D.C. Mun. Regs. tit. 14, r. 14-4102

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 14-4102 - REGISTRATION INFORMATION
4102.1

Each rental unit required to be registered by this chapter shall be listed on a Registration/Claim of Exemption Form filed with the Rental Accommodations Division in accordance with § 3901 for the housing accommodation of which the rental unit is a part.

4102.2

Except as provided by § 4102.3, each housing accommodation that has a separate street address shall be registered by filing a separate Registration/Claim of Exemption Form with the Rental Accommodations Division.

4102.3

If a multi-building housing complex consists of more than one (1) street address but is operated under a single housing business license, the housing provider shall file a single Registration/Claim of Exemption Form with the Rental Accommodations Division to register the complex as a single housing accommodation, stating each street address comprising the housing accommodation. If a multi-building housing complex, or a single structure containing multiple rental units with one street address, is operated under more than one (1) housing business license, a housing provider shall file a Registration/Claim of Exemption Form to register one housing accommodation for each housing business license used.

4102.4

A residential condominium unit or cooperative housing unit rented or offered for rent by its separate owner or proprietary leaseholder or member shall be deemed to be a housing accommodation consisting of one (1) rental unit, and shall be registered on a separate Registration/Claim of Exemption Form, in accordance with § 4102.2, except where the housing provider owns more than one (1) and fewer than five (5) rental units in the District of Columbia and claims the small landlord exemption in accordance with § 4107. For any cooperative housing unit being registered as a rental unit by its separate owner or proprietary leaseholder or member, the Registration/Claim of Exemption Form shall be accompanied by evidence that the housing provider has authorization from the cooperative housing association to rent out the unit. Each condominium unit occupied by an elderly tenant or tenant with a disability with a qualifying income by a condominium association pursuant to § 208(a) of the Rental Housing Conversion and Sale Act of 1980 (D.C. Official Code § 42-3402.08(a)) shall be registered by the association as a rental unit within the housing accommodation that was converted pursuant to the Rental Housing Conversion and Sale Act of 1980.

4102.5

A Registration/Claim of Exemption Form that is filed by a housing provider shall be accompanied by a copy of the housing business license for the premises that constitutes a housing accommodation, as required by §§200-207 of this title. The street address of a housing accommodation on a Registration/Claim of Exemption Form shall be the same as the street address shown on the housing business license.

4102.6 Each Registration/Claim of Exemption Form shall contain:
(a) The name, street address (not including mailbox services or post office box addresses), email address, and telephone number of each owner of the housing accommodation, including, if claiming the small landlord or cooperative exemptions pursuant to §§ 4107 or 4108, each person with an interest, directly or indirectly, in the housing accommodation; provided, that the name of any person holding title to the subject housing accommodation shall match the name used on the recorded deed for the real property;
(b) If the owner is a non-resident of the District of Columbia, the name and street address (not including mailbox services or post office box addresses) and any other contact information of the registered agent as required pursuant to D.C. Official Code § 42-903(b) or § 203 of this title, or if a registered agent is voluntarily maintained by a resident owner, the same information shall be provided; and
(c) The name, street address (not including mailbox services or post office box addresses), email address, and telephone number of any managing agent of the housing accommodation, if one is maintained.
4102.7

If a housing accommodation required to be registered under this chapter contains one (1) or more rental units excluded from coverage under the Act pursuant to § 205(e) of the Act (D.C. Official Code § 42-3502.05(e)) , or one (1) or more rental units exempt from the Rent Stabilization Program pursuant to § 205(a) of the Act (D.C. Official Code § 205(a)), the housing provider shall identify the excluded or exempt rental units on the Registration/Claim of Exemption Form for the housing accommodation and shall specify the basis under the Act on which any exemption is claimed. Any units exempted from the Rent Stabilization Program solely by reason of a tenant-specific subsidy shall be separately identified as exempt by an Amended Registration Form in accordance with § 4106.11.

4102.8

A housing provider registering under the Act shall submit to the Rent Administrator an original and two (2) copies of each Registration/Claim of Exemption Form to be filed.

4102.9

If a housing provider files a Registration/Claim of Exemption Form upon the termination of an exemption, documentation supporting the computation of the allowable rent for the formerly exempt unit, in accordance with § 209 of the Act (D.C. Official Code § 42-3502.09) and § 4203 of this chapter, shall be filed at the same time as the form.

4102.10

The Rent Administrator shall accept for filing, date-stamp, and, after a review of the filing, assign a registration or exemption number to each housing accommodation for which the Registration/Claim of Exemption Form meets the requirements of this chapter and shall promptly return to the housing provider the date-stamped copy of the form bearing the registration or exemption number.

4102.11

If the housing accommodation or any rental units being registered are covered by the Rent Stabilization Program, the registration number shall be identical to the housing business license number issued by the Department of Licensing and Consumer Protection (or the Department of Consumer and Regulatory Affairs, as applicable). If the housing accommodation is or any rental units being registered are claimed to be exempt from the Rent Stabilization Program, the Rent Administrator shall issue an exemption number in accordance with the procedures of the Rental Accommodations Division.

4102.12

Each Registration/Claim of Exemption Form for a housing accommodation that is covered by the Rent Stabilization Program shall include a computation of the housing provider's rate of return for the housing accommodation, in accordance with § 4209; provided, that a housing provider's registration shall not be deemed invalid by reason of a good faith error in the computation, nor shall supporting documentation be required to be filed with the Registration/Claim of Exemption Form.

D.C. Mun. Regs. tit. 14, r. 14-4102

Notice of Final Rulemaking published at 33 DCR 1336, 1374 (March 7, 1986); Final Rulemaking published at 68 DCR 12638 (12/3/2021); amended by Final Rulemaking published at 70 DCR 1710 (2/3/2023)
The District of Columbia Office of the Chief Financial Officer published a Notice of Public Interest at 44 DCR 2345 (April 18, 1997) which advised that "[t]he OFFICE OF TAX AND REVENUE will assume all of the duties and functions previously performed by the DEPARTMENT OF FINANCE AND REVENUE, as set forth in Commissioner"s Order 69-96, dated March 7, 1969." All references to the "Department of Finance and Revenue" in the original text of these regulations have been replaced with the "Office of Tax and Revenue."