D.C. Mun. Regs. tit. 1, r. 1-2941

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

Rule 1-2941 - RENTAL HOUSING CASES - ATTORNEY'S FEES IN RENT STABILIZATION CASES

2941.1

All motions for an award of attorney's fees shall be filed within thirty (30) calendar days of service of the final order. But if a timely motion for reconsideration is filed, a motion for an award of attorney's fees shall be filed within thirty (30) days of the service date of the order deciding the motion.

2941.2

The motion shall state whether an appeal has been filed with the Commission. If an appeal has been filed, OAH has no jurisdiction to decide the motion and it shall be held in abeyance until all appeals of the final order are exhausted.

2941.3

If a party did not prevail before OAH but does so in an appeal to the Commission without remand, the party may file a motion for attorney's fees incurred before OAH within thirty (30) calendar days of the service date of the Commission's decision.

2941.4

A party moving for an award of attorney's fees has the burden of proving the amount of the award with substantial evidence of the hours of services provided and the rates charged for those services. Motions for attorney's fees shall be decided in accordance with the Commission's standards as provided in Title 14 of the DCMR.

D.C. Mun. Regs. tit. 1, r. 1-2941

Final Rulemaking published at 53 DCR 5674, 5682 (July 14, 2006); as amended by the Tenant Organization Petition Standing Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-226), published at 57 DCR 6920, 6921 (August 6, 2010); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12583 (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)) .