D.C. Mun. Regs. tit. 14, r. 14-3900

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

Rule 14-3900 - THE RENT ADMINISTRATOR

3900.1

The Rent Administrator, in addition to other duties, shall:

(a) Carry out the administration of the Rent Stabilization Program, including the receipt and maintenance of records of registrations, exemptions, rent levels, and petitions;

(b) Receive and review all applications and petitions arising under Titles II, IV, V, VI, and IX of the Act D.C. Official Code Title 42, Chapter 35, subchapters 2, 4, 5, 6, or 9);

(c) Publish and update legally sufficient forms required by the provisions of the Act for use by housing providers and tenants;

(d) Make conciliation services available to housing providers and tenants in accordance with § 3913; and

(e) Issue advisory opinions regarding the applicability of the Act and Chapters 39-44 of this title upon request in accordance with § 3915.

3900.2

After making any initial determinations or issuing any necessary or appropriate preliminary orders, the Rent Administrator shall transmit all matters that require an evidentiary hearing pursuant to the Act or Chapters 41-44 of this title to the Office of Administrative Hearings, including:

(a) Housing providers' petitions for hardship surcharges, capital improvement surcharges, related service or facility adjustments, and substantial rehabilitation surcharges pursuant to § 4208 and the applicable section for the type of adjustment that is requested, pursuant to §§4209-4212;

(b) Applications for approval of voluntary agreements to which exceptions and objections have been filed pursuant to § 4213.19;

(c) Tenant petitions filed pursuant to § 4214; and

(d) Show cause orders issued pursuant to § 3926.

3900.3

The Rent Administrator shall issue final orders on applications and petitions that do not require an evidentiary hearing pursuant to the Act or Chapters 41-44 of this title, including:

(a) Petitions that do not state a claim for which relief can be granted under the Act, in accordance with § 3903.2;

(b) Duplicative petitions filed within six (6) months of a prior petition, in accordance with § 216(f) of the Act (D.C. Official Code § 42-3502.16(f)) and § 3903.3 of this chapter;

(c) Applications by non-profit charitable housing providers for exclusion from the Act pursuant to § 4105.3;

(d) Housing provider petitions that have not been properly filed, in accordance with § 4208.6;

(e) Hardship petitions for which the housing provider has failed to comply with an order to supplement the documentation or to provide notice to the tenants, in accordance with § 4209.32;

(f) Hardship petitions for which a proposed order has been issued and no party has filed exceptions or objections, in accordance with §§ 4209.304209.36;

(g) Substantial rehabilitation petitions for which all affected rental units are vacant, in accordance with §§ 4212.22-4212.23;

(h) Applications for approval of voluntary agreements that either comply with § 215(c) of the Act (D.C. Official Code § 42-3502.15(c)) and § 4213.18 of this title or to which no exceptions and objections have been filed pursuant to § 4213.19;

(i) Applications to register tenants' protected status from rent surcharges and rent adjustments of general applicability, in accordance with § 4215; and

(j) Applications to serve notices to vacate for unsafe alterations or renovations, pursuant to § 501(f) of the Act (D.C. Official Code § 42-3505.01(f)) .

3900.4

The Rent Administrator shall enforce the Act and Chapters 41-44 of this title by:

(a) Issuing show cause orders and compliance notices pursuant to §§ 3926 and 3927;

(b) Reviewing and voiding defective notices to vacate pursuant to § 4300.5;

(c) Filing complaints in the Superior Court of the District of Columbia pursuant to § 218 of the Act (D.C. Official Code § 42-3502.18) and § 4217.5 of this title; and

(d) Referring appropriate matters to the Office of the Attorney General, the Department of Buildings, or the Department of Licensing and Consumer Protection.

3900.5

The Rent Administrator shall establish internal operating procedures for the handling of Rental Accommodations Division business.

3900.6

The Rent Administrator may issue written delegations of authority pursuant to § 204(d) of the Act (D.C. Official Code § 42-3502.04(d)) to Rental Accommodations Division rental property specialists to issue preliminary orders or make other determinations on petitions or other applications in accordance with §§ 3900.2 and 3900.3.

3900.7

The Rental Accommodations Division shall be open for public business at the Housing Resource Center of the Department of Housing and Community Development daily from 8:30 a.m. to 3:30 p.m., except Saturdays, Sundays, legal holidays, furlough days, and other closed days as designated by the Department of Housing and Community Development or the District of Columbia Government.

3900.8

The Rent Administrator shall provide for the operation of a telephone service during the hours of 8:30 a.m. to 4:30 p.m. on days the Rental Accommodations Division is open for public business to provide assistance to tenants in accordance with the provisions of § 705 of the Act (D.C. Official Code § 42-3507.05) .

3900.9

The Rental Accommodations Division shall maintain an internet-accessible, searchable database of filings made pursuant to the Rent Stabilization Program, following completion of the publicly accessible rent control housing database required by § 203c of the Act (D.C. Official Code § 42-3502.03 c).

D.C. Mun. Regs. tit. 14, r. 14-3900

Notice of Final Rulemaking published at 33 DCR 1336, 1351 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2657 (May 2, 1986); Final Rulemaking published at 68 DCR 12638 (12/3/2021); amended by Final Rulemaking published at 70 DCR 1710 (2/3/2023)

Authority: Unless otherwise noted, the authority for this chapter is Section 202(a)(1) of the Rental Housing Act of 1985, D.C. Law 6-10, § 202(a)(1), effective July 17, 1985 (codified at D.C. Official Code § 42-3502.02(a)(1) (2001)).