Title 42, Real Property.

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 pro…

(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 pa…

All subchapters of this chapter, except subchapters III and V and § 42-3509.08, shall terminate on December 31, 2020.

(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, duri…

This chapter may be cited as the “Office of the Chief Tenant Advocate Establishment Act”.

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.

The Council finds that, despite the fact that the District has some of the most comprehensive pro-tenant laws in the United States: (a)(1) Tenants in the District are under-informed of their rights. (2) It is difficult for tenants to obtain information. (3) Tenants cannot usually…

For the purposes of this chapter, the term: (a)(1) “Chief” means Chief Tenant Advocate established by § 42-3531.06. (2) “Office” means the Office of the Tenant Advocate established by § 42-3531.05. (3) Repealed. (4) “Tenant” and “tenant organization” shall have the same meaning a…

The Office of the Tenant Advocate is established as an independent agency within the District government.

(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 …

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…

The Housing Assistance Fund established by § 42-3403.07 [repealed] shall be administered and managed by the Office of the Tenant Advocate.

On or before December 1, 2007, the Office of the Chief Tenant Advocate shall promulgate rules, subject to Council approval, to implement the provisions of this chapter.

For the purposes of this subchapter, the term: (1) “Civic association” means: (A) A nonprofit association, corporation, or other organization that is: (i) Comprised of residents of a community within which a nuisance is located; (ii) Operated exclusively for the promotion of soci…

(a) Notwithstanding any provision of § 16-1501, or § 42-3505.01, a housing provider may commence an action in the Court to recover possession of a rental unit or the Mayor may commence an action in the Court to evict a tenant or occupant in a rental unit. The following persons ma…

(a) After commencement of an action under § 42-3602 and upon request of a party, the Court shall hold a hearing to determine if a preliminary injunction should be granted to prevent a tenant from directly or indirectly maintaining a drug haven or nuisance. (b) The Court may grant…

(a)(1) Within 10 days of the issuance of the preliminary injunction, excluding Saturdays, Sundays, and legal holidays, the Court shall hold a full hearing on the merits of the eviction action. If a hearing for a preliminary injunction has not been requested, the Court shall exped…

The Court shall not enter a default judgment to evict a tenant or occupant who has failed to plead or otherwise defend unless, based upon evidence presented by the plaintiff, the Court determines that the rental unit is a drug haven or nuisance.

(a) To initiate an action pursuant to § 42-3602, an affected tenant, resident, or resident association may submit a petition accompanied by a complaint for review by the Mayor. The housing provider may be named as party plaintiff in the petition. The review of the petition by the…

(a) The Mayor shall establish within the Metropolitan Police Department a division to provide assistance to, supervision of, or protection to a plaintiff who has obtained an eviction order or other relief pursuant to this subchapter. (b) The Mayor shall report to the Council on a…

The Court may award court costs and reasonable attorney’s fees to a civic association, community association, or resident association that is the prevailing plaintiff in an action brought under this subchapter.

The provisions of this subchapter shall not limit the availability of other remedies under law or other equitable relief whether or not an adequate remedy exists at law.

(a) The Mayor shall issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve o…

The purpose of the appointment of a receiver under this chapter shall be to safeguard the health, safety, and security of the tenants of a rental housing accommodation if there exists a violation of District of Columbia or federal law which seriously threatens the tenant’s health…

(a)(1) A receiver may be appointed if a rental housing accommodation has been cited by the Department of Consumer and Regulatory Affairs for a violation of chapters 1 through 16 of Title 14 of the District of Columbia Municipal Regulations or Title 12 of the District of Columbia …

(a) Notwithstanding the availability of any other remedy, the Corporation Counsel may, in the name of the District of Columbia and based on the grounds set forth in § 42-3651.02, petition the Superior Court of the District of Columbia (“Court”) to appoint a receiver of the rents …

(a)(1) After a petition has been filed under § 42-3651.03, the Chief Judge of the Superior Court, or the Judge’s designee, shall immediately issue an order requiring the owner, agent, lessor, or manager, as respondent, to show cause why a receiver should not be appointed. The ord…

(a)(1) After a hearing, the Court may appoint a receiver for a rental housing accommodation or continue the appointment of a receiver made ex parte if it finds that the petitioner has proven, by a preponderance of the evidence, the existence of the grounds for receivership as set…

(a) A receiver shall: (1) Take charge of the operation and management of the rental housing accommodation and assume all rights to possess and use the building, fixtures, furnishings, records, and other related property and goods that the owner or property manager would have if t…

(a) Except as provided in subsection (b) of this section, a receivership shall terminate when: (1) The Court determines that the receivership is no longer necessary because the grounds on which the appointment of the receiver was based no longer exist, that the receiver has recei…

Within 30 calendar days after termination of a receivership, the receiver shall give the Court a complete accounting of all property with which he or she has been entrusted, all funds collected, and all expenses incurred.

For the purposes of this chapter, the term: (1) “Advertisement” means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. The term “advertisement” shall not include in-store merchandising aids or window signs. (2…

(a) At consummation, the consumer shall have the right to choose, if the property is lost, stolen, damaged, or destroyed, whether to be responsible for either a stipulated valuation agreed to at the time the contract is entered into or the fair market value of the property if, an…

(a) The lessor shall disclose to the consumer the information required by § 42-3671.04. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures. (b) The disclosures shall be made at or before co…

(a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) The number, amount, and timing of all lease payments necessary to acquire ownership of the property; (2) A statement that the consumer will not own the proper…

During the rental term, the lessor shall maintain the property in good working condition, including repairing or replacing, if repair cannot be completed within a reasonable time, any property which fails to perform as a result of a defect in the property not caused by harmful co…

A lease-purchase agreement shall not contain: (1) A confession of judgment; (2) A negotiable instrument; (3) A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor under the lease-purchase agreement; (4) A wage assign…

(a) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of: (1) All current and past due rental charges; (2) If the property has been picked up, the reasonable costs…

A lessor shall provide to the consumer a written receipt for each payment made by cash or money order.

(a) Renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures; provided, that renegotiation shall not i…

(a) If an advertisement for a lease-purchase agreement refers to, or states, the amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable: (1) That the trans…

(a) Each item displayed or offered under a lease-purchase agreement shall bear a tag or card that indicates: (1) The cash price of the item; (2) The amount of the periodic payment; (3) The total number and total amount of periodic payments necessary to acquire ownership; and (4) …

(a) A lessor who fails to comply with a requirement imposed by this chapter with respect to a consumer shall be liable to the consumer in an amount equal to the greater of: (1) The actual damages sustained by the consumer as a result of the violation, plus the costs of the action…

A civil action under this chapter may be brought in any court of competent jurisdiction within the later of one year after the date of the occurrence of any violation or 6 months after the lease-purchase agreement, together with any renewals or extensions thereof, ceases to be in…

(a) A lessor shall not be liable under § 42-3671.12 for a violation of this chapter if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, such as a clerical miscalculation, computer malfunctions, program…

(a) The Mayor shall review and revise the repayment structure of the Home Purchase Assistance Program ("Program"), established by Chapter 25 of Title 14 of the District of Columbia Municipal Regulations, to include greater flexibility in the Program by supplementing the Program w…