Section 14-4214. TENANT PETITIONS

 

4214.1The tenant of a rental unit or an association of tenants of a housing accommodation may, by petition filed with the Rent Administrator, challenge or contest the following:

 

(a)The base rent for a rental unit or housing accommodation established under § 4201; provided, that the base rent challenge shall be filed in the manner and within the time set forth in § 4215;

 

(b)The initial rent ceiling for the rental unit or housing accommodation established under § 4202 upon termination of exclusion from coverage by the Act; or

 

(c)The initial rent ceiling for the rental unit or housing accommodation established under § 4203 upon termination of exemption from coverage of the Rent Stabilization Program.

 

4214.2The tenant of a rental unit or an association of tenants of a housing accommodation may, by a petition filed with the Rent Administrator, challenge or contest any rent ceiling adjustment taken and perfected by a housing provider in the following circumstances:

 

(a)Under § 206(b) of the Act (adjustment of general applicability);

 

(b)Under § 213 of the Act (vacancy adjustment);

 

(1)If the adjustment under § 213(a)(1) of the Act was perfected sooner than twelve (12) months following any prior similar adjustment; or

 

(2)If the adjustment under § 213(a)(2) of the Act was perfected based upon a comparable rental unit that failed to meet the criteria of § 4207.4;

 

(c)Under § 215 of the Act (adjustment by voluntary agreement) if the voluntary agreement was coerced or established in violation of § 4213;

 

(d)Under § 212 of the Act (hardship petition) if the adjustment was perfected sooner than twelve (12) months following a previous adjustment of general applicability or hardship adjustment; or

 

(e)Under any section of the Act or pursuant to an order of the Rent Administrator or Commission if the adjustment was greater than permitted by the Act or order.

 

4214.3The tenant of a rental unit or an association of tenants of a housing accommodation may, by petition filed with the Rent Administrator, challenge or contest any rent or rent increase that is:

 

(a)In violation of a lease agreement for the rent unit;

 

(b)Greater than the rent ceiling for the rental unit authorized by the Act or order of the Rent Administrator or Commission;

 

(c)Implemented sooner than one hundred eighty (180) days following any previous rent increase for the rental unit;

 

(d)Implemented sooner than thirty (30) days following written notice of the rent increase, or upon any notice which fails to comply with § 904 of the Act;

 

(e)Implemented when the rental unit or the common elements of the housing accommodation are not in substantial compliance with the housing regulations, and the absence of such substantial compliance is not caused by the neglect or misconduct of the tenant; or

 

(f)Implemented when the rental unit or housing accommodation is registered under the Act, or the housing provider does not have a housing business license if required, or if the manager of the rental unit or housing accommodation is not properly registered if registration is required by this title.

 

4214.4The tenant of a rental unit or an association of tenants of a housing accommodation may, by petition filed with the Rent Administrator, complain of and request appropriate relief for any other violation of the Act including, but not limited to, the following:

 

(a)Any violation of the notice requirements of § 501 of the Act including, but not limited to, allegations that:

 

(1)The notice does not contain a statement detailing the reasons for and the appropriate time period within which the tenant shall either vacate or correct;

 

(2)The notice is given for a rental unit that is subject to registration and is not properly registered;

 

(3)The notice fails to state that a claim of exemption is on file with the Rent Administrator, if applicable;

 

(4)The notice fails to inform the tenant of the right to relocation assistance pursuant to § 701 of the Act, if applicable; and

 

(5)The notice fails to inform the tenant of the right to re-rent the rental unit, if applicable;

 

(b)Any proposed retaliatory eviction or other retaliatory act in violation of § 502 of the Act;

 

(c)Any demand for a security deposit in violation of § 217 of the Act;

 

(d)Any unauthorized reduction in services or facilities related to the rental unit not permitted by the Act or authorized by order of the Rent Administrator;

 

(e)Any condition of the rental unit or housing accommodation which constitutes a substantial or prolonged violation of the housing regulations;

 

(f)Any failure to adequately serve notice on the tenant of a proposed rent ceiling adjustment or hearing on a proposed rent ceiling adjustment for the rental unit or housing accommodation required by the Act, the D.C. Administrative Procedure Act or § 4208.9.

 

4214.5Except as set forth in § 4214.2(d) and (e), a tenant of a rental unit may not challenge or contest, by petition filed with the Rent Administrator, any rent ceiling adjustment perfected by a housing provider pursuant to final order of the Rent Administrator for a capital improvement petition, for a related services or facilities petition, for a hardship petition, or for a substantial rehabilitation petition, if the tenant:

 

(a)Was not a tenant of the affected rental unit prior to the date of perfection of the rent ceiling adjustment; or

 

(b)Was a tenant of the affected rental unit prior to the date of perfection and received notice of the housing provider’s petition but failed to oppose the petition as permitted by § 4208.9.

 

4214.6The tenant of a rental unit or association of tenants of a housing accommodation shall file a petition under this section which meets the requirements of § 4208 and shall include the following:

 

(a)Proof of tenancy by rent receipt, cancelled check, or copy of lease agreement;

 

(b)A copy of a notice to quit, if applicable; and

 

(c)A copy of any other notice or document applicable to the petition.

 

4214.7In adjudicating a tenant petition which alleges an unauthorized reduction in related services or facilities under § 4214.4(d) or substantial and prolonged housing code violations under § 4214.4(e), the Rent Administrator shall make a finding of the monetary value to the tenant of the reduction in related services or facilities or of the housing code violations, and may dismiss any such tenant petition if the tenant fails to allege and support with competent evidence the monetary value claimed.

 

4214.8Except as provided in § 4215 for base rent challenges, a tenant petition filed under this section shall be filed within three (3) years of the effective date of the adjustment.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1409 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2669 (May 2, 1986).