Section 14-4106. CLAIMS FOR RECOGNITION OF EXEMPTION FROM RENT STABILIZATION PROGRAM

 

4106.1Each housing provider who claims a rental unit is exempt from the Rent Stabilization Program of the Act shall file a Registration/Claim of Exemption form with the Rent Administrator.

 

4106.2Each claim of exemption shall contain a properly executed oath or affirmation by the housing provider that the claim is valid.

 

4106.3A claim of exemption containing a properly executed oath or affirmation of the housing provider shall be deemed approved upon filing with the Rent Administrator.

 

4106.4The Rent Administrator may initiate a review of a claim of exemption at any time; and a review may be initiated upon motion of a party to a petition.

 

4106.5The Rent Administrator may request supporting documentation to substantiate a claim of exemption.

 

4106.6Failure to file or failure to provide accurate information in accordance with the Act and this subtitle, may result in the denial of the claim of exemption and/or the imposition of other penalties and sanctions.

 

4106.7Claims of exemption found to contain defects may be corrected by the housing provider in accordance with § 4104.

 

4106.8Prior to the execution of a lease or other rental agreement, a prospective tenant of any unit exempted under § 205(a) of the Act shall receive from the housing provider a written notice advising the prospective tenant that rent increases for the housing accommodation are not regulated by the rent stabilization program.

 

4106.9The Rent Administrator shall approve a claim of exemption under § 205(a)(1) of the Act, where a housing accommodation or rental unit is owned by the federal or District of Columbia government.

 

4106.10The Rent Administrator shall approve a claim of exemption under § 205(a)(1) of the Act, where a housing accommodation or rental unit is enrolled in a formal program of the federal or District of Columbia government under which the operating expenses or mortgage are subsidized and the rents charged the tenant(s) are determined and regulated by formula.

 

4106.11The Rent Administrator shall approve a claim of exemption under § 205(a)(2) of the Act, where the rental unit for which exemption is claimed meets the following requirements:

 

(a)Is in a housing accommodation for which the building permit was issued after December 31, 1975;

 

(b)Is in an addition to a housing accommodation converted from non-residential space, and was covered by a Certificate of Occupancy for housing use issued after January 1, 1980; and as to subsections (a) and (b) of this section; or

 

(c)The claim for exemption is accompanied by a certification that where the construction of the housing accommodation required the demolition of an existing housing accommodation subject to this Act, the number of newly constructed rental units exceeds the number of demolished rental units.

 

4106.12The Rent Administrator shall approve a claim of exemption under § 205(a)(3) of the Act, if it meets the following requirements:

 

(a)Where the rental unit for which exemption is claimed is owned by an individual who has an interest with no more than three (3) other natural persons in four (4) or fewer rental units;

 

(b)Where the exemption includes an affirmation that the claim is valid;

 

(c)Where the exemption includes the name and address of each person having a direct or indirect interest in the rental unit; and

 

(d)Where the exemption includes the addresses of all other housing accommodations or rental units located in the District of Columbia in which the owners, individually or collectively, have a direct or indirect interest, and the number of rental units in each housing accommodation.

 

4106.13The Rent Administrator shall disapprove a claim of exemption under § 205(a)(3) of the Act, where the rental unit for which exemption is claimed is one of the following:

 

(a)If it is owned in whole or in part by a partnership or corporation, except as authorized by § 4107 of this subtitle or § 205 (a)(3)(d) of the Act;

 

(b)If it is owned by five (5) or more individuals; or

 

(c)If it is owned in whole or in part by any individual who has an ownership interest, direct or indirect, in five (5) or more rental units, whether in the same structure or in different structures.

 

4106.14A housing accommodation shall be exempt under § 205(a)(4) of the Act, where it meets the following requirements:

 

(a)The housing accommodation was continuously vacant and not subject to a rental agreement for the period beginning on January 1, 1985, and continuing at least until the effective date of the Act; and

 

(b)Upon re-rental, the housing provider certifies to the Rent Administrator that the housing accommodation fulfills the conditions set forth in subsection (a) and is in substantial compliance with the housing regulations when offered for rent.

 

4106.15The Rent Administrator shall approve a claim of exemption under § 205(a)(7) of the Act, where the rental unit for which exemption is claimed is one of the following:

 

(a)Is part of a housing accommodation regulated by a Building Improvement Plan executed under the District of Columbia Apartment Improvement Program, Inc.; or

 

(b)Is part of a housing accommodation regulated by and receiving assistance under any multi-family assistance program of the D.C. Department of Housing and Community Development.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1380 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2556, 2662 (May 2, 1986).