Section 14-3913. CONCILIATION OF DISPUTES AND THE CONCILIATION SERVICE

 

3913.1Either a housing provider or a tenant may initiate a request for conciliation of a dispute arising under the Act or this subtitle.

 

3913.2A request for conciliation of a dispute shall be filed on a form provided by the Rent Administrator.

 

3913.3A request for conciliation of a dispute shall be filed with the RACD Conciliation Service established by § 503 of the Act. The Conciliation Service shall do the following:

 

(a)Utilize a knowledge of the Act, this subtitle, and, if applicable, an Apartment Improvement Program building improvement plan, and other specific information about the circumstances of the dispute to assist the parties in arriving at a mutually acceptable explanation of the dispute and to assist the parties in developing a mutually acceptable settlement or resolution of the dispute;

 

(b)Advise both the housing provider and the tenant of their rights and obligations under the Act, this subtitle, and other applicable D.C. laws;

 

(c)Advise both the housing provider and the tenant of circumstances surrounding the dispute which constitute violations of the Act, this subtitle, and other D.C. laws; and

 

(d)Refer disputes relating to a building improvement plan that are not resolved by conciliation to a partnership committee of the Apartment Improvement Program.

 

3913.4Neither party to a dispute brought before the Conciliation Service shall be compelled to attend a session or participate in any proceeding of the Conciliation Service.

 

3913.5The results of an attempt to conciliate a dispute shall not be binding upon either party, except where an agreement is developed voluntarily as a result of the conciliation.

 

3913.6Voluntary agreements reached during conciliation shall not prevent the Rent Administrator from enforcing the provisions of the Act or this subtitle.

 

3913.7The proceedings of the Conciliation Service shall be informal, voluntary, and non-adversarial. No formal evidence shall be offered or accepted.

 

3913.8Admissions of responsibility by either party or other stipulations required as an essential condition for making an agreement shall not be admissible in any adjudicatory proceedings under the Act, this subtitle, or any other administrative or judicial proceedings under provisions of District of Columbia law.

 

3913.9Each tenant petition shall be reviewed by the Conciliation Service to determine if it involves issues that could be resolved through conciliation.

 

3913.10If issues that may be resolved through conciliation are presented in a tenant petition, the Conciliation Service shall discuss with the tenant the conciliation of the matters raised in the tenant petition. If the tenant agrees, the Conciliation Service shall contact the housing provider.

 

3913.11Immediately prior to the hearing in any tenant petition, the Rent Administrator or the Rent Administrator’s designee shall offer to assist the parties in resolving the dispute through conciliation. If conciliation fails, upon mutual consent of the parties, the housing provider and the tenant may submit any dispute for arbitration.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1358-59 (March 7, 1986).