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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority set forth in Article III of Reorganization Plan No. 1 of 1983, effective March 31, 1983, and Mayor’s Order 83-92, dated April 7, 1983, hereby gives notice of the intent to adopt, in not less than thirty (30) days after the date of publication of this notice in the D.C. Register, amendments to chapter 1 (Administration and Enforcement) of title 14 (Housing) of the District of Columbia Municipal Regulations.
The rulemaking amends provisions regarding notices of violation, orders to vacate imminently dangerous and unsafe premises, appellate procedures, and variances, deletes references to the Board of Appeals and Review, corrects the address of the Department of Consumer and Regulatory Affairs, and corrects a statutory citation.
Title 14, HOUSING, chapter 1, ADMINISTRATION AND ENFORCEMENT, of the District of Columbia Municipal Regulations is amended as follows:
Section 103, PLACARDING, is amended as follows:
Subsection 103.1 is amended to read as follows:
103.1 If a premises (or a part of a premises) occupied by a housing business does not comply with the provisions of this subtitle, or a violation of this subtitle is permitted to continue to exist in the premises, the Director, after reasonable notice to the operator, owner, licensee, tenant, or occupant, in his or her discretion, may place upon the entrance to that part of the premises found to be in violation, a placard declaring the premises or part of the premises to be a structure unfit for human occupancy, as provided in §§ 115 and 116.
Section 106, NOTIFICATION OF TENANTS CONCERNING VIOLATIONS, is amended to read as follows:
106 NOTIFICATION OF TENANTS OR OCCUPANTS CONCERNING VIOLATIONS
106.1 After an inspection of a structure or unit(s), the Director shall provide the tenant or occupant with a copy of any notice issued to the owner pursuant to this subtitle.
106.2 The notification to the tenant or occupant shall state plainly and conspicuously that it is only for the person’s information; except, that if the notice places a duty on the tenant or occupant, it shall state the duty.
106.3 If a violation of this subtitle directly involves more than one (1) unit the Director shall post a copy of any notice issued to the owner pursuant to this subtitle for a reasonable time in one (1) or more locations within the structure or structure in which the violation exists. The locations for posting the notice shall be reasonably selected to give notice to all tenants or occupants affected.
106.4 No person shall alter, modify, destroy, or otherwise tamper with or mutilate a notification posted under this section.
106.5 A tenant or occupant directly affected by the violation(s) shall, upon request to the Director, be sent a copy of the posted notice.
Section 107, APPEAL AND HEARING, is amended to read as follows:
107 APPEAL AND HEARING
107.1 An owner, licensee, or operator of a premises subject to the provisions of this subtitle who is adversely affected by a determination made pursuant to this subtitle or title I or II of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2007 Repl.)), may file an appeal in writing with the Office of Administrative Hearings.
107.2 An owner, licensee, operator, tenant, or occupant of a premises subject to the provisions of this subtitle who is adversely affected by an order issued pursuant to § 115 may, after the imminently dangerous premises is closed or barricaded, file an appeal in writing with the Office of Administrative Hearings.
107.3 The appeal shall be filed within ten (10) days after the date of service of the notice of violation unless, in the public interest, the notice of violation specifies a period of less than ten (10) days, but not less than twenty-four (24) hours, within which to file an appeal, except as provided in §§ 107.5 and 107.7.
107.4 A hearing shall be held before a structure is closed if the order provides for a
period of ten (10) days or longer to file an appeal.
107.5 If the Director determines that exigent circumstances exist and it is necessary in the public interest to order the immediate closure of a structure, an appeal shall be filed within twenty-four (24) hours of service of order, and a hearing may be held after the structure is closed.
107.6 If an appeal is not filed within the required time, the order will be upheld and enforced.
107.7 If a request for a variance has been submitted to the Director in accordance with the provisions of § 109, the appeal shall be filed within ten (10) days after the date of service of the notice of the final determination on that request for a variance.
Section 108, DEPOSIT OF COLLATERAL FOR UNCORRECTED VIOLATIONS, is amended as follows:
Subsection 108.4 is amended to read as follows:
108.4 The Director may, with respect to residential property, enforce the following requirements as they are discovered in the course of standard housing inspections by using the procedure authorized in this section:
(a) Nuisances to be abated: Section 4 of An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe structures and parts thereof, and for other purposes, approved March 1, 1899 (30 Stat. 923; D.C. Official Code § 6-804 (2008 Repl.)); and
(b) Removal of weeds: District of Columbia Municipal Regulations Title 14, Section 800.10 (14 DCMR § 800.10).
Section 109, VARIANCES, is amended as follows:
Subsection 109.1 is amended to read as follows:
109.1 An owner, licensee, or operator required to perform an act by this subtitle may be excused by the Director, at his or her discretion, or the Office of Administrative Hearings from the performance of that act, either in whole or in part, upon a finding by the Director or the Office of Administrative Hearings that the full performance of the act would result in exceptional or undue hardship by reason of technical infeasibility, or impracticability of bringing the premises affected into full compliance with the requirements of this subtitle.
Subsection 109.5 is amended to read as follows:
109.5 The Director shall issue a written decision granting or denying the variance.
Section 111, PROCEDURES REGARDING REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT, is amended as follows:
Subsection 111.3 is amended to read as follows:
111.3 A request for a reasonable accommodation under the Fair Housing Act shall be submitted to the Director, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Washington, D.C.20024, or such office as the Director may assign or delegate.
Section 115, IMMINENTLY DANGEROUS PREMISES, is amended to read as follows:
115 IMMINENTLY DANGEROUS RESIDENTIAL PREMISES
115.1 If a residential premise, or part of a residential premise, presents an imminent danger to the inhabitants or the surrounding community because it has been determined that it is an unsafe structure, a structure unfit for human occupancy, an unlawful structure, or a structure in which there is unsafe equipment, the Director may order the owner, licensee or operator to close and barricade the structure within a specified time.
115.2 If the owner, licensee or operator fails to carry out the Director’s order to close and barricade the structure within the time specified after service of order, the Director may cause the structure to be closed and barricaded and may assess all reasonable costs and incidental expenses of closing and barricading the structure.
115.3 The Director may order all tenants or occupants to vacate the structure within a timeframe sufficient to allow the owner, licensee or operator of the structure to comply with its closure and barricade. The order will be given pursuant to §117. If the tenants or occupants fail to vacate the structure within a timeframe sufficient to allow the owner, licensee or operator of the structure to comply with its closure and barricade, the Director shall have the authority to order the removal of the tenants or occupants from the structure.
115.4 All assessments authorized to be levied by the District as a lien against the property to reimburse the District for money expended on the imminently dangerous premises pursuant to this section shall bear interest at the rate of one and one-half percent (1.5 %) per month. If all or a part of the lien remains unpaid after the expiration of sixty (60) days from the date the lien was levied, the property against which the lien was levied may be sold for the outstanding lien, plus interest and penalties, at the next ensuing tax sale, but no later than six (6) months from the expiration of sixty (60) days from the date of the lien. The property shall be sold in the same manner and under the same conditions as property sold for delinquent property taxes, if the lien plus interest is not paid in full prior to the sale.
115.5 The redemption period for a property sold pursuant to § 115.4 shall be six (6) months.
115.6 Monies in the revolving fund established by section 1(b)(1) of An Act to provide for the abatement of nuisances in the District of Columbia, and by the Commissioners of the District, and for other purposes, approved April 14, 1906, (34 Stat. 114; D.C. Official Code § 42-3131.01(b)(1) (2001)), shall be available to cover the costs incidental to carrying out the actions authorized by this section.
115.7 All monies payable to the District pursuant to this section shall be deposited in the revolving fund referenced in § 115.6.
A new section 116, UNSAFE RESIDENTIAL PREMISES, is added to read as follows:
116 UNSAFE RESIDENTIAL PREMISES
116.1 If a residential premise or part of a residential premise is determined by the Director to be an unsafe structure, a structure unfit for human occupancy, an unlawful structure, or a structure in which there is unsafe equipment, the Director may order the owner, licensee or operator to close and barricade the structure within a specified time.
116.2 If the owner, licensee or operator fails to carry out the Director’s order to close and barricade the structure within the time specified on the order, the Director may cause the structure to be closed and barricaded and may assess all reasonable costs and incidental costs of closing and barricading the structure
116.3 The Director may order all tenants or occupants to vacate the structure within a timeframe sufficient to allow the owner, licensee or operator of the structure to comply with its closure and barricade. The order will be given pursuant to § 117. If the tenants or occupants fail to vacate the structure within a timeframe sufficient to allow the owner, licensee or operator of the structure to comply with its closure and barricade, the Director shall have the authority to order the removal of the tenant or occupant from the structure.
116.4 All assessments authorized to be levied by the District as a lien against the property to reimburse the District for money expended on the imminently dangerous premises pursuant to this section shall bear interest at the rate of one and one-half percent (1.5 %) per month. If all or part of the lien remains unpaid after the expiration of sixty (60) days from the date the lien was levied, the property against which the lien was levied may be sold for the outstanding lien plus interest and penalties, at the next ensuing tax sale, but no later than six (6) months from the expiration of sixty (60) days from the date of the lien in the same manner and under the same conditions as property sold for delinquent property taxes, if the lien plus interest is not paid in full prior to the sale.
116.5 The redemption period for a property sold pursuant to § 116.4 shall be six (6) months.
116.6 Monies in the revolving fund established by section 1(b)(1) of An Act to provide for the abatement of nuisances in the District of Columbia, and by the Commissioners of the District, and for other purposes, approved April 14, 1906, (34 Stat. 114; D.C. Official Code § 42-3131.01(b)(1) (2001)), shall be available to cover the costs incidental to carrying out the actions authorized by this section.
116.7 All monies payable to the District pursuant to this section shall be deposited in the revolving fund referenced in § 116.6.
A new section 117, ORDERS ISSUED FOR IMMINENTLY DANGEROUS RESIDENTIAL PREMISES OR UNSAFE RESIDENTIAL PREMISES, is added to read as follows:
117 ORDERS ISSUED FOR IMMINENTLY DANGEROUS RESIDENTIAL PREMISES OR UNSAFE RESIDENTIAL PREMISES
117.1 An order issued pursuant to § 115 or § 116 shall be in writing and shall:
(a) State the nature of the violation;
(b) Indicate the section or sections of this subtitle being violated;
(c) Describe the actions required to be undertaken by the owner, licensee or operator; and
(d) Be signed by the Director or the Director’s authorized agent.
117.2 A copy of each order served on the owner, licensee or operator shall be served upon the tenant or occupant.
117.3 The order or copy of the order shall be deemed to be properly served upon the person to be notified by any of the following means:
(a) By serving the order or a copy of the order upon him or her personally;
(b) By posting the order or a copy of the order on each floor of the structure; or
(c) By mailing the order or a copy of the order postage prepaid to the last known address of the person to be notified, if the mailed order is not returned by the post office authorities.
Section 199, DEFINITIONS, is amended as follows:
Subsection 199.1 is amended as follows:
The term and definition of Board of Appeals and Review are repealed.
The term and definition of Residential Premises is amended to read as follows:
Residential Premises– a residential building used for human habitation, including but not limited to a place of residence, home, dwelling unit, rooming unit, and abode.
All persons desiring to comment on these proposed regulations should submit written comments in to Helder Gil, Legislative Affairs Specialist, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Room 5164, Washington, D.C. 20024, or by e-mail to helder.gil@dc.gov, not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rules requested. Free copies are available on the DCRA website at http://dcra.dc.gov by going to the “About DCRA” tab, clicking “News Room”, and clicking on “Rulemaking”.
