Section 14-4205. RENT INCREASES AND DECREASES

 

4205.1If the rent for a rental unit on or after the effective date of the Act exceeds the authorized rent ceiling for the rental unit, the housing provider shall promptly implement a rent reduction to an amount equal to, or less than, the authorized rent ceiling.

 

4205.2If the rent for a rental unit on or after the effective date of the Act is less than the authorized rent ceiling for the rental unit, the housing provider, unless otherwise prohibited by the Act, may implement a rent increase to an amount equal to, or less than, the authorized rent ceiling.

 

4205.3A housing provider may charge as rent for a rental unit an amount less than the authorized rent ceiling without waiving or forfeiting the right to later implement a rent increase in compliance with § 4205.5 to an amount equal to, or less than, the authorized rent ceiling; provided, that the housing provider has first taken and perfected all prior rent ceiling adjustments which establish the rent ceiling in accordance with §§ 4204.9 and 4204.10.

 

4205.4A housing provider shall implement a rent adjustment by taking the following actions, and no rent adjustment shall be deemed properly implemented unless the following actions have been taken:

 

(a)The housing provider shall provide the tenant of the rental unit not less than thirty (30) days written notice, pursuant to § 904 of the Act, in which the following items shall be included:

 

(1)The amount of the rent adjustment;

 

(2)The amount of the adjusted rent;

 

(3)The date upon which the adjusted rent shall be due; and

 

(4)The date and authorization for the rent ceiling adjustment taken and perfected pursuant to § 4204.9;

 

(b)The housing provider shall certify to the tenant, with the notice of rent adjustment, that the rental unit and the common elements of the housing accommodations are in substantial compliance with the housing regulations or, if not in substantial compliance, that any noncompliance is the result of tenant neglect or misconduct;

 

(c)The housing provider shall advise the tenant with the notice of rent adjustment by petition filed with the Rent Administrator; and

 

(d)The housing provider shall simultaneously file with the Rent Administrator a sample copy of the notice of rent adjustment along with an affidavit containing the names, unit numbers, date and type of service provided, certifying that the notice was served on all affected tenants in the housing accommodation.

 

4205.5Notwithstanding § 4205.4, a housing provider shall not implement a rent adjustment for a rental unit unless all of the following conditions are met:

 

(a)The rental unit and the common elements of the housing accommodation are in substantial compliance with the D.C. housing regulations, or any substantial noncompliance is the result of tenant neglect or misconduct;

 

(b)The housing provider has met the registration requirements of § 4102 with respect to the rental unit; and

 

(c)At least one hundred eighty (180) days shall have elapsed since the date of implementation of any prior rent increase.

 

4205.6The rent that a housing provider may charge for a unit may be decreased by order of the Rent Administrator without at the same time reducing the rent ceiling, upon adjudication of a petition filed by one (1) or more tenants under § 216 of the Act for any of the following reasons:

 

(a)To seek relief from, or compensation for, any unlawful rent increase; or

 

(b)To seek relief from, or compensation for, the existence of prolonged housing code violations.

 

4205.7Unless otherwise ordered by the Rent Administrator, each adjustment in rent charged may not exceed the amount of one (1) rent ceiling increase perfected but not implemented by the housing provider.

 

4205.8If the difference between the rent ceiling and the rent charged for the rental unit consists of all or a portion of one (1) previously unimplemented rent ceiling adjustment, the housing provider may elect to implement all or a portion of the difference.

 

4205.9Nothing in the Act or this chapter shall be construed to prevent a housing provider, at the housing provider’s election, from delaying for any period of time the implementation of any rent ceiling adjustment or from implementing less than the full amount of any rent ceiling adjustment.

 

4205.10Any rent ceiling adjustment, or portion thereof, which remains unimplemented shall not expire and shall not be deemed forfeited or otherwise diminished.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1388-89 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2665 (May 2, 1986); Notice of Final Rulemaking published at 35 DCR 2941 (April 22, 1988); and Notice of Final Rulemaking published at 45 DCR 684, 688 (February 6, 1998).