D.C. Mun. Regs. tit. 14, r. 14-4899

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

Rule 14-4899 - DEFINITIONS

4899.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

"Act" means the Residential Drug-Related Evictions Re-enactment Act of 2000 (the "Act"), effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 42-3601 et seq.) (2001)

"Attorney General" means the Attorney General of the District of Columbia or his or her designee.

"Controlled dangerous substance" means any of the controlled dangerous substances as defined in D.C. Official Code § 48-901.02(4).

"Controlled Substances Act" means the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C.S. § 801 et seq.).

"Court" means the Landlord and Tenant Branch of the Civil Division of the Superior Court.

"Drug haven" means a housing accommodation, or land appurtenant to or common areas of a housing accommodation where drugs are illegally stored, manufactured, used, or distributed.

"Drug" means a controlled substance as defined in D.C. Official Code § 33-504(4) or the Controlled Substances Act.

"Housing accommodation" means a building that is or contains at least one rental unit and the land appurtenant to the building.

"Manufacture" shall have the same meaning as that term has in D.C. Official Code § 48-901.02(13) or the Controlled Substances Act.

"Nuisance" means a property that is used:

(a) By persons who assemble for the specific purpose of illegally using a controlled dangerous substance;

(b) For the illegal manufacture or distribution of:

(1) A controlled dangerous substance; or

(2) Drug paraphernalia, as defined in D.C. Official Code § 48-1101(3); or

(c) For the illegal storage or concealment of a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense:

(1) A controlled dangerous substance; or

(2) Drug paraphernalia, as defined in D.C. Official Code § 48 -1101(3).

"Occupant" means a person authorized by the tenant or housing provider to be on the premises of the rental unit.

"Rental unit" means an apartment, room, or part of a publicly or privately owned housing accommodation that is rented or offered for rent for residential occupancy, and the land appurtenant to the apartment, room, or part of the housing accommodation.

"Resident" means:

(1) any individual who is domiciled or maintains a place of abode within a housing accommodation, multifamily building, or a single complex of jointly managed multifamily buildings that is alleged to be a drug haven or nuisance;

(2) a member of a tenant's family who is identified on the tenant's lease or sublease for a housing accommodation that is alleged to be a drug haven or nuisance; or

(3) a nontenant who resides, with the permission of the tenant, within a tenant's housing accommodation that is alleged to be a drug haven or nuisance.

"Resident association" means an organization of residents of a multifamily building or a single complex of jointly managed multifamily buildings.

"Tenant" means a lessee, sublessee, or other person entitled to the possession or occupancy of a rental unit.

"Uniform" Controlled Substances Act means Chapter 9 of Title 48 of the D.C. Official Code.

D.C. Mun. Regs. tit. 14, r. 14-4899

Notice of Final Rulemaking published at 53 DCR 5044-5048 (June 23, 2006), incorporating by reference the text of Notice of Emergency and Proposed Rulemaking published at 53 DCR 933-937 (February 10, 2006)