Section 14-3802. INITIATION OF APPEALS

 

3802.1Any party aggrieved by a final decision of the Rent Administrator may obtain review of that decision by filing a notice of appeal with the Commission.

 

3802.2A notice of appeal shall be filed by the aggrieved party within ten (10) days after a final decision of the Rent Administrator is issued; and, if the decision is served on the parties by mail, an additional three (3) days shall be allowed.

 

3802.3The filing of a notice of appeal removes jurisdiction over the matter from the Rent Administrator; provided, that if both a timely motion for reconsideration and a timely notice of appeal are filed with respect to the same decision, the Rent Administrator shall retain jurisdiction over the matter solely for the purpose of deciding the motion for reconsideration, and the Commission’s jurisdiction with respect to the notice of appeal shall take effect at the end of the ten (10) day period provided by § 4013.

 

3802.4The notice of appeal shall be served on opposing parties prior to or at the same time it is filed with the Commission and shall contain proof of service as required by § 3803.7.

 

3802.5The notice of appeal shall contain the following:

 

(a)The name and address of the appellant and the status of the appellant (e.g., housing provider, tenant or intervenor);

 

(b)The Rental Accommodations and Conversion Division (RACD) case number, the date of the Rent Administrator’s decision appealed from, and a clear and concise statement of the alleged error(s) in the decision of the Rent Administrator;

 

(c)The signature of the appellant or the appellant’s attorney, or other person authorized to represent the appellant; and

 

(d)The signatory’s address and telephone number.

 

3802.6Any party upon whom a notice of appeal has been served may file an answer with the Commission within ten (10) days of service and shall serve a copy on the other parties.

 

3802.7Parties may file briefs in support of their position within five (5) days of receipt of notification that the record in the matter has been certified.

 

3802.8Parties may file responsive briefs within ten (10) days of service of the pleading to which the response is being filed.

 

3802.9There shall be no reply to a responsive brief and the Commission shall not accept the brief if submitted.

 

3802.10Any party appealing a decision of the Rent Administrator which orders the payment of money may stay the enforcement of such decision by establishing an escrow account or purchasing a supersedeas bond which complies with the requirements of § 3806 within five (5) days of filing the notice of appeal.

 

3802.11The payment of money described in § 3802.10 shall include the award of rent increases to a housing provider. Establishment of an escrow account or the purchase of a supersedeas bond pursuant to § 3802.10 shall be based on at least six (6) months of the rent increase per party appealing; provided, that the escrow account may be paid in monthly deposits during the pendency of the appeal and the appellee shall be notified of the deposits.

 

3802.12Upon a proper showing, the Commission may waive the requirements, in whole or in part, of §§ 3802.10 and 3802.11.

 

3802.13The Commission may dismiss the appeal for failure to comply with the requirements of § 3802.5.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1337-39 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656 (May 2, 1986).