Section 20-3319. REQUIREMENTS FOR TEMPORARY RELOCATION OF TENANTS  


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    3319.1A property owner shall take all steps necessary to provide temporary comparable alternative living arrangements for an affected tenant whenever DDOE requires relocation of the tenant due to the presence of lead-based paint hazards at a residential rental property, and shall:

     

    (a)Provide the tenant with at least fourteen (14) days of written notice about  the specifics of the proposed relocation, including contact information and  the address of the temporary unit, unless a shorter time period is ordered  by DDOE, or is mutually agreed to in writing by the owner and the tenant;

     

    (b)Provide the tenant with a written, signed statement on a DDOE-issued  form, that the tenant has the right to return to the unit once the unit has  passed a clearance examination, under the same terms of agreement that  exist under the current tenancy;

     

    (c)Make all reasonable efforts to minimize the duration of any temporary  relocation;

     

    (d)Determine whether there are any appropriate temporary relocation units  that do not contain any lead-based paint hazards and that are located  within the same property in which the tenant currently resides, and offer  same to the tenant;

     

    (e)Make all reasonable efforts to determine whether there are any appropriate  temporary relocation units available within the same school district or  ward and that are close to public transportation, as appropriate, and offer  same to the tenant if a unit as described in paragraph (d) above is not  available; or

     

    (f)Offer the tenant other reasonably located, appropriate, and available  temporary relocation units if no such unit described in paragraphs (d) or  (e) is available.

     

    3319.2A property owner who is ordered to relocate a tenant shall pay all reasonable temporary relocation expenses that may be required until the tenant’s dwelling unit has passed a clearance examination, and a reasonable amount of time has passed to allow the tenant to return to the dwelling unit, which shall include:

     

    (a)Moving and hauling expenses;

     

    (b)Payment of a security deposit;

     

    (c)The cost of replacement housing, including alternative arrangements  identified by the tenant and agreed to by said property owner, if the owner  has no available temporary relocation unit that satisfies § 3319.1(d-f),  provided that the tenant continues to pay the rent on the dwelling unit  from which the tenant has been relocated; and

     

    (d)Installation and connection of utilities and appliances.

     

    3319.3The property owner shall exercise due diligence in making all reasonable efforts to minimize the duration of temporary relocations.

     

    3319.4The property owner shall comply with all relocation requirements within fourteen (14) calendar days of the receipt of a written order from DDOE requiring temporary relocation of a tenant, unless the order specifies a different deadline for such measures.

     

    3319.5A tenant may elect to make alternative arrangements for temporary relocation without any interference from a property owner.

     

    3319.6Whenever DDOE determines that an imminent threat to a tenant’s health and safety exists due to the presence of lead-based paint hazards, DDOE may initiate tenant relocation to a hotel or make other temporary arrangements for lead safety for the tenant, in advance of the owner receiving a DDOE Order to Relocate, or prior to the deadline to which the owner is subject pursuant to § 3319.1, and in such cases DDOE shall notify the owner in writing of the action taken, within seven (7) business days.

     

    3319.7If DDOE incurs expenses when it takes action pursuant to § 3319.6, the property owner shall reimburse DDOE for all such expenses based upon a DDOE invoice.

     

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2008 Repl. & 2012 Supp.)), the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2008 Repl. & 2012 Supp.)), the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602 (July 18, 2008)), the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq. (2012 Supp.)), Mayor’s Order 2009-113, dated June 18, 2009, and the Lead Hazard Prevention and Elimination Amendment Act of 2010 (“2011 Amendments”), effective March 31, 2011 (D.C. Law 18-348; 58 DCR 717 (January 28, 2011)).

source

Final Rulemaking published at 60 DCR 10909 (July 26, 2013).