§ 42–3502.02. Powers and duties of Rental Housing Commission.

(a) The Rental Housing Commission shall:

(1) Possess sole authority to issue, amend, and rescind rules and procedures for the administration of this chapter except rules and procedures subject to § 2-1831.05(a)(7);

(2) Decide appeals brought to it from decisions of the Rent Administrator or the Office of Administrative Hearings, including appeals under the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, and the Rental Housing Act of 1980; and

(3) Certify and publish before February 1 of each year:

(A) The annual adjustment of general applicability of the rent charged for a rental unit under § 42-3502.06;

(B) The most recent annual cost-of-living adjustment of benefits for social security recipients established pursuant to section 415(i) of the Social Security Act, approved August 28, 1950 (64 Stat. 506; 42 U.S.C. § 415(i));

(C) The maximum annual rent adjustment that may be imposed on a unit occupied by an elderly tenant or tenant with a disability pursuant to § 42-3502.24(a); and

(D) The qualifying income for an elderly tenant or tenant with a disability to be exempt from an adjustment in the rent charged pursuant to §§ 42-3502.10, 42-3502.11, 42-3502.12, and 42-3502.14 and whose rent charged may not be increased under § 42-3502.15

(b)(1) The Rental Housing Commission may hold hearings, sit and act at times and places within the District, administer oaths, and require by subpoena or otherwise the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents as the Rental Housing Commission may consider advisable in carrying out its functions under this chapter.

(2) A majority of the Rental Housing Commissioners shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining Rental Housing Commissioners to exercise all the powers of the Rental Housing Commission.

(3) In the case of contumacy or refusal to obey a subpoena issued under paragraph (1) of this subsection by any person who resides in, is found in, or transacts business within the District, the Superior Court of the District of Columbia, at the written request of the Rental Housing Commission, shall issue an order requiring the contumacious person to appear before the Rental Housing Commission, to produce evidence if so ordered, or to give testimony touching upon the matter under inquiry. Any failure of the person to obey any order of the Superior Court of the District of Columbia may be punished by that Court for contempt.

(c) Upon the written request of the chairperson of the Rental Housing Commission, each department or entity of the District government may furnish directly to the Rental Housing Commission any assistance and information necessary for the Rental Housing Commission to carry out effectively this chapter.

(d) The Rental Housing Commission shall employ the staff necessary to carry out its functions. Of the staff employed, 3 shall be law clerks who shall assist each member of the Rental Housing Commission in the preparation of decisions and orders.

(e) All documents filed in any case before the Rental Housing Commission shall be available to the public for review, consistent with subchapter II of Chapter 5 of Title 2.

(July 17, 1985, D.C. Law 6-10, § 202, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 2(b), 34 DCR 5304; Apr. 9, 1997, D.C. Law 11-255, § 51(a), 44 DCR 1271; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Sept. 18, 2007, D.C. Law 17-20, § 2003(b), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 215(c), 56 DCR 1117; June 3, 2011, D.C. Law 18-377, § 19, 58 DCR 1174; Apr. 7, 2017, D.C. Law 21-239, § 3(b), 64 DCR 1588; Feb. 22, 2019, D.C. Law 22-200, § 2(d), 65 DCR 12066; Nov. 28, 2023, D.C. Law 25-65, § 2(b), 70 DCR 13822.)

Prior Codifications

1981 Ed., § 45-2512.

Section References

This section is referenced in § 42-3502.04.

Effect of Amendments

D.C. Law 16-145, in par. (a)(3), substituted “rent charged” for “rent ceiling”.

D.C. Law 17-20, in subsec. (d), substituted “The Department of Housing and Community Development” for “The Department of Consumer and Regulatory Affairs”.

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

D.C. Law 18-377, in subsec. (a)(1), inserted “except rules and procedures subject to § 2-1831.05(a)(7)”.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Applicability

Applicability of D.C. Law 22-200: Section 6(a) of D.C. Law 23-68 repealed § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.

Applicability of D.C. Law 22-200: Section 6(a) of D.C. Act 23-165 repealed, on an emergency basis, § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.

Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to subsection (d) of this section by § 2(d)(2) of D.C. Law 22-200 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 405(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 405(a)(1) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 405(b)(1) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 405(b)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 405(b)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 2(a) of Elderly Tenant and Tenant with a Disability Protection Emergency Amendment Act of 2017 (D.C. Act 22-4, Feb. 9, 2017, 64 DCR 1680).

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).

For temporary (90 day) amendment of section, see § 2003(b), of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2 of Rental Housing Commission Quorum Emergency Amendment Act of 2010 (D.C. Act 18-460, July 7, 2010, 57 DCR 6058).

For temporary (90 day) amendment of section, see § 520 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 520 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

For temporary (90 day) amendment of section, see § 2 of Rental Housing Commission Quorum Emergency Amendment Act of 2011 (D.C. Act 19-52, April 27, 2011, 58 DCR 3880).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 405(1) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 405(b)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

Section 2 of D.C. Law 18-231, in subsec. (b)(2), substituted “One member” for “A majority”.

Section 4(b) of D.C. Law 18-231 provided that the act shall expire after 225 days of its having taken effect.