Section 14-4303. RETALIATORY ACTION

 

4303.1For the purposes of this section, “Retaliatory action” is action intentionally taken against a tenant by a housing provider to injure or get back at the tenant for having exercised rights protected by § 502 of the Act.

 

4303.2No housing provider shall take any retaliatory action against any tenant who exercises any rights protected by subsection 502(a) of the Act.

 

4303.3Retaliatory action shall include, but is not limited to the following:

 

(a)Any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit;

 

(b)Any action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass the tenant, reduce the quality or quantity of service;

 

(c)Any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause; or

 

(d)Any other form of threat or coercion.

 

4303.4When a tenant petition, filed in accordance with § 4214.1 alleges retaliatory action as in § 4303.3, the Rent Administrator shall make the presumption that the housing provider’s alleged retaliatory action was, in fact, retaliatory if it was taken during the six (6) month period after the tenant did any of the following:

 

(a)Made a written request or an oral request in the presence of a witness to the housing provider to make repairs necessary to bring the housing accommodation or the rental unit into compliance with the housing regulations;

 

(b)Contacted appropriate officials of the District of Columbia government, either orally in the presence of a witness or in writing, concerning existing violations of the housing regulations in the rental unit the tenant occupies or pertaining to the housing accommodation in which the rental unit is located, or reported to the officials suspected violations which, if confirmed, would render the rental unit or housing accommodation in noncompliance with the housing regulations;

 

(c)Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations;

 

(d)Organized, was a member of, or was involved in any lawful activities pertaining to a tenant organization;

 

(e)Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or

 

(f)Brought legal action against the housing provider.

 

4303.5Clear and convincing evidence shall be required to rebut the presumption contained in § 4303.4.

 

4303.6When the Rent Administrator makes a finding of retaliation in violations of § 502 of the Act by a housing provider, the Rent Administrator may order the housing provider, in addition to any other penalty prescribed by law, to cease and desist from taking such action, under such terms and conditions as the Rent Administrator may prescribe.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1421 (March 7, 1986).