(6) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 405(6) 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)(6) 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 V-B - Other Housing Provider Actions During Tenancies › § 42–3505.55. Housing provider's consent before subletting

§ 42–3505.55. Housing provider's consent before subletting.
A housing provider may, in its sole and absolute discretion, prohibit subletting of the premise or assigning a lease, either in part or in full; provided, that the prohibition is included in the lease. Where the lease provision allows subletting subject to the housing provider's reasonable consent or where the lease is silent regarding subletting, the housing provider may condition its consent on the prospective subtenant meeting all of the housing provider's reasonable rental qualification guidelines; provided, that the housing provider furnishes the guidelines to the tenant upon request.
(July 17, 1985, D.C. Law 6-10, § 535; as added Feb. 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter VI - Conversion or Demolition of Rental Housing for Hotels, Motels, or Inns › § 42–3506.01. Conversion

§ 42–3506.01. Conversion.
Notwithstanding any other provision of law, no person shall convert and the Mayor shall not permit the conversion of any housing accommodation or rental unit into a hotel, motel, inn, or other transient residential occupancy unit or accommodation.
(July 17, 1985, D.C. Law 6-10, § 601, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2561.
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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter VI - Conversion or Demolition of Rental Housing for Hotels, Motels, or Inns › § 42–3506.02. Demolition

§ 42–3506.02. Demolition.
(a) Notwithstanding any other provision of law, no person shall demolish and the Mayor shall not permit the demolition of any housing accommodation or rental unit for the purpose of constructing or expanding a hotel, motel, inn, or other transient residential accommodation.
(b) No person shall construct or expand and the Mayor shall not permit the construction or expansion of a hotel, motel, inn, or other transient residential occupancy on the site of a housing accommodation or rental unit demolished after July 17, 1985.
(July 17, 1985, D.C. Law 6-10, § 602, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2562.
Cross References
Housing Finance Agency, exempt housing projects, displaced tenants, establishment of procedures for relocation assistance, see § 42-2703.08.
Rental housing, tenant evictions, notice to vacate, relocation assistance, see § 42-3505.01.
Expiration of Law
See Historical and Statutory Notes following § 42-3506.01.
Short Title
Short title: See Historical and Statutory Notes following § 42-3501.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter VII - Relocation Assistance for Tenants Displaced by Substantial Rehabilitation, Demolition, or Housing Discontinuance › § 42–3507.01. Notice of right to assistance

§ 42–3507.01. Notice of right to assistance.
No housing provider shall substantially rehabilitate, demolish, or discontinue any housing accommodation unless there has first been served upon each tenant residing in the housing accommodation a written notice of intent to rehabilitate, demolish, or discontinue the housing accommodation in accordance with § 42-3505.01(f), (g), (h), or (i), as appropriate. The notice shall advise the tenants of their right to relocation assistance under this chapter or any other District law, and the procedures for applying for the assistance. The Rental Housing Commission shall prescribe the content of the notice. No tenant may be evicted from a housing accommodation which the housing provider intends to substantially rehabilitate, demolish, or discontinue housing use, or which the housing provider intends to sell to another person who, to the housing provider’s knowledge, intends to substantially rehabilitate, demolish, or discontinue housing use, unless the requirements of this section have been met. Nothing contained in this section shall be construed to limit a housing provider’s right to evict a tenant for nonpayment of rent or violation of an obligation of the tenancy, if the action to evict is in compliance with § 42-3505.01.
(July 17, 1985, D.C. Law 6-10, § 701, 32 DCR 3089; June 22, 2006, D.C. Law 16-140, § 2(b), 53 DCR 3686.)
Prior Codifications
1981 Ed., § 45-2571.
Section References
This section is referenced in § 8-231.03.
Effect of Amendments
D.C. Law 16-140 substituted “in accordance with section § 42-3505.01(f), (g), (h), or (i)” for “in accordance with § 42-3505.01(g), (h), or (i)”.
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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter VII - Relocation Assistance for Tenants Displaced by Substantial Rehabilitation, Demolition, or Housing Discontinuance › § 42–3507.02. Eligibility assistance

§ 42–3507.02. Eligibility assistance.
Each housing provider commencing substantial rehabilitation, demolition, or housing discontinuance, on or after July 17, 1985, shall pay relocation assistance in an amount calculated under § 42-3507.03 to all tenants of the housing accommodation who:
(1) Were living in the rental units contained in the housing accommodation from which they are being displaced at the time the notice required by § 42-3505.01 is given; and
(2) Are displaced from rental units because the housing accommodation in which they are located is to be substantially rehabilitated, demolished, or discontinued.
(July 17, 1985, D.C. Law 6-10, § 702, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2572.
Expiration of Law
See Historical and Statutory Notes following § 42-3507.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter VII - Relocation Assistance for Tenants Displaced by Substantial Rehabilitation, Demolition, or Housing Discontinuance › § 42–3507.04. Relocation advisory services

§ 42–3507.04. Relocation advisory services.
Whenever a building in the District is converted from rental to condominium units, substantially rehabilitated or demolished, or discontinued from housing use, the Relocation Assistance Office of the Department of Housing and Community Development shall provide relocation advisory services for tenants who move from the building. These services shall include:
(1) Ascertaining the relocation needs for each household;
(2) Providing current information on the availability of equivalent substitute housing;
(3) Supplying information concerning federal and District housing programs; and
(4) Providing other advisory services to displaced persons in order to minimize hardships in adjusting to relocation.
(July 17, 1985, D.C. Law 6-10, § 704, 32 DCR 3089.)
Prior Codifications
1981 Ed., § 45-2574.
Expiration of Law
See Historical and Statutory Notes following § 45-2571.