Section 14-4215. TENANT PETITIONS TO CHALLENGE BASE RENT

 

4215.1A tenant petition to challenge the base rent for a rental unit established by a housing provider under § 103(4) of the Act and § 4201, which shall be filed by the tenant of the rental unit with the Rent Administrator in duplicate copies on a base rent challenge form approved by the Rent Administrator.

 

4215.2The tenant of a rental unit shall file a base rent challenge not later than six (6) months following the date of registration of the unit under § 4101, which shall be the date on which the housing provider meets the notice requirements of § 4101.3.

 

4215.3Copies of all documents or other evidence in support of the base rent challenge shall be attached to the form at the time it is filed with the Rent Administrator.

 

4215.4Upon receipt of a properly executed and timely filed base rent challenge, the Rent Administrator shall serve a copy on the housing provider of the rental unit in accordance with § 3911.

 

4215.5When adjudicating a base rent challenge, the issues to be determined by the Rent Administrator are limited to the following:

 

(a)Whether the housing provider’s registration contains the actual rent charged for the unit on September 1, 1983;

 

(b)Whether the rent claimed as the September 1, 1983 rent was the rent on that date;

 

(c)Whether the calculation of base rent complies with § 4201;

 

(d)Whether the housing provider’s registration statement accurately states the related services or facilities provided to the rental unit or housing accommodation on September 1, 1983; and

 

(e)Whether the rent for the rental unit on the effective date of the Act was higher than the base rent.

 

4215.6Notwithstanding the provisions of § 3903 the Rent Administrator may resolve a base rent challenge without a hearing.

 

4215.7In arriving at a proposed order disposing of a base rent challenge, the Rent Administrator shall base his or her decision on documentary evidence contained in the records of the RACD and other divisions within the Department of Consumer and Regulatory Affairs.

 

4215.8The Rent Administrator shall provide a copy of the proposed determination of a base rent challenge to the tenant(s) and the housing provider in accordance with § 3911.

 

4215.9Where parties to a base rent challenge disagree with the proposed order of the Rent Administrator, they may file objections and exceptions with the Rent Administrator within twenty (20) days of the receipt of the proposed order.

 

4215.10Parties filing objections and exceptions in accordance with subsection 4215.9 shall do the following:

 

(a)Describe their reasons for disagreement with the proposed order;

 

(b)Describe any typographical, numerical or technical errors on the proposed order; or

 

(c)Describe the findings and conclusions which the party believes should have been made and the evidence which supports these findings and conclusions.

 

4215.11Upon consideration of objections and exceptions to a proposed order, the Rent Administrator may issue a final order or may direct that a hearing be held to resolve any disputed issues of fact.

 

4215.12If no objections and exceptions are received in accordance with § 4215.9, the Rent Administrator shall notify the parties that the proposed order has become final and the final order shall contain notice of the right to appeal pursuant to § 3802.

 

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).