D.C. Mun. Regs. tit. 1, r. 1-2922

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2922 - RENTAL HOUSING CASES - PARTIES

2922.1

Any petition or request that is filed on behalf of more than one person or entity shall individually name each person or entity.

2922.2

When neither the claim asserted nor the relief requested requires the participation of the individual tenant member, any tenant association may file and shall be granted party status to prosecute or defend a petition on behalf of any one or more of its members who have provided the association with written authorization to represent them in the action, or to seek on behalf of all members any relief available under the Rental Housing Act or the Rental Housing Conversion and Sale Act, as applicable.

2922.3 In order to establish the requisite standing to assert a claim in its name on behalf of its authorizing members in accordance with the Rental Housing Act or the Conversion and Sale Act, a tenant association that seeks to be named as a party in a petition or request shall file, along with the petition or request:

(a) A list of all tenants who are members of the tenant association and parties to the petition or request, including each member's full name and unit number;

(b) Proof of tenancy for each tenant who is a member of the tenant association and seeks to be represented by it, by rent receipt, cancelled check, copy of lease agreement, or any other documentation accepted by the Rental Accommodations Division or the Rental Conversion and Sale Division, as applicable; and

(c) Written authorization from each tenant who is a member of the tenant association and seeks to be a party, giving the tenant association permission to represent the tenant.

2922.4

No inquiry into the membership of the association beyond the information required by §§ 2922.3 shall be permitted. Failure to provide the information in §§ 2922.3 is grounds to deny party status to a tenant association.

2922.5

Any tenant association that is a party to the action pursuant to §§ 2922.2 shall be listed in the caption.

2922.6

For rent stabilization cases, the housing provider as listed on the registration statement, if any, shall be a party, and shall be named in the caption. If a managing agent represents the housing provider in the proceeding, the managing agent also shall be a party, and shall be identified as the managing agent and named in the caption.

2922.7

For rental housing conversion and sale cases, in a petition for declaratory relief against an owner, the owner as listed on the certification statement for conversion or on the offer of sale, if any, shall be a party, and shall be named in the caption.

D.C. Mun. Regs. tit. 1, r. 1-2922

Final Rulemaking published at 53 DCR 5674, 5675 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553, 9554 (December 25, 2009); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12576 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .