Chapter 29: Rules for Rental Housing Cases

2920.1

Sections 2920 through 2942 shall govern procedures in rental housing cases, including rent stabilization cases under the Rental Housing Act and conversion and sale cases under the Rental Housing Conversion and Sale Act, at OAH.

2920.2

The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2920 through 2942.

2921.1

A party may begin a rent stabilization case by filing a petition with the Rent Administrator in accordance with 14 DCMR § 3901.

2921.2

For conversion and sale cases,

(a) An aggrieved owner, tenant, or tenant organization may begin a conversion or sale case by filing a petition for declaratory relief with the Conversion and Sale Administrator in accordance with § 503a of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.03a.

(b) A party aggrieved by the rejection of an application pursuant to the Rental Housing Conversion and Sale Act may begin a case by filing a petition for reconsideration with the Conversion and Sale Administrator in accordance with § 504 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.04.

(c) A party aggrieved by a temporary cease and desist order from unlawful practices under the Rental Housing Conversion and Sale Act may begin a case by filing a request for a hearing with the Conversion and Sale Administrator in accordance with § 506 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.06.

(d) An owner aggrieved by the revocation of certification for conversion, or a tenant association aggrieved by the revocation of registration of a tenant organization, may begin a case by filing a request for a hearing with the Conversion and Sale Administrator in accordance with § 507 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.07.

2921.3

The timeliness of the filing of any petition shall be measured from the date the Rent Administrator or the Conversion and Sale Administrator receives the petition for filing.

2921.4

For rent stabilization cases, the Rent Administrator may refuse to accept for filing a petition for rent stabilization cases as provided in 14 DCMR § 3901.

2921.5

After receiving the filing of a petition or request, the Rent Administrator or the Conversion and Sale Administrator shall forward the petition or request and all accompanying papers to OAH, together with a copy of the registration statement for the housing accommodation.

2921.6

When OAH receives a petition or request from the Rent Administrator or the Conversion and Sale Administrator, OAH shall open the case. The parties then shall file all papers and attachments at OAH in accordance with § 2811.

2922.1

Any petition or request that is filed on behalf of more than one person or entity shall individually name each person or entity.

2922.2

When neither the claim asserted nor the relief requested requires the participation of the individual tenant member, any tenant association may file and shall be granted party status to prosecute or defend a petition on behalf of any one or more of its members who have provided the association with written authorization to represent them in the action, or to seek on behalf of all members any relief available under the Rental Housing Act or the Rental Housing Conversion and Sale Act, as applicable.

2922.3

In order to establish the requisite standing to assert a claim in its name on behalf of its authorizing members in accordance with the Rental Housing Act or the Conversion and Sale Act, a tenant association that seeks to be named as a party in a petition or request shall file, along with the petition or request:

(a) A list of all tenants who are members of the tenant association and parties to the petition or request, including each member’s full name and unit number;

(b) Proof of tenancy for each tenant who is a member of the tenant association and seeks to be represented by it, by rent receipt, cancelled check, copy of lease agreement, or any other documentation accepted by the Rental Accommodations Division or the Rental Conversion and Sale Division, as applicable; and

(c) Written authorization from each tenant who is a member of the tenant association and seeks to be a party, giving the tenant association permission to represent the tenant.

2922.4

No inquiry into the membership of the association beyond the information required by § 2922.3 shall be permitted. Failure to provide the information in § 2922.3 is grounds to deny party status to a tenant association.

2922.5

Any tenant association that is a party to the action pursuant to § 2922.2 shall be listed in the caption.

2922.6

For rent stabilization cases, the housing provider as listed on the registration statement, if any, shall be a party, and shall be named in the caption. If a managing agent represents the housing provider in the proceeding, the managing agent also shall be a party, and shall be identified as the managing agent and named in the caption.

2922.7

For rental housing conversion and sale cases, in a petition for declaratory relief against an owner, the owner as listed on the certification statement for conversion or on the offer of sale, if any, shall be a party, and shall be named in the caption.

2923.1

OAH shall notify the parties of proceedings by first-class mail or by email.

2923.2

For rent stabilization cases, OAH shall mail a copy of any tenant petition by first-class mail or by email to any adverse party named in the tenant petition and to the housing provider listed on the registration statement for the housing accommodation.

2923.3

For rent stabilization cases, a housing provider who files a petition shall provide for each tenant in the housing accommodation one copy of the petition and one envelope addressed to each tenant by name, address, and rental unit, with first class mail postage prepaid. The envelope shall bear OAH’s return address unless the housing provider files a hardship petition or voluntary agreement. The envelopes for those petitions shall bear the return address of the Rent Administrator.

2923.4

For rent stabilization cases, if a housing provider files a petition for a building with ten (10) or more rental units, the housing provider shall provide a hard copy and computer file of a service list containing the name, address, and rental unit for each tenant. The computer file shall be in Microsoft Word format, arranged so that the list may be printed onto labels measuring one inch by two and five-eighths (2 5/8) inches.

2923.5

For conversion and sale cases involving a petition for declaratory relief against an owner, OAH shall mail a copy of any petition by first-class mail or by email to any adverse party named in the petition and, if needed, to the owner listed on the certification statement for conversion or on the offer of sale.

2924.1

For rent stabilization cases, every paper filed at OAH shall be served in accordance with § 904 of the Rental Housing Act (D.C. Official Code § 42-3509.04), as follows:

(a) By handing the paper 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;

(b) By telegram, when the content of the information or document is given to a telegraph company properly addressed and prepaid;

(c) By mail or deposit with the USPS properly stamped and addressed; or

(d) By any other means that is in conformity with an order of the Rental Housing Commission (Commission) or OAH in any proceeding.

2924.2

For conversion and sale cases, every paper filed at OAH shall be served in accordance with § 508 of the Rental Housing Conversion and Sale Act (D.C. Official Code § 42-3405.08), which allows papers to be served by registered mail or in any other authorized manner reasonably calculated to give actual notice.

2925.1

Section 2813 shall govern the calculation of deadlines. For rent stabilization cases, the timeliness of any appeal to the Commission shall be governed by the Commission Rules in 14 DCMR § 3802.

2926.1

For rent stabilization cases, the parties may request conciliation or arbitration of any dispute by the RAD in accordance with its regulations.

2926.2

The parties may request, or an Administrative Law Judge may order, mediation of any dispute pursuant to § 2820.

2927.1

An Administrative Law Judge may substitute or add a party under § 2807.1 if: a party dies; a party entity is dissolved or reorganized; a party entity’s ownership or interest changes; or, for rent stabilization cases, an amended registration statement for the housing accommodation is filed under 14 DCMR § 4103.

2927.2

If a party has been incorrectly named, the Administrative Law Judge may substitute or add the correct party under § 2807.1.

2928.1

Sections 2807.2 and 2807.3 shall govern motions for intervention.

2929.1

An Administrative Law Judge may consolidate (join) two (2) or more petitions if they present identical or similar issues, involve the same rental unit or housing accommodation, or involve other circumstances in which consolidation would be expedient and would not prejudice the parties. A party may file a motion to consolidate, or an Administrative Law Judge may consolidate, cases on his or her own motion.

2929.2

If the Administrative Law Judge determines that the issues raised in a petition or request may affect other tenants or all tenants in the housing accommodation, the Administrative Law Judge may expand the scope of the proceeding to include all affected tenants.

2929.3

Before expanding the scope of the proceeding, the Administrative Law Judge shall provide notice to the affected tenants and the housing provider or owner.

2929.4

Notice under § 2929.3 shall state the issues to be decided and shall advise the tenants that they have a right to participate in the proceedings and that any decision shall be binding on them.

2929.5

Tenants and the housing provider or owner may present arguments in support of or opposition to expanding the scope of the proceeding.

2929.6

A party may amend a petition to add additional allegations after the petition has been transferred to OAH, but before the hearing concludes, by moving to amend the petition with the presiding Administrative Law Judge. The motion shall state the allegations to be added and the factual basis for those allegations. No written motion to amend shall be considered unless it recites that the movant sought to obtain the consent of parties affected, and that the consent was granted or denied, including the identity of the party or parties who declined to consent. If the movant does not obtain a response from the opposing party, the movant shall demonstrate that the movant made a good faith effort in accordance with § 2817.5.

2929.7

In determining whether a motion to amend a petition should be granted, the Administrative Law Judge shall consider:

(a) the number of requests to amend;

(b) the length of time that the case has been pending;

(c) the presence of bad faith or dilatory reasons for the request;

(d) the merit of the proffered amendment;

(e) any prejudice to the non-moving party; and

(f) the orderly administration of justice.

2930.1

A petition received by OAH shall be treated as a request for a hearing. OAH shall schedule a status conference, a hearing, or mediation after receiving the petition. OAH shall notify the parties of the hearing date and of their right to obtain a lawyer at least fifteen (15) calendar days before a hearing.

2930.2

An Administrative Law Judge may dismiss any petition or any claim in a petition without holding a hearing if the Rental Housing Act or the Rental Housing Conversion and Sale Act, as applicable, does not provide relief for the claim(s). The Administrative Law Judge shall first give the parties notice and an opportunity to respond.

2931.1

For rent stabilization cases, if the Rent Administrator concludes after investigation that a housing provider has violated the Rental Housing Act, the Rent Administrator may file an order to show cause with OAH and shall serve the housing provider with a copy of the order to show cause.

2931.2

The order to show cause shall specify the sections of the Rental Housing Act or rules that the housing provider has allegedly violated and shall describe the evidence that supports the Rent Administrator’s assertions and the proposed corrective action or sanction.

2931.3

Once the Rent Administrator files the order to show cause, the case shall proceed under this chapter.

2932.1

The proponent of an order shall have the burden of proof.

2932.2

For rent stabilization cases:

(a) The tenant has the burden to prove the claims alleged in a tenant petition except that the housing provider has the burden to prove entitlement to any exemption under the Rental Housing Act.

(b) The housing provider has the burden to prove the claims alleged in a housing provider petition.

(c) In show cause hearings in rent stabilization cases, the burden of proof shall rest on the Rent Administrator.

(d) In retaliation cases, the tenant has the burden of proving that retaliation occurred or that a presumption applies. If a presumption applies, then the housing provider has the burden to rebut the presumption by clear and convincing evidence.

(e) In security deposit cases, if the tenant seeks an order to have the security deposit returned, the tenant shall prove the amount of the security deposit paid and that the security deposit was not returned. If the housing provider seeks an order to withhold all or a portion of the security deposit, the housing provider shall prove the reasons for the withholding.

2932.3

For conversion and sale cases:

(a) In cases involving petitions for declaratory relief, the petitioner has the burden to prove the claims alleged in the petition.

(b) In cases involving the rejection of an application, a temporary cease and desist order, or the revocation of a certificate or registration, the agency has the burden to prove facts justifying the action.

2932.4

Unless otherwise provided by law, a party shall prove each fact essential to his or her claim by a preponderance of the evidence so that the Administrative Law Judge finds that it is more likely than not that each fact is proven.

2933.1

Any party shall introduce a copy of that document into evidence the party who wishes the Administrative Law Judge to consider a document that is on file with the RAD, Conversion and Sale Division (CASD), or any other District of Columbia agency. The Administrative Law Judge shall admit the document into evidence if he or she finds that it is relevant and is an accurate copy of a document on file with the RAD, CASD, or other agency.

2933.2

A party can establish that a document is an accurate copy of a document on file with RAD, CASD, or other agency by:

(a) Providing a copy with a legible original file stamp;

(b) Providing a copy with a legible copy of the original file stamp;

(c) Providing a copy certified by the Rent Administrator, Conversion and Sale Administrator, or an authorized employee of RAD or CASD;

(d) Providing testimony or other evidence that the Administrative Law Judge finds satisfactory; or

(e) Consent of all parties to the admission of the document into evidence.

2934.1

In rent stabilization cases, the Clerk shall issue no more than three subpoenas to the tenant side and no more than three (3) subpoenas to the housing provider side under § 2824.5 to compel:

(a) The appearance at a hearing of any witnesses, including housing inspectors, with knowledge of conditions, repairs, or maintenance in a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(b) The production at or before a hearing of all records not created by a government agency, relating to conditions, repairs, or maintenance to a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(c) The production at or before a hearing of housing violation notices in the possession of the District of Columbia Department of Buildings or the District of Columbia Department of Licensing and Consumer Protection relating to a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator; and

(d) The production at or before a hearing of all records in a housing provider’s possession relating to any rent increases demanded or implemented for a party’s rental unit for the three-year (3) period immediately before the filing of the petition with the Rent Administrator.

2934.2

Section 2824 shall apply to all other subpoenas for witnesses and documents at hearings in rental housing cases.

2934.3

Section 2821 shall apply to discovery in all rental housing cases.

2935.1

Persons authorized to appear before OAH by §§ 2808 and 2810 may represent parties in rental housing cases.

2935.2

A tenant association may represent one or more tenants in any proceeding as follows:

(a) A statement shall be filed with OAH stating that the tenant consents to representation by the tenant association and the tenant association consents to represent the tenant;

(b) A tenant or a tenant association may revoke the consent by filing a statement to that effect;

(c) A tenant association shall designate one or more members or attorneys to represent the association and any of the tenants it represents;

(d) A tenant association may elect to proceed only in a representative capacity without being listed as a party or listed in the caption.

2935.3

The provisions of §§ 2808 and 2810 concerning discipline of persons appearing before OAH shall apply to all representatives in rental housing cases.

2935.4

If an Administrative Law Judge decides that a proceeding is so complex, or the potential liability is so great that a party should be represented by a lawyer, the Administrative Law Judge shall explain to the party the advantages of obtaining a lawyer and offer to continue the case to give the party an opportunity to obtain a lawyer.

2936.1

An Administrative Law Judge’s rulings in a rent stabilization proceeding ordinarily may not be appealed to the Commission until a final order is issued. Before a final order is issued, a party may appeal an order of the Administrative Law Judge only if the Administrative Law Judge certifies the ruling for appeal to the Commission.

2936.2

A party may move the Administrative Law Judge to certify to the Commission an appeal of any ruling other than a final order. Such an appeal is an “interlocutory appeal.”

2936.3

The Administrative Law Judge shall certify a ruling for interlocutory appeal only if he or she determines that the issue presented is of such importance to the proceeding that it requires the immediate attention of the Commission, and only if the following are shown:

(a) The ruling involves an important question of law or policy requiring interpretation of the Rental Housing Act, and about which there is substantial basis for difference of opinion; and

(b) Either of the following applies:

(1) An immediate ruling will materially advance the completion of the proceeding; or

(2) Denial of an immediate ruling will cause undue harm to the parties or the public.

2936.4

A party seeking review by interlocutory appeal shall file a motion for certification within five (5) calendar days of service of a ruling by the Administrative Law Judge. The opposing party shall have five (5) calendar days in which to respond. Unless extended by a written order, the Administrative Law Judge shall rule on the motion within ten (10) calendar days following the filing of any response.

2936.5

If the Administrative Law Judge declines to certify a ruling, the Commission may review that ruling on appeal from a final order.

2936.6

The Administrative Law Judge may stay the proceeding while an interlocutory appeal is pending.

2937.1

For rent stabilization cases, after the close of the record in a case involving a tenant or housing provider petition, the Administrative Law Judge shall issue a final order.

2937.2

For rental housing conversion and sale cases, after the close of the record in cases involving petitions for declaratory relief pursuant to D.C. Official Code § 42-3405.03a, the Administrative Law Judge shall issue a final order.

2937.3

For rental housing conversion and sale cases, after the close of the record in cases involving the rejection of applications pursuant to D.C. Official Code § 42-3405.04, temporary cease and desist orders pursuant to D.C. Official Code § 42-3405.06, or a revocation of certifications or registrations pursuant to D.C. Official Code § 42-3405.07, the Administrative Law Judge shall issue an initial decision, pursuant to D.C. Code § 42–3405.08.

2937.4

OAH shall serve all initial decisions or final orders, as applicable, on the parties by first-class mail or by email. OAH shall also serve:

(a) For rent stabilization cases, OAH also shall serve all final orders on the Rent Administrator and the Commission; or

(b) For conversion and sale cases, OAH shall serve all initial decisions and final orders on the Conversion and Sale Administrator.

2938.1

Motions for reconsideration of an initial decision, reconsideration of a final order, a new hearing, or relief from a final order shall be decided in accordance with § 2830.

2938.2

For rental housing conversion and sale cases, any party may request reconsideration of an initial decision issued pursuant to D.C. Official Code § 42–3405.08.

2938.3

(a) Motions for reconsideration of an initial decision shall be filed with OAH within ten (10) calendar days of the date of service of the initial decision.

(b) If any party files a motion for reconsideration of an initial decision within the ten (10) calendar day deadline, the Conversion and Sale Administrator cannot issue a final decision for purposes of appeal to the D.C. Court of Appeals until the Administrative Law Judge rules on the motion.

2938.4

If any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline specified in § 2830.3, an Order shall not be final for purposes of appeal to the Commission or the D.C. Court of Appeals, as applicable, until the Administrative Law Judge rules on the motion. The motion shall state whether an appeal has been filed with the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2938.5

Any motion for relief from final order has no effect on the deadline for appealing to the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide a motion for relief from final order absent a remand for that purpose.

2939.1

For rent stabilization cases, the Administrative Law Judge’s final order is appealable to the Commission. A party shall file a petition for review by the Commission within ten (10) business days of the date of service of the final order.

2939.2

For conversion and sale cases,

(a) In cases involving the rejection of applications pursuant to D.C. Official Code § 42-3405.04, temporary cease and desist orders pursuant to D.C. Official Code § 42-3405.06, or a revocation of certifications or registrations pursuant to D.C. Official Code § 42-3405.07, the Administrative Law Judge’s initial decision is not appealable to the D.C. Court of Appeals. If no party requests reconsideration within the ten (10) calendar day deadline, or following an Administrative Law Judge’s decision on reconsideration, the Conversion and Sale Administrator shall adopt and render the initial decision as a final decision and serve upon each party a final order pursuant to D.C. Official Code § 42-3405.08. The Conversion and Sale Administrator’s final order is appealable to the D.C. Court of Appeals;

(b) In cases involving petitions for declaratory relief pursuant to D.C. Official Code § 42-3405.03a, the Administrative Law Judge’s final order is appealable to the D.C. Court of Appeals; and

(c) For all appealable final orders, a party shall file a petition for review in the D.C. Court of Appeals within fifteen (15) calendar days of the date of service of the final order.

2940.1

The official record of a proceeding shall consist of the following:

(a) The final order and any other orders or notices of the Administrative Law Judge;

(b) The recordings or any transcripts of the proceedings before the Administrative Law Judge;

(c) All papers and exhibits offered into evidence at the hearing; and

(d) All papers filed by the parties or the Rent Administrator or Conversion and Sale Administrator, as applicable, at OAH.

2940.2

Documents attached to a petition or other filings shall be offered and received in evidence at a hearing before the Administrative Law Judge can use them to establish facts.

2941.1

All motions for an award of attorney’s fees shall be filed within thirty (30) calendar days of service of the final order. But if a timely motion for reconsideration is filed, a motion for an award of attorney’s fees shall be filed within thirty (30) days of the service date of the order deciding the motion.

2941.2

The motion shall state whether an appeal has been filed with the Commission. If an appeal has been filed, OAH has no jurisdiction to decide the motion and it shall be held in abeyance until all appeals of the final order are exhausted.

2941.3

If a party did not prevail before OAH but does so in an appeal to the Commission without remand, the party may file a motion for attorney’s fees incurred before OAH within thirty (30) calendar days of the service date of the Commission’s decision.

2941.4

A party moving for an award of attorney’s fees has the burden of proving the amount of the award with substantial evidence of the hours of services provided and the rates charged for those services. Motions for attorney’s fees shall be decided in accordance with the Commission’s standards as provided in Title 14 of the DCMR.

2942.1

In any case in which a tenant claims entitlement to interest on a security deposit under D.C. Official Code § 42-3502.17(b), the tenant shall produce evidence of the amount of the security deposit that was given to the housing provider, the date on which it was given, and amount of interest, if any, paid to the tenant.

2942.2

If the tenant meets the requirements of § 2924.1, the housing provider shall produce evidence of the amount of interest that was earned on the security deposit.

2942.3

If the housing provider fails to produce evidence of the amount of interest that was earned, or the security deposit was not held in an interest-bearing account, the Administrative Law Judge shall compute interest by applying the Superior Court of the District of Columbia judgment rate prevailing on January 1st and on July 1st for each six-month (6) period (or part thereof) of the tenancy.