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 Febnuary 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 beginng 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 tent 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

to buy any housing accommodation or rental unit with the intent to offer such housing accommodation or rental unit for rent.

(i) The term "person" means an individual, corporation, partnership, association, joint venture, business entity, or an organized group of individuals, and their successors and assignees.

(j) The term "related facility" means any facility, furnishing, or equipment made available to a tenant by a landlord, the use of which is authorized by the payment of the rent charged for a rental unit, including the use of any kitchen, bath, laundry facility, parking, and the use of common room, yard and other common area.

(k) The term "related services" means services provided by a landlord, or required by law or by the terms of a rental agreement to be provided by a landlord, to a tenant in connection with the use and occupancy of a rental unit, including repairs, decorating and maintenance, the provision of light, heat, hot and cold water, telephone answering and elevator services, janitor services, and the removal of trash and refuse.

(1) The term "rent" means the entire amount of money, money's worth, benefit, bonus, or gratuity demanded, received, or charged by a landlord as a condition of occupancy or use of a rental unit, its related services, and its related facilities.

(m) The term "rental unit" means any apartment, efficiency apartment, room, single-family house (and the land appurtenant thereto), suite of rooms, or duplex, which is rented or offered for rent for residential occupancy. Such term shall not include any room in a hotel, motel or other structure used primarily for transient occupancy. (n) The term "market value" standing alone means the greater of (1) the total purchase price most recently paid for a housing accommodation; or

(2) the estimated market value of such housing accommodation, for property assessment purposes, as determined by the Mayor. (0) The term "assessed market value" means the estimated market value of such housing accommodation, for property assessment purposes, as determined by the Mayor.

(p) The term "substantial rehabilitation" means any improvement to or renovation of a housing accommodation or a rental unit begun on or after February 1, 1973 for which the total expenditure equals 50 percent or more of the market value of the housing accommodation before such rehabilitation.

(q) The term "tenant" includes a tenant. subtenant, lessee. sublessee, or other person entitled to the possession, occupancy or the benefits thereof. of any rental unit.

(r) The term "maximum possible rental income" means the sum of the rents for all rental units, whether occupied or not, as of the date of the filing of the registration statement.

(s) The term "vacancy loss" shall be the amount of rent not collected (computed on an annual basis) due to vacant units: No amount shall be included for units occupied by a landlord or his employees or otherwise not offered for rent.

(t) The term "uncollected rent" shall be the amount of rents and other charges due but not collected from tenants minus the amount due and not collected from tenants whose location the landlord knows and from whom he has failed to attempt to recover the loss through

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legal action in the Superior Court of the District of Columbia or other appropriate forum after having had adequate opportunity to do so.

(u) The term "operating expenses" shall mean the expenses for the upkeep of the accommodation for any consecutive 12 month period in the 15 months immediately preceding the filing of the registration statement required by subsection (b) of section 202, including but not limited to expenses for salaries of on-site personnel, supplies, painting, maintenance and repairs, utilities, professional fees, on-site offices, and insurance.

(v) The term "management fee" shall be the amount paid to a managing agent and any pro rata salaries of off-site administrative personnel paid by the landlord.

(w) The term "property taxes" shall be the amount paid to the District of Columbia Treasurer for real property tax on the housing accommodation.

(x) The term "other income which can be derived from the housing accommodation" shall include but not be limited to fees; commissions; income from vending machines; income from laundry facilities; parking and recreational facilities; late charges; and kindred income which a landlord earns because of his ownership of a housing accommodation other than the gross rental charge.

REGISTRATION AND COVERAGE

SEC. 202 (a) Sections 203-212 of this act shall apply to each rental unit in the District of Columbia, except

(1) any rental unit in an establishment which has as its primary purpose the providing of diagnostic care and treatment of diseases, including but not limited to hospitals, convalescent homes, nursing homes, and personal care homes;

(2) any rental unit in any federally owned housing accommodation or in any housing accommodation with respect to which the mortgage or rent is federally subsidized;

(3) any rental unit in a housing accommodation for which the initial certificate of occupancy was issued after February 2, 1973 but such exception shall be effective only during the length of the initial leasing period or for the first year of tenancy, whichever is shorter;

(4) any dormitory of an institution of higher education, or a private boarding school, in which rooms are provided for students;

(5) any rental unit rented to another by the occupant of a housing accommodation of not more than two rental units, whether such occupant is the owner of such housing accommodation or a tenant who rents such housing accommodation; and

(6) any rental unit in any housing accommodation, for the length of the initial leasing period, or the first year of tenancy, whichever is shorter, which for the two years immediately preceeding the effective date of this act has been both vacant and not offered for rent, Provided, That, such housing accommodation is in substantial compliance with the housing regulations. (b) Within not more than 90 days following the effective date of this act each landlord shall file with the Rent Administrator, on a