§ 42-3502.09. Rent charged upon termination of exemption and for newly covered rental units.

Current through October 23, 2012

(a) Except as provided in subsection (c) of this section, the rent charged for any rental unit in a housing accommodation exempted by § 42-3502.05, except subsection (a)(2) or (a)(7) of that section, upon the expiration or termination of the exemption, shall be the average rent charged during the last 6 consecutive months of the exemption, increased by no more than 5% of the average rent charged during the last 6 consecutive months of the exemption. The increase may be effected only in accordance with the procedures specified in §§ 42-3502.08 and 42-3509.04.

(b) A structure or building, including the land appurtenant, which is located in the District in which 1 or more rental units as defined in § 42- 3501.03(33) are established after July 17, 1985, shall subsequently be defined as a "housing accommodation" for the purposes of this chapter. If any rental unit in such a housing accommodation is not otherwise exempted by 1 of the provisions of § 42-3502.05, the rent charged for the initial leasing period or the first year of tenancy, whichever is shorter, shall be determined by the housing provider and is considered to be the equivalent of making the computations specified in § 42-3502.06.

(c) The rent charged for any rental unit exempted under § 42-3502.05(a)(5) upon the expiration or termination of the exemption shall be the rent charged on the date the unit became exempt plus each subsequent adjustment of general applicability authorized under § 42-3502.06(b).

                
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(July 17, 1985, D.C. Law 6-10, § 209, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Mar. 25, 2009, D.C. Law 17-353, § 184(d), 56 DCR 1117.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 45-2519.

Effect of Amendments

D.C. Law 16-145 substituted "rent charged" for "rent ceiling".

D.C. Law 17-353 validated a previously made technical correction in subsec. (c).

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.

For Law 16-145, see notes following § 42-3502.02.

For Law 17-353, see notes following § 42-1103.

Miscellaneous Notes

Termination of Law 6-10: See Historical and Statutory Notes following § 42- 3502.01.