D.C. Mun. Regs. tit. 14, r. 14-4101

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 14-4101 - REGISTRATION REQUIREMENTS AND NOTICE
4101.1

Each rental unit covered by the Act, as provided by § 4100.3, and the housing accommodation of which a covered rental unit is a part, including rental units exempt from the Rent Stabilization Program, shall be registered with the Rental Accommodations Division in accordance with this chapter.

4101.2

The terms "to register," "to be registered," and "registration" shall mean filing, in accordance with § 4102, a form approved by the Rent Administrator ("Registration/Claim of Exemption Form") that contains:

(a) For a rental unit covered by the Rent Stabilization Program, the information required to establish and regulate rents charged pursuant to § 205(f) of the Act (D.C. Official Code § 42-3502.05(f)) and Chapter 42 of this title; or
(b) For rental units that may be exempt from the Rent Stabilization Program, the information required to establish the claim of exemption pursuant to § 205(a) of the Act (D.C. Official Code § 42-3502.05(a)) and § 4106 of this chapter.
4101.3

A rental unit shall be deemed registered only if the housing provider both:

(1) files a Registration/Claim of Exemption Form in accordance with § 4102; and (2) provides timely notice of the filing to the tenant(s) in accordance with § 4101.6. A housing provider shall file and provide notice of a registration when:
(a) Any rental unit is newly created or established, including existing housing being made available for rent;
(b) A housing accommodation is converted to condominium or cooperative housing and any converted unit is subject to §§ 204(b-2) or 208(b) of the Rental Housing Conversion and Sale Act of 1980 (D.C. Official Code §§ 42-3402.04 (b-2) or 42-3402.08(b));
(c) The housing provider reduces the number of units in a housing accommodation;
(d) Any rental unit ceases to be excluded from the Act under § 205(e) of the Act (D.C. Official Code § 42-3502.05(e)) and § 4105 of this chapter; or
(e) Any rental unit covered by the Act has not previously been properly registered for any reason.
4101.4

Until the date all housing providers are required to re-register using the internet-accessible portal pursuant to § 205(f)(1) of the Act (D.C. Official Code § 42-3502.05(f)(1)) , the registration requirements of this chapter shall be satisfied for any rental unit that previously was properly registered under the following laws or regulations only if no change in circumstances has required the housing provider to file a new or amended registration:

(a) The Rental Housing Act of 1980 only if the prior registration claimed an exemption from rent stabilization and the rental unit can be claimed as exempt from the Rent Stabilization Program on the same basis under current law;
(b) The Rental Housing Emergency Act of 1985 (D.C. Law 6-18); or
(c) Any version of this chapter promulgated by emergency or final rulemaking before the effective date provided by § 3800.10.
4101.5

All Registration/Claim of Exemption Forms filed with the Rent Administrator under the Act and this chapter shall be available for public inspection in the Housing Resource Center of the Department of Housing and Community Development and, upon completion, by the internet-accessible database maintained by the Rent Administrator in accordance with § 203c of the Act (D.C. Official Code § 42-3502.03 c) and § 3900.9 of this title.

4101.6

A housing provider who files a Registration/Claim of Exemption Form under the Act shall, within fifteen (15) days of the issuance of a registration or exemption number, as applicable, by the Rental Accommodations Division, provide a true copy of the form bearing the registration or exemption number to all tenants of the housing accommodation as follows:

(a) If the housing accommodation to which the form applies contains multiple rental units and common elements that are owned, managed, or maintained by the housing provider, by posting the copy in a conspicuous place at the premises indicated on the form and keeping the copy posted in that place for the duration of its validity, until a new or amended filing is required by § 4103; or
(b) If the housing accommodation to which the form applies consists of a single rental unit, or no suitable location is available at the housing accommodation for posting as described in paragraph (a), by service upon each tenant in accordance with § 4200.16(a), (b), or (c).
4101.7

A rental unit or housing accommodation for which a Registration/Claim of Exemption Form has not been timely posted or mailed shall be deemed unregistered or not exempt until the housing provider complies with the requirements of this section.

4101.8

Any housing provider who has failed to meet the registration requirements of this chapter shall not increase the rent or reduce or eliminate related services or facilities for an unregistered rental unit or benefit from an exemption from the Rent Stabilization Program, whether or not the unit would have been eligible for an exemption, until ninety (90) days after the housing provider properly registers the unit.

D.C. Mun. Regs. tit. 14, r. 14-4101

Notice of Final Rulemaking published at 33 DCR 1336, 1373 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2660 (May 2, 1986); Final Rulemaking published at 68 DCR 12638 (12/3/2021)