Section 14-4207. VACANCY RENT CEILING ADJUSTMENTS

 

4207.1A vacancy rent ceiling adjustment, authorized by § 213(a) of the Act, is an increase in the rent ceiling for a previously registered rental unit that may be taken and perfected by a housing provider for a rental unit that became vacant under the conditions set forth in § 213(a) of the Act, but subject to the limitation of § 4207.3.

 

4207.2The amount of a rent ceiling increase that a housing provider may take and perfect under § 213(a) of the Act shall be one of the following:

 

(a)Twelve percent (12%) of the previously authorized rent ceiling for the unit; provided, that no other twelve percent (12%) vacancy rent ceiling adjustment has been taken and perfected for the rental unit under this subchapter within the immediately preceding twelve (12) month period; or

 

(b)The amount required to increase the rent ceiling for the rental unit to equal the rent ceiling of a previously registered, substantially identical rental unit in the same housing accommodation as specified in § 4207.4.

 

4207.3Notwithstanding § 4207.1, a housing provider shall not take and perfect a rent ceiling adjustment authorized by § 213(a) of the Act (a vacancy adjustment) within the twelve (12) month period following the date of perfection of any rent ceiling adjustment for the rental unit under § 212 of the Act.

 

4207.4For the purposes of § 4207.2(b), a “substantially identical rental unit” is a rental unit that meets the following requirements:

 

(a)Is subject to the Rent Stabilization Program of the Act (is not exempt under § 205(a) or excluded under § 205(e));

 

(b)Has essentially the same floor plan, square footage, comparable amenities and equipment, comparable location with respect to exposure and height (if exposure and height have previously determined rent), and is in comparable physical condition as the rental unit whose rent ceiling is being adjusted; and

 

(c)Is located in the same building or in a similar building within the same housing accommodation or multi-building housing complex.

 

4207.5A housing provider who so elects shall take and perfect a vacancy rent ceiling adjustment in the manner set forth in § 4204.10, and the date of perfection shall be the date on which the housing provider satisfies the notice requirements of § 4101.6.

 

4207.6Where a housing provider increases the rent for a rental unit to an amount equal to or less than the rent ceiling adjustment permitted by § 4207.1, the housing provider shall comply with the provisions of §§ 4205.4 and 4205.5, and the notices required by §§ 4101.6 and 4205.4(a) may be issued simultaneously to the affected tenant on a form of notice approved by the Rent Administrator.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1390 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2665 (May 2, 1986).