Subchapter IX. Miscellaneous Provisions.
§ 42–3509.01. Penalties.
(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.
(a-1) Any housing provider who knowingly or willfully violates § 42-3505.31, or § 42-3505.01(a), regarding a prohibited eviction for the nonpayment of a late fee, shall be liable to the tenant for the amount by which the late fee exceeds the allowable late fee, or for treble that amount in the event of bad faith, and shall be subject to a civil fine of at least $100 and not more than $ 5,000 for each violation.
(a-2) A housing provider found to have violated any provision of section 533, section 534, or section 535, or section 304 of Title 14 of the Housing Regulations of the District of Columbia, issued August 11, 1955 (C.C. 55-1503; 14 DCMR § 304), shall be liable to the tenant for treble damages if the housing provider is found to have acted in bad faith.
(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.
(h) If a housing provider's challenge, pursuant to § 42-3502.24(h)(2), to a tenant's registration to establish elderly or disability status under § 42-3502.24(d) is determined to have been frivolous or made in bad faith, the housing provider shall be deemed to have made an unlawful demand for rent, and shall be held liable to the tenant, as applicable, for:
(1) At a minimum, an amount equal to 2% of the total annual current rent charged;
(2) At a maximum, an amount equal to the total annual current rent charged; and
(3) In addition to the penalties specified in paragraphs (1) and (2) of this subsection, treble damages based upon the amounts prescribed in those paragraphs.
§ 42–3509.02. Attorney’s fees.
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.
§ 42–3509.03. Supersedure.
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.
§ 42–3509.04. Service.
(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 60 calendar days after the notice of the increase is given to the tenant; provided, that the requirements of § 42-3505.54(b) are met.
§ 42–3509.05. [Reserved].
§ 42–3509.06. [Reserved].
§ 42–3509.07. Termination.
All subchapters of this chapter, except subchapters III and V and § 42-3509.08, shall terminate on December 31, 2030.
§ 42–3509.08. Inspection of rental housing.
(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.
(e) Not Funded.
(f) Not Funded.
§ 42–3509.09. Restrictions on tobacco smoking. [Repealed]
Repealed.
§ 42–3509.10. Fee for reduction of units.
(a) A housing provider who reduces the number of units in a housing accommodation containing more than 3 and fewer than 11 units, each with a separate certificate of occupancy, including vacant buildings, shall pay the Mayor a fee of 5% of the appraised value of the most valuable unit in the building multiplied by the multiplier calculated pursuant to subsection (b) of this section.
(b)(1) To calculate the multiplier, the Mayor shall subtract the number of remaining units from the number of existing units, and then, if the housing provider so elects, subtract the number of remaining units that are exempted units.
(2) For the purposes of this subsection, the term "exempted unit" means a unit that:
(A) Is rented to a low-income household;
(B) Is rented to a tenant who, as determined by the Mayor:
(i) Has maintained a rental unit in the building complex as the principal place of residence for at least one year prior to the housing provider's reduction of the number of units;
(ii) Is a domiciliary of the District; and
(iii) Is entitled to the possession, occupancy, or benefits of the rental unit;
(C) Is rented to a person who is an elderly tenant or a tenant with a disability, as determined by the Mayor under § 42-3502.24(d), that does not have a total annual household income, as determined by the Mayor, greater than 100% of the area median income, as that term is defined in § 42-2801(1); or
(D) Gains at least one additional bedroom in the process of the reduction of units.
(3) To qualify for an exemption under paragraph (1) of this subsection, a housing provider shall, for each exempted unit:
(A) Set the rent at no higher than:
(i) If seeking an exemption pursuant to paragraph (2)(A), (B), or (C) of this subsection, the rent level before the reduction in units or 30% of the tenant's income, whichever is lower; or
(ii) If seeking an exemption pursuant to paragraph (2)(D) of this subsection, an amount, determined by the Mayor through rulemaking, that is affordable to a household whose income does not exceed 100% of the area median income, as that term is defined in § 42-2801(1);
(B) Increase the rent by no more, and no more often, than the increases allowed under § 42-3502.08 for the duration of the tenant's tenancy or 5 years, whichever is longer; and
(C) Otherwise maintain the same lease terms as before the reduction in the number of units.
(4) The number calculated under paragraph (2) of this subsection shall not be less than zero.
(c) This section shall not apply to a building that the Mayor has determined to be a blighted vacant building, as that term is defined in § 42-3131.05(1).
(d) The Mayor shall deposit into the Housing Production Trust Fund, created pursuant to § 42-2802, all fees paid pursuant to this section as of April 16, 2020.
(e) For the purposes of this section, "low-income" means annual household income, as determined by the Mayor, no greater than 80% of the area median income, as defined in § 42-2801(1).
(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
