Section 14-4208. RENT CEILING ADJUSTMENTS BY PETITION

 

4208.1The rent ceiling for a rental unit shall not be adjusted under § 210 (capital improvement), § 211 (services and facilities), § 212 (hardship), § 214 (substantial rehabilitation), or § 215 (voluntary agreement) of the Act without the prior written approval of the Rent Administrator.

 

4208.2A housing provider or group of tenants who seek a rent ceiling adjustment under any section of the Act referenced in § 4208.1 shall file a petition for rent ceiling adjustment with the Rent Administrator pursuant to § 3901.

 

4208.3The Rent Administrator shall administratively consider and dispose of each petition for a rent ceiling adjustment pursuant to § 216 of the Act and chapters 39 and 40.

 

4208.4The Rent Administrator shall, by written order served on the housing provider and affected tenants, grant in whole or in part or dismiss each petition for a rent ceiling adjustment.

 

4208.5A housing provider may take and perfect a rent ceiling adjustment pursuant to written order of the Rent Administrator in the manner set forth in § 4204.9 and the date of perfection of the rent ceiling adjustment shall be the date on which the housing provider satisfies the notice requirements of § 4101.6.

 

4208.6Where a housing provider increases the rent for a rental unit to an amount equal to, or less than, the rent ceiling adjustments permitted by § 4208.1, 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.

 

4208.7A housing provider or group of tenants may in one (1) petition request a rent ceiling adjustment for more than one (1) or for all rental units in a housing accommodation; and, with respect to a multi-building housing complex, may in one (1) petition request a rent ceiling adjustment for the entire complex.

 

4208.8For purposes of this section, a multi-building housing complex is the aggregate of rental units located in two (2) or more physically contiguous buildings that share common ownership and management, and historically have been operated and treated for management and accounting purposes as a single business entity.

 

4208.9The tenant of a rental unit whose rent ceiling is affected by a housing provider’s petition filed under §§ 4209, 4210, 4211, or 4212 shall:

 

(a)Receive from the Rent Administrator adequate and timely notice of the following:

 

(1)The filing and pendency of the petition;

 

(2)The hearing or other administrative procedures for deciding the petition; and

 

(3)The tenant’s right under the D.C. Administrative Procedure Act and § 216 of the Act to contest the housing provider’s petition; and

 

(b)Contest or oppose the housing provider’s petition in the hearing or other administrative procedure for deciding the petition.

 

4208.10The tenant of a rental unit who receives notice of a petition under § 4208.9(a) and who fails to contest the housing provider’s petition may not at a later date contest or challenge by tenant petition under § 4214 the order of the Rent Administrator on the housing provider’s petition or any rent ceiling adjustment perfected by the housing provider pursuant to that order.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1391 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2666 (May 2, 1986).