LETTER OF TRANSMITTAL Hon. CARL ALBERT, COUNCIL OF THE DISTRICT OF COLUMBIA, Speaker of the House, U.S. House of Representatives, DEAR MR. SPEAKER: I have the honor to transmit to you, in accordance with Section 602 (c) of the D.C. Self Government and Governmental Reorganization Act, Public Law 93-198, a copy of an act adopted by the Council on July 29, 1975, and signed by the Mayor August 15, 1975. Act 1-46 will stabilize rents in the District of Columbia and establish a Rent Stabilization Commission, and other purposes. Attached to the act is a docket sheet for signature of the Clerk of the House by the expiration of the 30-day review period. In the event during this period the House adopts a resolution disapproving such act, please so advise the Council on the docket sheet, noting the resolu tion number and signature of the House Clerk. To begin the count of the 30-day review by Congress, it would be appreciated if your office would acknowledge receipt of this document on the tissue copy attached.. Sincerely yours, Enclosures. (III) STERLING TUCKER, Chairman. AN ACT 1-46, in the Council of the District of Columbia, August 15, 1975, To stabilize rents in the District of Columbia and to establish a Rent Stabilization Commission, and for other purposes Be it enacted by the Council of the District of Columbia, That this act may be cited as the "District of Columbia Rental Accommodations act of 1975". TITLE I—RENTAL ACCOMMODATIONS COMMISSION ESTABLISHMENT OF COMMISSION SEC. 101. (a) There is established for the District of Columbia a Rental Accommodations Commission (hereinafter in this act referred to as the "Commission") which shall consist of nine members to be appointed by the Mayor of the District of Columbia by and with the advice and consent of the Council of the District of Columbia. The Mayor shall make his initial appointments within 30 days after the effective date of this act. Three of the members of the Commission shall represent the interests of landlords, and each of the three shall be a landlord of at least one housing accommodation located in the District of Columbia. Three of the members shall be tenants who shall represent the interests of tenants. The rest of the members of the Commission shall be neither landlords nor tenants. All members of the Commission shall be residents of the District of Columbia. (b) Members of the Commission shall be appointed to serve for a two year term beginning on the effective date of this act. In the case of a vacancy in the membership of the Commission, a new member shall be appointed to serve out the term of the member whose vacancy gave rise to the appointment. The Mayor shall have the authority to remove from the Commission any member who fails to meet the qaulifications of a member or who fails to attend 70 percent of the regularly scheduled meetings held within any six month period. (c) Members of the Commission shall be entitled to receive compensation of $50.00 per day for each day spent in performing the duties of the Commission, except no member shall receive more than $5,200 under this subsection in any one calendar year. No compensation shall be paid to a member of the Commission who is also an officer or employee of the United States or the District of Columbia government. (d) Five members of the Commission shall constitute a quorum for the transaction of business so long as one of the five members is a landlord, one is a tenant, and two are neither landlords nor tenants. (e) The chairperson and vice-chairperson of the Commission shall be selected by the members of the Commission from among their number and shall be neither landlords nor tenants. DUTIES OF COMMISSION SEC. (a) The Commission shall-- (1) promulgate, amend, and rescind rules and procedures for the administration of this act; and (2) hear and decide appeals brought to it under section 204 and 212 of this act with respect to adjustments in the maximum rent allowable for a rental unit. (b) In addition the Commission shall, twice each year, submit to the Council of the District of Columbia a report on the trends, during the immediate preceding six months, of tax, operating, and maintenance costs (as they relate to housing accommodations in the District of Columbia) and a recommendation as to whether any adjustment should be made, as a result of such trends, in the formula contained. in section 204 for computing the rent ceiling. (c) (1) The Commission shall have the power to hold such hearings, sit and act at such times and places within the District of Columbia, administer such oaths, and require by subpoena or otherwise the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission may deem advisable in carrying out its functions under this act. (2) In the case of contumacy or refusal to obey a subpoena issued under this subsection by any person who resides, is found, or transacts business within the District of Columbia, the Superior Court of the District of Columbia, at the request of the Commission, shall have jurisdiction to issue such person an order requiring such person to appear before the Commission, there to produce evidence if so ordered, or there to give testimony touching upon the matter under inquiry. Any failure of such person to obey any such order of the Superior Court may be punished by the Superior Court as contempt thereof. (d) Upon the request of the chairperson, each department or entity of the District of Columbia government is authorized to furnish directly to the Commission assistance or information as may be necessary for the Commission to effectively carry out this act. RENTAL ACCOMMODATIONS OFFICE SEC. 103. (a) There is established as an agency of the District of Columbia government, within the executive office of the Mayor, a Rental Accommodations Office (hereinafter in this act referred to as the "Office") which shall have as its head a Rent Administrator to be appointed by the Mayor. (b) The Rent Administrator shall be a resident of the District of Columbia and shall be entitled to receive annual compensation (payable in regular installments) at a rate as may be established but no less than class GS-15 on the General Schedule under section 5332 of Title 5 of the United States Code. DUTIES OF THE RENT ADMINISTRATOR SEC. 104. (a) The Rent Administrator shall carry out, according to the rules and procedures established by the Commission, the rent stabilization program established under title II of this act. (b) The Rent Administrator may employ, within such funds as may be available to him, such personnel and consultants, including legal counsel, as are necessary to carry out provisions of this act. Such personnel and consultants shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. TITLE II-RENT STABILIZATION PROGRAM DEFINITIONS SEC. 201. For the purpose of this act (a) The term "Council" means the Council of the District of Columbia established under section 401 of the District of Columbia SelfGovernment and Governmental Reorganization Act. (b) The term "Mayor" means the Mayor of the District of Columbia established under section 421 of the District of Columbia SelfGovernment and Governmental Reorganization Act. (c) Except as provided in section 204 (d), the term "base rent" means the rent charged (on a monthly basis) for a rental unit on February 1, 1973; or, in the case of a rental unit not rented on February 1, 1973, the rent last charged (on a monthly basis) for that rental unit between January 1, 1972, and February 1, 1973; or, in the case of a rental unit which was not rented during the period begining January 1, 1972, and ending on February 1, 1973 or, if the landlord can show to the satisfaction of the Rent Administrator that the rent charged during that period cannot be determined, an appropriate rent as determined by the Rent Administrator. (d) The term "capital improvement" means a permanent improvement or renovation other than ordinary repair, replacement, or maintenance, the use of which will continue beyond the twelve month period beginning on the date of completion of such capital improve ment. (e) The term "housing accommodation" means any structure or building in the District of Columbia containing one or more rental units, and the land appurtenant thereto. Such term shall not include any hotel, motel, or other structure, including any room therein, used primarily for transient occupancy and in which at least 60 percent of the rooms devoted to living quarters for tenants or guests are used for transient occupancy. (f) The term "housing regulations" means the Housing Regulations of the District of Columbia as established by the Commissioners' Order dated August 11, 1955, as amended. (g) The term "initial leasing period" means that period during which the first tenant of a new rental unit or a rental unit covered by item (6) of subsection (a) of section 202 of this act rents such rental unit. (h) The term "landlord" means an owner, lessor, sublessor, assignee, or agent of any thereof or other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental unit, including any person who has an option to buy or who has entered into a contract |