D.C. Mun. Regs. tit. 1, r. 1-2934

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

Rule 1-2934 - RENTAL HOUSING CASES - SUBPOENAS AND DISCOVERY

2934.1

In rent stabilization cases, the Clerk shall issue no more than three subpoenas to the tenant side and no more than three (3) subpoenas to the housing provider side under §§ 2824.5 to compel:

(a) The appearance at a hearing of any witnesses, including housing inspectors, with knowledge of conditions, repairs, or maintenance in a party's rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(b) The production at or before a hearing of all records not created by a government agency, relating to conditions, repairs, or maintenance to a party's rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(c) The production at or before a hearing of housing violation notices in the possession of the District of Columbia Department of Buildings or the District of Columbia Department of Licensing and Consumer Protection relating to a party's rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator; and

(d) The production at or before a hearing of all records in a housing provider's possession relating to any rent increases demanded or implemented for a party's rental unit for the three-year (3) period immediately before the filing of the petition with the Rent Administrator.

2934.2

Section 2824 shall apply to all other subpoenas for witnesses and documents at hearings in rental housing cases.

2934.3

Section 2821 shall apply to discovery in all rental housing cases.

D.C. Mun. Regs. tit. 1, r. 1-2934

Final Rulemaking published at 53 DCR 5674, 5679 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 5242 (July 3, 2009); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12580 (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)) .