This chapter may be cited as the “Office of the Chief Tenant Advocate Establishment Act”.
§ 42–3531.02. Purpose.
The purpose of this chapter is to establish the Office of the Tenant Advocate as an independent agency to advocate on behalf of the education of, and outreach to, tenants and the people of the District.
§ 42–3531.03. Findings.
The Council finds that, despite the fact that the District has some of the most comprehensive pro-tenant laws in the United States:
(1) Tenants in the District are under-informed of their rights.
(2) It is difficult for tenants to obtain information.
(3) Tenants cannot usually afford legal representation.
(4) Tenants are under-informed about dispute mediation and adjudication options available to tenants in the District through the courts and through the Office of the Attorney General.
(5) Few tenants have time for self-advocacy because of their full-time employment.
(6) Tenants in the District need an independent Chief Tenant Advocate to act on their behalf as repository of information and resources to help guide tenants through the landlord-tenant system in the District.
(7) The establishment of an independent Office of the Tenant Advocate will provide a valuable resource for the government and residents of the District.
§ 42–3531.04. Definitions.
For the purposes of this chapter, the term:
(1) “Chief” means Chief Tenant Advocate established by § 42-3531.06.
(1A) "Closure order" means any order by a District agency requiring relocation of tenants.
(2) “Office” means the Office of the Tenant Advocate established by § 42-3531.05.
(2A) "Owner" shall have the same meaning as provided in § 47-802(5).
(3) Repealed.
(4) “Tenant” and “tenant organization” shall have the same meaning as in § 42-3401.03(17) and (18), and shall include any other tenant organization.
§ 42–3531.05. Establishment of Office of the Tenant Advocate.
The Office of the Tenant Advocate is established as an independent agency within the District government.
§ 42–3531.06. Chief Tenant Advocate of the Office of the Tenant Advocate.
(a) There shall be a Chief Tenant Advocate who shall be responsible for the administration of the Office and implementation of the duties of the Office.
(b)(1) On or after October 1, 2007, the Chief shall be appointed by the Mayor with the advice and consent of the Council for a term of 3 years, unless sooner removed by the Mayor for cause. Any unexpired term as of October 1, 2007 shall expire on that date.
(2) A person appointed to fill a vacancy of this office shall be appointed only for the unexpired term of the Chief whose vacancy is being filled.
(c)(1) The Chief shall be a statutory officeholder in the Excepted Service pursuant to § 1-609.08 and shall receive annual compensation under the Excepted Service salary schedule in an amount determined by the Mayor. No employee of the Office, other than the Chief, shall receive annual compensation above the level of that received by a District employee at a grade 14 under the District service salary schedule.
(2) The Chief shall be a resident of the District of Columbia or become a resident not more than 180 days after the date of appointment, and shall remain a resident.
(d) The Office shall employ the staff necessary, including attorneys, to assist the Chief in carrying out his or her duties.
§ 42–3531.07. Duties of the Office of the Tenant Advocate.
The Office shall:
(1) Provide education and outreach to tenants and the community about laws, rules, and other policy matters involving rental housing, including tenant rights under the petition process and formation of tenant organizations;
(2) Represent the interests of tenants and tenant organizations in legislative, executive, and judicial issues, including advocating changes in laws and rules and reviewing landlord petitions on behalf of tenants;
(3) Advise tenants and tenant organizations on filing complaints and petitions, including petitions in response to disputes with landlords;
(4) Advise and assist tenants and tenant organizations at conciliation meetings;
(5)(A) Represent tenants, at its discretion and as it determines to be in the public interest, in Federal or District judicial or administrative proceedings;
(B) Provide an annual report to the Council on or before February 1 of each year setting forth each tenant request for representation, a description of the circumstances surrounding each request, whether or not the Office provided representation, and the outcome of cases where representation was provided;
(6) Organize tenant and tenant organizations participation in building-wide inspections;
(6A) Provide emergency housing and relocation assistance to qualified tenants, as determined by the Office, including payments for:
(A) The short-term relocation of tenants to hotels, motels, or other appropriate accommodations;
(B) The moving and storage of personal property;
(C) Rental application fees, security deposits, and utility deposits; and
(D) The first month’s rent;
(7) Operate a Tenant Phone Hotline and Tenant Center; and
(8) Publish a Tenant Bill of Rights, which shall be updated periodically, and noticed in the District of Columbia Register.
§ 42–3531.08. Establishment, purpose, and membership of the Tenant Advisory Council. [Repealed]
Repealed.
§ 42–3531.09. Housing Assistance Fund.
The Housing Assistance Fund established by § 42-3403.07 [repealed] shall be administered and managed by the Office of the Tenant Advocate.
§ 42–3531.10. Rulemaking authority.
The Office of the Chief Tenant Advocate shall promulgate rules, subject to Council approval, to implement the provisions of this chapter.
§ 42–3531.11. Reimbursement of emergency housing and relocation expenses.
(a) If the Office has provided emergency housing or relocation assistance, as authorized by § 42-3531.07(6A), the owner shall reimburse the District for the assistance, as described in subsection (b) of this section, and all reasonable administrative and incidental expenses incurred by the District in providing the assistance, if:
(1) A closure order requires the housing unit occupied by the tenant to be vacated and closed; and
(2) The conditions that created the emergency:
(A) Arose from circumstances within the control of the owner, including conditions arising from the failure to perform maintenance on the premises, affirmative acts of the owner, or termination of water service or utility services provided by the owner;
(B) Did not arise from an act of God;
(C) Arose from the actions of a person within the control of the owner; and
(D) Were not caused solely by actions of the tenant.
(b) The District may seek reimbursement from an owner for emergency housing and relocation expenses for:
(1) The short-term relocation of tenants to hotels, motels, or other appropriate accommodations for a period of up to 180 days;
(2) Actual moving costs;
(3) The storage of personal property for a period of up to 180 days;
(4) Rental application fees, security deposits, and utility deposits; and
(5) The first month's rent.
§ 42–3531.12. Assessment of expenses for emergency housing and relocation assistance.
(a)(1) The Chief shall submit a bill to the owner for the cost of providing emergency assistance or relocation assistance, including information on how the owner can pay the bill and, if the owner disputes the charge, how to contest the bill.
(2) The Chief may submit the bill to the owner by personal service or by sending it via first-class U.S. mail to the person who last appears as the owner of the real property on the tax roll on file with the Office of Tax and Revenue, to the last mailing address shown on the tax roll in accordance with § 42-405. The Chief may, by regulation, establish alternative methods of providing the bill to the owner.
(b) Within 30 calendar days after receipt of the bill, the owner shall:
(1) Pay the full amount of the bill; or
(2) Contest the bill and request a hearing to determine liability.
(c) If an owner fails to pay the full amount of the bill or to request a hearing within 30 days after receipt of the bill, the owner shall be liable for the full amount of the bill.
(d) For the purpose of this section, a mailed bill is presumed to have been received by the owner 7 calendar days after the date of mailing.
§ 42–3531.13. Hearing.
(a) A hearing to determine liability for a bill shall be held before an administrative law judge within the Office of Administrative Hearings and shall be conducted in accordance with § 2-509.
(b) If an owner who requests a hearing fails to appear at a hearing, the administrative law judge may proceed with the hearing and issue a final decision in the case.
(c)(1) The administrative law judge shall decide whether the owner's liability for the amount of the bill, in whole or in part, has been established by a preponderance of the evidence.
(2) If an owner is found liable for any portion of the bill, the administrative law judge may impose an additional penalty of up to twice the amount of the liability for the bill.
(d) If an administrative law judge issues an order finding an owner liable, the owner shall pay the amount due within 30 days after the issuance of the order.
§ 42–3531.14. Collection.
The Attorney General for the District of Columbia may bring any appropriate legal action, or defend any action, to collect the amount owed by an owner pursuant to this chapter.
§ 42–3531.15. Liens.
(a) The amount for which an owner has been found liable, including any other charges, costs, penalties, and interest, shall be a continuing and perpetual lien in favor of the District upon all real and personal property belonging to the person named in the notice and shall have the same force and effect as a lien created by judgment. Interest shall accrue as provided in subsection (f) of this section.
(b) The lien shall attach to all property belonging to the owner during the period of the lien, including any property acquired by the owner after the lien arises.
(c) The lien shall have priority over any other lien, except a lien for District taxes and District water charges; provided, that the lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic's lien, or other such creditor interested in the property, without notice, until notice of the lien is filed with the Recorder of Deeds. The lien shall be satisfied by payment of the amount of the lien to the agency that issued the notice.
(d) For reasonable cause shown, the Chief may abate the amount owed by the owner pursuant to this chapter.
(e)(1) As additional means for collection, the Chief may enforce payment of the fines, expenses, costs, penalties, interest, or other charges imposed against the real property in the same manner and under the same conditions that real property tax liens are enforced pursuant to Chapter 13A of Title 47.
(2) Proceeds collected from a sale pursuant to Chapter 13A of Title 47 shall be credited to the Emergency Housing and Relocation Assistance Fund established by § 42-3531.16.
(f) Interest on an amount due pursuant to this section shall be at the rate of 1 1/2% per month, and shall be prorated if interest is owed for a portion of a month.
§ 42–3531.16. Emergency Housing and Relocation Assistance Fund.
(a) There is established as a special fund the Emergency Housing and Relocation Assistance Fund ("Fund"), which shall be administered by the Office of the Tenant Advocate in accordance with subsections (c) and (d) of this section.
(b) Revenue from interest, costs, expenses, fees, fines, penalties, and other charges collected pursuant to §§ 42-3531.11 through 42-3531.15 shall be deposited in the Fund.
(c) Money in the Fund shall be used to offset some of the costs of providing emergency housing and relocation assistance.
(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
