(a) Any person who knowingly (1) demands or receives any rent for a rental unit in excess of the maximum allowable rent applicable to that rental unit under the provisions of subchapter II of this chapter, or (2) substantially reduces or eliminates related services previously provided for a rental unit, shall be held liable by the Rent Administrator or Rental Housing Commission, as applicable, for the amount by which the rent exceeds the applicable rent charged or for treble that amount (in the event of bad faith) and/or for a roll back of the rent to the amount the Rent Administrator or Rental Housing Commission determines.
(b) Any person who wilfully (1) collects a rent increase after it has been disapproved under this chapter, until and unless the disapproval has been reversed by a court of competent jurisdiction, (2) makes a false statement in any document filed under this chapter, (3) commits any other act in violation of any provision of this chapter or of any final administrative order issued under this chapter, or (4) fails to meet obligations required under this chapter shall be subject to a civil fine of not more than $5,000 for each violation.
(c) Any housing provider who has provided relocation assistance under this chapter may bring a civil action to recover the amount of relocation assistance paid to any person who was not eligible to receive the assistance.
(d) Any person who knowingly or wilfully makes a false or fraudulent application, report, or statement in order to obtain, or for the purpose of obtaining, any grant or payment under the Tenant Assistance Program, or any person ceasing to become eligible for the grant or payment and who does not immediately notify the Department of his or her ineligibility, shall be fined not less than $50 and not more than $5,000 for each offense. A person who knowingly and wilfully makes false or fraudulent reports or statements, or of failing to notify promptly the Department of the person's ineligibility, shall repay to the District government all amounts paid by the District government in reliance on the false or fraudulent application, report, or statement, or all amounts paid after eligibility ceases, and shall be liable for interest on the amounts at the rate of 1/2 of 1% per month until repaid.
(e) A housing provider who discriminates against a family receiving or eligible to receive Tenant Assistance Program assistance, an elderly tenant, or a family with children when renting housing accommodations shall be fined not more than $5,000 for each violation. Repeat violators shall be fined not more than $15,000 for each violation. Nothing in this subsection shall be construed as requiring the rental of a rental unit to a tenant with a child in the case of a single-room-occupancy rental unit designed for occupancy by a single adult living alone.
(f) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of subsections (b), (d), and (e) of this section, or any rules or regulations issued under the authority of these subsections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of these subsections shall be pursuant to Chapter 18 of Title 2.
(g) Any person who knowingly, wilfully, and in bad faith makes a false or fraudulent statement to receive a tax credit for not assessing capital improvement increases to an elderly tenant or tenant with a disability shall be subject to a fine of not more than $5,000 for each violation.
(July 17, 1985, D.C. Law 6-10, § 901, 32 DCR 3089; Oct. 5, 1985, D.C. Law 6-42, § 408, 32 DCR 4450; Feb. 24, 1987, D.C. Law 6-167, § 3, 33 DCR 6732; Oct. 2, 1987, D.C. Law 7-30, § 5, 34 DCR 5304; Mar. 8, 1991, D.C. Law 8-237, § 23, 38 DCR 314; Sept. 26, 1992, D.C. Law 9-154, § 2(c), 39 DCR 5673; Aug. 25, 1994, D.C. Law 10-155, § 2(e), 41 DCR 4873; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Apr. 24, 2007, D.C. Law 16-305, § 67(f), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2591.
Effect of Amendments
D.C. Law 16-145, in subsec. (a), substituted "rent charged" for "rent ceiling".
D.C. Law 16-305, in subsec. (g), substituted "tenant or tenant with a disability" for "or disabled tenant".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4 of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-167, see Historical and Statutory Notes following § 42-3502.05.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-154, see Historical and Statutory Notes following § 42-3502.06.
For legislative history of D.C. Law 10-155, see Historical and Statutory Notes following § 42-3508.06.
For Law 16-145, see notes following § 42-3502.02.
For Law 16-305, see notes following § 42-820.
Miscellaneous Notes
Application of Law 9-154: Section 3 of D.C. Law 9-154 provided that the act shall not apply to any increase in a rent ceiling for a rental unit, or to any increase in the rent charged for a rental unit, when the capital improvement petition has been approved by the Rent Administrator and the resultant rent increase was implemented prior to September 26, 1992.
Termination of Law 6-10: Section 907 of D.C. Law 6-10, as amended by § 2(d) of D.C. Law 8-48 and § 818 of D.C. Law 11-52, provided that all subchapters of the act, except III and V, shall terminate on December 31, 2000.
For temporary amendment to the termination provision of D.C. Law 6-10, see § 818 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
The Rent Administrator, Rental Housing Commission, or a court of competent jurisdiction may award reasonable attorney's fees to the prevailing party in any action under this chapter, except actions for eviction authorized under § 42-3505.01.
(July 17, 1985, D.C. Law 6-10, § 902, 32 DCR 3089.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2592.
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
Miscellaneous Notes
Termination of Law 6-10: See Historical and Statutory Notes following § 42- 3509.01.
This chapter shall be considered to supersede the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, and the Rental Housing Act of 1980, except that a petition filed with the Rent Administrator under the Rental Housing Act of 1980 shall be determined under the provisions of the Rental Housing Act of 1980.
(July 17, 1985, D.C. Law 6-10, § 903, 32 DCR 3089.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2593.
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
Miscellaneous Notes
Termination of Law 6-10: See Historical and Statutory Notes following § 42- 3509.01.
(a) Unless otherwise provided by Rental Housing Commission regulations, any information or document required to be served upon any person shall be served upon that person, or the representative designated by that person or by the law to receive service of the documents. When a party has appeared through a representative of record, service shall be made upon that representative. Service upon a person may be completed by any of the following ways:
(1) By handing the document to the person, by leaving it at the person's place of business with some responsible person in charge, or by leaving it at the person's usual place of residence with a person of suitable age and discretion;
(2) By telegram, when the content of the information or document is given to a telegraph company properly addressed and prepaid;
(3) By mail or deposit with the United States Postal Service properly stamped and addressed; or
(4) By any other means that is in conformity with an order of the Rental Housing Commission or the Rent Administrator in any proceeding.
(b) No rent increases, whether under this chapter, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, the Rental Housing Act of 1980, or any administrative decisions issued under these acts, shall be effective until the first day on which rent is normally paid occurring more than 30 days after notice of the increase is given to the tenant.
(July 17, 1985, D.C. Law 6-10, § 904, 32 DCR 3089.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2594.
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
Miscellaneous Notes
Termination of Law 6-10: See Historical and Statutory Notes following § 42- 3509.01.
All subchapters of this chapter, except subchapters III and V and § 42- 3509.08, shall terminate on December 31, 2020.
(July 17, 1985, D.C. Law 6-10, § 907, 32 DCR 3089; Oct. 19, 1989, D.C. Law 8-48, § 2(c), 36 DCR 5788; Sept. 26, 1995, D.C. Law 11-52, § 818, 42 DCR 3684; Oct. 19, 2000, D.C. Law 13-172, § 1202(b), 47 DCR 6308; July 22, 2005, D.C. Law 16-10, § 2, 52 DCR 5244; Mar. 21, 2009, D.C. Law 17-319, § 4(a), 56 DCR 214; Mar. 12, 2011, D.C. Law 18-328, § 2, 58 DCR 16; Sept. 26, 2012, D.C. Law 19-171, § 105, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-172 amended the termination date.
D.C. Law 16-10 rewrote the section which had read:
"All subchapters of this chapter, except subchapters III and V, shall terminate on December 31, 2005."
D.C. Law 17-319 substituted "except subchapters III and V and § 42-3509.08" for "except subchapters III and V".
D.C. Law 18-328 rewrote the section, which formerly read:
"All subchapters of this chapter, except subchapters III and V and § 42- 3509.08, shall terminate on December 31, 2010."
D.C. Law 19-171 inserted "§ 42-3509.08".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4(a) of Abatement of Nuisance Properties and Tenant Receivership Temporary amendment Act of 2008 (D.C. Law 17-237, October 21, 2008, law notification 55 DCR 11700).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 1202(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 1202(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment, see § 4(a) of Abatement of Nuisance Properties and Tenant Receivership Emergency Amendment Act of 2008 (D.C. Act 17-420, July 8, 2008, 55 DCR 7703).
For temporary (90 day) addition, see § 4(b) of Abatement of Nuisance Properties and Tenant Receivership Emergency Amendment Act of 2008 (D.C. Act 17-420, July 8, 2008, 55 DCR 7703).
For temporary (90 day) amendment of section, see § 4(a) of Abatement of Nuisance Properties and Tenant Receivership Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-563, October 27, 2008, 55 DCR 12019).
For temporary (90 day) addition, see § 4(b) of Abatement of Nuisance Properties and Tenant Receivership Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-563, October 27, 2008, 55 DCR 12019).
For temporary (90 day) amendment of section, see § 2 of Rental Housing Act Extension Emergency Amendment Act of 2010 (D.C. Act 18-675, December 28, 2010, 58 DCR 132).
For temporary (90 day) amendment of section, see § 2 of Rental Housing Act Extension Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-31, March 15, 2011, 58 DCR 2604).
Legislative History of Laws
For Law 13-172, see notes following § 42-3504.01.
Law 16-10, the "Rental Housing Act Extension Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-47, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 5, 2005, and May 3, 2005, respectively. Signed by the Mayor on May 18, 2005, it was assigned Act No. 16-74 and transmitted to both Houses of Congress for its review. D.C. Law 16-10 became effective on July 22, 2005.
For Law 17-319, see notes following § 42-3131.01.
Law 18-328, the "Rental Housing Act Extension Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-864, which was referred to the Committee on Housing and Workforce Development. The Bill was adopted on first and second readings on November 23, 2010, and December 7, 2010, respectively. Signed by the Mayor on December 7, 2010, it was assigned Act No. 18-650 and transmitted to both Houses of Congress for its review. D.C. Law 18-328 became effective on March 12, 2011.
For history of Law 19-171, see notes under § 42-815.02.
(a) Notwithstanding any other law or rule to the contrary, for the purpose of determining whether any housing accommodation is in compliance with applicable housing rules or construction code rules, the Mayor may enter upon and into any housing accommodation in the District, during all reasonable hours, to inspect the same; provided, that if a tenant of a housing accommodation does not give permission to inspect that portion of the premises under the tenant's exclusive control, the Mayor shall not enter that portion of the premises unless the Mayor has:
(1) A valid administrative search warrant pursuant to subsection (d) of this section which permits the inspection; or
(2) A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises to prevent an imminent danger to the public health or welfare.
(b) Any person who shall hinder, interfere with, or prevent any inspection authorized by this chapter shall, upon conviction thereof, be punished by a fine not exceeding $100, by imprisonment for a period not exceeding 3 months, or both.
(c) The Mayor may apply to a judge of the District of Columbia for an administrative search warrant to enter any premises to conduct any inspection authorized by subsection (a) of this section.
(d) A judge may issue the warrant if the judge finds that:
(1) The applicant is authorized or required by law to make the inspection;
(2) The applicant has demonstrated that the inspection of the premises is sought as a result of:
(A) Evidence of an existing violation of the housing regulations, codified in Title 14 of the District of Columbia Municipal Regulations, the construction codes, codified in Title 12 of the District of Columbia Municipal Regulations, or other law; or
(B) A general and neutral administrative plan to conduct periodic inspections relating to issuance or renewal of housing business licenses or for conducting fire or life safety inspections;
(3) The owner, tenant, or other individual in charge of the property has denied access to the property, or, after making a reasonable effort, the applicant has been unable to contact any of these individuals; and
(4) The inspection is sought for health or safety-related purposes.
(July 17, 1985, D.C. Law 6-10, § 908, as added Mar. 21, 2009, D.C. Law 17-319, § 4(b), 56 DCR 214.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition, see § 4(b) of Abatement of Nuisance Properties and Tenant Receivership Temporary amendment Act of 2008 (D.C. Law 17-237, October 21, 2008, law notification 55 DCR 11700).
Emergency Act Amendments
For temporary (90 day) addition, see § 4(b) of Abatement of Nuisance Properties and Tenant Receivership Emergency Amendment Act of 2008 (D.C. Act 17-420, July 8, 2008, 55 DCR 7703).
For temporary (90 day) addition, see § 4(b) of Abatement of Nuisance Properties and Tenant Receivership Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-563, October 27, 2008, 55 DCR 12019).
Legislative History of Laws
For Law 17-319, see notes following § 42-3131.01.
