Title 14 DCMR — HOUSING

14-1 ADMINISTRATION AND ENFORCEMENT

14 DCMR § 100 GENERAL PROVISIONS

100.1 The provisions of this Subtitle A (chapters 1-13) shall apply to every premises or part of any premises occupied (including those owned by the District of Columbia government), used, or held out for use as a place of abode for human beings.

100.2 The provisions of this subtitle are promulgated for the purpose of preserving and promoting the public health, safety, welfare, and morals through the abatement of certain conditions affecting residential buildings and areas, including dilapidation, inadequate maintenance, overcrowding, inadequate toilet facilities, inadequate bathing or washing facilities, inadequate heating, insufficient protection against fire hazards, inadequate lighting and ventilation, and other unsanitary or unsafe conditions.

100.3 Notwithstanding any other provision of this subtitle, the Mayor may delegate the authority to enforce these regulations to any agency that he or she deems appropriate.

100.4 Whenever any officer or department of the District government is referred to in this subtitle, the term shall include the agents of that officer or department.

100.5 Each section and subsection of this subtitle shall be independent of and severable from every other section or subsection, and the finding or holding of any section or subsection to be void, invalid, or ineffective for any cause shall not be deemed to affect any other section or subsection.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1104, 2101 and 2102, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 6 of the Regulation Enforcement and Fire Safety Amendment Act of 1979, D.C. Law 3-42, 26 DCR 2082, 2085-86 (November 9, 1979).

14 DCMR § 101 CIVIL ENFORCEMENT POLICY

101.1 The maintenance of leased or rental habitations in violation of the provisions of this subtitle, where those violations constitute a danger to the health, welfare, or safety of the occupants, is declared to be a public nuisance.

101.2 The abatement of the public nuisances referred to in subsection 101.1 by criminal prosecution or by compulsory repair, condemnation, and demolition alone has been and continues to be inadequate.

101.3 The public nuisances referred to in subsection 101.1 additionally cause specific, immediate, irreparable and continuing harm to the occupants of these habitations.

101.4 The public nuisances referred to in subsection 101.1 damage the quality of life and the mental development and well-being of the occupants, as well as their physical health and personal property, and this harm cannot be fully compensated for by an action for damages, rescission or equitable set-off for the reduction in rental value of the premises.

101.5 It is the purpose of this section to declare expressly a public policy in favor of speedy abatement of the public nuisances referred to in subsection 101.1, if necessary, by preliminary and permanent injunction issued by Courts of competent jurisdiction.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2901, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 102 ENFORCEMENT AND PENALTIES

102.1 Any person, other than a person licensed as a housing business under authority of D.C. Official Code § 47-2828 (2005 Repl.) and chapter 2 of this subtitle, who fails to comply with any provision of this subtitle after expiration of the time for compliance established in accordance with this subtitle shall, upon conviction, be punished by a fine not to exceed three hundred dollars ($300), or by imprisonment for not more than ninety (90) days, in lieu of, or in addition to, any fine, for such failure to comply.

102.2 No further penalties shall be imposed under subsection 102.1 for an offense during the period in which an appeal from a criminal conviction of that offense is pending.

102.3 Any person licensed as a housing business under authority of D.C. Official Code § 47-2828 (2005 Repl.) and chapter 2 of this subtitle, who fails to comply with any provision of this subtitle shall, upon conviction, be punished by a fine not to exceed three hundred dollars ($300) or imprisonment for not more than ninety (90) days for each such failure to comply.

102.4 Civil fines, penalties, and fees may be imposed as additional sanctions to criminal prosecution or other civil actions for a violation of this chapter or chapters 2 through 14 of this subtitle, pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code § 2-1801, et seq. (2007 Repl. & 2011 Supp.)). Adjudication of an infraction of this chapter or chapters 2 through 14 of this subtitle shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

102.5 In addition to other penalties authorized by statute or regulation, the code official may serve one (1) or more of the following notices, which may impose a fine or other penalty, on an owner of a property that is in violation of the provisions of the Housing Regulations:

(a) A notice of violation;

(b) A notice of infraction;

(d) Any other orders or notices authorized to be issued by the code official.

102.6 Any person, including a tenant, who causes a violation of any provision of this subtitle is subject to the same penalties as those provided in this section.

102.7 In the event of any failure to comply with any provision of this subtitle, each and every day such violation continues shall constitute a separate offense.

102.8 The penalties prescribed in subsections 102.1 and 102.3 shall be applicable to each separate offense, except as provided in subsection 102.2.

102.9 The violation of a provision of this subtitle or the failure to comply with a requirement of this subtitle shall also be grounds for the institution of proceedings for revocation of a license issued under chapter 3 of this subtitle, as provided in the General License Act (D.C. Official Code §§ 47-2801, et seq. (2005 Repl. & 2011 Supp.)).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2104, Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 4 of the Smoke Detector Act of 1978 Amendment Act of 1984, D. C. Law 5-139, 31 DCR 5751, 5754; and by section 489 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, 32 DCR 4450, 4482-83; and section 6 of the Abatement of Nuisance Properties and Tenant Receivership Amendment Act of 2008, D.C. Act 17-623, 56 DCR 214, 218 (January 9, 2009); as amended by Notice of Emergency Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9817 (November 18, 2011).

14 DCMR § 103 PLACARDING

103.1 If any premises (or part of any premises) occupied by a housing business does not comply with the provisions of this subtitle, or a violation of this subtitle is permitted to continue in the premises, the Director, after reasonable notice to the operator, in his or her discretion, may place upon the entrance to that part of the premises found to be in violation, a placard declaring the premises or part of the premises to be unfit for human habitation.

103.2 A placard, after being posted under the provisions of subsection 103.1, shall not be removed by any unauthorized person.

103.3 In the case of apartments and tenements only, thirty (30) days after the date of placarding under subsection 103.1, it shall be unlawful for any operator to permit the occupancy of or for any person to occupy that apartment or tenement (or the affected part of that apartment or tenement) until the placard is removed by the Director.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3301, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 104 RIGHT OF ENTRY BY GOVERNMENT OFFICIALS

104.1 Any duly designated agent of the District of Columbia may enter the premises of a housing business at all reasonable hours, for the purpose of enforcing this section, except as limited by other provisions of this section.

104.2 The District, both prior to the issuance of a housing business license and during the license period, may, at all reasonable hours, enter and inspect the premises occupied or to be occupied by a housing business, except as provided in subsection 104.3.

104.3 If it appears that any portion of a premises is under the exclusive control of a tenant, or if the operator of a housing business so claims, the housing inspector shall not enter that portion of the premises without first having obtained permission from the tenant or the tenant's agent, except as provided in § 104.4.

104.4 If a tenant of a housing business does not give permission to inspect that portion of the premises under the tenant's exclusive control, the housing inspector shall not enter that portion of the premises unless said inspector has:

(a) A valid administrative search warrant which permits the inspection pursuant to D.C. Official Code § 11-941 (2001) or D.C. Superior Court Civil Rule 204; or

(b) A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises in order to prevent an imminent danger to the public health or welfare.

104.5 When a duly designated agent of the District of Columbia presents a valid administrative search warrant that permits inspection of the premises under a tenant's exclusive control, the tenant of a housing business who refuses to give permission to inspect that portion of the premises shall be in violation of this section.

104.6 The refusal of any tenant to permit such an inspection shall not result in a revocation or suspension of the housing business, nor shall such refusal result in the assessment of penalties against the operator of a housing business license.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2103, 3104, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Final Rulemaking published at 49 DCR 8366 (August 30, 2002).

14 DCMR § 105 HOUSING AND CONSTRUCTION CODES VIOLATIONS

105.1 Whenever a duly designated agent of the District finds reasonable grounds to believe that there exists a violation of a provision of this subtitle or a provision of the International Property Maintenance Code, as amended by the District of Columbia Property Maintenance Code Supplement in Title 12 of the District of Columbia Municipal Regulations, he or she may, either singularly or in combination:

(a) Issue a notice of violation, which may afford the person responsible for the correction of the violation an opportunity to abate the violation;

(b) Issue a notice of infraction, assessing a fine for the presence of the violation;

(d) Issue any other order or notice authorized to be issued by the code official; or

(e) Effect summary correction of the violation, as authorized by law.

105.1a Notwithstanding any other provision of this section, whenever a duly designated agent of the District finds reasonable grounds to believe that there exists a violation of 16 DCMR §§ 3305.1(s), 3305.2(uu), or 3305.3(vvv), or any violation of 16 DCMR § 3305.1 that has not been abated within six (6) months, he or she shall notify the Office of the Attorney General of the matter and shall, either singularly or in combination:

(a) Issue a notice of violation, which may afford the person responsible for the correction of the violation an opportunity to abate the violation;

(b) Issue a notice of infraction, assessing a fine for the presence of the violation;

(d) Issue any other order or notice authorized to be issued by the code official; or

(e) Effect summary correction of the violation, as authorized by law.

105.1b On or before October 1 of each year, the Department shall submit a report to the Mayor and the Council that details, with respect to Subsection 105.1a, the number of notifications that were provided to the Office of the Attorney General, the number of notices of infraction and notices of violation that were issued, the total value of any fines collected, and the number of summary corrections completed during the prior year.

105.2 A notice of violation or order shall direct the discontinuance of the illegal action or condition or the abatement of the violation.

105.3 Except as provided in Subsection 105.1a, issuance of a notice of violation, notice of infraction, or combined notice of violation and notice of infraction pursuant to this section, prior to taking other enforcement action, is at the discretion of the code official. Failure to issue a notice of violation, notice of infraction, or combined notice of violation and notice of infraction shall not be a bar or a prerequisite to criminal prosecution, civil action, corrective action, or civil infraction proceeding based upon a violation of the Housing Regulations.

105.4 Each notice of violation shall:

(a) Be in writing:

(b) State the nature of the violation;

(c) Indicate the section or sections of this subtitle or the International Property Maintenance Code, as amended by the District of Columbia Property Maintenance Code Supplement being violated;

(d) Allow a reasonable time for the performance of any act required by the notice; and

(e) Be signed by the Director or the Director’s authorized agent.

105.5 Each notice shall be served upon the person or persons responsible for correcting the violation described in the notice.

105.6 Service of the notice may be effected upon the owner of the premises by those methods outlined in Section 3 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (34 Stat. 114; D.C. Official Code § 42-3131.03 (2010 Repl. & 2011 Supp.)).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1301, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 9817, 9819 (November 18, 2011); as amended by the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0287; 66 DCR 1650 (February 8, 2019)). District of Columbia Municipal Regulations Housing 14 DCMR § 105

14 DCMR § 106 NOTIFICATION OF TENANTS CONCERNING VIOLATIONS

106.1 After an inspection of a habitation, the Director shall provide the tenant of the habitation a copy of any notification with respect to that habitation issued to the owner pursuant to this subtitle.

106.2 The notification to the tenant shall state plainly and conspicuously that it is only for the tenant’s information; Provided, that if the notice places duties on the tenant, it shall state those duties.

106.3 In any instance where a violation of this subtitle directly involves more than one habitation, the Director shall post a copy of any notification issued to the owner pursuant to this chapter for a reasonable time in one or more locations within the building or buildings in which the deficiency exists. The locations for posting the notification shall be reasonably selected to give notice to all tenants affected.

106.4 No person shall alter, modify, destroy, or otherwise tamper with or mutilate a notification posted under this section.

106.5 Any tenant directly affected by the violation(s) shall, upon request to the Director, be sent a copy of the posted notification.

106.6 This section shall not be subject to any notice requirement of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2903(b), Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 107 APPEAL AND HEARING

107.1 Any owner, licensee, or operator of any premises subject to the provisions of this subtitle who is adversely affected by a determination made pursuant to this subtitle or title I or II of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 may file an appeal in writing with the Board of Appeals and Review.

107.2 The appeal shall be filed within ten (10) days after the date of service of the notice of violation unless, in the public interest, the notice of violation specifies a period of less than ten (10) days, but not less than twenty-four (24) hours, within which to file an appeal, except as provided in subsection 107.3.

107.3 If a request for a variance has been submitted to the Director in accordance with the provisions of section 109, the appeal shall be filed within ten (10) days after the date of service of the notice of the final determination on that request for a variance.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2703, Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 3 of Regulation No. 74-11, approved May 31, 1974, as further amended by section 489 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, 32 DCR 4450, 4482 (August 2, 1985).

14 DCMR § 108 DEPOSIT OF COLLATERAL FOR UNCORRECTED VIOLATIONS

108.1 If orders are issued for one (1) or more violations specified in subsection 108.2 or 108.3, and no appeal from the orders has been taken, and reinspection of the premises indicates that one or more of the items have not been corrected, then the Director or his or her authorized representative may issue a notice requiring the deposit of collateral for the uncorrected item or items.

108.2 The following violations of this subtitle shall be subject to the provisions of this section:

Bedding §§ 1005, 1104

Cleanliness and Sanitation § 800

Drainage § 703

Extermination § 805

Facilities for Food Preparation and Storage § 600

Gutters and Downspouts § 703

Heating § 501

Locks and Keys § 607

Mattresses § 607

Receptacles for Ashes, Garbage or Refuse § 803

Screening § 806

Sheds and Fences § 808

Storage of Ashes, Garbage or Refuse § 803

Unoccupied and Uncompleted Buildings § 900

Water Heating Facility § 606

Windows and Doors § 705

108.3 The Director may, with respect to residential property, enforce the following regulatory requirements by the use of the procedure authorized in this section as they are discovered in the course of standard housing inspections:

POLICE REGULATIONS

Safeguarding of unused or discarded refrigerators, iceboxes, freezer lockers, or other boxes or containers capable of confining children Art. 39, § 1

Keeping fowl without a permit Art. 18, § 7

Keeping pigeons without a permit Art. 18, § 10

HEALTH ORDINANCES

Obstructed pipes and drains § 10

(Health Regs.)

108.4 The Director may, with respect to residential property, enforce the following requirements as they are discovered in the course of standard housing inspections by using the procedure authorized in this section:

(a) Nuisances to be abated……….D.C. Official Code § 6-804 (2001); and

(b) Removal of weeds……….D.C. Official Code §§ 8-301, 8-302 (2001).

108.5 The notice authorized by this section shall:

(a) State the nature of the violation;

(b) Provide for a period of five (5) days after receipt of notice for the responsible person to deposit collateral as directed; and

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2801-2803, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 109 VARIANCES

109.1 Any owner, licensee, or operator required to perform an act by this subtitle may be excused by the Director or by the Board of Appeals and Review from the performance of that act, either in whole or in part, upon a finding by the Director or by the Board that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or impracticability of bringing the premises affected into full compliance with the requirements of this subtitle.

109.2 A variance may be granted only where, and to the extent, necessary to ameliorate exceptional or undue hardship and only when compensating factors are present which give adequate protection to the public health, welfare, safety, or morals, and the variance can be granted without impairing the intent and purposes of the housing program of the District of Columbia as embodied in this subtitle.

109.3 The owner, licensee, or operator may submit, on his or her own initiative, a written request for a variance setting forth the nature of the act required to be performed, the exceptional or undue hardship which would result from its performance, and any variance from the terms of the notice and requirements of this subtitle which the owner, licensee, or operator may seek.

109.4 Each request for a variance shall be filed with the Director within the period specified in the notice for compliance, but in no case more than thirty (30) days after the service of that notice.

109.5 The Director may refer requests for variances, without final decision, to the Board of Appeals and Review for the action of the Board.

109.6 A written record shall be maintained of each variance granted or denied, and the written record shall be available for inspection by the public.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2702, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 110 PERMITS FOR REPAIRS AND IMPROVEMENTS

110.1 Any repair or improvement which may be required by a notice issued under the authority of this subtitle for which a permit is required to be issued shall not be made until the District has issued a permit.

110.2 The permit shall not be conditioned on the making of any repair or improvement, except as required under this subtitle or in order to comply with a notice issued under the authority of this subtitle.

110.3 All work performed under a permit shall be done in accordance with all applicable laws and regulations. If there is any difference in standards between this subtitle and other applicable regulations of the District, the provisions of this subtitle shall apply.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2704, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 111 PROCEDURES REGARDING REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT

111.1 This section implements the policy of the District of Columbia on requests for reasonable accommodation in its rules, policies, and procedures for handicapped individuals as required by the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B). The policy of the District of Columbia is to facilitate housing for the handicapped and to comply fully with the spirit and the letter of the Fair Housing Act.

111.2 Any person eligible under the Fair Housing Act may request a reasonable accommodation as provided by the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), pursuant to the procedures set out in this section in lieu of the procedures that would otherwise apply to such requests under other chapters of this subtitle. A request for a reasonable accommodation does not affect a person’s obligations to act in compliance with other applicable District laws and regulations not at issue in the requested accommodation.

111.3 All requests for reasonable accommodation under the Fair Housing Act shall be submitted to the Director, Department of Consumer and Regulatory Affairs, 614 H Street, N.W., Room 1120, Washington, D.C. 20001, or such office as the District may assign or delegate.

111.4 All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:

(a) Name and address of person(s) requesting accommodation;

(b) Name and address of dwelling owner;

(d) Description of the requested accommodation and specific regulation or regulations for which accommodation is sought;

(e) Reason that the requested accommodation may be necessary for the person or persons with a handicap to use and enjoy the dwelling; and

(f) If the requested accommodation relates to the number of persons allowed to occupy a dwelling, the anticipated number of residents, including facility staff (if any).

111.5 The applicant shall mark as “CONFIDENTIAL” any information submitted with the application that the applicant believes should not be made public. The Director shall maintain this information in a confidential file separate from the application. Only the agency personnel explicitly authorized by the Director shall have access to the confidential file.

111.6 The Director, or his or her designee, or such other officer as the Director may assign or delegate, may conduct an appropriate inquiry into the request for reasonable accommodation and may:

(a) Grant the request;

(b) Grant the request subject to specified conditions; or

111.7 If necessary to reach a decision on the request for reasonable accommodation, the Director may request further information from the applicant consistent with the Act, specifying in detail the information required.

111.8 The Director may consult with other District agencies in assessing the impact of the requested accommodation on the rules, policies, and procedures of the District.

111.9 The Director shall issue a written final decision on the request not more than forty-five (45) days after receiving written request for reasonable accommodation; Provided that, in the event that the Director requests further information under subsection 111.7, the running of this period shall be tolled until the applicant responds to the request.

111.10 The Director may consider the following criteria when deciding whether a request for accommodation is reasonable:

(a) Whether the requested accommodation would require a fundamental alteration of a legitimate District policy; and

(b) Whether the requested accommodation would impose undue financial or administrative burdens on the District government.

111.11 The Director shall set forth in writing the decision on the request for reasonable accommodation. If the Director denies the request in whole or in part, the Director shall explain in detail the basis of the decision, including the Director’s findings on the criteria set forth in subsection 111.10. The Director’s decision and notice shall be sent to the applicant by certified mail.

111.12 If the Director fails to render his or her decision on a request for reasonable accommodation within the time allotted by subsection 111.9, the request shall be deemed granted.

111.13 The Director’s decision pursuant to subsections 111.11 or 111.12 shall be deemed a final decision of the District of Columbia government, and, therefore, there shall not be any further resort to administrative remedies.

111.14 The Director shall maintain a file of all requests for reasonable accommodation under the Fair Housing Act and a file of all decisions made on such requests. The file may be reviewed in the Office of the Director upon request during regular business hours, or such other Office as the District may delegate; provided, however, that any material identified as CONFIDENTIAL by the applicant as permitted by subsection 111.4 shall not be made available for public inspection.

111.15 Upon written notice to the Director, an applicant for a reasonable accommodation may withdraw the request without prejudice.

111.16 While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the dwelling that is the subject of the request shall remain in full force and effect.

111.17 The provisions of this section shall apply only to requests for reasonable accommodation made after November 13, 1998. Any person who has previously submitted a request for reasonable accommodation may resubmit the request for processing pursuant to the procedure set forth in this section.

History

SOURCE: Final Rulemaking Notice published at 45 DCR 8057 (November 13, 1998); the. Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B); Part II (e) of Reorganization Plan No. 1 of 1982, effective July 3, 1982 (D.C. Official Code Vol. 3 at 362-63 (2001), Reorganization Plan No. 1 of 1983, effective March 31, 1983 (D.C. Official Code Vol. 3 at 367-70 and a Stipulated Agreement between the District of Columbia and the United States Department of Justice entered into on September 30, 1997.

14 DCMR § 112 [RESERVED]

14 DCMR § 113 [RESERVED]

14 DCMR § 114 [RESERVED]

14 DCMR § 115 IMMINENTLY DANGEROUS PREMISES

115.1 If any residential premises, or part thereof, presents an imminent danger to the inhabitants or the surrounding community because it has been determined that it is an unsafe structure, a structure unfit for human occupancy, an unlawful structure, or a structure in which there is unsafe equipment, the Director may order the structure closed and barricaded. If the owner fails to carry out the Director’s order within forty-eight (48) hours after service of notice, the Director may order the structure barricaded and may assess all reasonable costs of barricading the structure and all expenses incident thereto, including, but not limited to, administrative costs, occupant relocation costs including temporary housing, security deposits and the first month’s rent if required, costs associated with cleaning the premises as defined by this subtitle, utility removal costs, court costs, fines, and penalties, as an assessment against the property.

115.2 All assessments authorized to be levied by the District to reimburse it for money expended to remove imminently dangerous premises pursuant to this section shall bear interest at the rate of one and one-half percent (1½ %) per month or part of a month from the date the assessment was levied. If any part of the assessment remains unpaid after the expiration of sixty (60) days from the date the assessment was levied, the property against which the assessment was levied may be sold for the outstanding assessment, plus interest and penalties, at the next ensuing tax sale, but no later than six (6) months from the expiration of sixty (60) days from the date of the assessment in the same manner and under the same conditions as property sold for delinquent property taxes, if the assessment plus interest is not paid in full prior to the sale.

115.3 For the purposes of any property sold pursuant to subsection 115.2, the redemption period shall be six (6) months.

115.4 Monies in the revolving fund established by section 1(b)(1) of An Act to provide for the abatement of nuisances in the District of Columbia, and by the Commissioners of the District, and for other purposes, approved April 14, 1906, 34 Stat. 114; D.C. Official Code § 6-711.01(b)(1) (2001), shall be available to cover the costs incidental to carrying out the actions authorized by this section.

115.5 All monies payable to the District pursuant to this section shall be deposited in the revolving fund referenced in subsection 115.4.

History

SOURCE: Section 2 of the Imminently Dangerous Premises Amendment Act of 1994, D.C. Law 10-157, 41 DCR 4878 (July 22, 1994).

14 DCMR § 199 DEFINITIONS

199.1 For the purpose of chapters 1 through 19 of this subtitle (the District of Columbia Housing Code), the following words and terms shall have the meanings ascribed:

Apartment - one or more habitable rooms with kitchen and bathroom facilities exclusively for the use of and under the control of the occupant of the room(s).

Apartment house - any building or part of a building in which there are three (3) or more apartments, as defined in this section, which are occupied, or offered for occupancy, for consideration; or three (3) or more apartments plus one or more bachelor apartment(s).

Ashes - the residue from the burning of wood, coal, coke, or other combustible material, and includes household incinerator ashes, or oyster or clamshells.

Bachelor apartment - one or more habitable rooms with bathroom facilities exclusively for the use of and under the control of the occupant of the room(s), in a building containing three (3) or more apartments as defined in this section; provided, that in that building no kitchen facilities or privileges are available to or used by the occupant of the bachelor apartment. For the purpose of this subtitle, a bachelor apartment shall be considered a dwelling unit.

Bathing facility - either a bathtub or a shower.

Bathroom - any room or compartment containing a water closet, shower, or bathtub, or any combination of those facilities.

Board of Appeals and Review - the District of Columbia Board of Appeals and Review established by Mayor’s Order 96-27, effective March 5, 1996.

Boarding house - any building or part of a building, other than a hotel, used as, maintained as, advertised as, or held out to be an enclosure where meals or lunches are furnished for a consideration to five (5) or more transients who have sleeping accommodations upon the premises, or to five (5) or more boarders.

Chief of Police - the Chief of Police of the District of Columbia, or his or her agent.

Common space - all portions of the premises used in common by the occupants of a building housing more than one habitation and not under the exclusive control of the tenant of any one habitation.

Custodial care - the care of persons who may be dangerous to themselves or others, or who are alcoholics or drug addicts. This care may include any or all of the following procedures:

(a) Giving of bedside care;

(b) Administration of medicines;

(d) Carrying out of treatments prescribed by a physician.

Dietetic facilities - any place where food, drinks, or refreshments are prepared, stored, or served; and any place or room where utensils are washed, rinsed, sterilized, or stored ready for use.

Director - the Director of the agency of the District of Columbia to whom authority and responsibility for the implementation and enforcement of any provision of this subtitle has been delegated by the Mayor.

Domiciliary care - the care required by a person because of an infirmity, chronic disease, or advancing age. This care may include any or all of the following procedures:

(a) Personal care;

(b) Provision of special diets;

(d) Giving of bedside care; or

(e) Assistance in rising, feeding, dressing, walking, toileting, or any other ordinary activity of life.

Dwelling - a residential building used or intended to be used for human habitation by members of not more than one family.

Dwelling, multiple - any residential building containing three (3) or more dwelling units, three (3) or more rooming units, or any combination of dwelling or rooming units totaling three (3) or more.

Dwelling, two family - a residential building used or intended to be used for human habitation by not more than two (2) families, each with separate household arrangements.

Dwelling unit - any habitable room or group of habitable rooms located within a residential building and forming a single unit which is used or intended to be used for living, sleeping, and the preparation and eating of meals. For purposes of this subtitle, “dwelling unit” includes bachelor apartment.

Eating, drinking, or cooking utensils - any kitchenware, tableware, cutlery, glassware, utensils, containers, or other equipment with which food or drink comes in contact during preparation, serving, or storage.

Exterior Surface - exterior surfaces readily accessible to children under the age of eight (8) years for any dwelling, dwelling unit, or other structure on residential premises including publicly owned residential property. Readily accessible exterior surfaces shall specifically include doors, door frames, railings, steps, window frames and sills.

Family - as used in this subtitle, the term “family” includes, but is not limited to, a single person living alone.

Fire Chief - the Fire Chief of the District of Columbia or his or her agent.

Food Handler - any person who handles food or drink during the preparation or serving of the food or drink, or who comes in contact with any eating, drinking, or cooking utensils.

Garbage - the animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food.

Habitable room - an undivided enclosed space which has sufficient light and ventilation, protection against the elements, and of a ceiling height to comply with this subtitle, and which is properly located with reference to the ground surface to comply with this subtitle.

Habitable rooms include rooms used for living or sleeping, and rooms in dwelling units used for the preparation or eating of meals, but do not include attics, cellars, closets, corridors, hallways, laundries, serving or storage pantries, bathrooms, or similar places.

Habitation - any place used as a dwelling unit or rooming unit.

Hotel - any building or part of a building where not less than thirty (30) habitable rooms are reserved exclusively for transient guests, and where meals are prepared in a kitchen on the premises by the management or a concessionaire of the management to be eaten in a dining room accommodating simultaneously not less than thirty (30) persons (which dining room shall be communicating with the lobby).

If kitchen or dining room facilities are operated by a concessionaire, the hotel licensee and its manager shall be liable for compliance with all regulations applicable to the kitchen and dining area, including the penalties under those regulations, unless otherwise specifically provided in this subtitle.

Interior surface - any surface in the interior of any residential building, including, but not limited to, any portion of a window, window frame, door, door frame, wall, ceiling, stair, rail, spindle, balustrade, or other guard or appurtenance.

Motel - a building containing not less than thirty (30) non-connecting habitable rooms, suites, or combinations of rooms and suites reserved exclusively for transient guests. Each room or suite must have a private bath and at least one (1) private parking space. The term “motel" shall include motor courts, tourist courts, and motor lodges.

Nurse’s aide - anyone who through an in-service program has been trained to give to convalescents services which do not require the skills of a professional or practical nurse.

Nursing care - care required by a person because of a mental or physical condition during recovery from an injury or disease, or during delivery or seventy-two (72) hours after delivery. This care may include any or all of the following procedures:

(a) Giving of bedside care;

(b) Administration of medicines;

(d) Application of dressings and bandages; or

(e) Carrying out of treatments prescribed by a physician.

Occupant - any person over one year of age, living, sleeping, cooking, or eating in, or having actual possession of a habitation.

Operator - the licensee of any premises subject to being licensed under the provisions of the License Act of July 1, 1902, as amended (Title 47, Chapter 28, D.C. Official Code (2001), or the agent of a licensee appointed to conduct the business of the licensee.

Owner - any person who, alone or jointly or severally with others, meets either of the following criteria:

(a) Has legal title to any building arranged, designed, or used (in whole or in part) to house one or more habitations; or

(b) Has charge, care, or control of any building arranged, designed or used (in whole or in part) to house one or more habitations, as owner or agent of the owner, or as a fiduciary of the estate of the owner or any officer appointed by the court. Any persons representing the actual owner shall be bound to comply with the terms of this subtitle, and any notice or rules and regulations issued pursuant to this subtitle, to the same extent as if he or she were the owner.

Person - any individual, firm, partnership, corporation, company, or association; and includes any personal representative, trustee, receiver, assignee or other similar representative. In determining permissible occupancy only those persons over one year of age shall be considered.

Physician - a person licensed to practice the healing art in the District of Columbia.

Practical nurse - a person who has graduated from a school of practical nursing approved by the National Association of Practical Nurse Education, or who has attended at least one year of an approved school of professional nursing, or who is licensed in a state as a practical nurse.

Premises - a building, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to that building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which the building is located.

Professional nurse - a person who is currently registered by the Nurses’ Examining Board of the District of Columbia to practice professional nursing in the District of Columbia.

Refuse - any solid household wastes excepting ashes, dead animals, garbage, or human excreta.

Resident - a person who makes the District of Columbia his or her principal place of abode.

Residential building - any building which is wholly or partly used or intended to be used for living and sleeping by human occupants.

Residential premises - any building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located.

Rooming house - any building or part of a building, other than a hotel or a motel, containing sleeping accommodations occupied for a consideration by or offered for occupancy for a consideration to five (5) or more persons who are not members of the immediate family of the owner or lessee of the building or part of the building, and which accommodations are not under the exclusive control of the occupants of the accommodations.

Rooming unit - any habitable room or group of habitable rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for the preparation or eating of meals.

Service of notice - the owner or authorized agent shall be notified by personal service or by registered mail to the last known address and by conspicuous posting on the property. If the owner or address is unknown, or cannot be located, notice shall be provided by conspicuous posting on the property. (D.C. Law 10-157)

Structure unfit for human occupancy - a structure or surrounding area that is unsafe, unlawful, in a serious state of disrepair, unsanitary, or vermin or rat infested; or that contains filth or contamination, lacks ventilation, illumination, sanitary or heating facilities, or other equipment or maintenance required by this subtitle; or that constitutes a hazard to its occupants or to the public. (D.C. Law 10-157)

Tenant - any person who holds or possesses a habitation in subordination to the title of the owner of the premises in which such habitation is located, with the consent of such owner.

Tenement - a dwelling unit consisting of one or more habitable rooms under the exclusive control of the tenant of each dwelling, who does not also have in connection with the dwelling unit bathroom facilities under his or her exclusive control. The term “tenement” shall not include “apartment” or “bachelor apartment,” as defined in this chapter.

Tenement house - any building or part of a building containing three (3) or more tenements occupied or offered for occupancy for a consideration; or any building or part of a building containing a combination of three (3) or more tenements and apartments, of which not more than two (2) are apartments, occupied or offered for occupancy for a consideration.

Transient - any person living in a rooming unit for a period of not more than five (5) consecutive days during any one stay in that unit.

Unlawful structure - a structure found in whole or in part to be occupied by more persons than permitted by this subtitle, that was erected, altered, or occupied contrary to District law or in which unlawful activity is taking place. (D.C. Law 10-157)

Unsafe equipment - any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, fire extinguishers, smoke detectors, or other equipment on the premises or within the structure that is in such a state of disrepair or condition that it is a hazard to the life, health, safety, or property of occupants of the structure or premises, or to the public. (D.C. Law 10-157)

Unsafe structure - a structure which, all or part thereof, is found to be dangerous to the life, health, safety, and property of its occupants or the public owing to the lack of minimum safeguards for protection from fire as required in this chapter; or that contains unsafe equipment; or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is reasonably likely. (D.C. Law 10-157)

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1102, Commissioners’ Order 55-1503 (August 11, 1953); as amended by: Commissioners’ Order 63-1354, dated June 6, 1963, 9 DCR 276 (June 24, 1963; section 1 of the Order of the Commissioner, dated March 27, 1970, 16 DCR 386 (April 20, 1970); section 1 of Regulation No. 73-7, approved April 12, 1973 (19 DCR 931); section 201 of the Community Residence Facilities Licensure Act of 1977, D.C. Law 2-35, 24 DCR 4056, incorporating by reference from the text of D.C. Act 2-68, 24 DCR 1458, 1514 (August 9, 1977); section 2 of the Lead-Based Poisoning Prevention Act of 1983, D.C. Law 5-35, 42 DCR 5407, incorporating by reference from the text of D.C. Act 5-57, 30 DCR 4156 (August 19, 1983); and section 2 of the Imminently Dangerous Premises Amendment Act of 1994, D.C. Law 10-157, 41 DCR 6392, incorporating by reference the text of D.C. Act 10-275, 41 DCR 4878, 4879 (July 22, 1994).

14-2 HOUSING BASIC BUSINESS LICENSES

14 DCMR § 200 GENERAL LICENSING REQUIREMENTS

200.1 The provisions of this chapter shall be applicable to residential housing businesses (“housing businesses”) licensed under D.C. Official Code § 47-2828 (2005 Repl).

200.2 For purposes of this chapter, a housing business is any dwelling unit or rooming unit in a residential building that is offered for rent or lease. A housing business shall include the rental of a dwelling unit or rooming unit in a residential building that the licensee also occupies. A housing business shall not include any transient housing providers, such as a hotel, bed and breakfast, inn and motel, boarding house, or rooming house.

200.3 No person shall operate a housing business in any premises in the District of Columbia without first receiving a basic business license for the premises by the Department of Consumer and Regulatory Affairs (Department).

200.4 A licensee shall conspicuously post the license or a copy of the license on the premises indicated on the license, and such license shall be available for inspection by any authorized District government official or any tenant residing at the premises.

200.5 Each applicant shall, as a condition to the issuance of a license, indicate on the license application the name and contact information of a property manager or resident manager responsible for conducting maintenance and repairs on the property.

200.6 The appointment or employment of a person to conduct property maintenance and repairs shall be maintained during the period of time for which a license is issued; whenever any change is made in the appointment or employment of such person, the licensee shall deliver to the Director of the Department of Consumer and Regulatory Affairs (Director) a written notice of the change not less than five (5) days after the change.

200.7 Any person requiring a basic business license with a Housing: Residential Endorsement pursuant to D.C. Official Code § 47-2851.03(a)(6)(B) shall provide billing information for a valid credit card or bank account that may be used exclusively to bill for reinspection fees as detailed in § 207.1(b), and proactive inspection fees as detailed in § 207.1(d). The billing information that is provided for the card or account must be current and shall be updated by written notice to the Department within 30 business days if the information changes.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 3101, 3102 and 3105, Commissioners’ Order 55-1503, dated August 11, 1955; as amended by Commissioners’ Order 57-3191, dated November 27, 1957; as replaced by Final Rulemaking published at 59 DCR 7487, 7488 (June 22, 2012); as amended by Final Rulemaking published at 68 DCR 1895 (February 12, 2021).

14 DCMR § 201 LICENSE CATEGORIES

201.1 The Department shall have the following categories for licenses subject to this chapter:

(a) One-family rental, which shall include the rental of single-family homes, townhouses, duplexes, individual condominium units, or individual rooms (including individual rooms in a residential building that the licensee also occupies);

(b) Two-family rental, which shall include the rental of an English basement apartment, converted basement apartment, or carriage house in a single-family home where the main residence is occupied by the property owner or another tenant; and

201.2 Each license category, with the exception of a one-family rental, shall require a Certificate of Occupancy issued by the Department at the time of application for licensure.

201.3 Pursuant to District zoning regulations, one-family rental licenses shall not be issued to residential housing properties that are rented for less than ninety (90) days.

201.4 Each license category, unless exempt pursuant to D.C. Official Code § 42-3502.05(a)(3) (2010 Repl.), shall require registration of the rental units with the Department of Housing and Community Development’s Rental Accommodations Division at the time of application for licensure.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3103, Commissioners’ Order 55-1503 (August 11, 1955); as amended by: D.C. Act 14-438 (emergency) at 49 DCR 7676 (August 9, 2002) [EXPIRED]; as amended by: D.C. Act 15-411 (emergency) at 51 DCR 4677 (May 7, 2004) [EXPIRED]; as amended by: D.C. Act 15-430 (emergency) at 51 DCR 5718 (June 4, 2004) [EXPIRED]; as amended by: D.C. Act 15-468 (emergency) at 51 DCR 7587 (August 6, 2004) [EXPIRED]; as amended by: D.C. Act 15-769 at 52 DCR 2627 (March 18, 2005); as replaced by Final Rulemaking published at 59 DCR 7487, 7488 (June 22, 2012).

14 DCMR § 202 INSPECTION OF PREMISES

202.1 As a condition of licensure, a licensee shall allow the Department, and any other District government agency responsible for enforcement of the housing and building regulations, to inspect its housing business premises.

202.2 A licensee shall:

(a) Comply with all statutes and regulations relating to:

(1) The presence of rodents, waste storage and disposal, and maintenance of waste containers;

(2) Maintenance of the common areas of the housing business under the licensee’s control so that they are free of trash and debris; and

(3) Ensuring that grass or weeds are maintained at a height of less than ten (10) inches;

(b) Maintain the premises in a manner that complies with the applicable provisions of the D.C. Official Code, the District Property Maintenance Code (subtitle G of 12 DCMR), and the District fire prevention and control laws and regulations; and

202.3 The Director shall determine whether a licensee is in compliance with all applicable provisions of the business license laws and regulations and shall require that the building or part of the building to be licensed complies with the applicable building and housing laws and regulations.

202.4 In accordance with § 202.1, the Director may develop a housing inspection program establishing a regular system of inspections for licensees, with more frequent inspections for any licensee found to be in violation of the applicable building and housing statutes or regulations.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3106, Commissioners’ Order 55-1503 (August 11, 1955); as replaced by Final Rulemaking published at 59 DCR 7487, 7489 (June 22, 2012).

14 DCMR § 203 REGISTERED AGENT FOR NON-RESIDENT LICENSEES

203.1 An applicant or licensee that is the non-resident owner of at least one (1) rental unit in the District of Columbia shall appoint and continuously maintain a registered agent for service of process.

203.2 The non-resident owner shall make the appointment by filing a written statement with the Director on a prescribed form.

203.3 The registered agent shall be an individual who is a resident of the District of Columbia or an organization incorporated in the District of Columbia.

203.4 If the licensee changes the agent, or if the name or address or any information about the agent changes after the licensee files the statement with the Director, the non-resident owner shall, within seven (7) business days of its occurrence, file a written statement notifying the Director of the change.

203.5 Pursuant to D.C. Official Code § 42-903(b)(2) (2010 Repl.), the Director shall serve as the registered agent for the non-resident owner if:

(a) A registered agent is not appointed under § 203.1; or

(b) The individual or organization appointed under § 203.1 ceases to serve as the resident agent and no successor is appointed.

203.6 Pursuant to D.C. Official Code § 42-903(d) (2010 Repl.), a non-resident owner of one (1) or more rental units in the District in violation of this section shall be subject to a penalty of three hundred dollars ($300).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3102.3, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 4 of the Security Deposit Act, D.C. Law 1-48, 22 DCR 2823, 2828 (November 28, 1975); as replaced by Final Rulemaking published at 59 DCR 7487, 7490 (June 22, 2012).

14 DCMR § 204 LICENSING OF PROPERTY MANAGERS

204.1 For purposes of this chapter, the term “property manager” means an agent for the owner of real estate in all matters pertaining to property management, as defined in D.C. Official Code § 47-2853.141 (2005 Repl.), which are under his or her direction, and who is paid a commission, fee, or other valuable consideration for his or her services. A property manager may employ resident managers.

204.2 If the property manager of a housing business is someone other than the licensee, that property manager shall comply with the requirements of D.C. Official Code §§ 47-2853.141 through 47-2853.143 (2005 Repl.), and any regulations issued pursuant thereto.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 3102, 3104, 3302, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 4 of the Security Deposit Act, D.C. Law 1-48, 22 DCR 2823, 2827 (November 28, 1975); as replaced by Final Rulemaking published at 59 DCR 7487, 7490 (June 22, 2012).

14 DCMR § 205 RENEWAL OF HOUSING BASIC BUSINESS LICENSES

205.1 The Director may, upon application by a licensee, issue a renewal of a housing basic business license subject to subsequent determination that all provisions of the applicable laws and regulations are being observed by the licensee.

205.2 The premises of each license renewal applicant shall be subject to the inspection provisions of this chapter.

History

SOURCE: Final Rulemaking published at 59 DCR 7487, 7490 (June 22, 2012).

14 DCMR § 206 DENIAL, SUSPENSION, AND REVOCATION OF LICENSES

206.1 Refusal to permit any authorized District of Columbia official to inspect the premises occupied or to be occupied by a housing business shall be cause for withholding the issuance of a license for the premises until such time as inspection is permitted.

206.2 Refusal to permit any authorized District of Columbia official to inspect the premises occupied by a licensed housing business shall be cause for revocation of the license.

206.3 The Director may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter on any of the following grounds:

(a) Conviction of the business license holder for any criminal offense involving fraudulent conduct arising out of or based on the business being licensed;

(b) Willful or fraudulent circumvention by the business operator of any provision of District statute or regulation relating to the conduct of the business;

(d) The making of any false statement in the license application.

206.4 All qualifications set forth in this chapter as prerequisite to the issuance of a license shall be maintained for the entire license period. Failure to maintain any qualification for licensure shall be cause for suspension or revocation of the license.

History

SOURCE: Final Rulemaking published at 59 DCR 7487, 7491 (June 22, 2012).

14 DCMR § 207 LICENSE AND USER FEES

207.1 The following fees shall apply to a housing business in addition to the fees required for obtaining the business license:

(a) Pursuant to D.C. Official Code § 42-3504.01 (2010 Repl.), an annual Rental Accommodations Division fee of twenty-one dollars and fifty cents ($21.50) per rental unit (which shall be collected at the initial issuance of the license and biennially at the renewal of the license in an amount of forty-three dollars ($43));

(b) Pursuant to D.C. Official Code § 42-3131.01(c) (2011 Supp.), a fee of ninety dollars ($90) shall be collected for any reinspection of a licensee’s premises for routine housing code violations. The fee shall be collected after the reinspection has occurred;

(c) Pursuant to D.C. Official Code § 42-3131.01(d) (2010 Repl. & 2011 Supp.), abatement by the Department of any housing or building code violations on a licensee’s premises shall result in an initial administrative fee of one hundred seventy-five dollars ($175) and an additional fee of thirty dollars ($30) for each person-hour of labor performed on the abatement beyond the first person-hour of labor. These fees shall be in addition to the costs the Department incurs for the abatement of the violations; and

(d) A fee to cover the cost of the Department’s proactive inspection program of thirty-five dollars ($35) per unit on rental accommodations of three (3) units or more shall be charged at the issuance and renewal of the license. The charge shall not exceed two thousand dollars ($2,000) biennially.

History

SOURCE: Final Rulemaking published at 59 DCR 7487, 7491 (June 22, 2012).

14 DCMR § 299 DEFINITIONS

299.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

History

SOURCE: Final Rulemaking published at 59 DCR 7487, 7492 (June 22, 2012).

14-3 LANDLORD AND TENANT

14 DCMR § 300 NOTICE TO TENANTS OF HOUSING CODE PROVISIONS

300.1 The owner of each habitation shall provide to each existing tenant, and shall at the commencement of any tenancy provide to the tenant, a copy of the provisions of this chapter and a copy of the following sections of chapter 1 of this subtitle:

(a) Chapter 1, § 101 (Civil Enforcement Policy); and

(b) Chapter 1, § 106 (Notification of Tenants Concerning Violations).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2904, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 301 IMPLIED WARRANTY AND OTHER REMEDIES

301.1 There shall be deemed to be included in the terms of any lease or rental agreement covering a habitation an implied warranty that the owner will maintain the premises in compliance with this subtitle.

301.2 The rights, remedies, and duties set forth in this chapter shall not be deemed to be exclusive of one another unless expressly so declared or to preclude a court of law from determining that practices, acts, lease provisions and other matters not specifically dealt with in this chapter are contrary to public policy or unconscionable or otherwise unlawful.

301.3 A landlord, its agent, or other person entitled to receive rent for a habitation shall not charge a fee to a prospective tenant before move-in, a tenant during a tenancy, or a former tenant after move-out for services required of the landlord to maintain the habitation in a condition consistent with the implied warranty provided by § 301.1, including Title 12 of the District of Columbia Municipal Regulations, or any substantially similar subsequent regulations.

301.4 A landlord, its agent, or other person entitled to receive rent for a habitation shall not charge a tenant or former tenant a fee, or withhold monies from a security deposit in accordance with § 309.1(2), for professional cleaning or for other expenses incurred due to damage to the habitation resulting from ordinary wear and tear, as defined in D.C. Official Code § 42-3502.17(c)(3).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2902, 2913, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Final Rulemaking published at 72 DCR 011094 (October 10, 2025). District of Columbia Municipal Regulations Housing 14 DCMR § 301

14 DCMR § 302 VOIDING LEASE FOR VIOLATION OF REGULATIONS

302.1 The leasing of any habitation which, at the beginning of the tenancy, is unsafe or unsanitary due to violations of this subtitle in that habitation or in the common space of the premises (whether or not those violations are the subject of a notice issued under this subtitle) of which the owner has knowledge or reasonably should have knowledge, shall render void the lease or rental agreement for the habitation.

302.2 After the beginning of the tenancy, if the habitation becomes unsafe or unsanitary due to violations of this subtitle in that habitation or in the common space of the premises (whether or not the violations are the subject of a notice issued under this subtitle), the lease or rental agreement for the habitation shall be rendered void if both of the following apply:

(a) The violations did not result from the intentional acts or negligence of the tenant or his or her invitees; and

(b) The violations are not corrected within the time allowed for correction under a notice issued under this subtitle (or, if a notice has not been issued, within a reasonable time after the owner has knowledge or reasonably should have knowledge of the violations).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2902, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 303 SIGNED COPIES OF AGREEMENTS AND APPLICATIONS

303.1 In each lease or rental of a habitation entered into after June 12, 1970, the owner shall provide to the tenant upon execution (or within seven (7) days after execution) an exact, legible, completed copy of any agreement or application which the tenant has signed.

303.2 This section shall not be subject to any notice requirement of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2905, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 304 PROHIBITED WAIVER CLAUSES IN LEASE AGREEMENTS

304.1 Any provision of any lease or agreement contrary to, or providing for a waiver of, the terms of this chapter, or § 101 or § 106 of chapter 1, shall be void and unenforceable.

304.2 No person shall cause any of the provisions prohibited by this section to be included in a lease or agreement respecting the use of the property in the District of Columbia, or demand that any person sign a lease or agreement containing any such provision.

304.3 No owner shall cause to be placed in a lease or rental agreement any provision exempting the owner or premises from liability or limiting the liability of the owner or the residential premises from damages for injuries to persons or property caused by or resulting from the negligence of the owner (or the owner’s agents, servants, or employees) in the operation, care, or maintenance of the leased premises, or any facility upon or portion of the property of which the leased premises are a part.

304.4 No owner shall place (or cause to be placed) in a lease or rental agreement a provision waiving the right of a tenant of residential premises to a jury trial, or requiring that the tenant pay the owner’s court costs or legal fees, or authorizing a person other than the tenant to confess judgment against a tenant. This subsection shall not preclude a court from assessing court or legal fees against a tenant in appropriate circumstances.

304.5 The provisions of this section shall not be subject to any notice requirement of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2906, 2907, and 2912, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 305 INSPECTION OF PREMISES AFTER BREACH OF WARRANTY OR VOIDED LEASE

305.1 Following a judicial determination that the owner has breached the implied warranty of habitability applying to the premises (under § 301 of this chapter), or following a judicial determination that a lease or rental agreement is void, the owner shall obtain a certificate from the Director that the habitation is in compliance with this subtitle prior to the next reletting of the habitation.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2911, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 306 WRITTEN RECEIPTS FOR PAYMENTS BY TENANT

306.1 In each lease or rental of a habitation, the owner shall provide written receipts for all monies paid to him or her by the tenant as rent, security, or otherwise, unless the payment is made by personal check.

306.2 Each receipt issued under this section shall state the following:

(a) The exact amount received;

(b) The date the monies are received; and

306.3 Each receipt shall also state any amounts still due which are attributable to late charges, court costs, or any other such charge in excess of rent.

306.4 If payment is made by personal check, and there is a balance still due which is attributable to late charges, court costs, or any other such charge in excess of rent, the owner shall provide a receipt stating the nature of the charges and the amount due.

306.5 The provisions of this section shall not be subject to any notice requirement of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2909, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 307 PROHIBITION OF RETALIATORY ACTS AGAINST TENANTS

307.1 No action or proceeding to recover possession of a habitation may be brought against a tenant, nor shall an owner otherwise cause a tenant to quit a habitation involuntarily, in retaliation for any of the tenant’s actions listed in § 307.3.

307.2 No demand for an increase in rent from the tenant, nor decrease in the services to which the tenant has been entitled, nor increase in the obligations of a tenant shall be made in retaliation against a tenant for any of the tenant’s actions listed in § 307.3.

307.3 This section prohibits the taking of any of the actions set forth in this section in retaliation against the tenant for any of the following actions by a tenant:

(a) A good faith complaint or report concerning housing deficiencies made to the owner or a governmental authority, directly by the tenant or through a tenant organization;

(b) The good faith organization of a tenant organization or membership in a tenant organization;

(c) The good fait assertion of rights under this subtitle, including rights under §§ 301 and 302 of this chapter, or § 101 of chapter 1.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2910, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 308 SECURITY DEPOSITS

308.1 For purposes of this chapter, the term “security deposit” shall mean all monies paid to the owner by the tenant as a deposit or other payment made as security for performance of the tenant’s obligations in a lease or rental of the property.

308.2 On or after February 20, 1976, any security deposit or other payment required by an owner as security for performance of the tenant’s obligations in a lease or rental of a dwelling unit shall not exceed an amount equivalent to the first full month’s rent charged that tenant for the dwelling unit, and shall be charged only once by the owner to the tenant.

308.3 All monies paid to an owner by tenants for security deposits or other payment made as security for performance of the tenant’s obligations shall be deposited by the owner in an interest bearing escrow account established and held in trust in a financial institution in the District of Columbia insured by a federal or state agency for the sole purposes of holding such deposits or payments.

308.4 All monies held by an owner on February 20, 1976 for security deposits or other payments covered by this section shall be paid into an escrow account within thirty (30) days.

308.5 The owner of more than one residential building may establish one (1) escrow account for holding security deposits or other payments by the tenants of those buildings.

308.6 For each security deposit or other payment covered by this section, the owner shall clearly state in the lease or agreement or on the receipt for the deposit or other payment the terms and conditions under which the payment was made.

308.7 The housing provider shall post in the lobby of the building and rental office at the end of each calendar year, the following information: Where the tenants’ security deposits are held and what the prevailing rate was for each 6-month period over the past year. At the end of a tenant’s tenancy, the housing provider shall list for the tenant the interest rate for each 6-month period during the tenancy.

308.8 The provisions of this section shall not be applicable to Federal or District of Columbia agencies’ dwelling units leased in the District of Columbia or to units for which rents are Federally subsidized.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2908, Commissioners’ Order 55-1503 (August 11, 1955); as amended by: section 3 of the Security Deposit Act, D.C. Law 1-48, 22 DCR 2823 (November 28, 1975); and section 2 of the Adjustment of Interest Rates Paid on Rental Security Deposits Amendment Act of 1992, D.C. Law 9-212, §§ 2908.1(b) and 2908.5, 40 DCR 2204 (March 17, 1993), incorporating by reference the text of D.C. Act 9-341, 40 DCR 23 (December 21, 1992); as amended by D.C. Act 16-633 at 54 DCR 889 (February 2, 2007).

14 DCMR § 309 REPAYMENT OF SECURITY DEPOSITS TO TENANTS

309.1 Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following:

(1) Tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in paragraph (4)(a) and (a-1) (14 DCMR § 311); or

(2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant's last known address, of the owner's intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.

309.2 The owner, within 30 days after notification to the tenant pursuant to the requirement of paragraph (2)(a)(2) (14 DCMR § 309.1(b)), shall tender a refund of the balance of the deposit or payment, including interest not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.

309.3 Failure by the owner to comply with § 309.1 and § 309.2 of this section shall constitute prima facie evidence that the tenant is entitled to full return, including interest as provided in § 311, of any deposit or other payment made by the tenant as security for performance of his or her obligations or as a condition of tenancy, in addition to the stipulated rent.

309.4 Failure by the owner to serve the tenant personally or by certified mail, after good faith effort to do so, shall not constitute a failure by the owner to comply with § 309.1 and § 309.2.

309.5

(1) Any housing provider violating the provisions of this section by failing to return a security deposit rightfully owed to a tenant in accordance with the requirements of this section shall be liable for the amount of the deposit withheld or, in the event of bad faith, for treble damages.

(2) For the purposes of this sub-paragraph, the term “bad faith” means any frivolous or unfounded refusal to return a security deposit, as required by law, that is motivated by a fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving purpose and not by simple negligence, bad judgment, or an honest belief in the course of action taken.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2908, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Section 3 of the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 22 DCR 2823 (November 28, 1975)); as amended by Section 2 of the Unitary Rent Ceiling Adjustment Amendment Act of 1992, effective March 16, 1993 (D.C. Law 9-191; 40 DCR 2184 (April 2, 1993)); as amended by the Interest on Rental Security Deposits Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-276; 54 DCR 889 (February 2, 2007); as amended by the Tenant Security Deposits Clarification Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-140; 59 DCR 2879 (April 13, 2012)). District of Columbia Municipal Regulations Housing 14 DCMR § 309

14 DCMR § 310 RETURN OF SECURITY DEPOSIT: INSPECTION OF PREMISES

310.1 In order to determine the amount of the security deposit or other payment to be returned to the tenant, the owner may inspect the dwelling unit within three (3) days, excluding Saturdays, Sundays, and holidays, before or after the termination of the tenancy.

310.2 The owner shall conduct the inspection, if the inspection is to be conducted, at the time and place of which notice is given to the tenant.

310.3 The owner shall notify the tenant in writing of the time and date of the inspection.

310.4 The notice of inspection shall be delivered to the tenant, or at the dwelling unit in question, at least ten (10) days before the date of the intended inspection.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2908, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 3 of the Security Deposit Act, D.C. Law 1-48, 22 DCR 2823 (November 28, 1975).

14 DCMR § 311 INTEREST ON SECURITY DEPOSIT ESCROW ACCOUNTS

311.1 The interest in the escrow account described in Section 2908.1(b) (14 DCMR § 308.3) on all money paid by the tenant prior to or during the tenancy as a security deposit, decorating fee, or similar deposit or fee, shall commence on the date the money is actually paid by the tenant, or within thirty (30) days after February 20, 1976, whichever is later, and shall accrue at not less than the statement savings rate then prevailing on January 1st and on July 1st for each 6-month period (or part thereof) of the tenancy which follows those dates. On those dates, the statement savings rate in the District of Columbia financial institution in which the escrow account is held shall be used. All interest earned shall accrue to the tenant except for that described in paragraph (4)(a-1) or as set forth in paragraph (2) (14 DCMR § 309).

311.2 Interest on an escrow account shall be due and payable by the owner to the tenant upon termination of any tenancy of a duration of twelve (12) months or more, unless an amount is deducted under procedures set forth in paragraph (2) (14 DCMR §§ 309.1 and 309.2). Any housing provider violating the provisions of this section by failing to pay interest on a security deposit escrow account that is rightfully owed to a tenant in accordance with the requirements of this section, shall be liable to the tenant, as applicable, for the amount of the interest owed, or in the event of bad faith, for treble that amount. For the purposes of this paragraph, the term "bad faith" means any frivolous or unfounded refusal to pay interest on a security deposit, as required by law, that is motivated by a fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving purpose and not by simple negligence, bad judgment, or an honest belief in the course of action taken. Any housing provider who willfully violates the provisions of this section by failing to pay interest on a security deposit escrow account that is rightfully owed to a tenant in accordance with the requirements of this section shall be subject to a civil fine of not more than $ 5000 for each violation.

(1) If the housing provider invests the security deposit in an account with an interest rate that exceeds that of the statement savings rate as required in subparagraph (a)(14) (14 DCMR § 311.1), the housing provider may apply up to 30% of the excess interest for administrative costs or other purposes.

311.3 Except in cases where no interest is paid to the tenant as provided in § 311.2, the owner shall not assign the account or use it as security for loans.

311.4 It is the intent of this section that the account referred to in this section and § 309 shall be used solely for the purpose of securing the lessees’ performance under the lease.

311.5 This section and § 309 and § 310 shall not be subject to the notice requirements of any other section of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2908, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Section 3 of the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 22 DCR 2823 (November 28, 1975)); as amended by Section 2 of the Adjustment of Interest Rates Paid on Rental Security Deposits Amendment Act of 1992, effective March 17, 1993 (D.C. Law 9-212, § 2908.4(a); 40 DCR 2204 (March 17, 1993), incorporating by reference the text of D.C. Act 9-341, published at 40 DCR 23 (December 21, 1992); as amended by the Interest on Rental Security Deposits Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-276; 54 DCR 889 (February 2, 2007); as amended by the Tenant Security Deposits Clarification Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-140; 59 DCR 2879 (April 13, 2012). District of Columbia Municipal Regulations Housing 14 DCMR § 311

14 DCMR § 312 [RESERVED]

14 DCMR § 313 [RESERVED]

14 DCMR § 314 [RESERVED]

14 DCMR § 315 NOTIFICATION REQUIRED

315.1 Prior to the acceptance of a nonrefundable application fee or security deposit, the owner of the habitation shall provide written notice of any requests that are pending for an adjustment in the rent ceiling of the habitation, as the adjustments are specifically enumerated in section 207 of the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Official Code § 42-3502.07 (2001).

315.2 The notification shall include the current rent ceiling, the new rent ceiling requested in the petition, the petition filing date and petition number, and the nature of any repairs or rehabilitation planned in the dwelling unit as part of the petition.

315.3 A violation of this section shall be a Class 2 civil infraction pursuant to Titles I- III of the Department of Consumer and Regulatory Affairs Infractions Act of 1985. Adjudication of any infraction of this article shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

SOURCE: Section 2 of the Rent Ceiling Adjustment Notification Amendment Act of 1992, D.C. Law 9-79, §§ 2915.1 through 2915.3, 39 DCR 673 (February 7, 1992).

14 DCMR § 399 DEFINITIONS

399.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14-4 HOUSING CODE: GENERAL REQUIREMENTS

14 DCMR § 400 GENERAL PROVISIONS

400.1 No owner, licensee, or tenant shall occupy or permit the occupancy of any habitation in violation of this subtitle.

400.2 Every owner or licensee shall advise each tenant in writing, either by insertion in the lease between the parties or otherwise, of the maximum number of occupants permitted under this subtitle in the habitation leased or rented to that tenant.

400.3 No person shall rent or offer to rent any habitation, or the furnishings of a habitation, unless the habitation and its furnishings are in a clean, safe, and sanitary condition, in repair, and free from rodents or vermin.

400.4 The owner or licensee of each residential building shall provide and maintain the facilities, utilities, and services required by this subtitle.

400.5 Each facility and utility provided in a residential building to comply with the requirements of this subtitle shall be properly and safely installed, and shall be maintained in a safe and good working condition.

400.6 If an owner or licensee of any residential building furnishes any facilities for cooking, storage, or refrigeration of food, those facilities shall be maintained by the owner or licensee in a safe and good working condition.

400.7 No person shall rent or offer for rent any habitation or operate any housing business in any building, or part of a building, in which there is another business, trade, or commercial activity from which noxious gases, fumes, mists, vapors, dusts, offensive odors, or excessive noise arise or are generated.

400.8 The use of any building or other structure (or any part of any building or structure) as a tenement unit or tenement house is prohibited.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained in paragraphs 28 and 46 of section 7 of An Act To make appropriations to provide for the government of the District of Columbia for fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, 218, 32 Stat. 590 approved July 1, 1902, as amended by: An Act approved July 1, 1932, to amend section 7 [of the Act of 1902], Public, 237, 47 Stat. 550 (1932); and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2301, 2303, 2304, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 401 PRIVACY

401.1 Common space shall be accessible to the occupants of every dwelling unit for which such space is provided without the necessity of going through another habitation.

401.2 Water closets, showers, and bathtubs shall be located in a room or compartment which affords privacy to a person within that room or compartment.

401.3 Bathrooms or sleeping rooms shall be accessible to the occupants of rooming units without the necessity of the occupants going through any of the following:

(a) Another rooming unit;

(b) A bathroom;

(d) A commercial or industrial establishment.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2307, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 402 OCCUPANCY REQUIREMENTS

402.1 Each dwelling unit shall contain the following minimum amount of floor area in order to comply with the occupancy requirements of this subtitle:

(a) At least one hundred thirty square feet (130 ft.2) of floor area in habitable rooms for the first occupant of the dwelling unit;

(b) At least ninety square feet (90 ft.2) of additional floor area in habitable rooms for each additional occupant of the dwelling unit up to a total of seven (7) occupants; and

(c) At least seventy-five square feet (75 ft.2) of additional floor area in habitable rooms for each additional occupant of the dwelling unit if the dwelling unit is to be occupied by more than seven (7) persons.

402.2 Each room used for sleeping purposes by not more than one (1) occupant shall be a habitable room containing at least seventy square feet (70 ft.2) of habitable room area.

402.3 Each room used for sleeping by two (2) or more occupants shall be a habitable room containing at least fifty square feet (50 ft.2) of habitable room area for each occupant.

402.4 No sleeping facilities shall be permitted in any room in which there is located any of the following:

(a) A furnace;

(b) A space heater using an open flame, unless that space heater is effectively flue connected;

(d) A gas meter.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2305, 2306, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 403 HABITABLE ROOMS

403.1 No room other than a habitable room shall be used for living or sleeping, or, in a dwelling unit, for the preparation of meals or for eating, except as provided otherwise in this section.

403.2 Each habitable room shall conform to the requirements of this subtitle.

403.3 A room that is used only for the preparation of meals which is not daylighted as required by Chapter 6 (but which otherwise meets the requirements of this subtitle) may continue to be used for the preparation of meals; provided, that the floor area of that room shall not be included in calculating the total habitable area of the dwelling unit of which it is a part.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2302, 2201, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 404 HABITABLE ROOMS PARTIALLY BELOW GROUND

404.1 Any room with more than fifty percent (50%) of any exterior wall area from floor to ceiling below ground level (using average level along each exterior wall) shall not be used as a habitable room, except as otherwise provided in this section.

404.2 In a building in existence prior to June 9, 1960, where there is an existing open well or areaway which is three feet (3 ft.) or more in width immediately adjacent to any exterior wall, that wall shall be considered above ground level for the length and depth of the open well or areaway.

404.3 Whenever any building in existence prior to the effective date of this amendment (June 9, 1960) is altered to conform to the requirements of this section, the newly constructed court or areaway immediately adjacent to any exterior wall shall be four feet (4 ft.) or more in width and of a depth necessary so that one-half (1/2) the height of all portions of any exterior wall of the room, measured from floor to ceiling, shall be above the ground immediately adjacent to the newly constructed court or areaway.

404.4 Whenever any existing building is altered to conform to the requirements of this section, a permit shall be obtained from the Director, and all alterations must conform in other respects to the applicable requirements of the Building Code of the District of Columbia (Title 12, DCMR).

404.5 Areaways constructed on buildings erected after the effective date of this amendment (June 9, 1960) shall comply fully with the applicable requirements of the Building Code (Title 12, DCMR) and the Zoning Regulations (Title 11, DCMR).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2204, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Part IV of Commissioners’ Order 60-1255, effective June 9, 1960, 6 DCR 316 (June 27, 1960).

14 DCMR § 405 CEILING HEIGHT IN HABITABLE ROOMS

405.1 In any room that is otherwise a habitable room, only that portion of the room area that has a clear ceiling height of not less than seven feet (7 ft.) shall be counted as habitable room area, except as otherwise provided in this section.

405.2 In any dwelling unit or rooming unit, not more than fifty percent (50%) of the total habitable space may be in a room or rooms having a sloping ceiling.

405.3 In those rooms with a sloping ceiling, at least seventy-five percent (75%) of the habitable room area shall have a clear ceiling height of not less than seven feet (7 ft.), and any part of the room where the ceiling height is less than five feet (5 ft.) shall not be considered in computing the habitable room area.

405.4 All habitable room area shall have a minimum clear head room of six feet eight inches (6 ft. 8 in.) under beams, pipes, ducts, or other construction projections from the ceiling.

405.5 Beams spaced closer than four feet (4 ft.), face-to-face, shall be considered as joists and shall have a minimum clear head room of not less than seven feet (7 ft.).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2205, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 406 SUBDIVISION OF HABITABLE ROOMS

406.1 No habitable room shall be divided in any manner into space intended for living, sleeping, eating, or cooking purposes by an installed partition or divider of any type above four feet (4 ft.) in height, unless each such subdivided part complies with the requirements for a habitable room, except as otherwise provided in this section.

406.2 The enclosure of cabinet-type kitchenettes by doors or other closing devices, where those kitchenettes are too small to be occupied when the doors or other closing devices are closed in a normal manner, and where those kitchenettes are continuously mechanically ventilated, at least when closed, shall not be deemed to subdivide the room.

406.3 If any separation of a habitable room leaves a clear unobstructed opening between the parts of that habitable room at least equal to eighty percent (80%) of the cross sectional area of that part of the room receiving its light through any other part, that separation shall not be in violation of this section.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2206, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 499 DEFINITIONS

499.1 The definitions and provisions of section 199 of chapter 1 of this title shall be applicable to this chapter.

14-5 HOUSING CODE: HEATING, LIGHTING, AND VENTILATION

14 DCMR § 500 GENERAL PROVISIONS

500.1 The owner of a building used for residential purposes shall provide that building with adequate facilities for heating, ventilating, and lighting.

500.2 Each facility provided and maintained to comply with this section shall be properly and safely installed, and shall be maintained in a safe and good working condition.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained in paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1201 and 2401, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 501 HEATING OF RESIDENTIAL BUILDINGS

501.1 Adequate heating facilities shall mean the provision and maintenance in good repair of one of the following:

(a) A central heating facility;

(b) A non-portable, flue-connected heating facility; or

501.2 The heating facility shall be capable of maintaining a minimum temperature of seventy degrees Fahrenheit (70° F.) in buildings or parts of buildings used for habitation.

501.3 Each heating facility shall be designed and installed to permit the control of the temperature resulting from the use of that facility in such manner that the maximum resulting temperature in the premises heated by such facility will not exceed the maximum temperature in the “Comfort Chart” contained in the 1951 Guide of the American Society of Heating and Ventilating Engineers.

501.4 Whenever the heating facilities of any habitation or bathroom are not under control of an occupant of the habitation, it shall be the responsibility of the owner or licensee to supply sufficient heat to maintain the following minimum temperatures for every occupied habitation and bathroom:

(a) A minimum temperature of sixty-eight degrees Fahrenheit (68° F.) between the hours of 6:30 a.m. and 11:00 p.m.; and

(b) A minimum temperature of sixty-five degrees Fahrenheit (65° F.) between the hours of 11:00 p.m. and 6:30 a.m.

501.5 The temperatures referred to in this section shall be measured with all usually- closed outside openings closed in a normal manner.

501.6 The owner of a single-family dwelling, occupied in whole or in part by a tenant or tenants in which one (1) or more housing violation notices were issued because of a defective heating system under the control of the owner, shall cause the furnace, boiler, or other central heating or hot water system to be inspected by a qualified person in the period between March 1st and September 1st subsequent to the issuance of the violation notices.

501.7 In addition to testing the efficiency and adequacy of the heating and hot water systems, the flues, vents, and dampers shall be inspected for escape of carbon monoxide gas.

501.8 The findings on inspections shall be recorded on forms approved by the Department of Consumer and Regulatory Affairs (“Department”) within fifteen (15) days following the inspection and shall be delivered to the owner, who shall file a copy with the Department within seven (7) days of the receipt of the findings.

501.9 The owner shall correct all defects as found upon the inspection before October 1st of that year and shall certify to the Department that the corrections have been made.

501.10 The owner of a multiple dwelling, containing two (2) or more units, shall cause the furnace, boiler, or other central heating systems to be inspected by a qualified person between March 1st and September 1st of each year. Subsections 501.7 through 501.9 shall also apply to this subsection.

501.11 For purposes of §§ 501.6 through 501.10, the term “qualified person” means a master plumber and gas fitter, heating and air conditioning contractor, master mechanic, licensed by the District, or a certified employee of a public utility.

501.12 The certifications required by §§ 501.6 through 501.10 shall be in writing and shall be signed by the owner and by a “qualified person.”

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1201 and 2401, Commissioners’ Order 55-1503 (August 11, 1955), as amended by: paragraph 1 of Council Regulation 72-28, approved November 30, 1972; and section 2 of the Self- Inspection of Heating and Hot-Water Systems Act of 1986, D.C. Law 6-158, 33DCR 6008, incorporating by reference the text of D.C. Act 6-201, 33 DCR 4936 (August 15, 1986).

14 DCMR § 502 LIGHTING IN HABITABLE ROOMS

502.1 Each habitable room shall have a glass area transmitting natural light equivalent to that which would be transmitted by a clear glass area at least equal to one tenth (1/10) of the floor area served, consisting of one or more of the following:

(a) Windows;

(b) Glazed doors;

(d) Other glass construction facing directly to the outside.

502.2 Rooms opening on enclosed porches and meeting the lighting requirements of Article 501-01-e of the 1941 Building Code, as amended (Title 12, DCMR) and rooms lighted through sunporches and meeting the lighting requirements of § 3-515 of the 1961 Building Code, as amended, shall be deemed to have adequate natural light.

502.3 The sash area of openable windows, side lights, or transoms, the horizontal projection of the glass area of skylights, and in all other instances the gross glass area, shall be used in computing the required glass area.

502.4 Any portion of any glass area facing directly on any wall, portion of a structure, or other light obstruction less than three feet (3 ft.) from that glass area, shall not be included as contributing to the required natural light.

502.5 At least fifty percent (50%) of the required glass area shall be a window, glazed door, side light, or transom, each glazed with clear glass.

502.6 Obscure glass, glass blocks, or other approved translucent material may be used to transmit up to fifty percent (50%) of the required natural light.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2202, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 62-1493 (August 21, 1962).

14 DCMR § 503 OBSTRUCTIONS TO LIGHT

503.1 If a habitation is located on the ground floor of a residential building, the yard of that building which lies immediately outside the habitation shall be maintained clear of any obstruction to light for a distance of at least three feet (3 ft.) from the exterior wall of the building, or for such further distance as may be required by any other law or regulation.

503.2 A reasonable amount of trees or shrubbery shall not be considered to be in violation of this section.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2308, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 504 LIGHTING OF BATHROOMS

504.1 Each bathroom shall be naturally or artificially lighted at least equivalent to the requirements of this section.

504.2 A naturally lighted bathroom shall have a glass area consisting of one or more of the following:

(a) Windows;

(b) Skylights;

(d) Other glass construction, except glazed doors.

504.3 The glass area shall face directly to the outside, and shall transmit natural light equivalent to that which would be transmitted by a clear glass area at least equal to one tenth (1/10) of the floor area served.

504.4 No glass area shall contain less than four square feet (4 ft.2).

504.5 Obscure glass, glass blocks, or other approved translucent material may be used to transmit up to fifty percent (50%) of the required natural light.

504.6 The sash area of openable windows or transoms, the horizontal projection of the glass area of skylights, and in all other instances the gross glass area, shall be used in computing the required glass area.

504.7 Any portion of any glass area facing directly on any wall, portion of a structure, or other light obstruction less than three feet (3 ft.) from that glass area, shall not be included as contributing to the required natural light.

504.8 Artificially lighted bathrooms shall be illuminated with a minimum of ten (10) foot candles measured at floor level at any point on the open floor space.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2309, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 505 LIGHTING OF HALLWAYS, STAIRWAYS, AND OTHER COMMON SPACE

505.1 Hallways, stairways, and other common space used in common by the occupants of more than one habitation shall have adequate lighting facilities, which shall be kept in good condition at all times.

505.2 The artificial illumination of stairs and hallways in each housing business licensed under this subtitle shall be arranged and maintained to provide illumination from sunset to sunrise and at other times when daylight does not provide illumination of an intensity of at least six-foot candles (6 ft.) at the tread and floor level.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2409, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 506 VENTILATION OF HABITABLE ROOMS

506.1 Each habitable room shall have either natural or mechanical ventilation at least equal to the requirements of this section.

506.2 Natural ventilation shall be provided by an opening directly to the outside, the area of which is at least equal to five percent (5%) of the floor area of the room served, except as otherwise provided in this section.

506.3 Rooms opening on enclosed porches and meeting the ventilation requirements of Article 501-01-e of the 1941 Building Code, as amended, and rooms ventilated through sunporches and meeting the ventilation requirements of § 3-515 of the 1961 Building Code, as amended, shall be deemed to have adequate natural ventilation.

506.4 At least fifty percent (50%) of the required ventilation shall be furnished by an openable window, louvres located in the upper fifty percent (50%) of the room, side light, transom, glazed door, or door of the horizontally divided (dutch) or vertically divided (french) type.

506.5 For buildings erected, altered, or converted under permits issued prior to July 1, 1961, mechanical ventilation where used shall provide habitable rooms, other than kitchens, with at least three (3) air changes per hour.

506.6 Kitchens shall be provided with at least four (4) air changes per hour.

506.7 Openable area directly to the outside at least equal to three percent (3%) of the floor area of the habitable space served shall be available for use in case of temporary failure of mechanical ventilation, except as provided in § 506.8.

506.8 Interior kitchens which are not daylighted as required by § 502 may be artificially lighted and mechanically ventilated if they comply with the following:

(a) Total floor area shall not exceed one hundred square feet (100 ft.2);

(b) Unobstructed floor space (after the installation of kitchen cabinets and equipment including space reserved for the installation of stove and refrigerator) shall not exceed fifty square feet (50 ft.2);

(c) Mechanical ventilation shall be centrally controlled and operated and shall provide a minimum of eight (8) changes of air per hour through an independent duct system; and

(d) The interior kitchen is not to be counted as a habitable room.

506.9 Not more than seventy-five percent (75%) of the air supplied by mechanical ventilation shall be recirculated air.

506.10 The recirculation of air from kitchens, bathrooms, furnace rooms, laundry rooms, and garages is prohibited.

506.11 No air supplied to habitable rooms shall be drawn from a plenum or system fed with air returned from habitable rooms occupied by other families, common space, or commercial or industrial establishments.

506.12 For buildings erected, altered, or converted under permits issued after June 30, 1961, the requirements for mechanical ventilation shall be in accordance with the applicable provisions of sections 3-527 through 3-533, inclusive, of the 1961 D.C. Building Code, as amended.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2203, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 62-1493 (August 21, 1962).

14 DCMR § 507 VENTILATION OF BATHROOMS

507.1 Each bathroom shall be naturally or mechanically ventilated, at least equivalent to the requirements of this section.

507.2 Natural ventilation shall be provided by openings, other than a door, directly to the outside, the openable area of which is at least equal to five percent (5%) of the floor area of the room served.

507.3 No opening for ventilation of a bathroom shall contain less than two square feet (2 ft.2).

507.4 If mechanical ventilation is used, it shall provide for each bathroom with a single water closet outside air in a minimum quantity of one and one half cubic feet per minute per square foot of floor area (1½ ft.3/min./ft.2), with no recirculation permitted.

507.5 A bathroom having more than one water closet shall be provided with a minimum outside air quantity of two and one half cubic feet per minute per square foot of floor area (2½ ft.3/min./ft.2), with no recirculation permitted.

507.6 A mechanically ventilated bathroom shall not serve or open into any area that opens on, or is served by, a bathroom that is not similarly ventilated.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2309, 2309.6, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 66-314 (March 8, 1966).

14 DCMR § 508 CONTROL AND MAINTENANCE OF MECHANICAL VENTILATION

508.1 If mechanical ventilation is provided for any residential building by the owner or licensee, the owner or licensee shall maintain that system in safe and good working condition.

508.2 If the mechanical ventilation system is not under the control of the occupant of any habitation, the owner or licensee of the residential building shall keep that equipment in constant and continuous operation.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2408, Commissioners’ Order 55-1503, (August 11, 1955).

14 DCMR § 509 OBSTRUCTIONS TO VENTILATION

509.1 If a habitation is located on the ground floor of a residential building, the yard of the building which lies immediately outside the habitation shall be maintained clear of any obstruction to ventilation for a distance of at least three feet (3 ft.) from the exterior wall of the building, or such further distance as may be required by any other law or regulation.

509.2 A reasonable amount of trees or shrubbery shall not be considered to be a violation of this section.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2308, Commissioners’ Order 55-1503, (August 11, 1955).

14 DCMR § 510 AIR CONDITIONING

510.1 The owner of a rental habitation, who provides air conditioning as a service either through individual air conditioning units or a central air conditioning system, shall maintain such unit or system in safe and good working condition so that it provides an inside temperature at least fifteen degrees Fahrenheit (15° F.) less than the outside temperature.

510.2 The owner shall also have the individual units or central system inspected each year, between September 1st and May 1st, by a master refrigeration and air conditioning mechanic or master refrigeration and air conditioning mechanic limited, licensed by the District of Columbia to ensure compliance with this section and with the Fire Prevention Code (12D DCMR F101.6(5)).

510.3 The findings on inspection shall be recorded on forms approved by the Department of Consumer and Regulatory Affairs (“Department”) within fifteen (15) days following inspection and shall be delivered to the owner, who shall file a copy with the Department within seven (7) days of receipt of the findings.

510.4 The owner shall correct all defects as found upon the inspection by June 1st of each year, and shall submit written certification to the Department that the corrections have been made.

510.5 The written certification shall be signed by the owner and by a master refrigeration and air conditioning mechanic, or master refrigeration and air conditioning mechanic limited, licensed by the District of Columbia.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1201, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 2 of the Air Conditioning Maintenance Amendment Act of 1986, D.C. Law 6-161, 33 DCR 6011, incorporating by reference the text of D.C. Act 6-206, 33 DCR 5114 (August 22, 1986).

14 DCMR § 511 REFRIGERATION AND AIR CONDITIONING PERMIT FEES

511.1 For purposes of the fee schedule, refrigeration systems shall be classified according to the net refrigeration effect in British thermal units (B.T.U.) per hour developed by the system as certified by the manufacturer. The following schedule of fees shall apply to refrigeration and air conditioning permits:

(a) Class A - system developing a net refrigeration effect of two million four hundred thousand (2,400,000) B.T.U. per hour or more $225.00;

(b) Class B - system developing a net effect of one million two hundred thousand (1,200,000) or more B.T.U. per hour but less than two million four hundred thousand (2,440,000) B.T.U. per hour $139.00;

(c) Class C - system developing a net refrigeration effect of six hundred thousand (600,000) or more B.T.U. per hour but less than one million two hundred thousand (1,200,000) B.T.U. per hour $105.00;

(d) Class D - system developing a net refrigeration effect of one hundred twenty thousand (120,000) or more B.T.U. per hour $42.00; and

(e) Class E - system developing a net refrigeration effect of less than one hundred twenty thousand (120,000) B.T.U. per hour $22.00.

511.2 A refund of permit fees shall be made as follows:

(a) When no work has been done under authority of permit, the fee in excess of the cost of inspection to verify no work having been done, based on thirteen dollars per inspector hour ($13.00/hr), the cost of any engineering examination time previously devoted to approval of plans, based on twenty dollars per hour ($20.00/hr.), plus nineteen dollars ($19.00) administrative costs of “issuance and refund,” shall be refunded at nineteen dollars ($19.00) per hour;

(b) When work authorized by permit has been only partially done and when the District is satisfied that no more work will be done under the permit, the fee in excess of the cost of any engineering plans examination based on twenty dollars per hour ($20.00/hr.), plus nineteen dollars ($19.00) administrative costs of “issuance and refund,” shall be refunded at nineteen dollars ($19.00) per hour; or

(c) If a request for refund is made within six (6) months from date of issuance and the permit and receipt are returned to the Permit Branch.

511.3 The penalty for a permit to abate notice of doing work without a permit shall be fifty percent (50%) of the fee.

511.4 No permit fee shall be charged when supported by evidence indicating that the applicant is under contract or subcontract to perform the following:

(a) Work done exclusively for the District;

(b) Work done under contract for the District; or

History

SOURCE: Final Rulemaking published at 27 DCR 3326, 3329 (August 1, 1980).

14 DCMR § 599 DEFINITIONS

599.1 The definitions and provisions of section 199 of chapter 1 of this title shall be applicable to this chapter.

14-6 HOUSING CODE: FACILITIES, UTILITIES, AND FIXTURES

14 DCMR § 600 GENERAL PROVISIONS

600.1 The owner or licensee of each residential building shall provide and maintain the facilities, utilities, and fixtures required by this section.

600.2 Each facility, utility or fixture shall be properly and safely installed, and shall be maintained in a safe and good working condition.

600.3 Where a utility (such as water, electricity, gas or other fuels, or sewer or refuse service) is the responsibility of, or under the control of, the owner or licensee of any residential building, the utility shall be furnished and maintained by the owner or licensee in the quantities needed for normal occupancy.

600.4 Whenever an owner or licensee of any residential building furnishes any facilities for cooking, storage, or refrigeration of food, those facilities shall be maintained by the owner or licensee in a safe and good working condition.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained in paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, approved July 1, 1902, as amended by: An Act approved July 1, 1932, to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2401, 2405 and 2406, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 601 PLUMBING FACILITIES

601.1 Minimum basic plumbing facilities in buildings used in whole or in part to house one (1) or more habitations shall be as required in this section, except as specifically provided otherwise in § 602.

601.2 Each dwelling unit, except a bachelor apartment, shall contain a kitchen sink for the exclusive use of the occupant(s) of that dwelling unit.

601.3 Each dwelling unit and each rooming unit shall have available for the use of the occupant(s) of that unit a lavatory, a water closet, and a bathing facility.

601.4 Each kitchen sink, lavatory, and bathing facility required by this chapter shall be properly connected with both hot and cold water lines.

601.5 All plumbing fixtures shall be properly connected to the public water system and to an approved sewerage system.

601.6 Any lavatory required to be installed by this subtitle shall be located in the room or compartment with the required water closet, or as close to it as practicable, except as provided in § 601.7

601.7 If a lavatory is not provided in the same room with the water closet, the specific location of the lavatory shall be approved by the director.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2403, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 602 SHARED BATHROOMS

602.1 Each dwelling unit shall contain a lavatory, water closet, and bathing facility for the exclusive use of the occupants of that dwelling unit, except that roomers renting space within a dwelling unit shall be permitted to share the use of the water closet, lavatory and bathing facility to the extent authorized by this section.

602.2 Where the occupants of a dwelling unit and one or more rooming units share a water closet, lavatory, and bathing facilities, at least one lavatory, one water closet, and one bathing facility shall be provided for the use of each six (6) occupants of the rooming unit or units.

602.3 Where the occupants of one or more rooming units share a water closet, lavatory, and bathing facilities, at least one lavatory, one water closet, and one bathing facility shall be provided for the use of each six (6) occupants of the rooming unit or units.

602.4 For the purpose of determining the number of occupants for whom a water closet, lavatory, and bathing facilities are to be provided as required by this section, the determination shall be made on the basis of one (1) occupant for each single or 3/4 bed and two (2) occupants for each double bed in dwelling units or rooming units the occupants of which share the same water closet, lavatory, and bathing facility, except as provided in § 602.5.

602.5 The Director may accept the affidavit of the owner, licensee, or operator to establish the actual number of occupants where it is claimed that double beds are of single occupancy.

602.6 For the purpose of determining the number of water closets, lavatories, and bathing facilities to be provided for the use of the occupants of dwelling units or rooming units required to share any water closet, lavatory, or bathing facility, the number of occupants sharing the facilities shall be divided by four (4) or six (6). Any fractional part of a group of four (4) or six (6) shall be considered a full group, and the facilities shall be provided for the use of the fractional part of a group as if the occupants constituting that fractional part constitute a full group.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2403, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 603 WATERPROOF FLOORS IN TOILETS

603.1 The owner of a building used for residential purposes shall provide each water closet compartment, privy, toilet room, and bathroom in the building with a waterproof floor surface and wall base.

603.2 The wall base shall be at least three inches (3”) in height.

603.3 The waterproof floor surface shall consist of one of the following:

(a) Smooth-finished tile or masonry which is effectively sealed so that it has a nonporous surface, laid in a manner free from cracks or open joints, and tightly joined to the base;

(b) Tongue-and-groove hardwood flooring that is tightly laid without open cracks or joints, and which is tightly joined to the base. Both the base and surface shall be covered with a seal coat of waterproof finish; or

(c) Linoleum, plastic, or rubber floor covering, or linoleum, asphalt, rubber or plastic floor tiles, firmly cemented to a smooth substantial subfloor, laid without overlapping or open joints, and tightly joined to the base.

603.4 The term “linoleum” as used in this section, means a floor covering made of special preparations of linseed oil, gum, coloring matter, and wood flour, firmly affixed to a cloth or feltpaper base, and does not include enameled and cottonlinter composition coverings.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1202, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 604 ACCESS TO BATHROOMS

604.1 Unless a bathroom is intended for use only by persons outside of a building, no door to the bathroom shall open to the outside of the building in which it is located.

604.2 Access to a bathroom shall be from within the building or the part of the building that the bathroom is intended or required to serve.

604.3 Passageways leading to bathrooms shall be arranged so that each bathroom is readily accessible from all parts of the building it is intended or required to serve without having to go outside the building.

604.4 A bathroom may not be used as the only entrance to any other room.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2310, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 66-314 (March 8, 1966).

14 DCMR § 605 ELECTRICAL OUTLETS

605.1 Each habitable room shall be provided with at least two (2) separate electric outlets, at least one (1) of which shall be a wall or floor convenience outlet.

605.2 Each furnace room, laundry room, stairway, and bathroom shall be provided with at least one (1) electric light outlet.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G §§ 2404.1 and 2404.2, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 606 WATER HEATING FACILITIES

606.1 Each residential building shall be provided with a water heating facility which is properly connected with the hot water lines of the required fixtures, and which is capable of providing sufficient hot water at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.) at those fixtures to meet normal demands.

606.2 Where the hot water heating facility is not under the control of the occupant of any habitation, the owner or licensee of that residential building shall provide and maintain a continuous supply of running hot water to meet normal needs.

606.3 The owner of a single-family dwelling, occupied in whole or in part by a tenant or tenants in which one (1) or more housing violation notices were issued because of a defective water heating facility, under the control of the owner, and whose water heating facility is separate from the central heating system, shall cause the water heating facility to be inspected by a qualified person in the period between March 1 and September 1, subsequent to the issuance of the violation notices.

606.4 In addition to testing the efficiency of the water heating facility, the flues, vents and dampers shall be inspected for escape of carbon monoxide gas.

606.5 The findings on inspection shall be recorded on forms approved by the Department of Consumer and Regulatory Affairs (“Department”) within fifteen (15) days following the inspection and shall be delivered to the owner, who shall file a copy with the Department within seven (7) days of receipt of the findings.

606.6 The owner shall correct all defects as found upon the inspection before October 1 of that year and shall certify to the Department that the corrections have been made.

606.7 The owner of a multiple dwelling containing two (2) or more units, whose water heating facility is separate from the central heating system, shall cause the water heating facility to be inspected by a qualified person between March 1 and September 1 of each year.

606.8 Pursuant to § 606.7, in addition to testing the efficiency of the water heating facility, the valves, vents and dampers shall be inspected for escape of carbon monoxide gas.

606.9 Pursuant to § 606.7, the findings on inspection shall be recorded on forms approved by the Department of Consumer and Regulatory Affairs within fifteen (15) days following the inspection and shall be delivered to the owner, who shall correct all defects as found upon the inspection before October 1 of each year, and shall certify to the Department that the corrections have been made.

606.10 For the purposes of §§ 606.3 through 606.9 and 606.11, the term “qualified person” means a master plumber and gas fitter, heater and air conditioning contractor, master mechanic, licensed by the District of Columbia, or a certified employee of a public utility.

606.11 The certifications required by §§ 606.3 through 606.9 shall be in writing and shall be signed by the owner and by a qualified person.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2402, Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 3 of the Self- Inspection of Heating and Hot Water Systems Act of 1986, D.C. Law 6-158, 33 DCR 4936, 4938 (August 15, 1986).

14 DCMR § 607 MISCELLANEOUS SERVICES TO BE PROVIDED BY HOUSING BUSINESSES

607.1 When furnished by the operator of a housing business, mattresses shall not be made of moss, sea grass, excelsior, husks, or shoddy.

607.2 The owner or operator of a housing business shall provide to each tenant, when the tenant first enters into possession of a habitation, an adequate lock and key for each door used, or capable of being used, as an entrance to or egress from the habitation, and shall keep each lock in good repair. Each lock shall be capable of being locked from inside and outside the habitation.

History

SOURCE: The Housing Regulations of the District of Columbia, 5 DCRR §§ 3203 and 3702, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 608 [RESERVED]

14 DCMR § 609 [RESERVED]

14 DCMR § 610 [RESERVED]

14 DCMR § 611 [RESERVED]

14 DCMR § 612 [RESERVED]

14 DCMR § 613 [RESERVED]

14 DCMR § 614 [RESERVED]

14 DCMR § 615 PLUMBING PERMIT FEES

615.1 The following schedule of fees shall apply to plumbing permits: PLUMBING PERMIT FEES

For the first fixture

$12.00

History

NOTE: A sink and disposal installed at the same time shall be considered one fixture Add for the 2nd to 50th fixture, inclusive (on the same lot) each 7.00 Add for the 51st and all additional fixtures …………………………… 3.00 Installing a gas, oil or electric water heater…………………………………… 12.00 Installing a gas fueled radiator for the first radiator…………………………… 12.00 Add for the 2nd and all additional radiators, each …………………… 7.00 Installing a domestic gas range, for the first range ………………………… 12.00 Add for the 2nd and all additional ranges, each …………………… 7.00 Installing a gas fired boiler, for the first boiler……………………………… 12.00 Add for the 2nd and all additional gas fired boilers, each …………… 7.00 Installing a gas fired furnace, for the first furnace …………………………… 12.00 Add for the 2nd and all additional gas fired furnaces, each …………… 7.00 Installing a gas conversion burner ……………………………………………… 22.00 Installing a gas unit heater, for the first heater ………………………………… 12.00 Add for the 2nd and all additional gas unit heaters, each ……………… 7.00 Installing a gas refrigerator, for the first refrigerator …………………………… 12.00 Add for the 2nd and all additional refrigerators, each…………………… 7.00 Installing a hotel, or commercial gas fueled range, cooker, kettle, mangle or other ironer, commercial or residential, still or other appliance………………… 12.00 Add for the 2nd and all additional installations………………………… 7.00 Installing a septic tank and outfall field………………………………………… 42.00 Installing a lawn sprinkler system……………………………………………… 12.00 Installing a rangeboiler or storage tank, cutting into, replacing, repairing, or extending any sewer, soil waste, vent water or gas piping …………………… 12.00 Installing gas, oil or electric water heater up to 100 gal in any building and all installations in a single family dwelling or a two-family flat, for the first installation……………………………………………………………………… 12.00 Add for the 2nd and all additional installations of all gas, oil or electric water heaters, each……………………………………………………… 7.00 Connecting private swimming pool to water and sewer lines………………… 24.00 Connecting gas and water to a water heater with 100 gallons or more capacity in any building OTHER THAN a single family dwelling or a two-family flat For first connection…………………………………………………………… 12.00 Add for the 2nd and all additional connections of gas and water to a water heater, each……………………………………………………… 7.00 Installing gas fired boiler in a single family dwelling or a two-family flat, for the 1st installation…………………………………………… 12.00 Add for the 2nd and all additional connections of gas fired boiler, each 7.00 Connecting gas and water to a boiler in any building OTHER THAN a single family dwelling or a two-family flat For the fist connection………………………………………………… 9.00 Add for the 2nd and all additional connections of gas and water to boiler, each……………………………………………………………… 7.00 Installing gas fired furnace in a single family dwelling or a two-family flat, for the first installation……………………………………………………………… 12.00 Add for the 2nd and all additional installations of gas fired furnace for the 2nd and all additional installations of gas fired furnace…………… 7.00 Connecting gas to gas fired furnace in any building OTHER THAN a single family dwelling or a two-family flat For the first connection………………………………………………………… 1200 Add for the 2nd and all additional connections of gas to gas fired furnace, each…………………………………………………………… 700
NOTE: Excavation of private property to clean Downspouts ………………… 1200 REFUNDS: A refund of plumbing fee shall be made as follows: (a) When no work has been done under authority of permit the fee in excess of the cost of inspection to verify no work having been done, based on $13.00 per inspector hour, the cost of any engineering examination time previously devoted to approval of plans, based on $20.00 per hour, plus $19.00 administrative costs of "issuance and refund", shall be refunded … 19.00 (b) When work authorized by permit has been only partially done and when the District is satisfied that no more work will be done under the permit, the fee in excess of the cost of any Engineering plans examination based on $1300 per hour, plus $1900 administrative costs of “issuance and refund” shall be refunded ………………………… 19.00 (c) Provided: That request for refund shall be made within six (6) months from date of issuance and the permit and receipt are returned to the Permit Branch PENALTY: The Penalty for a permit to abate notice of doing work without a permit shall be 50% of the fee WAIVER OF PERMIT FEES: No permit shall be charged when supported by evidence indicating that the applicant is under contract or subcontract to perform the following: (1) Work done exclusively for the District of Columbia (2) Work done under contract for the District (3) Work done exclusively for agencies of the United States Government
SOURCE: Notice of Final Rulemaking published at 27 DCR 3326-28 (August 1, 1980).

14 DCMR § 699 DEFINITIONS

699.1 The provisions of § 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter

14-7 HOUSING CODE: CONSTRUCTION, MAINTENANCE, AND REPAIRS

14 DCMR § 700 GENERAL PROVISIONS

700.1 The purpose of this subtitle is to require repairs and maintenance designed to make a premises or neighborhood healthy and safe. These requirements are in addition to the basic repairs and maintenance needed to keep out the elements.

700.2 Every premises accommodating one (1) or more habitations shall be maintained and kept in repair to provide decent living accommodations for the occupants.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2501, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 58-458 (April 1, 1958).

14 DCMR § 701 GENERAL MAINTENANCE AND REPAIRS

701.1 All structures located on a premises including, but not limited to, accessory structures (such as walls, garages, fences, and sheds) shall be maintained in a sanitary and structurally sound condition and in good repair.

701.2 All walkways on private property shall be maintained in good repair, free of holes and safe for walking purposes.

701.3 Material used in making any repair shall be of a quality and kind suitable for the purpose for which it is used, and of a kind normally used by a good mechanic in the appropriate trade. Each repair shall be done in a workmanlike manner.

701.4 Construction details for alterations, additions or other work done as a result of any standard established in this subtitle shall be accomplished under permit and in the manner provided in the Building Code, Electrical Code, Plumbing Code, or other building regulations of the District of Columbia, as applicable.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1209, 2513, 2514 and 2515, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 58-458 (April 1, 1958).

14 DCMR § 702 ROOFS AND CHIMNEYS

702.1 The roof shall be maintained so it does not leak, and all rain water shall be drained and conveyed from the roof so that it does not cause wet walls or ceilings.

702.2 Each smoke pipe and each chimney shall be adequately supported, free from obstruction, and maintained in such condition that there will be no leakage or backing up of noxious or dangerous gases.

702.3 Each chimney shall be reasonably plumb.

702.4 The total area of all flue openings shall not exceed the net area of the chimney flue.

702.5 Unrequired openings in chimneys shall be closed with masonry.

702.6 All flue openings in chimneys shall be supplied with flue crocks, or metal or masonry thimbles.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2507 and 2509, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 703 GUTTERS AND DRAINAGE

703.1 All gutters and downspouts shall be properly connected, and shall be maintained in good condition, free of holes and obstructions.

703.2 Water shall be conveyed off premises in accordance with the plumbing regulations of the District of Columbia.

703.3 The owner of any premises used in whole or in part for residential purposes shall cause the yard or area at the premises to be graded and paved so that all drainage flows freely from all parts of the premises into any sewer traps which may have been provided for that purpose.

703.4 If there are no sewer traps, the drainage shall flow away from any inhabited building on the premises.

703.5 Yard spaces and other areas appurtenant to a residential building shall be graded by the owner to avoid the accumulation of water.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1203, 2510 and 2604, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 704 FOUNDATIONS, STRUCTURAL MEMBERS, AND EXTERIOR WALLS

704.1 Foundations and structural members shall provide a safe, firm, and substantial base and support for the structure at all points.

704.2 Exterior walls shall be structurally sound and free of cracks and holes through which rodents or the elements can enter the buildings.

704.3 Masonry walls shall be kept pointed.

704.4 All exterior surfacing materials shall be kept securely fastened in place.

704.5 All exterior wood surfaces shall be kept painted, varnished, shellacked, or covered with other preservative, unless the wood is customarily used in its natural state.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2503 and 2512, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 705 WINDOWS AND DOORS

705.1 Each window shall be fully supplied with window panes which are without open cracks or holes.

705.2 Each window sash shall be in good condition and shall fit reasonably well within its frame.

705.3 Each window, other than fixed windows, shall be capable of being easily opened and held in open or closed position by window hardware.

705.4 Each door, transom, side light, skylight, door hinge, and door latch shall be in good condition.

705.5 Each exterior door, when closed, shall fit reasonably well within its frame and shall be equipped with a lock which will permit easy egress without a key but will prevent entrance to the multi-unit dwelling without a key unless the door is opened from the inside, electrically or otherwise, by one (1) of the tenants or by an employee of the building owner.

705.6 All windows, doors, and their frames shall be constructed and maintained in relation to each other and to wall construction to do the following:

(a) Exclude rain completely from entering the structure: and

(b) Exclude wind substantially from entering the structure.

705.7 Each basement hatchway shall be constructed and maintained to prevent the entrance of rodents, rain, and surface drainage water into the dwelling.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2506, Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 2 of the Mandatory Lock Amendment Act of 1984, D.C. Law 5-131, 31 DCR 5716-17 (November 16, 1984).

14 DCMR § 706 INTERIOR WALLS, FLOORS, AND CEILINGS

706.1 Each interior wall or ceiling shall be structurally sound and free of loose plaster or other loose structural or surfacing material.

706.2 Each interior wall or ceiling shall be free of holes and wide cracks.

706.3 Each floor shall be structurally sound, reasonably level, and free of holes and wide cracks.

706.4 Each floor shall be free of loose, splintered, protruding, or rotting floor boards.

706.5 The floors and interior wall surfaces of residential buildings shall be maintained reasonably free of dampness.

706.6 In any habitable room where any wall or floor surface is damp, that condition shall be corrected, and the wall or floor shall be maintained in a corrected condition.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2504, 2505 and 2511, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 707 PEELING WALL COVERING OR PAINT

707.1 Loose or peeling wall covering or paint on interior surfaces shall be removed, and the surface so exposed shall be repainted or repapered by the owner, except as provided otherwise in § 707.2.

707.2 If a room or ceiling is completely replastered and white-coated, that room or ceiling need not be painted or papered.

707.3 The presence of loose or peeling paint in residential premises in violation of this chapter and constructed before 1978, and which constitutes a lead-based paint hazard as defined in section 2(22) of the Lead Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01(22)(“Lead Hazard Prevention and Elimination Act”), shall be enforced by the Mayor according to the provisions of the Lead Hazard Prevention and Elimination Act.

707.4 REPEALED

707.5 REPEALED

707.6 REPEALED

707.7 REPEALED

707.8 REPEALED

707.9 REPEALED

707.10 REPEALED

707.11 REPEALED

707.12 REPEALED

707.13 REPEALED

707.14 REPEALED

707.15 REPEALED

707.16 REPEALED

707.17 REPEALED

707.18 No entry or inspection of any residential premises shall be made without the permission of the occupant of the premises unless a warrant is obtained first from the Superior Court of the District of Columbia pursuant to D.C. Official Code § 11-941 (2001), authorizing the entry and inspection for the purpose of determining compliance with provisions of this section.

707.19 Any entry and inspection shall be made with the least possible disruption to the occupants.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2605, Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 2 of the Lead-Based Paint Poisoning Prevention Act of 1983, D.C. Law 5-35, 30 DCR 5407 (Oct. 21, 1983); incorporating by reference the text of D.C. Act 5-57, 30 DCR 4156 (August 19, 1983); as amended by: D.C. Act 14-438 (emergency) at 49 DCR 7676 (August 9, 2002) [EXPIRED]; as amended by: D.C. Act 15-411 (emergency) at 51 DCR 4677 (May 7, 2004) [EXPIRED]; as amended by: D.C. Act 15-430 (emergency) at 51 DCR 5718 (June 4, 2004) [EXPIRED]; as amended by: D.C. Act 15-468 (emergency) at 51 DCR 7587 (August 6, 2004) [EXPIRED]; as amended by: D.C. Act 15-769 at 52 DCR 2627 (March 18, 2005); as amended by the Lead Hazard Prevention and Elimination Amendment Act of 2010 (D.C. Law 18-348), published at 58 DCR 717, 722 (January 28, 2011).

14 DCMR § 708 STAIRWAYS, STEPS, AND PORCHES

708.1 Stairways, steps, and porches shall be firm, and the walking surfaces shall be sufficiently smooth so as to be readily cleaned and provide safe passageways free of tripping hazards.

708.2 Treads shall be reasonably level and in any flight evenly spaced.

708.3 Interior stairs more than two (2) risers high shall have an enclosing wall, balustrade, or other guard on each side, and shall have a handrail on at least one side.

708.4 All stair well openings shall have a balustrade or other guard along the entire length of any open or otherwise unprotected side.

708.5 Open porches forty-two inches (42") or more above the ground shall have balustrades or other guards not more than forty-two inches (42") in height along the entire length of any open, unprotected side.

708.6 Open porches less than forty-two inches (42") but more than twenty-four inches (24") above the ground shall have balustrades, or other guards not more than forty-two inches (42") in height or a top rail not more than forty-two inches (42") above the porch floor with an intermediate rail approximately midway between the floor and top rail along the entire length of any open unprotected side.

708.7 Exterior flights of stairs more than twenty-four inches (24") in height, attached to buildings or an appurtenance of buildings, including a porch or landing, shall be protected with a handrail, balustrade, or other guard on at least one side.

708.8 If an exterior flight of stairs extends more than forty-two inches (42"), each side of the stairs shall be protected by either a handrail, balustrade, or wall.

708.9 If an exterior flight of stairs is protected by two (2) walls, one shall have a handrail which will clear the wall by not less than one and one-half inches (1½") to provide maximum safety.

708.10 The vertical distance from the top of any handrail, balustrade, or other guard to the surface of any platform or front edge of any stair tread shall be not less than thirty inches (30") and not more than forty-two inches (42").

708.11 All steps, rails, balustrades, or other guards shall be of sound material and securely fastened.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2508, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 66-313 dated March 8, 1966, 12 DCR 198 (March 28, 1966).

14 DCMR § 799 DEFINITIONS

799.1 The provisions of section 199 of Chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14 DCMR § 2515 CONSTRUCTION WORK IN OCCUPIED BUILDINGS OR DWELLINGS

2515.1 Where construction work is conducted in an occupied rental unit within an apartment building, the owner shall comply with the District of Columbia Noise Control Act of 1977.

2515.2 Except as provided in subsection 2515.3, in any case where noise from construction, repair, or maintenance work will continue over a period of more than forty-eight (48) hours from the time the work is first initiated until the conclusion of the job (including periods of time when no work is being done) and the noise from the work will exceed sixty (60) decibels, the landlord shall provide the tenant with not less than five (5) days written notice of the construction, repair, or maintenance work, including the dates and times that the work will occur and a description of the work to be done.

2515.3 Subsection 2515.2 shall not apply to emergency work which is necessary to restore property to a safe condition following a public calamity or act of God, or work required to protect the health and safety of persons; provided, that the work shall be undertaken promptly and it is not feasible to provide advance notice.

History

SOURCE: Amended by D.C. Act 15-505 at 51 DCR 8825 (September 10, 2004); as amended by: D.C. Act 15-509 (emergency) at 51 DCR 8959 (September 17, 2004) [EXPIRED]; as amended by: D.C. Act (emergency) at 51 DCR 10348 (November 12, 2004).

14-8 HOUSING CODE: CLEANLINESS, SANITATION, AND SAFETY

14 DCMR § 800 GENERAL PROVISIONS

800.1 All premises occupied for residential purposes shall be kept in a clean, safe, and sanitary condition, including, but not limited to, the requirements of this chapter.

800.2 Floors, floor coverings, and other walking surfaces shall be clean and free of dirt, dust, filth, garbage, human or animal wastes, litter, refuse, or any other insanitary matter.

800.3 Walls, ceilings, windows, and doorways shall be clean and free of cobwebs, dirt, dust, greasy film, soot, or any other insanitary matter.

800.4 Plumbing fixtures shall be kept in a clean, sanitary condition, and shall be kept free of dirt, filth, human or animal wastes, or any other insanitary matter. Each occupant shall exercise care in the proper use and operation of plumbing fixtures.

800.5 Areaways, walkways, and yards shall be clean and free of ashes, filth, garbage, human or animal wastes, litter, refuse, or any other insanitary matter.

800.6 Other portions of each premise which are not specifically listed in this section shall be kept clean, and in a safe and sanitary condition.

800.7 The owner, user, or any person having the right to use any private passageway or alley, shall not permit any ashes, debris, dirt, filth, garbage, human or animal waste, litter, refuse, stagnant water, or any other insanitary matter to remain on that passageway or alley.

800.8 The owner of any premises shall maintain the premises free of any condition that may render the premises unhealthy or unsanitary for the occupant, the neighborhood or the community at large pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114, ch. 1626; D.C. Official Code §§ 42-3131, et seq. (2010 Repl. & 2011 Supp.)).

800.9 Premises maintained in violation of this chapter create a danger to the health, welfare or safety of the occupants and public, and, constitute a public nuisance.

800.10 The following types of vegetative growth are prohibited:

(a) Vegetative growth that exceeds ten inches (10 in.) in height or is untended;

(b) Shrubbery that is a detriment to the health, safety, or welfare of the public;

(c) Vegetative growth, regardless of height, that creates a harbor or concealment, including hiding places for persons and harbors or concealments for refuse or trash;

(d) Vegetative growth that harbors, or provides a refuge for, snakes, rodents, or other vermin, including rats and mice;

(e) Vegetative growth that creates an unpleasant or noxious odor;

(f) Vegetative growth that constitutes a fire hazard;

(g) Vegetative growth that creates a breeding place for mosquitoes; and

(h) Vegetative growth that is dead or diseased.

800.11 This chapter does not apply to weeds, grasses, or other vegetation, which is planted for agricultural use if such weeds, grasses or vegetation are, located at least one hundred fifty feet (150 ft.) from property zoned for nonagricultural use.

800.12 Nothing in this chapter shall prohibit an owner of any premises from maintaining healthy plants, grasses, or shrubbery in tended grounds, gardens, or landscape designed yards, which exceed ten inches (10 in.) in height.

800.13 The accumulation of trash on a premise shall constitute an unsanitary and unhealthy condition if it creates a:

(a) Harbor or concealment (including hiding places for persons);

(b) Harbor or refuge for snakes, rodents, or other vermin, including rats and mice;

(d) Fire hazard.

800.14 In addition to other penalties authorized by statute or regulation, the code official may serve one (1) or more of the following notices, which may impose a fine or other penalty, on an owner of property in violation of the provisions of this chapter:

(a) A notice of violation;

(b) A notice of infraction;

(d) Any other order or notice authorized to be issued by the code official.

800.15 Issuance of a notice of violation, notice of infraction, or combined notice of violation and notice of infraction pursuant to this section, prior to taking other enforcement action, is at the discretion of the code official. Failure to issue a notice of violation, notice of infraction, or combined notice of violation and notice of infraction shall not be a bar or a prerequisite to criminal prosecution, civil action, corrective action, or civil infraction proceeding based upon a violation of this chapter.

800.16 The owner of the premises may give written consent to the Mayor or the Mayor’s designee authorizing the removal of trash or the mowing of weeds or grass pursuant to a notice of violation requiring abatement of a prohibited condition. By giving such written consent, the owner waives the right to an administrative hearing challenging the Mayor's action.

800.17 Pursuant to this chapter, the Mayor or the Mayor’s designee is authorized to take summary abatement action to correct a violation of this chapter where a condition exists that imminently endangers the health, safety, or welfare of the occupant of the premises or the public.

800.18 If the owner of any premises is issued a notice of violation but fails to comply with the notice of violation, and another notice is issued for the same condition during the same growing season, the District may summarily abate the nuisance.

800.19 If the code official, in his or her discretion, decides to serve a notice of violation, the notice of violation shall state:

(a) The reason or reasons that support the notice of violation;

(b) That the owner of the premises must comply with the requirements of the notice no later than seven (7) days after the date of receipt of the notice, unless within that time the notice has been appealed;

(c) That if the owner does not comply with the requirements of the notice or appeal the notice within the seven (7)-day period, the District may abate the violation on its own, without the consent of the owner; and

(d) That the costs for such abatement shall be assessed against the owner of the premises and that failure to pay such costs may result in a lien being placed upon the premises without further notice to the owner.

800.20 Service of the notice of violation may be effected upon the owner of the premises by those methods outlined in section 3 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (34 Stat. 114; D.C. Official Code § 42-3131.03(2010 Repl. & 2011 Supp.)).

800.21 Civil fines, penalties and fees may be imposed as an alternative sanction for any infraction of the provisions of this chapter, or of any rules or regulations issued under the authority of this chapter, pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

800.22 If the Mayor or the Mayor’s designee must summarily abate a nuisance as set forth in this chapter, he or she is authorized to assess the fair market value of the correction or the actual costs of the correction, whichever is higher, and all expenses as a tax on the premises from which the condition arose as provided in the Act. The tax shall be carried on the District tax roll as a general tax.

800.23 Interest shall accrue on any unpaid bill at the rate of one and a half percent (1 1/2%) per month, or part thereof, from the date of the bill pursuant to D.C. Official Code § 47-1205(a)(2005 Repl.).

800.24 The revolving fund established, pursuant to the Act (D.C. Official Code § 6-711.01 (b)(1)(2008 Repl.)) provides funding for the abatement of nuisances in the District, and for other purposes. Monies in the revolving fund shall be available to cover the cost of correcting nuisances and other incidentals that may arise in enforcing any action authorized by this chapter or the Act. Any amount assessed and collected as a tax against real property pursuant to this chapter shall be deposited to the credit of the revolving fund.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, 218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932, Public, No. 237, 47 Stat. 550; and by An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2602 and 2603, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Notice of Emergency and Proposed Rulemaking at 49 DCR 4886 (May 24, 2002) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 4938 (June 20, 2003); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9817, 9820 (November 18, 2011).

14 DCMR § 801 RESPONSIBILITIES OF OWNERS AND LANDLORDS

801.1 If there are more than five (5) families residing in any multiple dwelling in which the owner does not reside, the owner(s) or lessee(s) of the building, when required by the Director, shall place in that building a janitor, housekeeper, or some other responsible person who shall reside in, and have charge of, the building.

801.2 In those portions of premises occupied for residential purposes which are vacant, used as common space, or are not under the exclusive control of a tenant, the owner or licensee shall be responsible for the observance of the provisions of this chapter.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1204 and 2601, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 802 RESPONSIBILITIES OF TENANTS

802.1 In those portions of premises occupied for residential purposes under the exclusive control of a tenant, it shall be the responsibility of the tenant to observe the provisions of this chapter, unless otherwise indicated in this chapter.

802.2 In addition to the tenant’s responsibilities under § 800, the tenant shall specifically be responsible for the following:

(a) Keeping the part of the premises that the tenant occupies and uses as clean and sanitary as the conditions of the premises permit;

(b) Disposing from the tenant’s dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean, safe, and sanitary manner;

(d) Properly using and operating all electrical, gas, plumbing, and heating fixtures and appliances.

802.3 A tenant shall not do or permit any person on the premises with the tenant’s permission to do any of the following:

(a) Willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit; or

(b) Willfully or wantonly destroy, deface, damage, impair, or remove any part of the facilities, equipment, or appurtenances to the dwelling unit.

802.4 The tenant of each dwelling unit in multiple dwellings shall provide as needed for the tenant’s own use sufficient, lawful and separate receptacles for the storage of ashes, garbage, and refuse in the tenant’s own unit.

802.5 All garbage, refuse, and ashes of each unit shall be placed by the tenant in receptacles and transferred by the tenant to the designated place of common storage on the premises, unless the collection and transfer is provided by the operator.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2601, 2602A and 3205, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 803 STORAGE OF ASHES, GARBAGE, AND REFUSE

803.1 In each multiple dwelling where the occupants of habitations are responsible for taking the ashes, garbage, or refuse from their respective quarters to a place of common storage or disposal, the place of common storage or disposal shall be readily accessible to all occupants at all times through common space within the premises.

803.2 In multiple dwellings where the owner or licensee is responsible for the collection or removal of ashes, garbage, or refuse from the individual habitations to a place of common storage or disposal, the owner or licensee shall cause sufficient daily collections, at an hour to be specified by the owner or licensee, to be made as may be necessary to keep the common space of the premises free from any accumulation of ashes, garbage, or refuse.

803.3 The principal occupant of a single or two-family dwelling, and the owners or licensees of multiple dwellings, shall provide and maintain water-tight metal receptacles with tight-fitting metal covers sufficient for the separate storage of all ashes, garbage, or refuse accumulating on the premises during the usual interval between collections of the ashes, garbage, and refuse.

803.4 If residential buildings are provided with interior refuse storage bins, the variety and number of those metal receptacles may be modified accordingly.

803.5 Persons required by this section to provide and maintain storage receptacles shall keep them free of accumulated grease, filth, or insect breeding, and shall keep them in a clean condition.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2609 and 2610, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 804 RATPROOFING

804.1 Every residential building shall be ratproofed and maintained in a ratproof condition by the owner or licensee of that building.

804.2 Ratproofing shall include construction designed to prevent rats from entering a building by blocking off or stopping up all passages by which rats may gain entry.

804.3 Ratproofing shall also include the closing of openings in exterior walls with materials through which rats cannot penetrate.

804.4 Ratproofing shall also include such interior rat stoppage, harborage removal, and cleanup as may be necessary to reduce or eliminate rat-breeding places.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2606, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 805 EXTERMINATION

805.1 The occupant of any single-family dwelling shall keep the premises free from vermin, rodents, and rodent harborage.

805.2 The occupant of any habitation in a two-family or multiple dwelling shall be responsible for the extermination of vermin and rodents whenever his or her habitation is the only one infested, except as provided otherwise in § 805.3.

805.3 If an infestation of a single habitation is caused by failure of the owner or licensee to maintain a residential building in a rodent-proof or reasonably insect-proof condition, the exterminating shall be done by the owner or licensee.

805.4 The owner or licensee of a two-family or multiple dwelling shall keep the common space in that residential building free from vermin and rodents, and rodent harborages.

805.5 The extermination of vermin and rodents shall be done by the owner or licensee whenever infestation exists in two (2) or more of the habitations in two-family or multiple dwellings.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2607, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 806 SCREENING

806.1 The owner or licensee of each residential building shall provide screens for all openings to the external air from March 15th through November 15th (both dates inclusive) of each year; provided, that effective means other than screens may be substituted for screens when specifically approved by the Director.

806.2 Screens shall have a minimum of sixteen (16) meshes to the inch or the equivalent effectiveness of sixteen (16) meshes to the inch.

806.3 Screens shall be maintained to prevent effectively the entrance of flies and mosquitoes into the building.

806.4 All hinged screen doors shall open outwardly and be self-closing.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2608, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 60-529 (March 15, 1960).

14 DCMR § 807 RADIO AND TELEVISION ANTENNAS

807.1 The owner or tenant of any premises shall not permit the horizontal members of radio and television antennas on the premises to be less than eight feet (8') in the clear above the roof.

807.2 No parts of any radio or television antenna shall be attached to or strung across any fire escape or ladder.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1208, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 808 INSANITARY OR UNSAFE SHEDS AND FENCES

808.1 No person who is the owner, owner’s agent, or manager of any property in the District of Columbia shall allow to remain on that property any fence or shed which the Fire Chief finds constitutes a fire hazard to any nearby structure.

808.2 No person who is the owner, owner’s agent, or manager of any property in the District of Columbia shall allow to remain on that property any fence or shed which the Director of the Department of Consumer and Regulatory Affairs finds constitutes a safety hazard.

808.3 No person who is the owner, owner’s agent, or manager of any property in the District of Columbia shall allow to remain on that property any fence or shed which the Director of Human Services finds is dilapidated, and which facilitates the accumulation of or interferes with the collection of trash, garbage, ashes or other materials which constitute a health hazard; or which harbors or provides harborage for rodents.

808.4 No person who is the owner, owner’s agent, or manager of any property in the District of Columbia shall allow to remain on that property any fence or shed which the Chief of Police determines interferes with the performance of the duty of members of the Metropolitan Police force or constitutes a menace to the public safety.

808.5 Whenever an official listed in §§ 808.1 through 808.4 or any designated agent of that official finds that any fence or shed is hazardous as set forth in this section, he or she shall give the owner, owner’s agent, or manager written notice to remove the hazard.

808.6 The written notice provided under § 808.5 shall state the following:

(a) The reason or reasons for ordering the removal of the fence or shed; and

(b) That the person receiving the notice shall comply with the requirements of the notice not later than thirty (30) days after the date of receipt of the notice, unless within that period of time he or she has appealed under § 808.7.

808.7 Any owner, owner’s agent, or manager receiving notice to remove a shed or fence under this section shall have thirty (30) calendar days in which to comply or to appeal in writing to the Board of Appeals and Review.

808.8 If within the time allowed, the owner, owner’s agent, or manager files an appeal, he or she shall be given opportunity to appear at a hearing before the Board of Appeals and Review.

808.9 The decision of the Board of Appeals and Review shall be final. If the decision is adverse to the appellant, the appellant shall comply with the provisions of the order appealed from (as that order may have been sustained or modified by the Board) within ten (10) calendar days after receipt of notice of the decision of the Board. Failure to comply shall constitute a violation of the order.

808.10 Any shed removed in compliance with a notice issued pursuant to the authority herein contained may be replaced only by a shed constructed in accordance with the Building Code.

808.11 Whenever any fence or shed is ordered removed, a copy of the notice ordering the removal shall be forwarded to the responsible official who shall issue permits for the construction of fences and sheds in accordance with the provisions of the order and who shall maintain a file of all notices.

808.12 Any fence removed in compliance with a notice issued pursuant to the authority of this section may be replaced only by one of the following:

(a) An open-pattern, noncombustible fence which is not more than seven feet (7') in height; or

(b) A combustible fence which is not more than three feet six inches (3'6") in height, constructed of pickets, palings, or boards, each of which is not more than four inches (4") in width and is separated from the immediately adjacent pickets, palings, or boards by spaces that are not less than two inches (2") in width.

808.13 Notwithstanding any of the provisions of this section, if there is a change in the ownership of any property affected by this section, or if that property is substantially improved or renovated, any fence or shed ordered removed from the property may be replaced by a fence or shed constructed in accordance with applicable laws and regulations.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1205, Commissioners’ Order 55-1503 (August 11, 1955). EDITOR’S NOTE: See D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987, 36 DCR 1072. See also Title 12 DCMR Construction Codes Supplement of 1999, 46 DCR 9412-9672 wherein the Director, Department of Consumer and Regulatory Affairs, adopted the 1996 edition of the Building Officials and Code Administrators International, Inc. (“BOCA”) National Building Code.

14 DCMR § 899 DEFINITIONS

899.1 The provisions of § 199 of chapter 1 of this title and the definitions set forth in this section shall be applicable to this chapter. In addition, the following words and terms shall have the meanings ascribed in sections 800.08 through 800.23 of this chapter:

Growing Season - the time period from May 1st through October 31st of the same calendar year.

Summary Abatement - the process by which DCRA may remove a nuisance from any premises, as described in this chapter, at the expense of the owner and before an administrative hearing challenging the notice.

Untended Premises - premises that exemplify a lack a care, maintenance, or management in violation of the provisions of this chapter.

Vegetative growth – vegetation of all types, including weeds, poison ivy, poison oak, poison sumac, kudzu, plants with noxious odors, and grasses causing hay fever.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2602 and 2603, C.O. 55-1503 (August 11, 1955); as amended by Notice of Emergency and Proposed Rulemaking at 49 DCR 4886 (May 24, 2002) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 4938 (June 20, 2003); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9817, 9823 (November 18, 2011).

14-9 SAFETY AND FIRE PREVENTION

14 DCMR § 900 OCCUPANCY OF RESIDENTIAL BUILDINGS

900.1 Allowable occupancy in residential buildings as provided in the this subtitle shall not be construed as superseding or contravening any limitations imposed on occupancy by applicable requirements of fire safety and egress.

900.2 Unoccupied buildings and buildings left uncompleted shall be protected by barricading, or other means, as to afford protection against accident to persons in or about the premises.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and by An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1210 and 1211, Commissioners’ Order 55-1503 (August 11, 1955), as amended by Commissioners’ Order 62-257 (February 6, 1962), 8 DCR 191 (February 19, 1962); as amended by Final Rulemaking published at 49 DCR 7487 (August 2, 2002).

14 DCMR § 901 FIRE SAFETY: GENERAL PROVISIONS

901.1 The operator of each housing business shall maintain all required fire extinguishing equipment in an operable condition.

901.2 The operator of each housing business shall maintain all required fireproofing and all fire protective construction in a good state of repair.

901.3 The owner of a multiple dwelling, containing two (2) or more units, shall submit to the Department of Consumer and Regulatory Affairs (“Department”) a copy of each report issued to the owner by the fire inspector of the District of Columbia citing one (1) or more violations of the Fire Prevention Code.

901.4 The owner shall submit a copy of the report to the Department within five (5) days of the date of issuance.

901.5 The owner shall correct the violations cited in the report within fifteen (15) days of the date of issuance, and shall submit written certification to the Department that the corrections have been made.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 3211 and 3212, Commissioners’ Order 55-1503 (August 11, 1955); as amended by section 4 of the Self-Inspection of Heating and Hot Water Systems Act of 1986, D.C. Law 6-158, 33 DCR 4936, 4940 (August 15, 1986).

14 DCMR § 902 EGRESS FACILITIES

902.1 It shall be the duty of the operator of each housing business to keep fire escapes, stairways, and other egress facilities in a good state of repair and free from obstruction.

902.2 The operator of each housing business shall keep exterior stairways and fire escapes painted.

902.3 The operator of each housing business shall maintain all fire doors for vertical and horizontal communications in an openable condition in accordance with their required function.

902.4 The operator of each housing business shall keep all public and exit corridors free of obstructions.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3208, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 903 EXIT AND EMERGENCY LIGHTS AND DIRECTIONAL SIGNS

903.1 It shall be the duty of the operator of each housing business to maintain in an operable condition all emergency and exit lights.

903.2 The operator of each housing business shall maintain lighted exits and emergency lights from sunset to sunrise, and at other times when conditions warrant.

903.3 The operator of each housing business shall maintain all exit directional signs.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3209, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 904 FIRE ALARM SYSTEMS

904.1 The operator of each housing business shall maintain in an operable condition all required fire alarm systems.

904.2 The operator of each housing business shall provide and maintain informative signs concerning the operation of the local fire alarm system at each striking station.

904.3 Each operator shall post and maintain signs referring to fires in accordance with section F-104.3 of Article 1 of the Fire Prevention Code of 1986, 12 DCMR § F104.3.

904.4 Each owner or operator of a housing business shall install smoke detectors and comply with the requirements of the Smoke Detector Act of 1978 (D.C. Law 2-81).

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 3210 - 3210.4 authorized by Commissioners’ Order 55-1503 (August 11, 1955), as amended by section 11 of the Smoke Detector Act of 1978, D.C. Law 2-81, 24 DCR 9056, 9065 (April 28, 1978). EDITOR’S NOTE: Article 1 of the Fire Prevention Code is published at 12D DCMR § F 104.3 (D.C. Supp. 1987).

14 DCMR § 905 COMBUSTIBLE REFUSE AND DEBRIS

905.1 No old rags, paper, or other like refuse material, gathered or recovered from any sources, shall be brought into or allowed to remain within any building used as a dwelling.

905.2 It shall be the duty of the operator of a housing business to maintain the premises, excepting those portions under the exclusive control of the tenant or tenants, free from combustible refuse and debris, accumulated grease, or oil spillage.

905.3 The operator of a housing business shall not permit the accumulation or rags, waste paper, broken furniture, or any combustible junk in any portions of the premises under the operator’s control.

905.4 The tenant of a housing business shall not permit the accumulation of rags, waste paper, broken furniture, or any combustible junk in any portions of the premises under the tenant’s control.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 1206 and 3206, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 906 HEATING AND COOKING APPLIANCES

906.1 The provisions of this section shall apply to all housing businesses.

906.2 Heating and cooking appliances shall be installed and maintained in accordance with the fire prevention and protection requirements of the applicable D.C. laws and regulations.

906.3 The operator shall be responsible for the fire-safe installation and maintenance of all heating and cooking appliances furnished by the operator of the housing business.

906.4 If appliances are furnished by the tenant, the tenant shall be responsible for meeting the District’s laws and regulations on fire protection and prevention.

906.5 Oil heaters shall be flue-connected and installed in accordance with the requirements of section F-308 of Article 3 of the Fire Prevention Code, BOCA Basic/National Fire Prevention Code/1984, 12 DCMR § F-308 (D.C. Supp. 1987).

906.6 Ashes shall not be placed in combustible receptacles, nor on or against combustible materials.

906.7 The operator shall maintain each incinerator, shaft, spark arrester, and hopper door in a fire-safe condition.

906.8 It shall be the duty of the operator to keep each gas meter room free from combustible material, and maintain the required ventilation for that room.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 3207, Commissioners’ Order 55-1503 (August 11, 1955). EDITOR’S NOTE: Article 3 of the Fire Prevention Code, which is referenced in § 906.5, is published at 12D DCMR § F-308 (D.C. Supp. 1987).

14 DCMR § 907 REPORT OF FIRES

907.1 Whenever a fire occurs in any residential building of any kind, except a private dwelling, it shall be the duty of the owner, manager, or person in control of that building, upon discovery of a fire, or evidence of there having been a fire (even though it has apparently been extinguished) immediately to cause notice of the existence of the fire, circumstances of the fire, and the location of the fire, to be given to the Fire Department.

907.2 This requirement shall not be construed to forbid the owner, manager, or person in control of the building from using all diligence necessary to extinguish the fire prior to the arrival of the Fire Department.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 1207, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 999 DEFINITIONS

999.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14-10 ROOMING HOUSES

14 DCMR § 1000 GENERAL PROVISIONS

1000.1 The provisions of this chapter shall be applicable to every building or part of a building occupied, used, or held out for use as a rooming house.

1000.2 The provisions of chapters 1 through 9 of this subtitle shall also be applicable to premises used or held out for use as a rooming house; provided, that whenever any provision contained in this chapter conflicts with or supersedes a provision contained in chapters 1 through 9, the provision contained in this chapter shall be applicable.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act, approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4101 and 4102, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1001 RESIDENT MANAGER

1001.1 If the licensee does not reside in person on the premises and does not superintend in person the operation or conduct of the rooming house, the licensee shall designate a manager or other person who is responsible for the premises.

1001.2 The designated manager or other person shall reside on the premises, shall superintend in person the operation or conduct of the rooming house, and shall have complete charge of the premises.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4103, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1002 REGISTRATION AND ROOM ASSIGNMENT

1002.1 Each person to whom a license has been issued to conduct a rooming house shall at all times keep a register in which there shall be maintained the following information:

(a) The name of each person occupying a room; and

(b) The date of arrival and date of departure of each person occupying a room.

1002.2 Each room shall be numbered, and the number shall be indicated in the register.

1002.3 No fictitious names shall be entered in the register.

1002.4 No room shall be assigned to persons of different sexes, except in the case of children accompanied by parent or guardian, unless such persons shall be registered as husband and wife.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4104 and 4105, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1003 ROOM KEYS

1003.1 The entrance door to each rooming unit shall be provided with a lock.

1003.2 A key for each rooming unit shall be furnished to each respective roomer.

1003.3 A duplicate key or keys shall be retained by the proprietor or manager.

1003.4 The proprietor or manager shall have access to all rooms at all reasonable hours.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4106, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1004 VERMIN

1004.1 All food in sleeping rooms shall be kept in vermin-proof containers.

1004.2 All preparations used for the extermination of vermin, such as sodium fluoride, shall be conspicuously colored and kept in containers clearly labeled “POISON.”

1004.3 Containers of poison shall not be placed with receptacles containing spices or condiments or other food substances.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4107 and 4110, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1005 SLEEPING ACCOMMODATIONS

1005.1 No room shall be used for sleeping purposes unless the clear height over the required floor area is at least the following:

(a) Eight feet (8') in buildings erected after July 10, 1942; or

(b) Seven feet (7') feet in buildings erected before July 10, 1942.

1005.2 Sleeping accommodations shall be determined by consideration of one (1) person for each single or three-quarters bed, and two (2) persons for each double bed present.

1005.3 The inspector shall accept the affidavit of an owner, lessee, proprietor, or manager to establish the actual number of persons occupying beds if it is claimed that double beds are of single occupancy.

1005.4 All bedding shall be kept in a clean and sanitary condition.

1005.5 A clean pillowslip, a clean sheet, and two (2) clean bath towels shall be provided at least once a week for each regular roomer.

1005.6 Each new roomer shall be provided with a complete change of linens and towels.

1005.7 The requirements of §§ 1005.4, 1005.5, and 1005.6 shall not apply if the roomer agrees in writing to furnish his or her own linens and towels.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4108 and 4109, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1099 DEFINITIONS

1099.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14-11 BOARDING HOUSES

14 DCMR § 1100 GENERAL PROVISIONS

1100.1 The provisions of this chapter shall be applicable to every building or part of a building occupied, used, or held out for use as a boarding house.

1100.2 The provisions of chapters 1 through 9 of this subtitle shall also be applicable to premises used or held out for use as a boarding house; provided, that whenever any provision contained in this chapter conflicts with or supersedes a provision contained in chapters 1 through 9, the provision contained in this chapter shall be applicable.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4101 and 4102, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1101 RESIDENT MANAGER

1101.1 If the licensee does not reside in person on the premises and does not superintend in person the operation or conduct of the boarding house, the licensee shall designate a manager or other responsible person for the premises.

1101.2 The designated manager or other person shall reside on the premises, shall superintend in person the operation or conduct of the boarding house, and shall have complete charge of the premises.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4103, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1102 REGISTRATION AND ROOM ASSIGNMENT

1102.1 Each person to whom a license has been issued to conduct a boarding house shall at all times keep a register in which there shall be kept the following information:

(a) The name of each person who has sleeping accommodations on the premises; and

(b) The date of arrival and date of departure of each person who has sleeping accommodations on the premises.

1102.2 Each room shall be numbered, and the number shall be indicated in the register.

1102.3 No fictitious names shall be entered in the register.

1102.4 No room shall be assigned to persons of different sexes, except in the case of children accompanied by parent or guardian, unless those persons are registered as husband and wife.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4104 and 4105, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1103 MANAGER’S CERTIFICATE

1103.1 Each manager or operating proprietor of a boarding house in the District of Columbia where meals or lunches are served to ten (10) or more persons shall obtain a Manager’s Certificate.

1103.2 It shall be unlawful for any person in the District of Columbia to assume the management of any boarding house where meals or lunches are served to ten (10) or more persons without having first qualified for a Manager’s Certificate.

1103.3 A Manager’s Certificate may be obtained by making application for the same and undergoing an examination before a board consisting of three (3) persons, the chairman and other members to be persons employed by the District and designated by the Mayor or the Mayor’s designee.

1103.4 The examination shall be designed to test each applicant’s proficiency in food and restaurant sanitation.

1103.5 Each applicant successfully passing the examination shall be entitled to, and shall be awarded, a Manager’s Certificate which shall entitle the holder to manage any boarding house in the District.

1103.6 Any applicant who fails to pass the examination shall be entitled to a re-examination in thirty (30) days.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4201, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1104 SLEEPING ACCOMMODATIONS

1104.1 No sleeping facilities shall be permitted in any room which is a part of any room where food is prepared, served or stored, or in which utensils are washed or stored.

1104.2 No room shall be used for sleeping purposes unless the clear height over the required floor area is at least the following:

(a) Eight feet (8') in buildings erected after July 10, 1942; or

(b) Seven feet (7') in buildings erected before July 10, 1942.

1104.3 Sleeping accommodations shall be determined by consideration of one (1) person for each single or three-quarters bed, and two (2) persons for each double bed present.

1104.4 The inspector shall accept the affidavit of an owner, lessee, proprietor, or manager to establish the actual number of persons occupying beds if it is claimed that double beds are of single occupancy.

1104.5 All bedding shall be kept in a clean and sanitary condition.

1104.6 A clean pillow slip, a clean sheet, and two (2) clean bath towels shall be provided at least once a week for each regular roomer.

1104.7 Each new roomer shall be provided with a complete change of linens and towels.

1104.8 The requirements of subsections 1104.5, 1104.6, and 1104.7 shall not apply if the roomer agrees in writing to furnish his or her own linens and towels.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4108 and 4109, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1105 ROOM KEYS

1105.1 The entrance door to each rooming unit shall be provided with a lock.

1105.2 A key for each rooming unit shall be furnished to each respective roomer.

1105.3 A duplicate key or keys shall be retained by the proprietor or manager.

1105.4 The proprietor or manager shall have access to all rooms at all reasonable hours.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4106, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1106 FLOORS, WALLS, AND CEILINGS

1106.1 The floors of all rooms in which food or drink is stored, prepared, or served shall be constructed to be easily cleaned, shall be smooth, shall be kept clean, and shall be maintained in a safe and sanitary condition.

1106.2 Walls and ceilings of all rooms in which food or drink is stored, prepared or served, shall be kept clean, and shall be maintained in a safe and sanitary condition.

1106.3 The floors of all rooms in which utensils are washed or stored shall be constructed to be easily cleaned, shall be smooth, shall be kept clean, and shall be maintained in a safe and sanitary condition.

1106.4 Walls and ceilings of all rooms in which utensils are washed or stored shall be kept clean, and shall be maintained in a safe and sanitary condition.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4202 and 4203, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1107 VENTILATION

1107.1 All rooms in which food or drink is prepared, or in which food or drink is served, or in which utensils are washed, shall be reasonably ventilated.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4205, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1108 LIGHTING

1108.1 All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be provided with adequate natural or artificial lighting.

1108.2 In rooms in which food or drink is prepared or served, or in which utensils are washed, adequate natural or artificial lighting shall be provided which is sufficient to produce an intensity of not less than fifteen (15) foot candles at thirty inches (30") from the floor.

1108.3 In rooms in which food or drink is stored, adequate natural or artificial lighting shall be provided which is sufficient to produce an intensity of not less than four (4) foot candles, at thirty inches (30") from the floor.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4204, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1109 FOOD PREPARATION AND DISHWASHING FACILITIES

1109.1 The rooms in which food is prepared shall be of adequate size and construction to permit easy cleaning and the unhampered performance of kitchen operations.

1109.2 Running hot and cold water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate and of a safe, sanitary quality.

1109.3 All eating and cooking utensils, and all windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment shall be kept clean and in a sanitary condition.

1109.4 All cloths used by waiters, chefs and other employees shall be clean.

1109.5 Single-service containers shall be used only once.

1109.6 All except single-service eating and drinking utensils shall be thoroughly cleansed and sterilized and shall, at the time of service to the public, be thoroughly clean and sterilized.

1109.7 All multi-use containers and utensils used in the preparation, cooking or serving of food and drink shall be thoroughly cleansed and sterilized immediately following the day’s operations.

1109.8 All boarding houses where dishwashing is done by other than mechanical means, shall be provided with facilities to ensure sterilization of all common eating and drinking utensils and thorough cleansing of all cooking utensils.

1109.9 Mechanical dishwashing machines used for sterilizing purposes shall be equipped to provide a minimum temperature of at least one hundred eighty degrees Fahrenheit (180º F.) when in use for sterilizing purposes.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4207-4209, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1110 STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT

1110.1 After cleansing and sterilizing treatment, utensils shall be stored in a clean dry place; shall be protected from flies, dust, or other contamination; and shall be handled in such a manner as to prevent contamination, so far as practicable.

1110.2 Single-service utensils shall be purchased only in sanitary containers and shall be stored in those containers in a clean, dry place until used.

1110.3 Kitchens shall not be used for the storage of other than food products and kitchen, cooking, or eating utensils and equipment in use.

1110.4 Cracked or chipped china and glassware shall not be used, but shall be discarded.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4210 and 4220, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1111 STORAGE AND HANDLING OF FOOD

1111.1 All food and drink shall be stored and displayed so as to be protected from dust, rodents, flies, vermin, handling, droplet infection, overhead leakage and other contamination.

1111.2 All food in sleeping rooms shall be kept in vermin-proof containers.

1111.3 The containers in which flour, sugar, and similar food products are dispensed in daily usage shall be provided with tight-fitting tops and shall be so constructed as to protect the contents from dust, dirt, insects, and other contamination.

1111.4 Sugar served to the public in boarding houses shall be dispensed from screw top or other type containers which provide protection from dirt, dust, other contamination and human handling, at all times, except in the case of lump sugar that is individually wrapped.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4107, 4212 and 4219, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1112 REFRIGERATION

1112.1 All perishable food or drink shall be kept at or below forty-five degrees Fahrenheit (45° F.), except when being prepared or served.

1112.2 Waste water from refrigeration equipment shall discharge into an open sink or drain properly trapped and sewer connected; provided, that if sewer connections are not available, clean, adequate, and water-tight drip pans shall be provided.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4213, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1113 WHOLESOMENESS OF FOOD AND DRINK

1113.1 All food and drink shall be wholesome, unadulterated, and free from spoilage.

1113.2 Milk shall be served in the original container in which it is received from the distributor.

1113.3 All shellfish shall be from sources approved by the United States Public Health Service.

1113.4 All cream dispensers shall be constructed to be readily cleansed.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4211, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1114 POISONS

1114.1 All preparations used for the extermination of vermin, such as sodium fluoride, shall be conspicuously colored and kept in containers clearly labeled “POISON.”

1114.2 Containers of poison shall not be placed with receptacles containing spices or condiments or other food substances.

1114.3 No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4110 and 4218, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1115 HEALTH OF EMPLOYEES

1115.1 The Director of the District agency responsible for enforcement of applicable health regulations with respect to food establishments shall have full power and authority at any time to make any examinations and tests that may be necessary to determine whether any food handler has a disease in a communicable form or is a carrier of a communicable disease.

1115.2 It shall be the duty of all food handlers to submit to examination at the request of the Director, and any food handler who refuses to submit to an examination shall not be employed or continued as a food handler in any boarding house.

1115.3 No person knowing himself or herself to be afflicted with disease in a communicable form shall work as a food handler in any boarding house.

1115.4 Except with the approval of the Director, no operating proprietor or manager of any boarding house shall employ or continue to employ any person as a food handler if the operating proprietor or manager has reason to suspect the person is afflicted with disease in a communicable form.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 4214, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1116 CLEANLINESS OF EMPLOYEES

1116.1 All employees shall wear clean garments and shall keep their hands clean at all times while engaged in the handling of food, drink, utensils and equipment.

1116.2 All female employees shall wear hairnets, and all male employees shall wear caps, while engaged in the preparation of food during working hours.

1116.3 All employees who in any manner come in contact with or handle food shall, before beginning work, thoroughly wash their hands with soap and water.

1116.4 No employee shall be permitted to smoke while on duty and engage in the preparation, handling, or serving of food.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4216, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1117 LAVATORY FACILITIES

1117.1 All kitchens where food is prepared shall be equipped with adequate hand- washing facilities for the washing and cleansing of the hands, equipped with running hot and cold water, soap and approved sanitary towels.

1117.2 The use of the common towel is prohibited.

1117.3 No employee shall return from a toilet room without having first washed his or her hands.

1117.4 Handwashing signs shall be posted in each toilet room used by employees.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4215, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1118 LOCKER OR DRESSING ROOM FOR EMPLOYEES

1118.1 Adequate lockers or dressing rooms shall be provided for the clothing of male and female employees.

1118.2 Soiled linens, coats, and aprons shall be kept in vermin-proof containers provided for that purpose.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 4217, Commissioners’ Order 55-1503 (August 11, 1955).

14 DCMR § 1199 DEFINITIONS

1199.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14-12 APARTMENTS AND APARTMENT HOUSES

14 DCMR § 1200 GENERAL PROVISIONS

1200.1 The provisions of this chapter shall be applicable to every building or part of a building occupied, used, or held out for use as an apartment or apartment house, whether tenant or owner occupied.

1200.2 The provisions of chapters 1 through 9 of this subtitle shall also be applicable to premises used or held out for use as an apartment or apartment house; provided, that whenever any provision contained in this chapter conflicts with or supersedes a provision contained in chapters 1 through 9, the provision contained in this chapter shall be applicable.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 6101 and 6102, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 57-1023 (June 6, 1957).

14 DCMR § 1201 NON-RESIDENT LICENSEES

1201.1 No license to operate an apartment house business shall be issued to a person not a resident of the District of Columbia, unless that non-resident, as a condition of receiving and maintaining the license, does one of the following:

(a) Maintains an office in the District of Columbia; or

(b) Appoints or employs and maintains an attorney-in-fact, general agent or manager who is a resident of the District or who maintains an office in the District, and notifies the Director of that appointment or employment.

1201.2 A non-resident licensee shall notify the Director of any change in the appointment or employment of his or her attorney-in-fact, general agent, or manager within five (5) business days of the change.

1201.3 In all cases of a non-resident licensee, notice of any action to be taken with respect to the license issued to the licensee may be served upon the attorney-in-fact, general agent, or manager appointed or employed by that non-resident licensee.

1201.4 Upon certification to the Director by an officer of the District required to serve notices in connection with the operation of an apartment house business that a licensee (or the attorney-in-fact, general agent, or manager of that licensee) cannot be found after reasonable search, proceedings against the licensee may be instituted by serving notice, in the manner prescribed in § 105.4 of this title, upon either the licensee or any person who has been designated by the licensee as attorney-in-fact, general agent, or manager, and whose designation has not been rescinded by the licensee in a written notice of rescission sent to the Director.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 6103, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 57-1023 (June 6, 1957).

14 DCMR § 1202 REGISTRATION OF TENANTS

1202.1 A licensee shall establish and maintain, within five (5) business days after the opening of the business, a book, books, record, or records in which shall be written in English the name of each tenant of every apartment in the apartment house together with the number of the apartment in which the tenant is residing.

1202.2 The registration book, books, record, or records shall be kept current and in good repair at all times within the District of Columbia, and shall be open for inspection by the departments of the District government responsible for enforcement of District laws and regulations.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 6104, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 57-1023 (June 6, 1957).

14 DCMR § 1203 POSTING OF INFORMATION REGARDING BUILDING MANAGEMENT

1203.1 The licensee shall provide information regarding the building management in a notice framed under clear glass or plastic, and shall post the notice or cause the notice to be posted in a conspicuous place in the apartment building to which the notice applies.

1203.2 The notice shall contain the name, address and the telephone number of a responsible representative of the building management who may be reached in the event of complaints or emergency situations.

1203.3 The notice shall also contain information regarding the manner in which the representative or alternate may be reached after normal working hours and on Sundays and holidays.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 6105, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Commissioners’ Order 57-1023 (June 6, 1957).

14 DCMR § 1204 DESIGNATION OF APARTMENTS

1204.1 Each apartment entrance door shall be distinctively numbered or lettered and all other rooms in the apartment buildings shall be distinctively identified.

1204.2 The provisions of this section shall not apply to rooms in individual apartments.

1204.3 The owner of each apartment house shall maintain and provide the tenants of each apartment the use of a secure mail receptacle which has been approved by the United States Postal Service.

1204.4 Each receptacle, other than those in an apartment house that has twenty-four (24) hour-a-day desk clerk service, is required to have a lock that will enable it to be secured and the owner shall provide each tenant with a key to the lock.

1204.5 Installation, security specifications, and maintenance of mail receptacles shall be consistent with the requirements of postal service laws and regulations.

1204.6 The owner shall be responsible for the proper installation of mail receptacles, and shall maintain the same in safe and good working condition.

1204.7 In the event of disrepair, the owner shall have a reasonable time (not to exceed seven (7) working days) to repair mail receptacles.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 6106, Commissioners’ Order 55-1503 (August 11, 1955); as amended by: Commissioners’ Order 57-1023 (June 6, 1957); and section 2 of the Mandatory Mail Receptacle Act of 1984, D.C. Law 5-141, 32 DCR 1726 (March 29, 1995), incorporating by reference the text of D.C. Act 5-199, 31 DCR 5757 (November 16, 1984).

14 DCMR § 1205 ELEVATOR MAINTENANCE

1205.1 The owner of any apartment building or a house consisting of five (5) or more floors which contains one (1) or more elevators shall maintain the elevators in good working order.

1205.2 Any alterations, repairs, or replacements necessary to maintenance or restoration of elevator service shall be provided by the owner promptly after the stoppage or malfunction in order that service is restored as soon as reasonably possible.

1205.3 Any alterations, repairs, or replacement of elevator service shall comply with the Elevator Code of the District of Columbia, effective November 3, 1977 (D.C. Law 2-36; Title 5E-1 DCRR).

History

SOURCE: Section 2 of the Apartment House Elevator Act of 1984, D.C. Law 5-132, 32 DCR 1717 (March 13, 1985), incorporating by reference the text of D.C. Act 5-190, 31 DCR 5718 (November 16, 1984). EDITOR’S NOTE: The Elevator Code of the District of Columbia was republished as Title 13A of the District of Columbia Municipal Regulations (April 1984) and amended by the District of Columbia Construction Codes Supplement of 1999 (Title 12 DCMR) which adopts the 1996 edition of the BOCA National Building Code.

14 DCMR § 1299 DEFINITIONS

1299.1 The provisions of section 199 of chapter 1 of this title and the definitions set forth in that section shall be applicable to this chapter.

14-13 HOTELS AND MOTELS

14 DCMR § 1300 GENERAL PROVISIONS

1300.1 The provisions of this chapter shall be applicable to every building or part of a building occupied, used, or held out for use as a hotel or motel.

1300.2 The provisions of chapters 1 through 9 of this subtitle shall also be applicable to premises used or held out for use as a hotel or motel; provided, that whenever any provision contained in this chapter conflicts with or supersedes a provision contained in chapters 1 through 9, the provision contained in this chapter shall be applicable.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, No.218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932 to amend section 7 [of the Act of 1902], Public, No. 237, 47 Stat. 550; and An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.
SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 7101-7102, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1301 HOTEL AND MOTEL MANAGERS

1301.1 If the licensee does not superintend in person the operation or conduct of the hotel or motel, the licensee shall designate a manager or other responsible person who shall superintend in person the operation or conduct of the hotel or motel.

1301.2 The designated manager or other responsible person shall have complete charge of the operation and conduct of the hotel or motel.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7201, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1302 REGISTRATION OF OCCUPANTS

1302.1 Each person licensed to conduct a hotel or motel shall at all times keep a register, which shall contain the following:

(a) The name of each person occupying a rooming unit in the hotel or motel; and

(b) The date of arrival and date of departure of each occupant.

1302.2 Each room shall be numbered and the number of the room assigned to each occupant shall be indicated in the register.

1302.3 The register shall be available for inspection by officials of the District of Columbia.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7202, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1303 ROOM KEYS

1303.1 The entrance door to each rooming unit shall be provided with a lock.

1303.2 A key to the unit shall be furnished to the respective occupant.

1303.3 A duplicate key or keys shall be retained by the licensee or manager who shall have access to all rooms at all reasonable hours.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7203, Commissioners’ Order 53-1503 (August 11, 1955).

14 DCMR § 1304 CLEANING AND MAINTENANCE OF ROOMS

1304.1 It shall be the duty of the operator to thoroughly clean any room which has been allocated to the use of any one person before allocating the use of that room to another person.

1304.2 All bedding shall be kept in a clean and sanitary condition.

1304.3 Each transient shall be provided with clean bed linen for each day’s use.

1304.4 Each transient shall be provided, for his or her individual use, with at least the following each day:

(a) One clean bath towel and one clean hand towel; and

(b) Sufficient soap for ordinary use.

1304.5 All other guests shall be provided at least the following each week:

(a) One clean pillow slip;

(b) Two (2) clean sheets;

(d) Two (2) clean hand towels.

1304.6 Each new occupant shall be provided with a complete change of linens and towels.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 7206-7207, Commissioners’ Order 53-1503 (August 11, 1955).

14 DCMR § 1305 POSTING OF PERMISSIBLE OCCUPANCY AND RATES

1305.1 The operator of each hotel or motel shall post in a conspicuous place within each rooming unit used for the accommodation of transients a card stating the maximum number of occupants permitted in that room under these regulations.

1305.2 The operator of each hotel or motel shall post in a conspicuous place within each rooming unit used for the accommodation of transients a card stating the maximum rates charged for that rooming unit under varying conditions of occupancy.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 7204-7205, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1306 MAXIMUM PERMISSIBLE OCCUPANCY OF HOTEL AND MOTEL ROOMS

1306.1 Each room used for sleeping purposes by not more than two (2) transients shall be a habitable room containing at least seventy square feet (70 ft.2) of habitable room area.

1306.2 Each room used for sleeping purposes by three (3) or more transients shall be a habitable room containing at least thirty square feet (30 ft.2) of habitable room area for each occupant of the room.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7301, Commissioners’ Order 53-1503 (August 11, 1955).

14 DCMR § 1307 HIGH-DENSITY USE OF HOTEL AND MOTEL ROOMS

1307.1 If a hotel or motel uses any sleeping room for the accommodation of a greater number of occupants than is authorized by § 402 of this subtitle, but not in excess of that permitted by § 1306, the increased density of occupancy (also referred to in this chapter as “high density occupancy” or “high density use”) shall be permitted only if there is compliance with the conditions set forth in this chapter.

1307.2 Each occupant of a high density use room shall be a transient.

1307.3 The maximum number of occupants accommodated on any single floor of the hotel or motel shall not exceed one (1) person for each fifty square feet (50 ft.2) of the total habitable room area in all of the rooming units located on that floor.

1307.4 High density occupancy rooms shall be provided with daily maid service which shall include at least one thorough cleaning of the room each day it is occupied.

1307.5 Each high density occupancy room shall be given a daily airing, unless the room is mechanically ventilated.

1307.6 The beds in each high density occupancy room shall be arranged so that the head end of each bed is at least three feet (3') distant from the head end of any other bed.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7302, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR § 276 (June 24, 1963).

14 DCMR § 1308 SECURITY REQUIREMENTS FOR HIGH DENSITY USE ROOMS

1308.1 A high density use room shall be located in a hotel or a motel protected by a supervised watchman service comprised of such number of employees, with such number of watchmen’s clock stations, and with inspection tours following such routes, as may be approved by the Fire Marshall.

1308.2 Each floor and stairway in a high density use hotel or a motel shall be inspected by the employees of the supervised watchman service at least once every thirty (30) minutes during the period beginning at 12:00 midnight and ending at 7:00 a.m. the following morning.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7302, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1309 LIGHTING AND VENTILATION IN HIGH DENSITY USE ROOMS

1309.1 Each room used for high density occupancy shall have at least twenty-five percent (25%) more natural light than is required by § 502 of this subtitle.

1309.2 Each room used for high density occupancy shall have at least twenty-five percent (25%) more ventilation than is required by § 506 of this subtitle.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7302, Commissioners’ Order 53-1503 (August 11, 1955).

14 DCMR § 1310 CEILING HEIGHT IN HIGH DENSITY USE ROOMS

1310.1 A high density occupancy room shall have a ceiling height of eight feet (8') or more throughout the room, except as otherwise provided in this section.

1310.2 Under beams, pipes, ducts, and other construction projections from the ceiling, there shall be a minimum clear head room of six feet, eight inches (6'8") in each high density occupancy room.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7302, Commissioners’ Order 53-1503 (August 11, 1955), as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 24, 1963).

14 DCMR § 1311 HIGH DENSITY USE OF BATHROOM FACILITIES

1311.1 Notwithstanding the requirements of § 602 of this subtitle, hotels or motels which have high-density occupancy of any sleeping rooms, as permitted under the provisions of this chapter, may permit not more than ten (10) transients to use one water closet, one lavatory, and one bathing facility in order to accommodate the additional occupants allowed by this chapter.

1311.2 Any transient accommodated in a room not provided with a bathroom containing a water closet, lavatory, and bathing facility shall have those facilities available for his or her use in a hall bathroom.

1311.3 Each hall bathroom shall be on the same floor with the sleeping accommodations it is intended to serve.

History

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 7303, Commissioners’ Order 53-1503 (August 11, 1955); as amended by Commissioners’ Order 63-1354 (June 6, 1963), 9 DCR 276 (June 4, 1963).

14 DCMR § 1399 DEFINITIONS

1399.1 The provisions of section 199 of chapter 1 of this subtitle and the definitions set forth in that section shall be applicable to this chapter.

14-14 CERTIFICATE OF OCCUPANCY: RULES OF PROCEDURE

14 DCMR § 1400 PURPOSE

1400.1 The purpose of these rules is to establish the procedures for applying for a Certificate of Occupancy.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and ten, and for other purposes, Public, No. 303, 35 Stat. 688, ch. 250, approved March 3, 1909, D.C. Official Code § 6-661.01 (2001) and Reorganization Plan No. 1 of 1982, D.C. Official Code, Vol. 3, 362 (2001).
SOURCE: Notice of Final Rulemaking published at 29 DCR 5571 (December 17, 1982). EDITOR’S NOTE: The procedural rules in this chapter were promulgated by the Department of Licenses, Investigations and Inspections pursuant to Part II(e) of Reorganization Plan No. 1 of 1982 (D.C. Official Code, Vol. 3, 362 (2001) which gave the aforesaid department the authority to administer and enforce the zoning statutes, code and regulations governing the use of all private land and buildings. The Department of Licenses, Investigations and Inspections was abolished by Reorganization Plan No. 1 of 1983, (D.C. Official Code, Vol. 3 at 367 (2001) which transferred the authority, duties and functions of that department to the director of the Department of Consumer and Regulatory Affairs. Therefore, all references to the Department of Licenses, Investigations and Inspections in the original source of these rules have been changed in this chapter to the “Department of Consumer and Regulatory Affairs.”

14 DCMR § 1401 GENERAL REQUIREMENT FOR CERTIFICATE OF OCCUPANCY

1401.1 Except as provided in the District of Columbia Zoning Regulations, 11 DCMR § 3203, no person shall use any structure, land, or part thereof for any purpose other than a one-family dwelling until a Certificate of Occupancy has been issued to that person stating that the use complies with the Zoning Regulations and related building, electrical, plumbing, mechanical and fire prevention requirements.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571-72 (December 17, 1982).

14 DCMR § 1402 APPLICATION PROCEDURE

1402.1 All applications for Certificate of Occupancy shall be filed with the Director or his or her designee on the prescribed forms.

1402.2 The Director or his or her designee shall collect the designated fees and refer the application to appropriate inspection agencies within five (5) working days from the date of filing.

1402.3 For changes in ownership of structures, land, or parts with an existing valid Certificate of Occupancy, a new Certificate of Occupancy shall be issued in the name of the new owner (without reinspection), provided there is no proposed change in use or occupancy load.

1402.4 For new construction, renovation, and changes in use or occupancy load, no application for a Certificate of Occupancy shall be accepted unless the applicant provides proof that required permit work (electrical, plumbing and construction) is completed and has been approved and that the building or premises complies with the requirements of the Zoning Regulations and related building, electrical, plumbing, mechanical and fire prevention requirements.

1402.5 Following the filing of an application, inspections shall be made within fifteen (15) working days from the date of referral and the applicant shall be provided with a written composite notice of all existing violations of the applicable Codes and Regulations within ten (10) working days from the date of the initial inspection.

1402.6 The notice of violations shall be hand delivered to the applicant or sent by certified mail, return receipt requested. The inspection agency shall maintain the returned receipt for review by the Director.

1402.7 If an inspection has not been performed by an agency within fifteen (15) working days, the respective agency shall report all relevant facts to the Director or his or her designee issuing Certificates of Occupancy and the Director or his or her designee shall report these facts to the applicant within ten (10) days.

1402.8 If a second visit is required to complete the initial inspection, the reinspection shall be made within ten (10) working days from the date of the initial inspection.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5572 (December 17, 1982).

14 DCMR § 1403 FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS

1403.1 Except as provided in § 1404, the failure to comply with all applicable District of Columbia laws and regulations pertaining to the issuance of a Certificate of Occupancy, within the prescribed time frame in a deficiency notice, or within ninety (90) calendar days whichever occurs last, shall cause the application to be cancelled without further notice to the applicant, and the applicant shall be required to file a new Certificate of Occupancy application and pay the required fees.

1403.2 Refusal to permit entry for inspection of the premises may result in the cancellation of the Certificate of Occupancy application without further notice to the applicant.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5573 (December 17, 1982).

14 DCMR § 1404 EXTENSION-SPECIAL OR UNUSUAL CIRCUMSTANCES

1404.1 An applicant may be granted an extension to comply with the deficiency notice for any of the following reasons:

(a) The District Government has performed all the required services but due to extenuating circumstances the applicant is unable, through no fault of his or her own, to bring the property into compliance; and

(b) Other special or unusual circumstances as determined by the Director.

1404.2 All requests for extensions shall be made in writing and addressed to the Director, Department of Consumer and Regulatory Affairs.

1404.3 All requests for extensions shall be filed fifteen (15) working days prior to the expiration of the prescribed time period. The request shall specify the following:

(a) The basis for the request including the details of all efforts on the part of the applicant to bring the property for which an exemption is requested into compliance;

(b) The facts which support the request in sufficient detail to enable the Director to make an informed judgment; and

1404.4 The exemption requested shall be either granted or denied by the Director as soon as practicable after receipt of all required information.

1404.5 The decision to grant or deny the exemption shall be delivered to the applicant in writing by certified mail or personal service.

1404.6 A decision to grant an exemption shall set forth the extended period of time by which compliance shall be achieved.

1404.7 If a reinspection is required, the applicant shall receive an extension of time equal to the additional time required for the reinspection.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5573 (December 17, 1982).

14 DCMR § 1405 RECORDS

1405.1 The Director or his or her designee shall be the custodian of Certificate of Occupancy records. The records shall include, but not be limited to, the following:

(a) Pending Certificate of Occupancy applications;

(b) Exemptions granted pursuant to section § 1404; and

(c) All approved applications for Certificates of Occupancy, issued Certificates of Occupancy and copies of all cancellation notices and related correspondence.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5574 (December 17, 1982).

14 DCMR § 1406 REVOCATION OF A CERTIFICATE OF OCCUPANCY

1406.1 Any Certificate of Occupancy issued pursuant to these rules may be revoked by the Director, after notice, if the actual occupancy does not conform with that permitted or because of any misrepresentation in the application having a substantial bearing on the safety of the occupancy, or if due to any material circumstance, it is found to have been issued in error.

1406.2 Notice of the proposed revocation of the Certificate of Occupancy shall be given in writing, setting forth specifically the grounds of the complaint.

1406.3 The notice shall be by certified mail, at least ten (10) days prior to the date of the proposed action.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5574 (December 17, 1982).

14 DCMR § 1407 APPEALS

1407.1 Any person aggrieved by the action of the Director granting, withholding, or revoking a Certificate of Occupancy may appeal the action to the Board of Zoning Adjustment, pursuant to D.C. Official Code 6-641.07(f) (2001), and the District of Columbia Zoning Regulations.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5575 (December 17, 1982).

14 DCMR § 1408 SEVERABILITY

1408.1 If any provision of these rules or the application thereof to any person or circumstance is held invalid, the remainder of the rules, and the application of such provision to other persons or circumstance, shall not be affected.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5575 (December 17, 1982).

14 DCMR § 1409 STATUS OF PENDING CERTIFICATE OF OCCUPANCY

1409.1 All Certificate of Occupancy applications on file as of the effective date of these regulations, December 17, 1982, shall be considered as having been received on that date and shall be processed accordingly.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5575 (December 17, 1982).

14 DCMR § 1410 REPEAL

1410.1 The Certificate of Occupancy Rules adopted on July 18, 1980, (27 DCR 3140) are hereby repealed.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5575 (December 17, 1982).

14 DCMR § 1411 CERTIFICATE OF OCCUPANCY FEES

1411.1 The fees for a Certificate of Occupancy shall be computed as specified in this section.

1411.2 The fees for filing a Certificate of Occupancy shall be twenty dollars ($20).

1411.3 Subsequent to administrative review and upon approval of an application for a new Certificate of Occupancy, the following computed fee shall be paid:

(a) Up to 5,000 sq. ft. $ 27.00

5001 sq. ft. to 50,000 sq. ft. 27 plus .004

for all sq. ft. above

5,001 sq. ft.;

(b) 50,000 sq. ft. to 100,000 sq. ft. 207 plus .003

for all sq. ft. above

50,001 sq. ft.; and

for all sq. ft. above

100,001 sq. ft.

1411.4 Where the lot or parcel upon which the building stands is also devoted to the use requested, or there is no building on the lot or parcel, the fee for a Certificate of Occupancy for the land shall be computed as cited in this section, multiplying the square footage of the lot occupied by the building by the appropriate fee.

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5575-76 (December 17, 1982).

14 DCMR § 1412 PARTIAL CERTIFICATE OF OCCUPANCY FEE

1412.1 The nonrefundable application fee for partial Certificates of Occupancy filed in accordance with the D.C. Building Code shall be twenty dollars ($20), plus an hourly fee to be determined at a rate of thirteen dollars ($13) per inspector hour charged by full hour or fraction thereof.

History

SOURCE: Notice Final Rulemaking published at 29 DCR 5571, 5576 (December 17, 1982).

14 DCMR § 1413 MISCELLANEOUS FEES

1413.1 The miscellaneous fees shall be as follows:

(a) For a revised Certificate occasioned by a change in name, not involving a change in ownership, due to court or other action, such as corporate or individual name changes, marriage, death or divorce $7.00

(b) For certified copy $7.00

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571, 5576 (December 17, 1982).

14 DCMR § 1499 DEFINITIONS

1499.1 In addition to the definitions in the law and regulations, the following terms and phrases shall have the meaning ascribed:

Director - the Director, Department of Consumer and Regulatory Affairs (DCRA).

History

SOURCE: Notice of Final Rulemaking published at 29 DCR 5571 (December 17, 1982).

14-15 REALTY VIOLATIONS CORRECTION AND SUMMARY ABATEMENT

14 DCMR § 1500 PURPOSE AND SCOPE

1500.1 This chapter shall provide the minimum procedures and guidelines for implementation of D.C. Law 3-45, the “Realty Violations Correction Fund Act of 1979,” which authorizes the correction of housing code violations when an owner fails or refuses to correct the condition, and D.C. Law 4-205 the “Summary Abatement of Life-or-Health Threatening Conditions Act of 1982” which authorized summary correction of violations where life-or-health threatening conditions exist.

1500.2 This chapter shall apply when the violation of any law or regulation of the District of Columbia requires corrective action by the owner of any real property including vacant lots in the District of Columbia.

1500.3 Each section and every part of each section of this chapter is hereby declared independent of every other section or part, and the finding or holding of any section or part to be void or ineffective for any cause shall not be deemed to affect any other section or part.

1500.4 The Director may, for good cause shown, waive any of the provisions of this chapter, if not otherwise prohibited by law.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Realty Violations Correction Fund Act of 1979, D.C. Law 3-45, 27 DCR 341 (January 25, 1980), incorporating the text of D.C. Act 3-123, 26 DCR 2305 (November 9, 1979); as amended by the Summary Abatement of Life-or-Health Threatening Conditions Act of 1982, D.C. Law 4-205, 30 DCR 1345 (March 25, 1983), incorporating the text of D.C. Act 4-289, 30 DCR 188 (January 14, 1983).
SOURCE: Notice of Final Rulemaking published at 33 DCR 7860 (December 19, 1986).

14 DCMR § 1501 PROCEDURES

1501.1 Where no specific time frame for the correction of the violation is contained in the law or regulation under which the violation has occurred, the following factors shall be considered in determining how much time should be given to correct the violation:

(a) The number of conditions to be corrected;

(b) The complexity or severity of the violation;

(d) The immediacy of any hazard presented;

(e) The availability of a particular type of material or labor skill needed to correct the violation;

(f) Weather conditions; and

(g) Any other factors as may be relevant in the particular case.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 7860-61 (December 19, 1986).

14 DCMR § 1502 AUTHORITY TO CORRECT

1502.1 The Director may consider the following factors in determining whether the Department should cause correction of a violation:

(a) The status of any current assessments against the property;

(b) The financial status of the property including whether the property is in either foreclosure or receivership, or has been abandoned;

(d) The current vacancy rate of the property, if a housing accommodation;

(e) The amount of funds needed to make the correction in relation to market value of the property;

(f) The prospect of timely repayment of the funds expended including whether there is an active Tenant’s Association paying funds into an escrow account;

(g) The best interests of the tenants in being provided safe and sanitary conditions; and

(h) Any other factors which the Director deems relevant.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 7860, 7861 (December 19, 1986).

14 DCMR § 1503 EXEMPTIONS FROM ASSESSMENT

1503.1 The Director may waive or defer an assessment of the cost to the District of Columbia of correcting a violation totally or partially upon application of the owner.

1503.2 Except as provided in § 1503.3, the Director may waive or defer the assessment only upon an affirmative showing of good cause by the owner.

1503.3 The Director may waive or defer the assessment without an affirmative showing of good cause by the owner, if the Director finds the owner has not acted in bad faith, and the following applies:

(a) The owner is a non-profit organization as defined under Federal or District tax laws;

(b) The owner is a natural person over the age of sixty (60) years; or

(c) The housing accommodation is receiving assistance under any program administered by the Department of Housing and Community Development.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 7860, 7862 (December 19, 1986).

14 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following words and terms shall have the meaning ascribed:

Director - the Director of the Department of Consumer and Regulatory Affairs or his or her designee.

Real Property - any residential or commercial building, or structure or lot.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 7860, 7862 (December 19, 1986).

14-17 TENANT ASSISTANCE PROGRAM: GENERAL PROVISIONS

14 DCMR § 1700 SCOPE OF PROGRAM

1700.1 Chapters 17 to 21 of this title shall set forth rules governing the operation of the District of Columbia Tenant Assistance Program, under authority of Title III of the District of Columbia Rental Housing Act of 1985, D.C. Law 6-10 (D.C. Official Code §§ 42-3503.01 to 42-3503.08 (2001)).

1700.2 Funding for the operation of the Tenant Assistance Program shall be provided through local District of Columbia revenues.

1700.3 The Tenant Assistance Program shall include assistance for the following programs:

(a) The Emergency Tenant Assistance Program, as outlined in section 1703 of this chapter;

(b) The General Application Tenant Assistance Program, as outlined in chapters 18 and 19 of this title;

(d) The Lease In-Place Tenant Assistance Program, as outlined in chapter 21 of this title.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 302(e) of the Rental Housing Act of 1985, D.C. Law 6-10 (D.C. Official Code § 42-3503.02(e) (2001)) and Mayor’s Order 86-27, effective February 6, 1986, 33 DCR 1651 (March 14, 1986).
SOURCE: Notice of Final Rulemaking published at 33 DCR 4396 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472 (June 23, 1989). EDITOR’S NOTE: The rules relating to the Tenant Assistance Program were originally adopted by the Director of the Department of Housing and Community Development. Under Part IIA(f) and B(2) of Reorganization Plan No. 1 of 1987, D.C. Official Code, Vol. 3, 385 (2001), all functions relating to the administration of the Tenant Assistance Program were transferred from the Director of the Department of Housing and Community Development (“DHCD”) to the Director of the Department of Public and Assisted Housing (“DPAH”). D.C. Law 10-243, the “District of Columbia Housing Authority Act of 1994,” abolished the Department of Public and Assisted Housing (DPAH) and established the District of Columbia Housing Authority (DCHA) as a corporate body and legal instrumentality of the government of the District of Columbia. D.C. Law 13-105, the “District of Columbia Housing Authority Act of 1999,” repealed D.C. Law 10-243 and re-established the DCHA as an independent authority of the District government and the successor in interest to the former housing authority. Accordingly, the term “Director” in chapters 17 through 21 of this title refers to the Director of the DCHA.

14 DCMR § 1701 WAIVER OF RULES

1701.1 Upon determination of good cause, the Director of DCHA may waive any provision under chapters 17 to 21 of the Tenant Assistance Program subject to the statutory limitations of the Rental Housing Act of 1985 and other District laws. Each waiver shall be in writing and shall be supported by documentation of the facts and grounds upon which the waiver is based.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472 (June 23, 1989).

14 DCMR § 1702 ALLOCATION OF FUNDS

1702.1 For each annual appropriation of funds for the Tenant Assistance Program, the Director is authorized to make tenant assistance payments to support the programs identified in § 1700.3.

1702.2 DCHA shall maintain a system to ensure that payments under the different programs do not exceed the total appropriations available for the overall Tenant Assistance Program in any fiscal year. This system may include, but is not limited to, the following:

(a) A means for assuring that certificates of eligibility issued under the Special Priority, General Application or other tenant assistance programs will be honored if eligible units are located by applicants; and

(b) A means for assuring that annual contract payments committed under multi-year contracts to specific housing units, taken together with other program payments, do not exceed annual appropriations.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4473 (June 23, 1989).

14 DCMR § 1703 EMERGENCY TENANT ASSISTANCE PROGRAM

1703.1 The Director of DCHA may use funding provided to the Tenant Assistance Program to assist eligible families under an emergency program for the following special purposes:

(a) To assist in reuniting eligible families with emergency housing needs due to family separation by court order or other government action because of inadequate housing;

(b) To assist households displaced by government action;

(c) To assist households faced with sudden unavoidable displacement from a dwelling unit for reasons such as a fire or other disaster that occurred through no fault of the applicant;

(d) To assist households with documented special health or disability problems which are exacerbated by their current housing conditions and which would be addressed by immediate improvement in adequate housing under this program;

(e) To assist households with emergency housing needs where the Director of DCHA determines that persons to be assisted are without housing, face a substantial risk of losing housing for reasons beyond their control, or reside in housing that fails substantially to meet standards of decent and sanitary living conditions; or

(f) To assist households referred to DCHA for emergency housing assistance by the Department of Human Services based on an assessment of the severity and immediacy of the emergency housing need.

1703.2 The Director of DCHA shall determine which families qualify for emergency assistance taking into account severity of need, immediacy of need, and the general public interest to be served. Applications may be received by DCHA at any time.

1703.3 Emergency applicants shall use the same pre-application used by other applicants. DCHA shall process these applications following the same procedures used in processing other family applications.

1703.4 Applicants approved as meeting the requirements of the Emergency Tenant Assistance Program may be given priority for assistance if they have identified a unit that meets program requirements and the housing provider is willing to participate in the program.

1703.5 Applicants shall be notified of approval or disapproval in writing.

1703.6 Once selected, an applicant shall be subject to the same eligibility and other program requirements as all other applicants, as described under this chapter.

1703.7 To the extent funds are available, DCHA may approve certificates in a manner which ensures the availability of assistance under the emergency program throughout the fiscal year.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4397 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4473 (June 23, 1989).

14 DCMR § 1704 [RESERVED]

14 DCMR § 1705 [RESERVED]

14 DCMR § 1706 [RESERVED]

14 DCMR § 1707 [RESERVED]

14 DCMR § 1708 [RESERVED]

14 DCMR § 1709 [RESERVED]

14 DCMR § 1710 RIGHT TO OFFICIAL REVIEW

1710.1 Applicants, participants, and housing providers may request an official review of any DCHA action that affects eligibility, termination from the program, or level of assistance.

1710.2 A request for an official review shall be made directly with the DCHA staff person involved in the original decision being reviewed. The request shall be made in writing.

1710.3 The DCHA staff person shall schedule the review meeting with the party requesting the review and the DCHA staff person’s supervisor within seven (7) calendar days of the request.

1710.4 At the review meeting the parties shall reconsider the decision, the information originally used in making the decision, and any other applicable information.

1710.5 Within seven (7) calendar days of the review meeting, DCHA shall, in writing, notify the party requesting the review of its final decision.

1710.6 The review meeting shall be the final administrative recourse on all matters of Tenant Assistance Program administration.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4397 (July 25, 1986).

14 DCMR § 1799 DEFINITIONS

1799.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Act - the Rental Housing Act of 1985 (D.C. Law 6-10), D.C. Official Code §§ 42-3501.01-3509.04 (2001).

Annual Income - the anticipated total income from all sources received by the family head and spouse, even if temporarily absent, and by each additional member of the family, including all net income derived from assets, for the twelve (12) month period following the effective date of DCHA’s initial determination or re-examination of income, exclusive of certain other types of income specified in paragraph (b) of this definition.

(a) Annual income includes, but is not limited to, the following:

(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services;

(2) The net income from the operation of a business or profession (for this purpose, expenditures for business expansion or amortization of capital indebtedness and an allowance for depreciation of capital assets are not deducted as expenses to determine the net income from a business);

(3) Interest, dividends, and other net income of any kind from real or personal property. For this purpose, expenditures for amortization of capital indebtedness and an allowance for depreciation of capital assets are not deducted as expenses to determine the net income from real or personal property. Where the family has net family assets in excess of five thousand dollars ($5,000), annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of the assets based on the current passbook savings rate as determined by DCHA;

(4) The full amount of periodic payments received from Social Security, annuities, insurance policies, retirement funds, pensions, disability of death benefits or other similar types of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment;

(5) Welfare assistance;

(6) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons outside the households;

(7) All regular pay, special pay, and allowances of a member of the armed forces whether or not living in the rental unit, who is head of the family, spouse, or other person whose dependents are residing in the unit; and

(8) Any earned income tax credit to the extent it exceeds income tax liability.

(b) Annual income does not include the following:

(1) Income not related to employment that is temporary, non-recurring or sporadic, such as: irregular gifts, scholarships, inheritances, insurance payments, and capital gains;

(2) Income from employment of children, including foster children, under the age of eighteen (18) years;

(3) Payments received for the care of foster children;

(4) The value of the allotment provided to an eligible household for food stamps;

(5) Payments or allowances made under the Low-Income Home Energy Assistance Act of 1981 and the District of Columbia Low Income Energy Assistance Program;

(6) Special stipends for childcare and transportation provided by publicly funded job or job training programs;

(7) Special stipends provided to volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C. § 1626(a) (2000)); and

(8) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation, and severance pay.

Annual Adjusted Income - annual income that remains after excluding the following allowances:

(a) Four hundred eighty dollars ($480) for each dependent; and

(b) Childcare Expenses, not to exceed the amount of income received when employment-related.

Certificate of Eligibility (“Certificate”) - a certificate issued by DCHA declaring a family to be eligible for participation in the Tenant Assistance Program and stating the terms and conditions for such participation.

Child Care Expenses - reasonable amounts anticipated to be paid by the family for the care of children under thirteen (13) years of age during the period for which Annual Adjusted Income is computed, but only where such care is necessary to enable a family member to be gainfully employed or to further his or her education.

Dependent - a member of the family household (except foster children) other than the family head or spouse, who is under eighteen (18) years of age, or is a Disabled Person or Handicapped Person, or is a Full-Time Student.

Disabled Person - a person under a disability as defined in section 223 of the Social Security Act, 42 U.S.C. § 423 or in section 102 of the Development Disabilities Services Facilities Construction Amendments of 1970, 42 U.S.C. § 2691(1).

Displaced Household - a household displaced by government action including one whose current residence is determined uninhabitable, as determined by a D.C. Inspector in accordance with the D.C. Housing Code, and who possesses an Emergency Housing Conditions Certification issued by DCHA.

DCHA - the District of Columbia Housing Authority.

Elderly Family - an Eligible Family whose head or spouse or whose sole member is at least sixty (60) years of age.

Eligible Family - an individual or a family residing and domiciled in the District which qualifies as a Lower Income Family and meets all other program requirements at the time it initially receives assistance under the Tenant Assistance Program.

Fair Market Rent - the rent, and all maintenance, management, and other services which would be required to be paid in order to obtain privately owned, decent, safe and sanitary rental housing of modest, nonluxury nature with suitable amenities in the District.

Full-Time Student - a person who is carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree.

Handicapped Person - a person who has a medically determinable physical impairment, including blindness, which prohibits and incapacitates seventy-five percent (75%) of that person’s ability to move about, to assist himself or herself, or to engage in an occupation.

Housing Providers - the owner(s), or agents working on behalf of the owner(s), of housing with units receiving assistance under the Tenant Assistance Program pursuant to contracts with DCHA.

Lower Income Family - a family whose combined annual income does not exceed eighty percent (80%) of the median income for a family in the District, as determined by the Mayor, with adjustments for smaller or larger families.

Monthly Income - one-twelfth (1/12th) of Annual Adjusted Income.

Net Family Assets - value of equity in real property, savings, stocks, bonds, and other forms of capital investment. The value of necessary items of personal property such as furniture and automobiles shall be excluded.

Payment Standard - the schedule of housing costs used to compute the Tenant Assistance Payment payable by DCHA to a housing provider on behalf of an Eligible Family.

Rent - the entire amount of money, money’s worth, benefit, bonus, or gratuity demanded, received, or charged by a housing provider as a condition of occupancy or use of a rental unit, its related services, and its related facilities. Rent is further defined as follows:

(a) Contract Rent - the total amount of rent specified in the Tenant Assistance Contract as payable by DCHA and the tenant to the housing provider for an assisted unit;

(b) Gross Rent - the total monthly cost of housing an Eligible Family in the assisted unit. The Gross Rent is the sum of the Contract Rent and any allowance for utilities paid directly by the family; and

Rental Unit - any part of a housing accommodation which is rented or offered for rent for residential occupancy and includes any apartment, efficiency apartment, room, single- family house, suite of rooms, or duplex.

Residing and Domiciled - a person who resides in the District, pays income tax in the District, whose automobile is registered in the District, and if a registered voter, votes in the District.

Substantial Compliance with the Housing Code - the absence of any substantial housing violations as defined in section103 (35) of the Act including, but not limited to, the following:

(a) Frequent lack of sufficient water supply;

(b) Frequent lack of hot water;

(d) Curtailment of utility service, such as gas or electricity;

(e) Defective electrical wiring, outlets or fixtures;

(f) Exposed electrical wiring or outlets not properly covered;

(g) Leaks in the roof or walls;

(h) Defective drains, sewage system, or toilet facilities;

(i) Infestation of insects or rodents;

(j) Lead paint on the interior of the dwelling, or on the exterior of the dwelling where the paint is in a location or in a condition which creates a hazard of lead poisoning to children or the occupants;

(k) Insufficient number of acceptable exits for a dwelling, or from each floor of a rooming house;

(l) Obstructed exits;

(m) Accumulation of garbage or rubbish in common areas;

(n) Plaster falling or in immediate danger of falling;

(o) Dangerous porches, stairs or railings;

(p) Floors, walls, or ceilings with substantial holes;

(q) Doors or windows that are not sufficiently tight to maintain the required temperature or to prevent excessive heat loss;

(r) Doors lacking required locks;

(s) Fire hazards or absence of required fire prevention or fire control;

(t) Inadequate ventilation of interior bathrooms; and

(u) Large numbers of housing code violations, each of which may be either substantial or non-substantial, the aggregate of which is substantial, because of the number of violations.

Tenant Assistance Contract (“Contract”) - a written contract between DCHA and a Housing Provider for the purpose of providing Tenant Assistance Payments to the Housing Provider on behalf of an Eligible Family, or for specific units to be held for and leased to families eligible for tenant assistance for the duration of the contract.

Tenant Assistance Payment - the payment made by DCHA to the Housing Provider whose unit is under lease to an Eligible Family, as provided in the Contract.

Total Tenant Payment - that portion of the Gross Rent payable by an Eligible Family participating in the Tenant Assistance Program, determined in accordance with section 1908 of this title.

Utility Allowance - if the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the Contract Rent but is the responsibility of the family occupying the unit, an amount equal to an estimate made by DCHA of the monthly costs of a reasonable consumption of such utilities and other services for the unit by an energy conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4398-4403 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4474-75 (June 23, 1989).

14-18 TENANT ASSISTANCE PROGRAM/GENERAL APPLICATION PROGRAM: TENANT APPLICATION, ELIGIBILITY AND SELECTION

14 DCMR § 1800 PUBLIC NOTICE FOR APPLICATION

1800.1 DCHA shall make known to the public through publication in newspapers of general circulation as well as through minority media and other suitable means the availability and nature of rental assistance for lower income families (including assistance with respect to units already occupied by the families) and the notice shall inform the families when and where they may apply for Certificates of Eligibility.

1800.2 The notice shall state that families seeking housing assistance under the program shall apply by completing a pre-application specifically for participation in the Tenant Assistance Program and that applicants for participation will not lose their places on DCHA’s public housing or other assisted housing program waiting lists.

1800.3 DCHA shall receive pre-applications during a prescribed period of time (no less than fourteen (14) calendar days) following public notice. Applicants whose pre- applications are received after the stated time period shall be so notified and shall not be considered eligible for assistance.

1800.4 DCHA may, by public notice, accept pre-applications for one or more unit sizes in accordance with § 1801 whenever it is determined that sufficient funding is available for participation by more eligible families than are on the waiting list.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is subsection 302(e) of the Rental Housing Act of 1985, D.C Law 6-10 (D.C. Official Code § 42-3503.02(e)(2001), and Mayor’s Order 86-27, effective February 6, 1986, 33 DCR 1651 (March 4, 1986).
SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4403 (July 25, 1986).

14 DCMR § 1801 PRE-APPLICATION

1801.1 For purposes of this section, the term “pre-application” means a prescribed form required to be completed by each person seeking admission to the Tenant Assistance Program. Each pre-application shall be signed by the applicant and mailed to DCHA.

1801.2 The pre-application form shall provide to DCHA the information necessary to allow a preliminary determination of eligibility, unit size needed, and preferences in accordance with §§ 1803, 1810 and 1813.

1801.3 DCHA shall receive and process pre-applications in a way that treats all applicants fairly and consistently.

1801.4 DCHA shall review each pre-application based only on the data contained in the signed pre-application. This review shall be for completeness of all items on the prescribed pre-application form and for eligibility for admission based on pre-application information alone.

1801.5 The review for eligibility shall be based on applicant statements as to family size, family income and other information, without any independent verification.

1801.6 Illegible or incomplete pre-applications shall be rejected.

1801.7 Based on the review, DCHA shall make a preliminary finding of eligibility in accordance with the eligibility criteria described in § 1810, and assign a unit size to the family.

1801.8 A preliminary finding of eligibility shall be considered conditional, and eligibility determinations shall only be considered final after verification of information and a personal interview has occurred, as described in § 1812.

1801.9 DCHA may establish an expiration date for all pre-applications received during a pre-application time period. The effect of the expiration date shall be that any pre-application not elected and funded under the program prior to the established date shall expire and have no status for consideration under the program.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4404 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4476 (June 23, 1989).

14 DCMR § 1802 WAITING LIST

1802.1 A preliminary finding of eligibility for admission to the Tenant Assistance Program shall be sufficient to place an applicant on the waiting list, in the manner described in § 1802.2.

1802.2 DCHA shall place each eligible applicant on the waiting list. DCHA shall use a random selection process to assign each eligible applicant an application number.

1802.3 The waiting list shall be organized by unit size, applicant reference category, and application number.

1802.4 Applicants meeting the criteria for priority consideration under § 1803 shall be placed at the top of the waiting list within each unit size in application number order with priority over all other applicants requiring units of that same unit size.

1802.5 The waiting list shall be updated annually to remove from the waiting list those applicants who may no longer be interested in, or eligible for, the program and to ensure that those families who are still interested and eligible are in the appropriate place on the waiting list. If circumstances have changed such that the family requires a different unit size or different preference, the appropriate changes shall be made to the waiting list.

1802.6 Each applicant shall provide to DCHA the applicant’s current mailing address and telephone number at all times. Each change of address shall be reported in writing to DCHA by the applicant.

1802.7 A letter shall be sent to each applicant annually, with a pre-application form for the program. The applicant shall be required to return the completed pre-application to DCHA within thirty (30) calendar days from the date of DCHA’s request.

1802.8 Applicants not returning the information requested, and those who respond and are found to be ineligible, shall be so notified and removed from the waiting list and placed in the ineligible files.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4405 (July 25, 1986).

14 DCMR § 1803 PREFERENCE FOR APPLICANT SELECTION

1803.1 An applicant whose application for assistance under the program was dated prior to July 21, 1987, shall be a priority applicant and shall be given priority consideration on the waiting list consistent with § 1802.4 if the applicant is one of the following:

(a) An elderly person;

(b) A handicapped person;

(d) Currently on DCHA’s public housing waiting list.

1803.2 An applicant whose application for assistance under the program was dated on or after July 21, 1987, shall be a priority applicant and shall be given priority consideration on the waiting list consistent with § 1802.4 if the applicant is one of the following:

(a) An elderly person;

(b) A handicapped person;

(d) A person who has completed an employment training course provided by any District of Columbia government agency (directly or by contract) during the one (1) year period preceding the date of application.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4406 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4476 (June 23, 1989).

14 DCMR § 1804 TENANT SELECTION FROM WAITING LIST AND APPLICATION INTERVIEW

1804.1 When Certificates are available, applicants on the waiting list shall be contacted in writing by DCHA for an application interview in the order in which they appear on the waiting list.

1804.2 DCHA shall assign each applicant an appointment time. Applicants may contact DCHA to reschedule an appointment. Applicants who do not appear on the scheduled date and time and do not contact DCHA prior to the scheduled appointment to reschedule the appointment shall be declared ineligible and be so notified in writing by DCHA.

1804.3 Applicants may reschedule the appointment only once. If the applicant fails to appear on the scheduled date and time due to an emergency, the appointment may be rescheduled at the discretion of DCHA.

1804.4 All applicants shall have a personal interview with DCHA to verify eligibility, income and other data before a final determination of eligibility is made.

1804.5 At the interview with the applicant, a DCHA interviewer shall obtain and verify the following information (or other appropriate information) which shall be provided by the applicant:

(a) Proof of birth;

(b) Proof of residency and domicile in the District of Columbia, which shall include the following:

(i) Proof of motor vehicle registration in the District of Columbia, if the applicant or family member owns a motor vehicle;

(ii) Proof of registration to vote in the District of Columbia, if the applicant or family member is registered to vote;

(iii) Proof of income tax filing or withholding in the District of Columbia, if the applicant or family member pays state or local income tax; and

(iv) Proof of occupancy in a dwelling unit located in the District of Columbia;

(d) Social Security benefit information for all household members receiving Social Security;

(e) Earned income for all household members who have income from employment;

(f) Non-employment income for all household members receiving income from any source other than employment;

(g) Statement of non-employment for all unemployed household members;

(h) Verification of the value of assets and income from assets;

(i) Verification of support for all household members receiving alimony, child support or other support income from outside the household;

(j) Verification of child care expense, for the care of children under thirteen (13) years of age, to enable a member of the household to work or to further his or her education; and

(k) Verification of full-time student status for household members eighteen (18) years of age or older.

1804.6 DCHA shall assist the applicant to prepare requests for third-party verification of information that the applicant is not able to verify through documents brought to the interview.

1804.7 After reviewing the application and additional supporting documents provided by the applicant and obtaining necessary third-party verifications, DCHA shall determine the applicant’s eligibility in accordance with § 1810 of this chapter.

1804.8 Each applicant determined to be ineligible shall be so notified in writing. The notification shall state the reasons for the determination and advise the applicant that if the applicant wishes to review the determination, the applicant has the right to an official review of the decision pursuant to the procedure provided in § 1710 of this subtitle.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4406 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4476 (June 23, 1989).

14 DCMR § 1805 [RESERVED]

14 DCMR § 1806 [RESERVED]

14 DCMR § 1807 [RESERVED]

14 DCMR § 1808 [RESERVED]

14 DCMR § 1809 [RESERVED]

14 DCMR § 1810 ELIGIBLE APPLICANTS AND CONTINUING ELIGIBILITY

1810.1 DCHA shall consider an applicant eligible for rental assistance under this program if the applicant meets the following criteria:

(a) Annual income as calculated under the provisions of § 1811 does not exceed the applicable income limits for admission for that size family, as described in § 1811 of this chapter; and

(b) The applicant is a resident and domiciliary of the District of Columbia.

1810.2 Any applicant determined to be a former participant in DCHA’s Section 8 Existing Housing, Pubic Housing, or Tenant Assistance Program with an outstanding debt owed to DCHA shall not be eligible for assistance until that debt has been paid in full.

1810.3 Any tenant applicant determined to be receiving rent assistance under any DCHA or federal housing program, except the Public Housing program, shall not be eligible for assistance. Eligible applicants who are current Public Housing Program participants shall receive assistance only if they agree to move from the Public Housing unit.

1810.4 A tenant receiving rental assistance shall continue to be eligible for assistance unless terminated under the provisions of § 1932 of this subtitle.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4408 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4477 (June 23, 1989).

14 DCMR § 1811 INCOME LIMITS

1811.1 To be eligible for admission to the Tenant Assistance Program an applicant shall have an annual income within the limits of lower income families.

1811.2 The limits of lower income families shall be established annually by DCHA and published in the D.C Register, based on consideration of the following:

(a) Lower income family means a household with a combined annual income which does not exceed eighty percent (80%) of the median income for a family of four (4) in the District of Columbia;

(b) Adjustments for smaller and large families may be made by application of standard factors to the current estimated median income of a lower income family;

(c) Data used to determine current estimates of median income may include information from the U.S. Census Bureau, the U.S. Department of Housing and Urban Development, or other readily verifiable, independent sources of information; and

(d) Information available on median income may be updated by projection of trends of median income over time.

1811.3 Income limits shall be applied at the time of pre-application and at the time of issuance of a Certificate of Eligibility for the program.

1811.4 Annual income shall be determined by DCHA based on the definition contained in § 5099 for the Tenant Assistance Program.

1811.5 The income limits for lower income families shall be as follows:

Number of Persons

Income Limit

In Family

$17,600

$20,150

Number of Persons

Income Limit

In Family

$22,650

$25,150

$26,750

$28,300

$29,900

8 or more

$31,450

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4409 (July 25, 1986); as amended by Notice of Final Rulemaking published at 34 DCR 5356 (August 14, 1987).

14 DCMR § 1812 VERIFICATION OF ELIGIBILITY, INCOME, AND OTHER INFORMATION

1812.1 All factors related to eligibility and income of program applicants or participants shall be verified by DCHA. Program applicants and participants shall provide to DCHA all documentation and information required by DCHA to verify eligibility factors, including information required under § 1804.5 of this chapter.

1812.2 As part of its verification of eligibility, DCHA may require the applicant or program participant or other household members to execute one (1) or more Release and Consent documents authorizing a depository, private source of income, or a federal, state or local agency to furnish or release to DCHA information necessary to verify eligibility.

1812.3 DCHA shall use or disclose information obtained through a Release and Consent document described in § 1812.2 only for purposes directly connected with the administration of the program.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4409 (July 25, 1986).

14 DCMR § 1813 OCCUPANCY STANDARDS

1813.1 Occupancy standards for admission and continued participation in the program shall be established in this section to avoid overcrowding, wasted space, and unnecessary Tenant Assistance Payments. All dwelling units assisted under the Tenant Assistance Program shall adhere to the standards in this section and the Housing Code, subtitle A of this title.

1813.2 Tenants shall be issued Certificates of Eligibility for dwelling units which consist of the number of rooms necessary to provide decent, safe, and sanitary accommodations without overcrowding or wasting space. The following unit size standards shall apply at admission and for continued assistance:

Unit Size

Minimum

Maximum

(bedroom)

No. of Persons

in Unit

1813.3 Generally, occupancy standards shall be applied in a manner which will require two (2) persons to occupy a bedroom, except as restricted by §§ 1813.4 and 1813.6.

1813.4 A single-person household shall be issued a 0-bedroom unit Certificate when DCHA determines that 0-bedroom units are available. When 0-bedroom units are determined not to be available, a single-person household shall be assigned a one (1)-bedroom unit. Elderly single-person households shall be given priority over other applicants for one (1)-bedroom Certificates when no 0-bedroom units are available.

1813.5 An elderly, handicapped, or disabled single person who plans to live with an unrelated person determined by DCHA to be essential to his or her care shall be assigned a two (2)-bedroom unit.

1813.6 Normally, the number of bedrooms assigned shall not require persons of the opposite sex, except husband and wife or children under six (6) years of age, to occupy the same bedroom. With the permission of the applicant, and because of a shortage of appropriate size units in a location desired by that applicant, DCHA may allow children of the opposite sex between the ages of seven (7) and eleven (11) to occupy the same bedroom, in order to reduce the number of bedrooms required.

1813.7 Every member of the family, regardless of age, shall be considered a person when applying the occupancy standards for admission and continued occupancy.

1813.8 A dwelling unit assisted under this program shall be the sole residence of the tenant and the tenant’s family as represented in the application for assistance. The tenant shall not sublease, assign, or transfer a unit assisted under this program.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4410 (July 25, 1986).

14 DCMR § 1814 [RESERVED]

14 DCMR § 1815 [RESERVED]

14 DCMR § 1816 [RESERVED]

14 DCMR § 1817 [RESERVED]

14 DCMR § 1818 [RESERVED]

14 DCMR § 1819 [RESERVED]

14 DCMR § 1820 CERTIFICATE OF ELIGIBILITY

1820.1 DCHA shall issue a Certificate of Eligibility to an applicant who is determined to be eligible and is selected for participation in the program. DCHA shall enter on the Certificate of Eligibility the smallest unit size appropriate for the eligible applicant in accordance with occupancy standards described in § 1813 of this chapter.

1820.2 The Certificate of Eligibility shall expire at the end of ninety (90) calendar days unless the applicant submits a Request for Lease Approval.

1820.3 DCHA may approve an extension of the Certificate of Eligibility if it expires or is about to expire. At the request of the applicant, DCHA may grant sixty (60) day extensions to an applicant provided that he or she demonstrates continuous good faith efforts to locate a suitable rental unit, and provided there are sufficient funds available to honor the extended certificate if a suitable unit is located.

1820.4 Once the Certificate of Eligibility expires, the family may reapply for the program in accordance with the procedures in § 1800 of this chapter.

1820.5 DCHA shall establish and maintain a system to assure that all outstanding Certificates of Eligibility shall be honored with DCHA’s funding authorization.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4411 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4477 (June 23, 1989).

14 DCMR § 1821 CERTIFICATE HOLDER’S PACKET

1821.1 DCHA shall, at the time it issues a Certificate of Eligibility to an applicant, provide the applicant a Certificate Holder’s Packet.

1821.2 The Certificate Holder’s Packet shall contain the following information:

(a) Request for Lease Approval;

(b) A list of eligible properties known by DCHA to be available for rent;

(d) DCHA model lease and Housing Provider Lease Addendum; and

(e) Any other items DCHA determines should be included.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4412 (July 25, 1986).

14 DCMR § 1822 CERTIFICATE HOLDER BRIEFING SESSIONS

1822.1 DCHA shall provide group briefing sessions to explain the program to Certificate Holders.

1822.2 DCHA shall provide to Certificate Holders the following information:

(a) Family and housing provider responsibilities under the lease and Tenant Assistance Contract;

(b) The general locations and characteristics of neighborhoods in which units of suitable quality and price may be found;

(d) Significant aspects of applicable District law, including fair housing laws;

(e) The applicable Payment Standard Schedule; and

(f) Information on how DCHA computes the amount of the Tenant Assistance Payment, the Total Tenant Payment, and the Tenant Rent.

1822.3 DCHA shall provide individual Certificate Holder briefing sessions if DCHA determines it is necessary.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4412 (July 25, 1986).

14 DCMR § 1823 HOUSING SEARCH – FINDERS KEEPERS POLICY

1823.1 A family with a Certificate of Eligibility shall be responsible for finding a rental unit suitable to the family’s needs and desires. A family may select the rental unit which it already occupies if the unit qualifies.

1823.2 If requested by the family, DCHA shall assist families with a Certificate of Eligibility where, because of age, handicap, large family size, or other reasons, the family is unable to locate an approvable unit.

1823.3 DCHA shall provide assistance in finding units to those families with a Certificate of Eligibility who allege that illegal discrimination on grounds of race, religion, sex, national origin, age or handicap is preventing the family from finding a suitable unit.

1823.4 DCHA shall not directly or indirectly reduce a family’s opportunity to choose among the available units in the housing market except as provided for in chapters 20 and 21 of this subtitle.

1823.5 Allegations of unlawful discrimination by housing providers against families receiving or eligible to receive Tenant Assistance Program assistance by reason of their participation or potential participation in the program shall be referred to the Department of Consumer and Regulatory Affairs for prompt investigation and provision of a written response to the complaining party on the conclusion of the investigation.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4412 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4477 (June 23, 1989).

14 DCMR § 1899 DEFINITIONS

1899.1 The provisions of § 1799 of this title and the definitions set forth in that section shall be incorporated by reference in this section.

14-19 TENANT ASSISTANCE PROGRAM/GENERAL APPLICATION PROGRAM: HOUSING UNITS, RENT, LEASE PAYMENTS AND OTHER PROVISIONS

14 DCMR § 1900 HOUSING PROVIDERS

1900.1 DCHA shall invite housing providers, through publication in newspapers of general circulation as well as through minority media and other suitable means, to make dwelling units available for leasing by eligible families. DCHA shall publicize the needs of the program in such ways as to reach a maximum number of housing providers and real estate brokers.

1900.2 DCHA shall establish contact with civic, charitable or neighborhood organizations which have an interest in housing for low-income families and government branches concerned with obtaining housing for displacees in order to assist in finding available units.

1900.3 Ineligible housing providers shall include members of Congress, members of the Council of the District of Columbia, the Mayor and his or her Executive Staff, and employees of DCHA who formulate policies or influence decisions with respect to the Tenant Assistance Program.

1900.4 It shall be unlawful for housing providers to discriminate against households receiving or eligible to receive Tenant Assistance Program assistance by reason of their participation or potential participation in the program when renting housing accommodations.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 302(e) of the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Official Code § 42.3503.02(e) (2001), and Mayor’s Order 86-27, effective February 6, 1986, 33 DCR 1651 (March 14, 1986).
SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4413 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4477 (June 23, 1989).

14 DCMR § 1901 ELIGIBLE HOUSING UNITS

1901.1 Any privately-owned rental unit located in the District of Columbia, except if described under § 1901.4, may be approved for tenant assistance, if the unit is decent, safe, and sanitary, and in substantial compliance with the Housing Code as determined by DCHA.

1901.2 Congregate housing may be utilized for eligible elderly, handicapped or disabled families or individuals with the exception of congregate facilities providing services as described in 1901.4(b). Independent Group Residences may be utilized for eligible elderly, handicapped or disabled families or individuals that require a planned program of non-medical supportive services.

1901.3 Single Room Occupancy (SRO) housing units may be utilized for occupancy by single, eligible individuals capable of independent living. The SRO units shall not contain sanitary or food preparation facilities; sanitary or food preparation facilities shall be available elsewhere in the building.

1901.4 The following units shall not be eligible for tenant assistance:

(a) Housing units receiving rent assistance payments based on tenant income under any federal housing program (such as Section 8 or other rental assistance payments), or public housing that is owned or managed by the District of Columbia government;

(b) Nursing homes, units within the grounds of penal, reformatory, medical and similar public or private institutions, and facilities providing continual psychiatric, medical or nursing service;

(d) Units on the grounds of educational institutions or available only to students, staff or faculty of an educational institution.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4414 (July 25, 1986); as amended by Final Rulemaking published at 36 DCR 4472, 4478 (June 23, 1989).

14 DCMR § 1902 HOUSING QUALITY STANDARDS

1902.1 Units assisted under the program shall be decent, safe and sanitary and in substantial compliance with the Housing Code governing the condition of residential premises at the time assistance begins and throughout the term of the Tenant Assistance Contract.

1902.2 Units shall be inspected by DCHA prior to tenant admission to determine substantial compliance with Housing Code governing the condition of residential premises. Units that do not meet the standards described in District regulations may not be approved until corrective action is taken by the housing provider as evidenced by a re- inspection of the unit.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4415 (July 25, 1986); as amended by Final Rulemaking published at 36 DCR 4472, 4478 (June 23, 1989).

14 DCMR § 1903 [RESERVED]

14 DCMR § 1904 [RESERVED]

14 DCMR § 1905 [RESERVED]

14 DCMR § 1906 FAIR MARKET RENTS AND PAYMENT STANDARDS

1906.1 DCHA shall establish fair market rents on an annual basis using the annual fair market rents established by the U.S. Department of Housing and Urban Development (HUD) for the new construction and substantial rehabilitation Section 8 Housing Assistance Program for the Washington Metropolitan Statistical Area; provided, however, that the following factors may be used by DCHA in establishing fair market rents:

(a) If HUD does not establish fair market rents for unit sizes above four (4) bedrooms, DCHA may establish fair market rents for larger units by adding fifteen percent (15%) to the fair market rent for a four (4) bedroom unit for each additional bedroom;

(b) If HUD does not establish annual fair market rents for units designed for the elderly or handicapped, DCHA may approve fair market rents at a level of five percent (5%) above other fair market rents established by HUD, not to exceed two (2) bedrooms for the elderly;

(c) If HUD does not establish annual fair market rents for Single Room Occupancy (SRO) housing, the fair market rent shall range from seventy-five percent (75%) to one hundred percent (100%) of the 0-bedroom fair market rent established by HUD; and

(d) If HUD does not update its fair market rents for new construction and substantial rehabilitation annually, DCHA may establish fair market rents for the period that HUD has not established fair market rents.

1906.2 Fair Market Rents established by DCHA shall not exceed the following amounts:

Unit Size

Fair Market Rent

(by bedrooms)

(per month)

$ 651

$ 732

$ 812

$ 891

$1,014

$1,166

$1,318

1906.3 In establishing fair market rents, if DCHA determines that the rents established in accordance with § 1906.1 do not accurately reflect fair market rents in the District of Columbia, DCHA may make adjustments to the fair market rents established by HUD.

1906.4 Fair market rents established by DCHA under § 1906.1 or § 1906.3 shall be published as a rule for comment in the D.C. Register, except that rents established under § 1906.3 shall also be subject to the following requirements before the proposed rulemaking can be published as final and in effect:

(a) The proposed adjusted fair market rents shall be submitted with a resolution for approval to the Council of the District of Columbia for a forty-five (45) day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess; and

(b) If the Council does not approve or disapprove the proposed resolution, in whole or in part, within the review period, the proposed resolution shall be deemed approved.

1906.5 DCHA shall use the Fair Market Rents as a ceiling for establishing, at least annually, the Payment Standard Schedules used to compute Tenant Assistance Payments as described in § 1908 of this chapter. Payment Standard Schedules shall be determined based on consideration of the following:

(a) Rents, and all maintenance, management, and other services that would be paid to obtain privately owned decent, safe and standard rental housing of modest non-luxury nature with suitable amenities in the District of Columbia;

(b) Data concerning rental rates for District of Columbia housing available from the U.S. Department of Housing and Urban Development, the U.S. Census Bureau, or other sources;

(d) Variations necessary for units of different sizes and types (including SRO units) with differentials for new, rehabilitated, and existing units.

1906.6 Payment Standard Schedules shall be published in the D.C. Register.

1906.7 The Director of DCHA, or his or her designee, may approve exception payment standards; provided, that the exception payment standards do not exceed the fair market rents in this chapter. The exceptions shall be authorized to obtain units needed to assist tenants who, due to family size, handicap, or other factors, would otherwise be unable to be assisted in a suitable unit.

1906.8 The Payment Standard Schedule applicable to the leasing of existing housing shall be as follows:

Monthly Payment

Unit Size

Standard

Standard (Elevator, 5

(By bedrooms)

(1-4 story buildings)

(or more story buildings)

$437

$529

$517

$609

$588

$790

$707

$792

$911

$1,030

1906.9 The payment standard schedule applicable to the leasing of newly constructed or rehabilitated housing shall be as indicated in § 1906.1.

1906.10 For single room occupancy (SRO) housing, the payment standard shall range from seventy-five percent (75%) to one hundred percent (100%) of the 0-bedroom payment standard of § sections 1906.7 and 1906.8.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4415 (July 25, 1986); as amended by Notice of Final Rulemaking published at 34 DCR 5356 (August 14, 1987); and Notice of Final Rulemaking published at 36 DCR 4472, 4478 (June 23, 1989).

14 DCMR § 1907 UTILITY ALLOWANCES

1907.1 A schedule of allowances for tenant-paid utilities (except telephone) shall be established by DCHA based on unit size.

1907.2 Allowances shall be based on average consumption levels and information provided by the D.C. Public Service Commission regarding rates approved for utility companies supplying electricity or gas to dwelling units.

1907.3 When the utility allowance exceeds the Total Tenant Payment calculated under § 1908 of this chapter, no reimbursement for utilities shall be paid by DCHA to the tenant.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4416 (July 25, 1986).

14 DCMR § 1908 TENANT ASSISTANCE PAYMENTS

1908.1 At the initial determination of applicant eligibility and issuance of a Certificate, the Tenant Assistance Payment shall be estimated as the applicable Payment Standard less thirty percent (30%) of the applicant’s annual adjusted income. Where the applicant head of household or spouse is elderly or handicapped, the Tenant Assistance Payment shall be estimated as the applicable Payment Standard less twenty-five percent (25%) of annual adjusted income.

1908.2 The actual Tenant Assistance Payment shall be calculated at the execution of a Tenant Assistance Contract, and at subsequent re-examinations, in the following manner:

(a) The Total Tenant Payment shall be calculated as follows:

(1) Thirty percent (30%) of monthly income (non-elderly and non-handicapped head and spouse); or

(2) Twenty-five percent (25%) of monthly income (elderly or handicapped head or spouse).

(b) The Gross Rent shall be calculated as the Contract Rent for the unit plus an allowance for any tenant paid utilities with the following provisions:

(1) If the Gross Rent is greater than or equal to the applicable Payment Standard, the assistance payment equals the Payment Standard minus the Total Tenant Payment;

(2) If the Gross Rent is less than the applicable Payment Standard, the assistance payment equals the Gross Rent minus the Total Tenant Payment;

(3) There shall be no additional assistance payments to tenants for allowances for tenant paid utilities that exceed the Total Tenant Payment.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4417 (July 25, 1986).

14 DCMR § 1909 TENANT RENT

1909.1 Tenant Rent shall equal the Contract Rent less the Tenant Assistance Payment, when all utilities (except telephone) and other essential services are supplied by the housing provider.

1909.2 When some or all utilities (except telephone) and other essential housing services are not supplied by the housing provider and are not included in the Contract Rent, the Tenant Rent shall be the Gross Rent less the Tenant Assistance Payment and the Utility Allowance. Tenant Rent shall not be less than zero (0) dollars.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4418 (July 25, 1986).

14 DCMR § 1910 PAYMENT OF TENANT RENT AND TENANT ASSISTANCE

1910.1 Tenant rent shall be payable by the tenant to the housing provider under the terms of the dwelling lease executed by both the tenant and housing provider, except as required in § 1910.2.

1910.2 When a tenant’s income is derived from the Aid to Families with Dependent Children Program, as verified by DCHA, the tenant shall be requested to participate in the District’s Vendor Payments Program. If the tenant participates in the Vendor Payments Program, tenant rent shall be paid by the Vendor Payments Program directly to the housing provider.

1910.3 Tenant Assistance Payments shall be payable by DCHA to the housing provider under the terms of the Tenant Assistance Contract executed by both DCHA and the housing provider.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4418 (July 25, 1986).

14 DCMR § 1911 [RESERVED]

14 DCMR § 1912 [RESERVED]

14 DCMR § 1913 [RESERVED]

14 DCMR § 1914 LEASE APPROVAL

1914.1 When the family has found a unit it wants and the housing provider agrees to lease, the family shall submit to DCHA a Request for Lease Approval form signed by the family and the housing provider.

1914.2 The Request for Lease Approval shall require that the housing provider certify the following information:

(a) The unit’s most recent and proposed rents;

(b) That the proposed rent conforms to any applicable requirements of the District’s rent stabilization law;

(d) The utilities to be supplied by the housing provider and/or the tenant;

(e) That the proposed form of lease is in accordance with District of Columbia law and that the proposed form of lease conforms to the provisions of DCHA model lease, or the housing provider shall execute DCHA lease addendum;

(f) That the provider has violated no conflict of interest provisions;

(g) That the provider possesses a District of Columbia Housing Business License or Certificate of Occupancy, whichever is applicable;

(h) That the unit has no outstanding housing code violation notices which represent substantial housing code violations as identified in § 1799 of this subtitle; and

(i) That the provider believes the unit will meet program housing standards at the time of inspection.

1914.3 If DCHA determines that a unit which an eligible family wishes to lease is substantially in compliance with District housing regulations and other requirements governing the condition of residential premises, and that the proposed lease is in conformity with District law, DCHA shall notify the housing provider and family of its determination of lease approval.

1914.4 After notification, the family and housing provider shall do the following:

(a) Execute the lease;

(b) Sign two (2) copies of the Tenant Assistance Contract with DCHA; and

(c) Provide DCHA a copy of the executed lease and both copies of the executed Contract. DCHA shall execute both copies of the Contract and provide one (1) copy to the housing provider.

1914.5 DCHA shall retain in its file the following documents:

(a) The Request for Lease Approval;

(b) The approved lease;

(d) The executed Contract.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4418 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4479 (June 23, 1989).

14 DCMR § 1915 DISAPPROVAL OF LEASE

1915.1 If DCHA determines that the lease cannot be approved for any reason, including the condition of the unit, DCHA shall notify the provider and the family of the following:

(a) That the proposed lease or the proposed dwelling unit is disapproved, for specified reasons; and

(b) That if the conditions requiring disapproval are remedied, and if a Request for Lease Approval is resubmitted on or before a date specified by DCHA, the lease will be approved if DCHA determines that conditions have been remedied to its satisfaction.

1915.2 The Certificate of Family Participation shall not expire before the resubmission date specified on the notification of disapproval of the Lease.

1915.3 DCHA shall retain in its files the following documents:

(a) The Request for Lease Approval;

(b) The inspection report(s), if any; and

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4420 (July 25, 1986).

14 DCMR § 1916 TENANT ASSISTANCE CONTRACT

1916.1 DCHA and the housing provider shall execute a Tenant Assistance Contract (hereinafter referred to as “Contract”) as referenced in § 1914.4 that shall be effective the day assistance begins.

1916.2 Contracts may be executed on behalf of a specific eligible family or for specific units to be held for and leased to families eligible for tenant assistance for the duration of the contract.

1916.3 DCHA may enter into contracts with housing providers on either an annual basis or on a long-term basis, subject to the following limitation for long-term contracts:

(a) For existing housing accommodations, the length of the contract may not exceed five (5) years; and

(b) For newly constructed or rehabilitated housing accommodations, the length of the contract may not exceed fifteen (15) years, but may include options to renew in five (5) year increments.

1916.4 Contracts executed on an annual basis shall include the following provisions:

(a) DCHA shall automatically terminate a contract on September 30th if appropriations are not made for the following year; and

(b) The contract shall automatically renew annually if all program requirements are met by the housing provider and the tenant, and program funding is available.

1916.5 Contracts executed on a long-term basis shall have the following provisions:

(a) Shall obligate the housing provider for the term of the contract to offer for lease a fixed number of rental units, specified in the contract, to families eligible to receive tenant assistance, regardless of whether the same family leases the same unit throughout the contract period; and

(b) Shall obligate the District of Columbia government to make tenant assistance payments to the housing provider for the duration of the contract, in accordance with the terms of the contract and applicable law, as long as the housing is in substantial compliance with the housing code.

1916.6 The contractual obligation of the District of Columbia government for long- term contracts shall be backed by the full faith and credit of the District to the same extent that applies to District contracts generally.

1916.7 The District of Columbia Procurement Practices Act of 1985, D.C. Law 6-85 D.C. Official Code § 2-301.01 (2001), shall not apply to contracts authorized under the Tenant Assistance Program.

1916.8 The Contract shall specify that the housing provider may keep the assistance payment for the month in which the tenant vacates without proper notice to the housing provider with no other provision for vacancy loss.

1916.9 The Contract shall allow periodic increases in the Contract rent consistent with the District’s rent stabilization law, except that assistance payments shall be calculated based on the current Payment Standard Schedule or the Contract rent (or gross rent where applicable), whichever is lower.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4420 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4480 (June 23, 1989).

14 DCMR § 1917 [RESERVED]

14 DCMR § 1918 [RESERVED]

14 DCMR § 1919 [RESERVED]

14 DCMR § 1920 ANNUAL TENANT RE-EXAMINATIONS

1920.1 To ensure that participation in the program is restricted to families or individuals continuing to meet the eligibility requirements, and that such families or individuals are paying appropriate total tenant payments, the eligibility status and the income of each participant shall be re-examined and redetermined annually by DCHA.

1920.2 For each participant the annual re-examination effective date shall be the anniversary date of the first day of the month in which the participant began receiving assistance; Provided, that DCHA may adjust the re-examination date in properties containing a significant number of tenants in order to schedule some or all tenant re- examinations in the same property at the same time.

1920.3 Ninety (90) calendar days prior to the re-examination effective date, DCHA shall schedule a re-examination interview and notify the participant. At the interview the participant shall be responsible for providing to DCHA a completed application for continued assistance, and appropriate documents or third-party verification request forms confirming income, assets or other information as requested by DCHA.

1920.4 If a participant experiences difficulty in securing the required information or other events result in a delay of the re-examination process, DCHA may not extend the re-examination effective date.

1920.5 DCHA shall continue current assistance payments beginning on the effective date and shall determine assistance at a recalculated level retroactive to the effective date once the re-examination process is complete. If the tenant has not completed the re-examination process within ninety (90) calendar days of the re-examination effective date, assistance shall be terminated.

1920.6 Tenant failure to report to the scheduled re-examination interview or to reschedule the interview for another time within fifteen (15) calendar days of the notice, shall cause termination of assistance on the re-examination effective date.

1920.7 If a tenant fails to report for an interview due to a situation determined by DCHA to have been an emergency, the re-examination interview may be rescheduled once.

1920.8 DCHA re-examination activities shall include the following:

(a) The tenant shall complete an application and provide current information needed for re-examination;

(b) DCHA shall compare the family size to the occupancy standards set forth in § 1813. The family may be issued a new Certificate of Eligibility in accordance with § 1820 if required because of changes in family composition;

(c) DCHA shall obtain from the housing provider the contract rent to be charged for the coming year and information on any changes in tenant-paid utilities;

(d) DCHA shall compute annual and adjusted income and total tenant payment and determine any required change in Tenant Rent, Utility Allowance, and Tenant Assistance Payment in accordance with § 1908. Any changes in assistance payments, Tenant Rent, and Utility Allowances shall be effective on the re-examination effective date; and

(e) Upon completion of the re-examination, DCHA shall revise the Tenant Assistance Contract to incorporate any revised tenant assistance payment and shall renew the contract with the housing provider for a one (1) year term.

1920.9 A tenant who is determined ineligible for continued assistance at the annual re- examination shall be so notified in accordance with § 1804 of this subtitle.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4421 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4481 (June 23, 1989).

14 DCMR § 1921 INTERIM TENANT RE-EXAMINATIONS

1921.1 A participant shall report to DCHA in writing any of the following changes in family circumstances within fifteen (15) calendar days of the change:

(a) Increases in household income of more than fifty dollars ($50) per month;

(b) Changes in family size;

(d) Decreases in income expected to last more than three (3) months; or

(e) Rent increases (if the current Gross Rent is less than the applicable Payment Standard and the assistance payment to the housing provider would increase).

1921.2 Tenant failure to make required reports under §§ 1921.1 (a), (b), (c), or (e) shall result in termination of assistance in accordance with § 1932.1.

1921.3 At an interim re-examination, in recalculating appropriate unit size and assistance, DCHA shall take into consideration only the information required to be reported or actually reported by the tenant.

1921.4 Interim re-examinations that result in a decrease in assistance shall be effective only with thirty (30) calendar days written notice to the tenant. Interim re-examinations that result in an increase in assistance shall be effective on the first day of the month following the completion of processing.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4423 (July 25, 1986).

14 DCMR § 1922 ANNUAL AND SPECIAL HOUSING UNIT INSPECTIONS

1922.1 In addition to the unit inspections required prior to initial Contract execution, DCHA shall inspect each unit under Contract at least annually and at other times as necessary to assure that the housing provider is meeting the obligation to maintain the unit in decent, safe and sanitary condition. The tenant shall cooperate with inspections at reasonable times and after reasonable notice.

1922.2 DCHA shall take into consideration complaints and any other information coming to its attention in scheduling inspections.

1922.3 If DCHA notifies the housing provider that a unit under Contract is not being maintained in decent, safe and sanitary condition and the housing provider fails to take corrective action (including corrective action with respect to the tenant where the condition of the unit is the fault of the tenant) within a period of time prescribed by DCHA, DCHA may suspend assistance payments to the housing provider as provided for in § 1931.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4423 (July 25, 1986).

14 DCMR § 1923 [RESERVED]

14 DCMR § 1924 [RESERVED]

14 DCMR § 1925 [RESERVED]

14 DCMR § 1926 VOLUNTARY TENANT MOVES

1926.1 DCHA shall not restrict voluntary tenant moves from one (1) unit to another.

1926.2 A tenant shall move in accordance with the terms of the tenant’s lease in order to continue assistance. Before assistance may begin in the new unit, the previous housing provider shall certify that the tenant has done the following:

(a) Satisfied all financial obligations to the provider; and

(b) Vacated the unit in accordance with the lease; including required notice.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4424 (July 25, 1986).

14 DCMR § 1927 TENANT MOVES REQUIRED BY DCHA

1927.1 If at a regular annual re-examination or because of information reported at an interim re-examination DCHA determines that a tenant is overcrowded and violates program occupancy standards, DCHA shall do the following:

(a) Notify the tenant that, on the effective date of the next annual re-examination, the tenant shall move to a larger unit in order to continue assistance; and

(b) Sixty (60) days prior to the effective date of the next annual re-examination, issue a new Certificate of Eligibility on the same basis as § 1920.2 stating the new required unit size and the applicable Payment Standard Schedule.

1927.2 If a housing provider fails to maintain a dwelling unit according to program housing quality standards, DCHA shall terminate assistance under the Contract for that unit as provided for in § 1930.2. If assistance is terminated for this reason, DCHA shall do the following:

(a) Issue a new Certificate of Eligibility to the Tenant; and

(b) Notify the tenant of his or her right do the following:

(1) Continue to occupy the unit paying an assisted rent until the expiration date of a Certificate of Eligibility limited to an additional ninety (90) days, at which time the tenant shall move to an eligible unit in order to continue assistance; and

(2) Terminate the lease without penalty.

1927.3 Certificates of Eligibility issued by DCHA under §§ 1927.1 and 1927.2 may be extended as provided under § 1820.3; provided, that DCHA may limit the time of extension whenever it determines that the severity of overcrowding or failure to meet housing quality standards in an existing unit requires the tenant to move quickly.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4424 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4481 (June 23, 1989).

14 DCMR § 1928 EVICTIONS AND LEASE TERMINATIONS BY HOUSING PROVIDERS

1928.1 Housing providers shall terminate leases with tenants in accordance with lease terms and District law.

1928.2 A tenant evicted through judicial means for non-payment, or violation of the lease or District Tenant-Landlord law, shall not be eligible for assistance after the date of eviction.

1928.3 A tenant who shall move, for any other reason, including lease non-renewal, non-judicial eviction, or owner non-renewal of the Contract, shall be eligible for continued assistance in a new unit as provided in § 1929.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4425 (July 25, 1986).

14 DCMR § 1929 ASSISTANCE IN A NEW UNIT

1929.1 The new Certificates of Eligibility that are issued to tenants who wish to move or are required to move shall expire in accordance with §§ 1820 or 1927.

1929.2 The unit to which the tenant proposes to move shall be approved as provided in § 1914.

1929.3 DCHA shall re-examine a tenant at the time of a move to a new unit only if a regular annual re-examination is due or the tenant reports information requiring an interim re-examination.

1929.4 All program tenant eligibility requirements shall be met in order for a tenant to continue assistance in a new unit.

1929.5 DCHA shall use the tenant’s adjusted annual income, the Payment Standard Schedule and Utility Allowances for tenant paid utilities in effect at the time of the most recent annual re-examination, and the contract rent for the unit to calculate the new Tenant Rent and assistance payment.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4425 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4482 (June 23, 1989).

14 DCMR § 1930 TERMINATION OF TENANT ASSISTANCE CONTRACT

1930.1 The housing provider may terminate a Tenant Assistance Contract for the following reasons only:

(a) DCHA material non-compliance with the terms of the Contract;

(b) Judicial eviction of the tenant during the term of the Contract; or

(c) For other reasons, on the renewal date of the Contract, and consistent with District of Columbia law and the lease with the tenant.

1930.2 DCHA may terminate a Tenant Assistance Contract for the following reasons only:

(a) Because of non-appropriation or insufficient appropriation of program funds for the upcoming fiscal year;

(b) Because of housing provider material non-compliance with the terms of the Contract; or

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4426 (July 25, 1986).

14 DCMR § 1931 SUSPENSION OF TENANT ASSISTANCE PAYMENTS

1931.1 During the term of a Tenant Assistance Contract, DCHA may suspend assistance payments to a housing provider on behalf of a tenant for the following reasons:

(a) Violation of program housing quality standards other than occupancy standards; or

(b) Other violations of the Contract.

1931.2 If a unit fails to meet housing quality standards as determined by an annual DCHA inspection or because of other DCHA staff or tenant action, or the housing provider is in violation of other Contract provisions, DCHA shall take the following actions:

(a) Notify the housing provider in writing of the violation and give a deadline for corrective action. Assistance payments shall continue until this deadline;

(b) Suspend assistance payments, if the violation is not corrected within the established time period, and issue a new Certificate of Eligibility to the tenant as provided in § 1927.2; and

(1) On the renewal date of the Contract;

(2) On the date the tenant terminates the lease; or

(3) On the expiration date of the new Certificate of Eligibility, whichever occurs first.

1931.3 Payments suspended in accordance with § 1931.2(b) may resume if the housing provider takes required action and the tenant has not terminated the lease. Any suspended payments are permanently lost to the housing provider.

1931.4 The Contract shall remain in effect during the period of suspension; the housing provider may not terminate the tenant’s lease nor charge the tenant for the suspended assistance payments.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4427 (July 25, 1986).

14 DCMR § 1932 TERMINATION OF ASSISTANCE TO A TENANT

1932.1 DCHA may terminate assistance to a tenant for any of the following reasons:

(a) At an annual or interim re-examination the tenant fails to meet program eligibility requirements described in § 1810 of this subtitle;

(b) The calculated Total Tenant Payment exceeds the Contract rent plus an allowance for any tenant paid utilities and no assistance payment is required;

(c) The tenant fails to repay past unauthorized assistance as required under a written agreement with DCHA (see § 1936 of this chapter);

(d) The tenant fraudulently misrepresents eligibility for assistance, family income, or other information, with the intention of obtaining unauthorized assistance (see § 1936 of this chapter);

(e) The tenant fails to cooperate with required annual re-examination and interim reporting (see §§ 1920 and 1921 of this chapter);

(f) The tenant is judicially evicted for non-payment or other violation of the lease or D.C. tenant-landlord law;

(g) The tenant is unable to find an eligible unit within the ninety (90) day time limit of the Certificate, plus any extensions granted by DCHA, when the tenant is required to move because of the following conditions:

(1) Overcrowding;

(2) Unit violation of housing quality standards;

(3) Contract termination; or

(4) Non-judicial lease termination;

(h) Program appropriations are inadequate to continue tenant assistance.

1932.2 DCHA shall provide a thirty (30) calendar day written notice of proposed termination of assistance to the affected tenant, and provide an opportunity for an official administrative review of the action as described in § 1710.

1932.3 Tenants whose assistance has been terminated for reasons listed in § 1932.1 (c), (d), (e), and (f) shall not be eligible for future assistance under this program.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4427 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4482 (June 23, 1989).

14 DCMR § 1933 TENANT ASSISTANCE PAYMENTS FOR VACATED UNITS

1933.1 The housing provider shall be eligible for assistance payments for a tenant through the end of the calendar month in which the tenant vacates the unit without required notice. The tenant shall notify DCHA when the tenant plans to vacate the unit. If the tenant vacates without notice, the housing provider shall notify DCHA within ten (10) calendar days of the vacancy.

1933.2 If the vacated unit is reoccupied that same month by another tenant assisted under the Tenant Assistance Program, DCHA shall credit the previously paid assistance for that unit for that month, on a daily pro-rata basis, to the assistance due the housing provider for the new tenant. However, if the new tenant’s level of assistance is below that of the moved-out tenant, the housing provider shall not be liable for the difference.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4429 (July 25, 1986).

14 DCMR § 1934 [RESERVED]

14 DCMR § 1935 [RESERVED]

14 DCMR § 1936 TENANT FRAUD AND REPAYMENT OF UNAUTHORIZED ASSISTANCE

1936.1 DCHA shall terminate the assistance of any tenant it discovers to have done the following:

(a) Fraudulently misrepresented or fraudulently documented eligibility for assistance;

(b) Fraudulently documented family circumstances for the purpose of obtaining a selection preference on the waiting list;

(c) Fraudulently underreported income or assets, or overstated allowances or family size for the purposes of paying a lower tenant rent and obtaining greater assistance; or

(d) Received duplicative assistance under this program and any other federal or District housing program.

1936.2 If DCHA suspects tenant fraud, but does not have clear evidence, it may refer the case to the proper authorities for investigation. If the authorities report that fraud did in fact occur, assistance shall be terminated.

1936.3 DCHA shall terminate assistance because of tenant fraud with a thirty (30) calendar day written notice which shall provide the tenant an opportunity for administrative review of the action as described in § 1710 of this subtitle.

1936.4 If a tenant has incorrectly reported income, assets, family size, or deductions from income through error rather than fraud and incorrectly received a higher level of assistance than allowed, DCHA shall retroactively calculate the correct level of assistance and charge the tenant for the difference between actual assistance paid and the amount that should have been paid.

1936.5 If the tenant is unable to immediately repay DCHA for the unauthorized assistance, DCHA and the tenant shall enter into a written agreement for repayment of the amount due in installments over a period of time, not to exceed one (1) year.

1936.6 Tenant failure to make installment payments when due shall be grounds for termination of assistance. The DCHA action to terminate assistance on these grounds shall follow the procedures set forth in § 1932 of this chapter.

1936.7 DCHA shall take appropriate action to recover any amount due DCHA from the tenant through either fraud or error after termination of assistance.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4429 (July 25, 1986).

14 DCMR § 1937 HOUSING PROVIDER REPAYMENT OF UNAUTHORIZED ASSISTANCE

1937.1 Housing providers shall accurately report the following:

(a) The date of move-in;

(b) The date of move-out;

(d) The utilities paid by the tenant in order to calculate tenant assistance payments.

1937.2 If DCHA determines that a housing provider has incorrectly reported information affecting the level of tenant assistance, it shall calculate the correct level of assistance and take the following action as appropriate:

(a) Assistance payment decreases shall be effective retroactively; and

(b) Assistance payment increases shall be effective the first day of the month following a thirty (30) calendar day written notice.

1937.3 If the recalculation of level of assistance affects the tenant rent payment the following action shall be taken as appropriate:

(a) Tenant rent decreases shall be effective retroactively; and

(b) Tenant rent increases shall be effective on the first of the month following a thirty (30) calendar day written notice.

1937.4 If the tenant rent is decreased retroactively, the housing provider shall credit or refund the tenant overpayment within thirty (30) calendar days.

1937.5 If the Assistance Payment is decreased retroactively, DCHA shall deduct the overpayment from future assistance payments to the housing provider. If the housing provider is no longer participating in the program, DCHA shall bill the provider. Repayment to DCHA shall be a condition of future participation in the program.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4430 (July 25, 1986).

14 DCMR § 1938 SECURITY DEPOSITS

1938.1 A housing provider may collect a security deposit from the tenant not to exceed one (1) month’s rent.

1938.2 The security deposit may be collected from the tenant by the housing provider as follows:

(a) In full, prior to the lease effective date; or

(b) Under another schedule agreed to in writing by both the tenant and housing provider.

1938.3 The security deposit shall be deposited in an interest bearing account and earn interest as provided for by District law.

1938.4 Subject to District law, after the tenant moves from the unit the housing provider may use the security deposit plus accrued interest as reimbursement for any unpaid rent payable by the tenant or other amounts which the tenant owes under the lease.

1938.5 Within the time period established by District law, the provider shall give the family a written list of all items charged against the security deposit and the amount of each item. After deducting the amount due the provider, the provider shall refund to the tenant the full amount of any unused balance.

1938.6 If an applicant determines that he or she is unable to pay the security deposit, not to exceed one (1) month’s rent, the applicant may apply to DCHA for a repayable advance not to exceed the difference between thirty percent (30%) of the applicant’s monthly income (or twenty-five percent (25%) in the case of elderly or handicapped) and the amount of the security deposit required.

1938.7 DCHA may take into account the applicants other resources in determining the amount of advance it shall provide.

1938.8 The advance shall be provided to the housing provider, on behalf of the tenant, and shall be conditioned on the applicant entering into a repayment agreement with DCHA.

1938.9 DCHA shall establish a reasonable repayment schedule for the advance which is affordable by the applicant, and may defer payment of the advance until the time the tenant vacates the assisted unit for which the advance was provided, or the time when assistance under the program is terminated.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4431 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4482 (June 23, 1989).

14 DCMR § 1999 DEFINITIONS

1999.1 The provisions of § 1799 of chapter 17 of this subtitle and the definitions set forth in that section shall be incorporated by reference in this section.

14-20 TENANT ASSISTANCE PROGRAM: DESIGNATED USING UNIT PROGRAM

14 DCMR § 2000 HOUSING UNITS ELIGIBLE FOR SUBSIDY ALLOCATIONS

2000.1 DCHA may provide Tenant Assistance Program funding to a designated housing unit or units in the following types of housing projects:

(a) Single room occupancy congregate living and group living facilities (so long as the services provided do not include “continual psychiatric, medical, or nursing service” as prohibited under § 1901.4(b) of this subtitle);

(b) Multifamily properties receiving hardship rent increases granted by the Rent Administrator of the Department of Consumer and Regulatory Affairs, whose tenants are unable to afford these increases;

(d) Properties requiring rehabilitation in order to meet the housing quality standards of the program; and

(e) Properties involving new construction of housing.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 302(e) of the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Official Code § 42-3503.02(e) (2001) and Mayor’s Order 86-27, effective February 26, 1986, 33 DCR 1651 (March 14, 1986). EDITOR’S NOTE: The rules relating to the Tenant Assistance Program were originally adopted by the Director of the Department of Housing and Community Development. Under Part IIA(f) and B(2) of Reorganization Plan No. 1 of 1987, D.C. Official Code, Vol. 3, 385 (2001), all functions relating to the administration of the Tenant Assistance Program were transferred from the Director of the Department of Housing and Community Development (“DHCD”) to the Director of the Department of Public and Assisted Housing (“DPAH”). D.C. Law 10-243, the “District of Columbia Housing Authority Act of 1994,” abolished the Department of Public and Assisted Housing (DPAH) and established the District of Columbia Housing Authority (DCHA) as a corporate body and legal instrumentality of the government of the District of Columbia. D.C. Law 13-105, the “District of Columbia Housing Authority Act of 1999,” repealed D.C. Law 10-243 and re-established the DCHA as an independent authority of the District government and the successor in interest to the former housing authority. Accordingly, the term “Director” in chapters 17 through 21 of this title refers to the Director of the DCHA.
SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4432 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4483 (June 23, 1989).

14 DCMR § 2001 APPLICATION FOR SUBSIDY ALLOCATIONS TO HOUSING UNITS

2001.1 DCHA shall make known to the public, including housing providers and housing developers, the availability of Tenant Assistance Program funding to eligible housing unit types.

2001.2 DCHA shall receive applications for funding from housing providers or housing developers when funding is available in one of the following ways:

(a) Issuance of a Request for Proposals (RFP) within a prescribed period of time;

(b) Issuance of an application to a specific housing provider or developer at any time, but only in connection with another application for financial assistance under another program that is pending action at DCHA or another District agency or department;

(c) Receipt of an application for a property which has received a hardship rent increase from the Rent Administrator of the Department of Consumer and Regulatory Affairs; provided, that the Rent Administrator certifies to DCHA that the rent increases approved are not affordable by existing lower income tenants in the property; or

(d) Other fair and equitable methods as may be determined by DCHA, provided that DCHA provides public notice of such method and the opportunity to apply.

2001.3 When DCHA issues a Request for Proposals (RFP), the RFP shall indicate the selective factors to be used in reviewing and evaluating applications for selection and funding. Selective factors may include priority criteria for funding specific types of housing units or properties.

2001.4 Applications shall be in a form specified by DCHA.

2001.5 DCHA shall review each application for completeness and eligibility. DCHA shall notify each applicant of its determination of approval or disapproval. Applications that are approvable, but for which sufficient funding is not available, may be held until funding is available.

2001.6 The DCHA approval may be conditioned on satisfaction of requirements prior to the receipt of assistance.

2001.7 DCHA shall give priority consideration to applications received under the Designated Housing Unit Tenant Assistance Program to properties receiving assistance under the Distressed Properties Improvement Program consistent with § 804(d) of the Act, D.C. Official Code § 42-3508.04 (2001).

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4432 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4483 (June 23, 1989).

14 DCMR § 2002 PROVISION OF ASSISTANCE TO OCCUPIED AND VACANT UNITS

2002.1 Current housing unit occupants shall be eligible for assistance if the following occurs:

(a) They meet all eligibility requirements set forth in chapter 18 of this subtitle;

(b) Their current housing unit (or another unit available within the same property) has the number of bedrooms required for their family based on program occupancy standards; and

2002.2 Current occupants who require a larger unit than available within the same property shall be eligible to receive a Certificate from DCHA under the emergency program, as described in § 1703.1(b), and obtain assistance in a correct size unit.

2002.3 Current occupants who require a smaller unit than available within the same property shall be eligible for the following:

(a) Receive a Certificate from DCHA under the emergency program and obtain assistance in a correct size unit; or

(b) Stay in their current unit and have the assistance payment calculated using the Payment Standard for the unit size for which they qualify.

2002.4 Units vacant at the time of project selection shall be occupied by certificate holders selected by the housing provider from referrals by DCHA from its Tenant Assistance Program waiting list.

2002.5 Any subsequent vacancy occurring in a unit receiving assistance under contract with DCHA shall be occupied by Certificate Holders consistent with § 2002.4.

2002.6 Notwithstanding the requirements of §§ 2002.4 and 2002.5, a housing provider receiving assistance under the provisions of this chapter may request a waiver by the Director of DCHA of the requirement that initial vacancies, or any subsequent vacancies, be occupied by certificate holders from the Tenant Assistance Program waiting list; provided, the following conditions shall be required:

(a) The housing to be assisted is a type as authorized under paragraphs (a), (d) or (e) of § 2000.1;

(b) The housing is specifically designed to serve a segment of the District population having special housing needs that may not be adequately represented on the waiting list of the General Application Tenant Assistance Program, including the following populations:

(1) Elderly persons;

(2) Physically or mentally handicapped persons;

(3) Disabled persons; and

(4) Other special housing needs for populations such as drug abusers and battered spouses.

(d) The housing provider provides justification satisfactory to DCHA that the population to be served cannot be easily reached through the general application process required by chapter 18, section 1800; and

(e) The housing provider has provided an alternate housing application plan satisfactory to DCHA.

2002.7 An alternate housing application plan as required under § 2002.6(e) shall include, but not be limited to, the following:

(a) Agreement by the housing provider that first priority shall be provided to applicants on DCHA’s waiting list who meet the special housing population characteristics for which the housing is planned;

(b) A plan for open and affirmative marketing on an equal opportunity basis to obtain applications for vacancies in the initial occupancy of the housing, which shall include public notice of the availability of units at least ninety (90) days prior to the expected date of initial occupancy;

(c) Agreement by the housing provider that applications shall be considered based on the date and time of application receipt, and that if more applications are received than available units, a waiting list shall be maintained based on date and time of application for consideration when subsequent vacancies occur;

(d) Agreement by the housing provider that application for tenant assistance shall be on a form prescribed by DCHA and that all applications and information to verify application information shall be subject to DCHA review and approval prior to occupancy; and

(e) Agreement that all tenant assistance program eligibility and other requirements shall apply.

2002.8 If the Director approves the waiver request under § 2002.6, the application process shall be implemented based on the plan submitted consistent with § 2002.7, and any conditions of approval of the plan by DCHA.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4432 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4483-85 (June 23, 1989).

14 DCMR § 2003 AGREEMENTS WITH HOUSING PROVIDERS

2003.1 DCHA and the housing provider shall execute a Tenant Assistance Contract consistent with the provisions of chapter 19, section 1916.

2003.2 DCHA may enter into preliminary agreements with housing providers, prior to the execution of a Tenant Assistance Contract which specifies the conditions under which a contract shall be executed.

2003.3 All other provisions of chapters 17, 18 and 19 of the Tenant Assistance Program shall be applicable to the extent consistent with other provisions of this chapter.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4434-35 (July 25, 1986); as amended by Notice of Final Rulemaking published at 36 DCR 4472, 4485 (June 23, 1989).

14 DCMR § 2004 RENTS FOR HOUSING UNITS RECEIVING SUBSIDY ALLOCATIONS

2004.1 The Payment Standard applied to housing units receiving allocations shall be as follows:

(a) One hundred percent (100%) of the applicable Payment Standard Schedule for units where no rehabilitation work is anticipated;

(b) Up to one hundred percent (100%) of the payment applicable for newly constructed or rehabilitated housing for units where construction or rehabilitation work is anticipated or has occurred within the last twelve (12) months. The percentage of the payment standard allowed shall be consistent with an amount determined by DCHA to be reasonable; or

(c) A higher amount, not to exceed the Fair Market Rents set forth in § 1906.1, where the Director of DCHA determines that construction or rehabilitation is not feasible within the limits of subsection 2004.1(b).

2004.2 Subsequent increases in rent levels, after initial occupancy, shall be established as follows:

(a) For units subject to the District’s rent stabilization law, periodic increases shall be allowed in accordance with § 1916.5; or

(b) For properties not subject to the District’s rent stabilization law, rent increases shall be the lesser of the following:

(1) The percentage increase in any revised Payment Standard Schedule, by appropriate unit size, shall be applied to the previous rent level approved; or

(2) The amount allowed under a rent regulatory agreement pursuant to another assistance program of the District government.

2004.3 If the amount allowed under § 2004.2(b) is not sufficient to meet reasonable costs of the housing provider, a request may be made for approval of a higher rent level for payment calculations based on documented costs satisfactory to DCHA.

2004.4 The schedule of allowances for Tenant Paid Utilities in units receiving allocations shall be the same as the schedule of allowances for similar properties.

History

SOURCE: Notice of Final Rulemaking published at 33 DCR 4396, 4435 (July 25, 1986); as amended by Notice of Final Rulemaking published at 34 DCR 5356, 5358 (August 14, 1987).

14 DCMR § 2099 DEFINITIONS

2099.1 The provisions of section 1799 of this subtitle and the definitions set forth in that section shall be incorporated by reference in this section.

14-21 TENANT ASSISTANCE PROGRAM: LEASE IN-PLACE PROGRAM

14 DCMR § 2100 HOUSING UNITS ELIGIBLE FOR LEASE IN-PLACE

2100.1 DCHA may contract with housing providers to assist families who are otherwise eligible for program assistance under a lease in-place program; provided, that the units are in substantial compliance with the housing code.

2100.2 The program outlined in this chapter shall be separate and discrete from the program outlined in chapter 18 of this title.

2100.3 Nothing in this chapter shall prevent an applicant on the waiting list, as described in chapter 18, from receiving assistance in a unit in which he or she currently resides; provided, that the unit meets other applicable program requirements.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Official Code §§ 42-3501.01 et seq. (2001).
SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4485 (June 23, 1989). EDITOR’S NOTE: The rules relating to the Tenant Assistance Program were originally adopted by the Director of the Department of Housing and Community Development. Under Part IIA(f) and B(2) of Reorganization Plan No. 1 of 1987, D.C. Official Code, Vol. 3, 385 (2001), all functions relating to the administration of the Tenant Assistance Program were transferred from the Director of the Department of Housing and Community Development (“DHCD”) to the Director of the Department of Public and Assisted Housing (“DPAH”). D.C. Law 10-243, the “District of Columbia Housing Authority Act of 1994,” abolished the Department of Public and Assisted Housing (DPAH) and established the District of Columbia Housing Authority (DCHA) as a corporate body and legal instrumentality of the government of the District of Columbia. D.C. Law 13-105, the “District of Columbia Housing Authority Act of 1999,” repealed D.C. Law 10-243 and re-established the DCHA as an independent authority of the District government and the successor in interest to the former housing authority. Accordingly, the term “Director” in chapters 17 through 21 of this title refers to the Director of the DCHA.

14 DCMR § 2101 PUBLIC NOTICE FOR APPLICATION

2101.1 DCHA shall receive applications for the lease in-place program during a prescribed period of time following public notice.

2101.2 Public notice of the availability of assistance under the lease in-place program shall include, but not be limited to, notice by the following means:

(a) Publication in newspapers of general circulation in the District of Columbia:

(b) Publication in minority media; and

(c) Notification to the District of Columbia Office on Aging and other District agencies and private city-wide organizations representing elderly citizens or tenants.

2101.3 Public notice shall include the time period for application, how application forms may be obtained, where and how applications shall be received, who is eligible to apply, priorities for applicant selection and other information relevant to the application process.

2101.4 Public notice may include a preliminary estimate of the number of units that are to be assisted under a specific application period, but such estimate shall not be binding on DCHA.

History

SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4486 (June 23, 1989).

14 DCMR § 2102 APPLICATION FOR LEASE IN-PLACE PROGRAM

2102.1 Application shall be in a form prescribed by DCHA and submitted to DCHA consistent with the public notice for application. Information required on the application shall be sufficient for DCHA to make a preliminary determination of eligibility for the program.

2102.2 Applications received after the time period stated in the public notice shall not be considered eligible for assistance and shall be so notified.

2102.3 Applications for the lease in-place program shall be signed by both the tenant seeking assistance under the program and the housing provider (or authorized agents of the housing provider). Housing providers shall submit all applications for a single property as a group.

2102.4 Illegible or incomplete applications may be rejected.

2102.5 DCHA may establish an expiration date for all applications received during an application time period. The effect of the expiration date shall be that any application not selected and funded under the program prior to the established date shall expire and have no status for consideration under the program.

History

SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4486 (June 23, 1989).

14 DCMR § 2103 REVIEW AND SELECTION OF APPLICATION

2103.1 Applications shall be grouped by property for purposes of selection.

2103.2 For purposes of this chapter, the term “property” means an entire rental housing accommodation owned by the same legal entity which is covered by a Certificate of Occupancy for housing use and is located on one or more contiguous lots and squares as specified in the tax assessment records of the District of Columbia.

2103.3 Applications, grouped by property, shall be given an application number based on the use of a random selection process that shall establish an order in which properties shall be considered for funding under the lease in-place program.

2103.4 DCHA may limit the number of units assisted under this program in a single property to one hundred and fifty (150) units; provided, that the limit on the number of units assisted per property may be set higher or lower if specifically indicated in the public notice for applications.

2103.5 Housing providers shall be sent a letter acknowledging receipt of application for their property and their application number as determined by § 2103.3.

History

SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4487 (June 23, 1989).

14 DCMR § 2104 FINAL APPROVAL FOR LEASE IN-PLACE PROGRAM

2104.1 To the extent funding is available, housing providers shall be contacted in writing by DCHA in the order determined under § 2103.3 of this chapter with a letter of preliminary selection for the lease in-place program.

2104.2 Following receipt of the preliminary selection letter, the housing provider shall be provided a more detailed briefing by DCHA on participation in the program.

2104.3 The housing provider shall be required to advise all tenants in the selected property as follows:

(a) A notice of preliminary property selection and opportunity to apply for program assistance shall be posted in a common area on each floor of each building of the property; and

(b) The notice shall provide tenants twenty-one (21) calendar days to complete an application for assistance, which the housing provider shall be requested to receive and submit to DCHA, containing information required by DCHA consistent with §§ 1803, 1810, 1811, 1812 and 1813 of chapter of this title.

2104.4 Tenant applications may be submitted directly to DCHA.

2104.5 The housing provider may elect, at its option, to obtain information verifying the information on tenant applications consistent with §§ 1804.5 and 1812 of chapter 18 of this title.

2104.6 All information and applications under §§ 2104.3 through 2104.5 shall be subject to review by DCHA.

2104.7 If the housing provider does not collect tenant verification information under § 2104.5, DCHA shall schedule appointments with tenants to obtain and verify application data.

2104.8 The housing provider shall also be required to provide information on rents, unit size and other appropriate data consistent with §§ 1900, 1901, 1902, 1906, 1907 and 1914 of chapter 19 of this title.

2104.9 DCHA shall inspect the property to determine if it conforms to the housing quality standards of § 1902 of chapter 19 of this title, and that units to be assisted conform with the occupancy standards of § 1813 of this title.

2104.10 If the property has deficiencies, the housing provider shall be required to make any required repairs within a reasonable period of time, as determined by DCHA, before assistance is provided.

2104.11 DCHA shall review tenant applicant information in accordance with the priority consideration criteria of § 1803.2 of this subtitle. Based on this review, assistance shall be offered to the property on the following basis:

(a) Initial assistance shall only be offered to priority applicants; and

(b) Additional assistance for units with non-priority applicants may be made available if all priority applicants from properties selected under § 2103.3 of this chapter have been assisted, but only to the extent funding is available, and in the same order of properties as determined in § 2103.3.

2104.12 In the event there are not sufficient funds available to assist all priority applicants in a property, or the number of priority applicants exceeds the limit DCHA may impose under § 2103.4 of this chapter, the following procedure for selection among priority applicants shall be used:

(a) First priority shall be given to applicants on the waiting list, who live in the property concerned, as noted in § 1804; provided, that the date of their application for that program pre-dates the application for the in-place leasing program; and

(b) Any priority applicants remaining shall be selected based on an order determined by a random selection process conducted by DCHA.

2104.13 When all information required by the housing provider and eligible tenants has been reviewed to the satisfaction of DCHA, the housing provider shall be provided final approval for participation in the lease in-place program and offered a tenant assistance contract consistent with § 1916 of chapter 19 of this title. DCHA may offer either an annual contract or a multi-year contract to the housing provider, at DCHA’s option.

2104.14 DCHA shall be under no obligation to process lease in-place applications for final approval after an expiration date established under § 2102.5 of this chapter.

History

SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4487 (June 23, 1989).

14 DCMR § 2105 OTHER PROGRAM REQUIREMENTS

2105.1 All contracts executed under the lease in-place program shall be subject to applicable requirements of the Tenant Assistance Program in chapter 19 of this title including, but not limited to, §§ 1920 through 1922, 1927 through 1933, 1936, and 1937, to the extent consistent with the requirements of this chapter.

2105.2 Tenants who move from a property participating in the lease in-place program shall be allowed to continue to receive assistance under the Tenant Assistance Program only if the move is in accordance with § 1927 of chapter 19 of this title.

2105.3 Notwithstanding the provisions of §§ 2101, 2102 and 2103, following the first invitation for and receipt of applications as outlined in those sections, DCHA may elect to use an alternative method for the invitation, submission and selection of applications under the lease in-place program; provided, that the alternative method is a fair and equitable process for application and selection of applications.

2105.4 DCHA shall be required to give adequate public notice of all aspects of any alternative method concerning the submission and selection of applications with the public notice for application.

History

SOURCE: Notice of Final Rulemaking published at 36 DCR 4472, 4490 (June 23, 1989).

14 DCMR § 2199 DEFINITIONS

2199.1 The provisions of § 1799 and the definitions set forth in that section shall be incorporated by reference in this section.

14-22 INCLUSIONARY ZONING IMPLEMENTATION

14 DCMR § 2200 GENERAL PROVISIONS

GENERAL PROVISIONS

The purpose of this chapter is to implement the Zoning Commission’s Inclusionary Zoning Regulations (11-C DCMR Chapter 10) and the Inclusionary Zoning Act.

This chapter implements these aspects of the Inclusionary Zoning Regulations and the Inclusionary Zoning Act by establishing, among other things:

(a) The process and prerequisites for obtaining building permits and certificates of occupancy for Inclusionary Developments;

(b) The process for selecting Eligible Households for an Inclusionary Unit; and

(c) The responsibilities of and limitations on Inclusionary Development Owners, Inclusionary Unit Owners and Inclusionary Unit Tenants.

All timeframes established in this chapter for an agency to take an action are guidelines only. An agency’s failure to act within a timeframe established in this chapter shall not constitute a default by the agency and shall not permit any person to take or refuse to take any action governed by the Inclusionary Zoning Program.

In computing a period of time specified in this chapter, calendar days shall be counted unless otherwise provided.

In computing a period of time specified in this chapter, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period of time so computed shall be included unless it is a Saturday, Sunday, or official District of Columbia holiday, in which case the period of time shall run until the end of the next day that is not a Saturday, Sunday, or official District of Columbia holiday.

DHCD will provide all notices related to Household registration and lotteries to Households via email only, unless a Household has previously requested notice to be sent by first class mail.

All marketing and advertising of Inclusionary Developments shall contain the following statement “Pursuant to the District of Columbia Inclusionary Zoning program, income restricted units are available at this development. Please contact the Department of Housing and Community Development at www.dhcd.dc.gov regarding the availability of such units and requirements for registration in the Inclusionary Zoning program.”

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2200

14 DCMR § 2201 PREREQUISITE FOR OBTAINING BUILDING PERMIT FOR AN INCLUSIONARY DEVELOPMENT

2201.1 No building permit shall be issued for an Inclusionary Development unless DCRA receives and approves an application for a Certificate of Inclusionary Zoning Compliance, signed by the Owner of the Inclusionary Development, demonstrating that the Inclusionary Development will meet the requirements of the Inclusionary Zoning Program.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2201

14 DCMR § 2202 APPLICATION FOR CERTIFICATE OF INCLUSIONARY ZONING COMPLIANCE

2202.1 The Inclusionary Development Owner shall file a written application for a Certificate of Inclusionary Zoning Compliance with DCRA no later than the date upon which the first application for an above-grade building permit is filed for the Inclusionary Development.

2202.2 The Inclusionary Development Owner shall include with its application for a Certificate of Inclusionary Zoning Compliance an application fee in an amount as indicated by publication in the D.C. Register.

2202.3 The Inclusionary Development Owner shall file its application for a Certificate of Inclusionary Zoning Compliance on a form prescribed by DCRA and shall provide such information as is requested on the form.

2202.4 The application form for a Certificate of Inclusionary Zoning Compliance shall include:

(a) The name of the Inclusionary Development, its marketing name if different, and the apartment or condominium name, if applicable;

(b) The street address of the Inclusionary Development;

(d) The current and proposed square, suffix, and lot numbers on which the Inclusionary Development will be located;

(e) A list of all Inclusionary Units in the Inclusionary Development. Each Inclusionary Unit shall be identified by unit number, net square footage, floor location, and the number of bedrooms. The list shall also include, and separately identify, any Inclusionary Units that will serve as the location for the offsite compliance of another Inclusionary Development, as approved by the Board of Zoning Adjustment, together with a copy of the Board of Zoning Adjustment order approving the offsite compliance;

(f) A certification from the Inclusionary Development’s architect or engineer that the size of each Inclusionary Unit is at least ninety-eight percent (98%) of the average size of the same type of Market Rate Unit in the development or at least the size indicated in the following table, whichever is lesser;

Type of Dwelling

Type of Unit

Minimum Unit Size

(net square feet)

Multiple Family Dwelling

Studio

400

One bedroom

550

Two bedrooms

850

Three bedrooms

1,000

Four or more bedrooms

1,050

One or Two Household Dwelling

Two bedrooms

1,000

Three bedrooms

1,200

Four or more bedrooms

1,400

(g) A copy of the site plan, front elevation or block face, and all residential floor plans for the Inclusionary Development. The floor plans shall show the location of each Inclusionary Unit and each Market Rate Unit and shall identify each by unit number;

(h) A copy of the building plat, if required by DCRA pursuant to 12-A DCMR § 106.1.12;

(i) A plan for the phasing of construction that demonstrates compliance with 11-C DCMR § 1005.4, which requires that all Inclusionary Units in an Inclusionary Development be constructed prior to or concurrently with the construction of Market Rate Units, except that in a phased development, the Inclusionary Units shall be constructed at a pace that is proportional with the construction of the Market Rate Units;

(j) The total land area of all of the lots included in the Inclusionary Development;

(k) The total gross floor area of the Inclusionary Development; the gross residential floor area of the Inclusionary Development; the net residential floor area of the Inclusionary Development ; and the gross floor area of the Inclusionary Development required to be set aside pursuant to 11-C DCMR § 1003;

(l) The total net square footage that will be set aside for Inclusionary Units as calculated by multiplying the gross floor area of the Inclusionary Development required to be set aside pursuant to 11-C DCMR § 1003 by the ratio of the net residential floor area of the Inclusionary Development to the gross residential floor area of the Inclusionary Development ;

(m) The net square footage of Inclusionary Units that will be set aside for each MFI Level;

(n) A proposed schedule of standard finishes, fixtures, equipment, and appliances for both Inclusionary Units and Market Rate Units;

(o) For each Inclusionary Unit, the approximate date by which the Inclusionary Development Owner will provide a Notice of Availability pursuant to § 2206;

(p) If construction of the Inclusionary Development will result in the temporary displacement of tenants who are entitled by law to return to comparable units, a list of the Inclusionary Units for which a right of return exists and the basis of the right to return; and

(q) Such other information as may be requested by DCRA.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2202

14 DCMR § 2203 REVIEW AND APPROVAL OF APPLICATION FOR CERTIFICATE OF INCLUSIONARY ZONING COMPLIANCE

2203.1 If DCRA determines that an application for a Certificate of Inclusionary Zoning Compliance does not demonstrate compliance with the Inclusionary Zoning Program or the information provided is insufficient, DCRA shall provide to the Inclusionary Development Owner a written notice of the deficiency and shall allow the Inclusionary Development Owner a reasonable period of time, designated in the written notice, to cure the deficiency.

2203.2 If the Inclusionary Development Owner fails to cure the deficiency within the period of time set forth in the written notice, DCRA may deny the application for the Certificate of Inclusionary Zoning Compliance.

2203.3 If the application for a Certificate of Inclusionary Zoning Compliance demonstrates compliance with the Inclusionary Zoning Program, DCRA shall review and execute the Certificate of Inclusionary Zoning Compliance prior to issuance of the building permit.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2203

14 DCMR § 2204 INCLUSIONARY DEVELOPMENT COVENANT

2204.1 The Inclusionary Development Covenant shall be in a form found legally sufficient by the Office of the General Counsel of DHCD and shall bind all persons with a property interest in any or all of the Inclusionary Development, and all assignees, mortgagees, purchasers, and other successors in interest, to such declarations as DHCD may require, but, at a minimum, shall include:

A provision requiring that the present and all future Owners of a Rental Inclusionary Development shall construct or maintain and reserve Inclusionary Units at such MFI Levels and in such number, square footage, and comparable level of finish as indicated on the Certificate of Inclusionary Zoning Compliance and shall rent such Inclusionary Units in accordance with the Inclusionary Zoning Program and the Certificate of Inclusionary Zoning Compliance;

(b) A provision requiring that the present and all future Owners of a For Sale Inclusionary Development shall construct and maintain Inclusionary Units at such MFI Levels and in such number, and square footage as indicated on the Certificate of Inclusionary Zoning Compliance and shall sell each Inclusionary Unit in accordance with the Inclusionary Zoning Program and the Certificate of Inclusionary Zoning Compliance;

(c) A provision binding all assignees, mortgagees, purchasers, and other successors in interest to the Inclusionary Development Covenant;

(d) A provision providing for the whole or partial release or extinguishment of the Inclusionary Development Covenant only upon the reasonable approval of the Director of DHCD if required by law or pursuant to the provision described in § 2204.1(g);

(e) A provision requiring that the sale or resale of a For Sale Inclusionary Unit shall be only to an Eligible Household selected by DHCD or otherwise authorized by this chapter, at a price that does not exceed the Maximum Resale Price established in accordance with § 2219;

(f) A provision requiring that a lease rider, pursuant to § 2216.5, shall be attached as an exhibit to the lease for a Rental Inclusionary Unit and shall be executed by the Inclusionary Development Owner and each Inclusionary Unit Tenant, including any occupant of a Rental Inclusionary Unit that is eighteen (18) years old or older; and

(g) To the extent allowed by law, a provision requiring that in the event title to a For Sale Inclusionary Unit is transferred according to the provisions of § 2223.1, the proceeds from such foreclosure or transfer shall be apportioned and paid as described therein.

2204.2 DHCD shall provide a draft or template Inclusionary Development Covenant to an Inclusionary Development Owner, who shall complete it and return an executed copy to DHCD prior to approval of the Certificate of Inclusionary Zoning Compliance by DCRA. Upon receipt of the Inclusionary Development Covenant by DHCD, signed by the Inclusionary Development Owner and otherwise conforming to the requirements of this § 2204, and upon receipt by DCHD of the fully executed Certificate of Inclusionary Zoning Compliance, DHCD shall have the Inclusionary Development Covenant fully executed and recorded with the District of Columbia Recorder of Deeds.

2204.3 DHCD may require, in its sole discretion, the use of a deed of trust to ensure compliance by an Inclusionary Development Owner or Inclusionary Unit Owner with the Inclusionary Development Covenant.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2204

14 DCMR § 2205 CERTIFICATES OF OCCUPANCY FOR INCLUSIONARY UNITS

2205.1 An Inclusionary Development Owner shall apply for and obtain a Certificate of Occupancy for each property that contains Inclusionary Units that identifies and includes each Inclusionary Unit in the Inclusionary Development. For an Inclusionary Development where no Certificate of Occupancy is required, the submission requirements of this § 2205 must be satisfied prior to the DCRA inspection of the As-Built Foundation Survey (“Wall Check”) required by 12-A DCMR § 109.3.1.2.

2205.2 Prior to the issuance of a Certificate of Occupancy for an Inclusionary Development, or DCRA acceptance of a Wall Check, an Inclusionary Development Owner shall provide to DCRA a copy of the recorded Inclusionary Development Covenant along with an update of all information provided in its application for a Certificate of Inclusionary Zoning Compliance, if there has been any substantive change to such information since the filing of the application. DCRA shall review the updated information pursuant to the procedures set forth in § 2203.

2205.3 After the submission of the application for a Certificate of Occupancy or request for a final building inspection for an Inclusionary Development where no Certificate of Occupancy is required, DCRA shall inspect the Inclusionary Development for compliance with the Certificate of Inclusionary Zoning Compliance.

2205.4 DCRA shall make good faith efforts to complete its Inclusionary Zoning compliance inspection within fifteen (15) business days after receipt of the Certificate of Occupancy application or request for final building inspection for an Inclusionary Development where no Certificate of Occupancy is required.

2205.5 No Certificate of Occupancy for an Inclusionary Development shall be issued, or Wall Check accepted or final building inspection approved for an Inclusionary Development where no Certificate of Occupancy is required, as necessary, unless DCRA determines that the Inclusionary Development Covenant is recorded with the District of Columbia Recorder of Deeds and the Inclusionary Development is in compliance with the Certificate of Inclusionary Zoning Compliance.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2205

14 DCMR § 2206 NOTICE OF AVAILABILITY

2206.1 The provisions of this § 2206 govern the process by which:

The Owner fulfills its obligation to notify DHCD that a For Sale Inclusionary Unit is available for purchase; and

The owner of a Rental Inclusionary Development fulfills its obligation to notify DHCD that a Rental Inclusionary Unit is available for lease.

2206.2 An Owner shall provide the notification described in § 2206.1 to DHCD by filing a written Notice of Availability in accordance with the provisions of this § 2206.

2206.3 An Inclusionary Development Owner shall file the initial Notice of Availability for an Inclusionary Unit prior to the date of submission of the Certificate of Occupancy application to DCRA applicable to such Inclusionary Unit.

2206.4 An Owner shall file all subsequent Notices of Availability prior to marketing the Inclusionary Unit for sale or rent.

2206.5 A single Notice of Availability may be filed for one or more Inclusionary Units at a time.

2206.6 The Notice of Availability shall include:

(a) The street address and unit number for the Inclusionary Unit(s);

(b) The estimated date upon which the Inclusionary Unit(s) will be available for occupancy;

(c) For each Notice of Availability, a list of any optional or required upfront or recurring fees and costs, including but not limited to condominium, cooperative, or homeowner association fees and fees or costs for amenities, services, upgrade options, or parking. For each such fee or cost, the following information shall be provided:

The amount of the fee or cost;

A description of the fee or cost and how and when it will be charged; and

For the initial sale of a For Sale Inclusionary Unit, the budget for the condominium, cooperative, or homeowner association, the condominium, cooperative, or homeowner association fee for each Market Rate Unit and each Inclusionary Unit, and the formula by which such fee is assessed;

(d) Whether the Inclusionary Unit is for sale or rent;

(e) For each subsequent Notice of Availability for a For Sale Inclusionary Unit, an itemized list of all capital improvements and upgrades made to the Inclusionary Unit that the Owner wishes DHCD to consider when establishing the Maximum Resale Price pursuant to § 2219.2. The Inclusionary Unit Owner shall document each cost or value claimed with receipts, contracts, or other supporting evidence, as reasonably requested by DHCD;

(f) A statement as to the Owner’s chosen method of selection of Households for the Inclusionary Units in accordance with § 2208; and

(g) Such other information as may be required by DHCD.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2206

14 DCMR § 2207 DESIGNATION OF MAXIMUM PURCHASE PRICE OR RENT AND HOUSING LOCATOR WEBSITE REGISTRATION

2207.1 Within seven (7) days after the receipt of a Notice of Availability, DHCD shall notify the Owner of the maximum purchase price or rent for each Inclusionary Unit listed in the Notice of Availability.

2207.2 Except as provided in § 2207.5, the initial maximum purchase price or rent for an Inclusionary Unit shall be the greater of:

The purchase price or rent set forth in the Rent and Price Schedule in place on the date the original Certificate of Inclusionary Zoning Compliance is approved by DCRA for the Inclusionary Development in which the Inclusionary Unit is located; or

The purchase price or rent set forth in the Rent and Price Schedule in place on the date the Notice of Availability is received by DHCD for the Inclusionary Unit.

2207.3 The maximum purchase price for all subsequent sales of an Inclusionary Unit shall be the Maximum Resale Price determined by DHCD pursuant to § 2219.

2207.4 The maximum rent for all subsequent rentals shall be the rent set forth in the Rent and Price Schedule in place on the date that each such lease is executed, whether a renewing tenant or a new tenant. The maximum rent reflected in the Rent and Price Schedule is inclusive of Utilities.

2207.5 If the costs provided for an Inclusionary Unit described in § 2206.6(c) exceed by ten percent (10%) or more the cost assumptions in the applicable Rent and Price Schedule, DHCD may lower the maximum rent or purchase price to the extent needed to maintain the affordability standard set forth in § 103(a) of the Inclusionary Zoning Act (D.C. Official Code § 6-1041.03(a)) and this chapter.

2207.6 Within seven (7) days after receipt from DHCD of the maximum purchase price or rent for each Inclusionary Unit listed in the Notice of Availability, the Owner shall register the Inclusionary Unit for which the Notice of Availability was filed with the Housing Locator Website and notify DHCD in writing of such registration. DHCD shall not conduct a lottery for an Inclusionary Unit prior to receipt of such notification.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2207

14 DCMR § 2208 METHOD OF SELECTION OF HOUSEHOLDS

2208.1 Households may be selected for an Inclusionary Unit as follows:

Except as provided in §§ 2208.2 through 2208.3, a Household may be selected for the initial or subsequent sale and lease of an Inclusionary Unit through a lottery conducted pursuant to § 2211;

Subject to § 2211.4, the Owner may select a Household through a method established by the Owner in a marketing plan approved by DHCD; or

Subject to § 2211, an Inclusionary Unit Owner may sell a For Sale Inclusionary Unit to a Household registered pursuant to § 2209, or with approval from DHCD to any Household certified by DHCD or its designee as meeting the relevant MFI Level, with or without a District licensed real estate broker or salesperson.

2208.2 No lottery shall be conducted for the initial or subsequent sale or lease of an Inclusionary Unit if the Inclusionary Unit is to be:

Leased or sold to a household displaced from the Inclusionary Unit or the property before conversion to or building of the Inclusionary Development and entitled by law to return to the Inclusionary Unit;

Leased or sold as a replacement unit as part of the New Communities Initiative; or

Sold by an Inclusionary Unit Owner to the Inclusionary Unit Owner’s spouse, domestic partner, Parent, trust for the benefit of a child, child who is subject to a guardianship, or child who is eighteen (18) years of age or older, if the spouse, domestic partner, Parent, or child submits the information and documents required by § 2212.3(b).

2208.3 If an Inclusionary Unit is subject to a requirement imposed by law or zoning that a specific group, class or type of Household occupy the Inclusionary Unit, or if the Inclusionary Unit meets the accessibility guidelines under the Fair Housing Act (42 USC § 3601), the Household shall be selected for the initial or subsequent sale or lease through a method established by the Owner in a marketing plan that is approved by DHCD.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2208

14 DCMR § 2209 HOUSEHOLD REGISTRATION

2209.1 In order to be eligible to participate in the household selection process, a member of the Household shall:

Complete an Inclusionary Zoning Program orientation class conducted by DHCD or its designee; and

(b) Complete a registration application form with such information as DHCD deems necessary including, but not limited to, the Household size, income/MFI Level, and preference, if any, to rent or purchase.

2209.2 All Households shall initially be registered as being eligible to only rent Inclusionary Units. Households wishing to purchase an Inclusionary Unit shall complete a homeownership training program conducted by DHCD or its designee and once evidence of completion is provided to DHCD, the Household may choose to register to purchase only or to rent or purchase.

2209.3 The Inclusionary Zoning Program orientation class and homeownership training program shall each be valid for two (2) years and Households shall re-take each as needed in accordance with this § 2209 in order to remain in the Household selection process.

2209.4 Registration shall become effective on the date that DHCD:

Determines that the registration has been completed in compliance with this § 2209; and

Sends confirmation of such registration.

2209.5 Registration shall expire two (2) years after the registration confirmation date referred to in § 2209.4, unless renewed prior to expiration, by re-taking the orientation class and notifying DHCD of the Household’s intent to renew as required.

2209.6 A Full-Time Student shall not be eligible for the registration list unless they are Dependents of Parents or Guardians whose Household would otherwise meet the requirements for the Inclusionary Zoning Program.

2209.7 An application to renew a registration shall indicate any change in any information reported in the initial application and Households shall notify DHCD of changes to Household size and income as they occur.

2209.8 Each Household shall have only one (1) active registration. If a Household maintains multiple concurrent registrations, all registrations for the individuals in the Household may be nullified.

2209.9 A Household shall not assign or transfer its registration. The member of the Household completing the registration must be named in any Inclusionary Unit deed or lease.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2209

14 DCMR § 2210 INCLUSIONARY UNIT INITIAL NOTIFICATION

2210.1 If the Notice of Availability identifies a DHCD lottery as the chosen selection method or if the Notice of Availability identifies a marketing plan as the chosen selection method, but as of the date of the Notice of Availability no such marketing plan has been approved by DHCD, then the provisions of this § 2210 shall apply.

2210.2 Within seven (7) days after receipt of confirmation from the Owner of registration with the Housing Locator Website and verification by DHCD that the registration is done satisfactorily, DHCD shall notify registered Households meeting the Household size and Annual Income requirements of the availability of the Inclusionary Unit(s).

2210.3 To be considered in the household selection process for the Inclusionary Unit(s), Households with active registrations under § 2209 who receive the notification referred to in § 2210.2 shall confirm interest in the available Inclusionary Unit(s) by providing DHCD within seven (7) days after the notification, or such period as identified in the notification, a notice of the Household’s interest to rent or purchase the Inclusionary Unit(s) for which the Notice of Availability was filed, in such form as may be approved by DHCD.

2210.4 DHCD will place all Households meeting the income and Household size requirements and having complied with the requirements of § 2210.3 on one (1) of two (2) lists:

The District List, consisting of Households with at least one (1) household member who Lives in the District of Columbia or Works in the District of Columbia, and

The Miscellaneous List, consisting of Households that do not qualify to be placed on the District List.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2210

14 DCMR § 2211 INCLUSIONARY UNIT INITIAL NOTIFICATION

2210.4 DHCD will place all Households meeting the income and Household size requirements and having complied with the requirements of § 2210.3 on one (1) of two (2) lists:

The District List, consisting of Households with at least one (1) household member who Lives in the District of Columbia or Works in the District of Columbia, and

The Miscellaneous List, consisting of Households that do not qualify to be placed on the District List.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2210

14 DCMR § 2212 DISTRICT LOTTERY – NOTIFICATION TO HOUSEHOLDS AND OWNERS

2212.1 No later than seven (7) days after a lottery is held, DHCD shall provide to the Owner a written list of the Households selected pursuant to the lottery.

2212.2 No later than seven (7) days after a lottery is held, DHCD shall provide a written notice to each of the Households selected in the lottery of their selection and shall provide to each Household the address, unit type, and maximum rent or purchase price of the Inclusionary Unit for which the lottery was held and the means by which the Household may provide to the Owner the information required by § 2212.3 or § 2212.4.

2212.3 The notice provided pursuant to § 2212.2 for a For Sale Inclusionary Unit shall inform each Household that the Household shall provide the following, as applicable, to the Owner:

(a) Within ten (10) days after the date of the notice, a Household Interest Confirmation Form, as provided by DHCD;

(b) Within thirty (30) days after the date of the notice:

(1) A certificate of completion for the Inclusionary Zoning Program orientation class, or other acceptable confirmation of completion;

(2) A Declaration of Eligibility, as described in § 2214.2;

(3) A Certification of Income, Affordability, and Housing Size, as described in § 2214.3;

(4) A certificate of completion for the homeownership training program, or other acceptable confirmation of completion;

(5) A mortgage pre-approval letter, dated within the last six (6) months from a lender for the Inclusionary Unit for which the Household was selected;

(6) Any other documents requested by DHCD; and

(c) Within sixty (60) days after the date of the notice, an executed sales contract for the For Sale Inclusionary Unit and any other documents requested by DHCD.

2212.4 The notice provided pursuant to § 2212.2 for a Rental Inclusionary Unit shall inform each Household that the Household shall provide the following, as applicable, to the Owner:

(a) Within ten (10) days after the date of the notice, a Household Interest Confirmation Form, as provided by DHCD;

(b) Within thirty (30) days after the date of the notice:

(1) A certificate of completion for the Inclusionary Zoning Program orientation class, or other acceptable confirmation of completion;

(2) A Declaration of Eligibility, as described in § 2214.2;

(3) A Certification of Income, Affordability, and Housing Size, as described in § 2214.3;

(4) Any other documents requested by DHCD; and

(d) Any other documents requested by DHCD.

2212.5 A Household failing to meet a deadline set forth in § 2212.3 or § 2212.4 shall be immediately ineligible to purchase or rent the Inclusionary Unit(s) for which they have been selected, unless the Owner extends the deadline in writing.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2212

14 DCMR § 2213 DISTRICT LOTTERY — MARKETING OF INCLUSIONARY UNITS TO HOUSEHOLDS SELECTED PURSUANT TO THE LOTTERY

2213.1 The Owner shall market an Inclusionary Unit to each of the Households selected under § 2212.1, including, but not limited to, showings and providing other marketing information.

2213.2 The highest ranked Household to confirm interest pursuant to § 2212.3(a) or § 2212.4(a) shall have an exclusivity period of thirty (30) days after the date of the notice provided pursuant to § 2212.2 to lease or purchase the Inclusionary Unit. During this exclusivity period, the Owner may market the Inclusionary Unit to the other Households selected in the lottery, and those other Households may submit the documents required by § 2212, but only the highest ranked Household to confirm interest as described above may lease or purchase the Inclusionary Unit, subject to § 2213.3.

2213.3 If the highest ranked Household that has confirmed interest in the Inclusionary Unit pursuant to § 2212.3(a) or § 2212.4(a) declines to lease or purchase the Inclusionary Unit prior to expiration of the exclusivity period described in § 2213.2, the Household shall provide written notice to the Owner, on a form prescribed by DHCD or otherwise as approved by the Owner and DHCD. Such notice shall terminate the exclusivity period, whereupon other Households selected pursuant to § 2212.1 that have confirmed their interest pursuant to § 2212.3(a) or § 2212.4(a) shall be given the opportunity to lease or purchase the Inclusionary Unit, subject to § 2213.4.

2213.4 Upon receipt of the written notice referred to in § 2213.3 or upon expiration of the exclusivity period referred to in § 2213.2, if the highest ranked Household that has confirmed interest in the Inclusionary Unit pursuant to § 2212.3(a) or § 2212.4(a) does not lease or purchase the Inclusionary Unit, the Households selected pursuant to § 2212.1 that have confirmed interest in the Inclusionary Unit pursuant to § 2212.3(a) or § 2212.4(a), have submitted the documents and information required by § 2212.3(b) or § 2212.4(b) and also meet the Owner’s non-income based rental or sale criteria shall be given the opportunity to lease or purchase the Inclusionary Unit, subject to § 2213.5.

2213.5 If the highest ranked Household that has confirmed interest in the Inclusionary Unit does not lease or purchase the Inclusionary Unit, the Households that submitted the documents and information required by §§ 2212.3(a) and (b) or §§ 2212.4(a) and (b) within the thirty (30) day exclusivity period shall be given the opportunity to lease or purchase the Inclusionary Unit, based on their ranking in the lottery selection. No such Household will be given an exclusivity period.

2213.6 If more than one (1) Household has submitted the documents and information required by § 2212.3(b) or § 2212.4(b) on the same day, but after the thirty (30) day exclusivity period, then the Household which has been on the registration list the longest will have priority to lease or purchase the Inclusionary Unit.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2213

14 DCMR § 2214 VERIFICATION OF HOUSEHOLD ELIGIBILITY; REQUIRED CERTIFICATIONS

2214.1 Except as set forth in § 2208.2(a), an Owner shall sell or rent an Inclusionary Unit only to a Household which:

(a) Has been certified as an Eligible Household by a Certifying Entity, as evidenced by a Certification of Income, Affordability, and Housing Size, that complies with the requirements of this § 2214, and

(b) Has executed and provided a Declaration of Eligibility that complies with the requirements of this § 2214.

2214.2 A Declaration of Eligibility required by this section shall be made on a form prescribed by DHCD and shall include a notarized statement sworn under penalty of perjury by all members of the Household who are at least eighteen (18) years of age that:

(a) The Certification of Income, Affordability, and Housing Size provided to the Owner was obtained from a Certifying Entity;

(b) The Household provided accurate and complete information to the Certifying Entity;

(d) No member of the Household has an ownership interest in any other housing or the member will divest such interest before closing on the purchase of, or signing the lease for, the Inclusionary Unit and present evidence to DHCD confirming divestment;

(e) If a For Sale Inclusionary Unit, at least one (1) member of the Household who is at least eighteen (18) years of age satisfactorily completed an Inclusionary Zoning Program homeownership training program approved by DHCD and evidence of such satisfactory completion is attached to the Declaration of Eligibility;

(f) At least one (1) member of the Household who is at least eighteen (18) years of age satisfactorily completed an Inclusionary Zoning Program orientation class approved by DHCD and evidence of such satisfactory completion is attached to the Declaration of Eligibility;

(g) The Household has received a copy of the Inclusionary Development Covenant and understands its rights and obligations thereunder;

(h) If a Rental Inclusionary Unit, the Household has received a copy of the lease rider and understands its rights and obligations thereunder; and

(i) Any other representations required by DHCD as part of the form.

2214.3 A Certification of Income, Affordability, and Housing Size required by this § 2214 shall be made on a form prescribed by DHCD and signed by an authorized representative of a Certifying Entity, certifying:

(a) The Household’s Annual Income;

(b) The Household’s Annual Income as a percentage of MFI;

(d) That the Household’s size meets the size requirements applicable to the Inclusionary Unit under § 2214.4 upon initial occupancy only;

(e) For a For Sale Inclusionary Unit, that the Household has been advised of the recommendation from DHCD that it should not expend more than forty-one percent (41%) and confirms that it will not expend more than fifty percent (50%) of its Annual Income on mortgage payments, Insurance, real property taxes, Utilities and condominium and homeowner association fees for the applicable Inclusionary Unit;

(f) For a Rental Inclusionary Unit, that the Household has been advised of the recommendation from DHCD that it should not expend more than thirty-eight percent (38%) and confirms that it will not expend more than fifty percent (50%) of its Annual Income on rent and Utilities; and

(g) Any other information or certifications required by DHCD.

2214.4 Unit size eligibility shall be determined based upon the following standards, regardless of the number of bathrooms or the existence of dens or other rooms that are not Bedrooms:

Unit Size (Bedroom)

Minimum Number of Persons in Unit

Studio (0)

2214.5 A Certifying Entity shall finalize its review of the information in § 2214.3 and notify the Household within ten (10) days after receipt of all required information and documentation.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2214

14 DCMR § 2215 CERTIFYING ENTITY

2215.1 A Household shall obtain, and an Owner shall accept, a Certification of Income, Affordability, and Housing Size only from a Certifying Entity.

2215.2 DHCD may approve a Certifying Entity pursuant to a request for proposals process or through an application process.

2215.3 DHCD shall approve a Certifying Entity based on the entity’s experience in successfully implementing activities similar to those described in § 2215.4, the capacity and experience of the entity’s staff and management, and any other factors DHCD deems relevant.

2215.4 A Certifying Entity shall be responsible for:

(a) Verifying a Household’s Annual Income;

(b) Verifying a Household’s size;

(c) Verifying that the rent or purchase price of an Inclusionary Unit is affordable to the Household, as indicated in § 2214.3(e) or (f);

(d) Reporting data to DHCD;

(e) Compliance with relevant regulations; and

(f) Any other activities required by DHCD.

2215.5 Community based organizations under contract with DCHD shall be Certifying Entities and in addition to the responsibilities in § 2215.4, shall also counsel and train Households on the Inclusionary Zoning program.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2215

14 DCMR § 2216 CLOSING AND LEASE SIGNING PROCEDURES

2216.1 Prior to closing, the Owner shall attach the following as an exhibit to the deed conveying a For Sale Inclusionary Unit:

(a) The Declaration(s) of Eligibility provided to the Owner by the Eligible Household purchasing the Inclusionary Unit; or

(b) Such portions of the document designated by DHCD.

2216.2 The Owner shall include the following statement in twelve (12) point or larger type, in all capital letters, on the front page of the deed:

THIS DEED IS DELIVERED AND ACCEPTED SUBJECT TO THE PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN INCLUSIONARY DEVELOPMENT COVENANT, DATED AS OF _________, 20, RECORDED AMONG THE LAND RECORDS OF THE DISTRICT OF COLUMBIA AS INSTRUMENT NUMBER _______________, ON _______________ 20, WHICH AMONG OTHER THINGS IMPOSES RESTRICTIONS ON THE SALE AND CONVEYANCE OF THE SUBJECT PROPERTY.

2216.3 Within seventeen (17) days after closing, the new Inclusionary Unit Owner shall provide DHCD with a fully signed copy of the Closing Disclosure and a copy of the new deed (including the Declaration of Eligibility).

2216.4 Prior to the signing of each lease or sales contract, the Owner shall provide a copy of the Inclusionary Development Covenant to the Eligible Household.

2216.5 A lease rider shall be attached to the lease agreement for each Rental Inclusionary Unit. The lease rider shall contain, but shall not be limited to, the following terms:

(a) The Tenant shall provide a Certification of Income, Affordability, and Housing Size in accordance with § 2214.3;

(b) The Tenant shall provide a Declaration of Eligibility in accordance with § 2214.2;

(c) The Tenant shall annually confirm eligibility for the Inclusionary Unit based on the Annual Income requirements and § 2217.6;

(d) The Tenant shall provide the information and documents required by § 2217.1 within the time period specified;

(e) The Inclusionary Unit shall be the principal residence of all Household members who occupy the Inclusionary Unit;

(f) The Tenant shall confirm receipt and acknowledgment of the Inclusionary Development Covenant; and

(g) The Tenant shall not make intentional misrepresentations to DHCD or the Certifying Entity.

2216.6 Within thirty (30) days after the signing of each lease, the Inclusionary Development Owner shall provide DHCD with a fully signed copy of each lease, including a copy of the lease rider and the Declaration of Eligibility.

2216.7 All members of the Household who are eighteen (18) years of age or older shall sign the lease and lease rider.

2216.8 Once a Household signs a lease for a Rental Inclusionary Unit or closes on the purchase of a For Sale Inclusionary Unit, that Household will be removed from the registration list. The Household may re-register pursuant to § 2209.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2216

14 DCMR § 2217 RESPONSIBILITIES OF RENTAL INCLUSIONARY DEVELOPMENT OWNERS AND TENANTS

2217.1 No later than sixty (60) days before each anniversary of the first day of the lease, an Eligible Household leasing a Rental Inclusionary Unit shall submit to the Inclusionary Development Owner the following information and documents on or with such form as may be prescribed by DHCD:

(a) A statement as to whether the Tenant intends to renew the lease or vacate the Inclusionary Unit; and

(b) If the Tenant states that he or she intends to renew the lease:

(1) The names and ages of each person residing in the unit;

(2) A Certification of Income, Affordability, and Housing Size that meets the requirements of § 2214.3; and

(3) A Declaration of Eligibility that meets the requirements of § 2214.2.

2217.2 The Owner may, in the Owner’s discretion, extend the deadline established by § 2217.1 in writing provided that the deadline shall not be extended beyond the last day of the Tenant’s lease.

2217.3 If a Tenant is in violation of a lease agreement or rider, the Inclusionary Development Owner may provide to the Tenant a notice to vacate in accordance with D.C. Official Code § 42-3505.01(b), as may be amended.

2217.4 If a notice to vacate is provided pursuant to § 2217.3, the Inclusionary Development Owner may permit the Household to continue to occupy the unit at the current rent for no more than six (6) months after the Inclusionary Development Owner provides to the Tenant the notice to vacate. Acceptance of rent during this period will not constitute a waiver of the violation of the lease or another obligation of tenancy or void the notice to vacate.

2217.5 The Inclusionary Development Owner shall not require payment of rent that is greater than the maximum allowable rent determined in accordance with §§ 2207.2 and 2207.4.

2217.6 At annual recertification, if an Eligible Household’s Annual Income is less than or equal to one hundred forty percent (140%) of the higher of

(a) The then-current maximum Annual Income; or

(b) The maximum Annual Income at the time of initial lease execution

for the Inclusionary Unit, the Eligible Household shall be considered income eligible and may remain in the Inclusionary Unit, continuing to pay the amount of rent associated with the MFI Level of that Inclusionary Unit.

2217.7 At annual recertification, if an Eligible Household’s Annual Income is greater than one hundred forty percent (140%) of the higher of

(a) The then-current maximum Annual Income; or

(b) The maximum Annual Income at the time of initial lease execution for the Inclusionary Unit, the Household is no longer income eligible for the original MFI Level of the Inclusionary Unit.

2217.8 If a Household is no longer income eligible for the original MFI Level of the Inclusionary Unit, as described in § 2217.7, and the Inclusionary Development has Inclusionary Units with higher MFI Levels, and if the Household would qualify for such higher MFI Level Inclusionary Unit, the existing Inclusionary Unit may be re-designated as a higher MFI Level Inclusionary Unit, allowing the Household to remain in the same Inclusionary Unit. However, the original mix of MFI Levels must be restored within the Inclusionary Development as soon as possible, so the property manager should re-designate a new unit with the same number of Bedrooms to replace the lower MFI Level Inclusionary Unit that was re-designated when one becomes available. The property manager or Inclusionary Development Owner must notify DHCD in writing that a re-designation is necessary as soon as it is determined and identify the unit to be re-designated.

2217.9 If a Household is no longer income eligible for the original MFI Level of the Inclusionary Unit, as described in § 2217.7, and the Inclusionary Development does not have Inclusionary Units with higher MFI Levels for which the Household qualifies, the Household may remain in the Inclusionary Unit if the Household agrees to pay market rate rent. In such case, the Inclusionary Unit may be re-designated as a Market Rate Unit, allowing the Household to remain in the same unit. However, the original mix of MFI Levels must be restored within the Inclusionary Development as soon as possible, so the property manager should re-designate a new unit with the same number of Bedrooms to replace the Inclusionary Unit that was re-designated when one becomes available. The property manager or Inclusionary Development Owner must notify DHCD in writing that a re-designation is necessary as soon as it is determined and identify the unit to be re-designated.

2217.10 Annually within fifteen (15) days after the anniversary of the first lease agreement for an Inclusionary Unit in a Rental Inclusionary Development, the Inclusionary Development Owner shall submit a report to DHCD setting forth the following information for the entire Rental Inclusionary Development:

(a) The number of Rental Inclusionary Units, by Bedroom count, that are occupied;

(b) The number of Rental Inclusionary Units, by Bedroom count, that were vacated during the previous twelve (12) months;

(c) For each Rental Inclusionary Unit vacated during the previous twelve (12) months, the unit number of the unit that was vacated, the number of days the unit was vacant (or a statement that the unit is still vacant), and the date on which a Notice of Availability was provided to DHCD pursuant to § 2206, if applicable;

(d) For each occupied Rental Inclusionary Unit, the names of all occupants, whether each occupant is over or under the age of eighteen (18), the Household size, and the Household’s Annual Income as of the date of the most recent Certification of Income, Affordability, and Housing Size;

(e) A sworn statement that to the best of the Inclusionary Development Owner’s information and knowledge, the Annual Income of each Eligible Household occupying each Rental Inclusionary Unit complies with the income limits applicable to the Rental Inclusionary Unit;

(f) A copy of each new and revised Certification of Income, Affordability, and Housing Size provided in accordance with § 2214.3 or § 2217.1;

(g) A copy of each new and revised Declaration of Eligibility provided in accordance with § 2214.2 or § 2217.1;

(h) A copy of each lease signed in the preceding year;

(i) A certification that for each Rental Inclusionary Unit that became available over the course of the reporting year Households were selected to occupy the Rental Inclusionary Units pursuant to a lottery or the approved marketing plan; and

(j) Which, if any, units were re-designated and to which MFI level or to market rate.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2217

14 DCMR § 2218 RESPONSIBILITIES OF INCLUSIONARY UNIT OWNERS

2218.1 Annually on the anniversary of the closing date for a For Sale Inclusionary Unit, the Inclusionary Unit Owner shall submit to DHCD a certification on such form as may be prescribed by DHCD of continued unit occupancy as the For Sale Inclusionary Unit Owner’s principal residence.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2218

14 DCMR § 2219 DETERMINATION OF MAXIMUM RESALE PRICE

2219.1 The Maximum Resale Price (“MRP”) shall be equal to the greater of:

(a) The original purchase price during the first year of ownership, or (for all subsequent years) the Maximum Resale Price of the previous year, multiplied by the annual rate of change in the MFI over a ten year period starting with the first MFI published by HUD after the purchase of the Inclusionary Unit by the Inclusionary Unit Owner. The resulting formula for the new Maximum Resale Price in any given year “n” is therefore MRPn = MRPn-1 + (MRPn-1 x Fn) (“Formula”), where:

(1) n = is the current MFI year starting from the most recent publication of the MFI by HUD; and

(2) Fn = the rate of appreciation of the current MFI of any given year “n.” Fn is calculated by determining the ten year compounded annual growth rate of the MFI; or

(b) The maximum purchase price for the same unit type from the current published Maximum Price and Purchase Schedule as of the date of the Notice of Availability.

2219.2 Upon the submission of a Notice of Availability by an Inclusionary Unit Owner to DHCD, the Maximum Resale Price may be adjusted for the value of all the Eligible Capital Improvements and Eligible Replacement and Repair Costs made to the property during that Inclusionary Unit Owner’s ownership of the Inclusionary Unit to the extent they are permanent in nature and add to the market value of the property at the percentage of cost indicated:

(a) Eligible Capital Improvements, which shall be valued at one hundred percent (100%) of reasonable cost, as determined by DHCD, and

(b) Eligible Replacement and Repair Costs, which shall be valued at fifty percent (50%) of reasonable cost, as determined by DHCD.

2219.3 The Owner of a For Sale Inclusionary Unit subject to an Inclusionary Development Covenant recorded prior to the effective date of these regulations may choose to be subject to the terms of § 2219.1 effective as of

(a) The recordation date of the Inclusionary Development Covenant; or

(b) The date of submission of the Notice of Availability, depending on which time will result in a higher Maximum Resale Price.

2219.4 Ineligible Costs shall not be considered in determining the value of Eligible Capital Improvements and Eligible Replacement and Repair Costs.

2219.5 The value of improvements may be determined by DHCD based upon documentation provided by the Inclusionary Unit Owner or, if not provided, upon a standard value established by DHCD.

2219.6 DHCD may disallow an Eligible Capital Improvement or Eligible Replacement and Repair Cost if DHCD finds that the improvement diminished or did not increase the fair market value of the Inclusionary Unit.

2219.7 DHCD may reduce the value of an improvement claimed by the Inclusionary Unit Owner if there is evidence of abnormal physical deterioration of, or abnormal wear and tear to, the improvement.

2219.8 The Owner shall permit a representative of DHCD to inspect the Inclusionary Unit upon request to verify the existence and value of any improvements that are claimed by the Inclusionary Unit Owner.

2219.9 An allowance may be made in the Maximum Resale Price for the payment of legal fees, closing costs (including, but not limited to, title insurance and filing fees) and real estate broker or salesperson fees associated with the sale of the Inclusionary Unit if written approval is obtained from DHCD.

2219.10 The value of personal property transferred to a purchaser in connection with the resale of a For Sale Inclusionary Unit shall not be considered part of the sales price of the For Sale Inclusionary Unit for the purposes of determining whether the sales price of the For Sale Inclusionary Unit exceeds the Maximum Resale Price.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9296 (December 11, 2009); as amended by Final Rulemaking published at 64 DCR 13582 (December 29, 2017). District of Columbia Municipal Regulations Housing 14 DCMR § 2219

14 DCMR § 2220 DETERMINATION OF MAXIMUM RESALE PRICE