D.C. Mun. Regs. tit. 1, r. 1-2932

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

Rule 1-2932 - RENTAL HOUSING CASES - BURDEN OF PROOF

2932.1

The proponent of an order shall have the burden of proof.

2932.2

For rent stabilization cases:

(a) The tenant has the burden to prove the claims alleged in a tenant petition except that the housing provider has the burden to prove entitlement to any exemption under the Rental Housing Act.

(b) The housing provider has the burden to prove the claims alleged in a housing provider petition.

(c) In show cause hearings in rent stabilization cases, the burden of proof shall rest on the Rent Administrator.

(d) In retaliation cases, the tenant has the burden of proving that retaliation occurred or that a presumption applies. If a presumption applies, then the housing provider has the burden to rebut the presumption by clear and convincing evidence.

(e) In security deposit cases, if the tenant seeks an order to have the security deposit returned, the tenant shall prove the amount of the security deposit paid and that the security deposit was not returned. If the housing provider seeks an order to withhold all or a portion of the security deposit, the housing provider shall prove the reasons for the withholding.

2932.3

For conversion and sale cases:

(a) In cases involving petitions for declaratory relief, the petitioner has the burden to prove the claims alleged in the petition.

(b) In cases involving the rejection of an application, a temporary cease and desist order, or the revocation of a certificate or registration, the agency has the burden to prove facts justifying the action.

2932.4

Unless otherwise provided by law, a party shall prove each fact essential to his or her claim by a preponderance of the evidence so that the Administrative Law Judge finds that it is more likely than not that each fact is proven.

D.C. Mun. Regs. tit. 1, r. 1-2932

Final Rulemaking published at 53 DCR 5674, 5679 (July 14, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12579 (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)) .