2023 District of Columbia Code › Title 42 - Real Property › Chapter 35 - Rental Housing Generally › Subchapter II - Rent Stabilization Program › § 42–3502.01. Continuation of Rental Housing Commission; composition; appointment; qualifications; compensation; removal

§ 42–3502.01. Continuation of Rental Housing Commission; composition; appointment; qualifications; compensation; removal.
(a) The Rental Housing Commission is established as an independent agency within the executive branch of the District government.
(a-1)(1) The Rental Housing Commission shall be composed of 2 regular members and a Chairperson, all of whom shall be appointed by the Mayor with the advice and consent of the Council in accordance with § 1-523.01(e); provided, that the Mayor may designate a member appointed before February 22, 2019, to serve as Chairperson until the Mayor appoints a Chairperson with the advice and consent of the Council.
(2) The first members appointed after July 1, 2010, shall serve the following terms:
(A) One member's term shall expire July 18, 2012.
(B) One member's term shall expire July 18, 2013.
(C) One member's term shall expire July 18, 2014.
(3) Upon the expiration of members' terms pursuant to paragraph (2) of this subsection, members shall serve 3-year terms; provided, that all terms have the same anniversary date.
(b) Each nominee to the Rental Housing Commission shall possess the following qualifications and, if appointed, maintain such qualifications for the duration of the member's term; provided, that paragraphs (5) and (6) of this subsection may not be used to disqualify any member appointed beforeFebruary 22, 2019:
(1) Be admitted to practice law before the District of Columbia Court of Appeals;
(2) Be a resident of the District within 180 days of taking office;
(3) Be neither a housing provider nor a tenant;
(4) Possess skills and experience relevant to the following:
(A) Litigation, preferably including both appellate practice demonstrated by written work product and exposure to the concerns of
pro se
litigants;
(B) Administrative law, preferably in an area of complex regulation; or
(C) Housing law, preferably in the area of rental housing and rent control or rent stabilization;
(5) Have at least 5 years of experience in the practice of law; and
(6) Possess judicial temperament and other expertise, experience, and skills necessary and desirable for a member of the Rental Housing Commission.
(b-1) Repealed.
(b-2) Each member of the Rental Housing Commission shall:
(1) Take an oath of office, as required by law, before the commencement of duties;
(2) Be accountable and responsible for the fair, impartial, effective, and efficient disposition of cases before the Rental Housing Commission;
(3) Refrain from conduct inconsistent with the duties and responsibilities of a member of the Rental Housing Commission;
(4) Devote full-time to the duties of the Rental Housing Commission;
(5) Not perform any duty, including engaging in the practice of law, that is inconsistent with the duties and responsibilities of a member of the Rental Housing Commission;
(6) Not be responsible to, or subject to the supervision or direction of, an officer, employee, attorney, or agent engaged in the performance of investigative, prosecutorial, or advisory functions for another District agency; and
(7) Conform to all legally applicable standards of conduct.
(c) Members of the Rental Housing Commission shall be appointed as administrative judges in the Excepted Service.
(d) Any person appointed to fill a vacancy on the Rental Housing Commission shall be appointed only for the unexpired term of the member whose vacancy is being filled.
(e)(1) The Mayor may remove a member of the Rental Housing Commission only for good cause.
(2) The Mayor shall provide the Council with written justification of the removal by the effective date of the removal.
(July 17, 1985, D.C. Law 6-10, § 201, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 2(a), 34 DCR 5304; Oct. 7, 1987, D.C. Law 7-31, § 4, 34 DCR 3789; Apr. 20, 1999, D.C. Law 12-248, § 2, 46 DCR 1113; Mar. 12, 2011, D.C. Law 18-327, § 2(a), 58 DCR 14; Feb. 22, 2019, D.C. Law 22-200, § 2(b), 65 DCR 12066.)
Prior Codifications
1981 Ed., § 45-2511.
Section References
This section is referenced in § 42-3404.33.
Effect of Amendments
D.C. Law 18-327 rewrote subsec. (a); and added subsec. (b-1). Prior to amendment, subsec. (a) read as follows: “(a) The Rental Housing Commission established by § 42-4012 is continued and shall be composed of 3 members appointed by the Mayor with the advice and consent of the Council. The members’ terms shall not exceed 3 years. Members may be appointed for successive terms. The terms of members of the Rental Housing Commission appointed under the Rental Housing Act of 1980 shall expire upon the confirmation of at least 2 new members appointed pursuant to this section but no later than 90 days after July 17, 1985, and the Mayor shall appoint the new members within 30 days of July 17, 1985. The Mayor shall designate 1 member of the Rental Housing Commission as the chairperson and administrative head. The date of swearing in for a majority of the members of the Rental Housing Commission appointed pursuant to this section shall become the anniversary date for all subsequent appointments.”
Cross References
Mayoral nomination of Rental Housing Commission, review and approval of Council, see § 1-523.01.
Merit system classification policy and grade levels, see § 1-611.01.
Expiration of Law
Section 907 of D.C. Law 6-10, as amended by § 2(d) of D.C. Law 8-48 and § 818 of D.C. Law 11-52, provided that all subchapters of the act, except III and V shall terminate on December 31, 2000.
Applicability
Applicability of D.C. Law 22-200: Section 6(a) of D.C. Law 23-68 repealed § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have 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 changes made to this section by D.C. Law 22-200 have been implemented.
Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to subsection (a) of this section by § 2(b)(1) of D.C. Law 22-200 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
References in Text
Section 42-4012, referred to in the first sentence of subsection (a), expired pursuant to § 907 of D.C. Law 3-131 on April 30, 1985. See Chapter 40 of this title.
Editor's Notes
For temporary amendment to the termination provision of D.C. Law 6-10, see § 818 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).