Section 14-4211. PETITIONS FOR CHANGES IN RELATED SERVICES OR FACILITIES

 

4211.1A housing provider who has changed or proposes to change the related services or facilities at a rental unit or housing accommodation may petition the Rent Administrator for a rent ceiling adjustment under § 211 of the Act (a “related services or facilities petition”) to reflect the monetary value of the change.

 

4211.2The Rent Administer shall approve a related services or related facilities petition only if the Rent Administrator finds the following:

 

(a)The change shall not adversely affect the health, safety, and security of the tenants;

 

(b)The change shall not directly result in a substantial violation of the Housing Code;

 

(c)The change shall not be retaliatory, as defined in § 502 of the Act; and

 

(d)The change shall not be intended to cause displacement of tenants from the housing accommodation.

 

4211.3A housing provider shall file a related services or facilities petition on a form approved by the Rent Administrator which shall include the following information:

 

(a)The address of the housing accommodation;

 

(b)The housing provider’s registration number;

 

(c)A brief description of the changes in related services or facilities;

 

(d)An estimate of the value of any increase in related services or facilities;

 

(e)An estimate of the value to the tenants of any decrease in related services or facilities;

 

(f)A statement giving the reason for changing the related services or facilities;

 

(g)The rent ceiling(s) at the time the petition is filed; and

 

(h)The proposed rent ceiling(s) that would reflect the change in the related services or facilities.

 

4211.4A housing provider may increase related services or facilities at a rental unit or housing accommodation, but shall not take and perfect a commensurate rent ceiling adjustment or rent increase without the prior approval of the Rent Administrator.

 

4211.5A housing provider shall not change substantially related services or facilities in violation of § 4211.2 or decrease substantially related services or facilities at a rental unit or housing accommodation without the prior approval of the Rent Administrator.

 

4211.6If related services or facilities at a rental unit or housing accommodation decrease by accident, inadvertence or neglect by the housing provider and are not promptly restored to the previous level, the housing provider shall promptly reduce the rent for the rental unit or housing accommodation by an amount which reflects the monthly value of the decrease in related services or facilities.

 

4211.7The Rent Administrator on his or her own motion or by tenant petition may review and adjust a rent decrease implemented under § 4211.6, and a housing provider who fails to promptly and adequately reduce rent under § 4211.6 may be liable for additional penalties under the Act.

 

4211.8The amount of a rent ceiling adjustment which a housing provider may take and implement or may be required to take and implement pursuant to a final order of the Rent Administrator on a related services or facilities petition shall not include or reflect the cost to the housing provider of any capital improvements, but shall include only the monthly value of the change in related services or facilities, as determined by the Rent Administrator.

 

4211.9To determine the monthly value of changes in related services or facilities, the Rent Administrator may consider the following:

 

(a)The cost to the tenant of obtaining alternate related services or facilities comparable to those reduced by the housing provider;

 

(b)The operating cost to the housing provider of the related services or facilities which are changed; or

 

(c)The fair market value of comparable related services or facilities.

 

4211.10A housing provider shall take and perfect a rent ceiling adjustment pursuant to final order of the Rent Administrator on a related services or facilities petition 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; provided, that a housing provider shall not take and perfect any rent ceiling increase under this section prior to the date on which the increased related services or facilities are actually provided or available to the tenant or tenants of the rental unit or housing accommodation.

 

4211.11Where a housing provider increases the rent for a rental unit to an amount equal to or less than the rent ceiling adjustment permitted by § 4211.1, 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, 1401 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2668 (May 2, 1986).