From f3c26eb57accc5246fc3f0b4cf44cf11519b3bfd Mon Sep 17 00:00:00 2001 From: oll-bot Date: Tue, 25 Jul 2017 22:05:15 +0000 Subject: [PATCH] deploy HTML from dc-law-xml-codified build 1.0.384 --- .../code/titles/42/chapters/35/index.html | 28 +++++++++-------- .../42/chapters/35/subchapters/V-A/index.html | 30 ++++++++++--------- index.bulk | 4 +-- version.txt | 6 ++-- 4 files changed, 36 insertions(+), 32 deletions(-) diff --git a/dc/council/code/titles/42/chapters/35/index.html b/dc/council/code/titles/42/chapters/35/index.html index 1afc0c4d68b3..da48514eb833 100644 --- a/dc/council/code/titles/42/chapters/35/index.html +++ b/dc/council/code/titles/42/chapters/35/index.html @@ -1939,25 +1939,27 @@

Effect of Amendments

Subchapter V-A. Payment of Rent Beyond 5 Days After Due Date.

-

§ 42–3505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due.

+

§ 42–3505.31. Access by housing provider to dwelling unit.

-

(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant.

-

(b) A housing provider may only charge a late fee:

-

(1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and

-

(2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due.

-

(c) A housing provider shall not:

-

(1) Charge interest on a late fee;

-

(2) Deduct any amount of a late fee from a subsequent rent payment;

-

(3) Impose a late fee more than one time on each late payment;

-

(4) Evict a tenant on the basis of the nonpayment of a late fee; or

-

(5) Impose a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather that the tenant, is responsible for paying.

-

(d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider.

+

(a) For the purposes of this section, the term:

+

(1) "Reasonable notice" means written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter the unit or a shorter period of time as agreed to by the tenant in writing. Written notice may include electronic communication, including email and mobile text messaging; provided, that if the tenant fails to furnish a written acknowledgement, the housing provider will provide a paper notice.

+

(2) "Reasonable purpose" means a purpose that is directly related to the housing provider's:

+

(A) Duty to keep the entire property safe from damage;

+

(B) Duty to inspect the premises;

+

(C) Duty to make necessary or agreed repairs, decorations, alterations, renovations, or improvements;

+

(D) Duty to supply necessary or agreed services and maintenance;

+

(E) Need to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; or

+

(F) Need to gain entry for work ordered by a governmental entity.

+

(3) "Reasonable time" means a time between the hours of 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, or at another time agreed upon by the tenant.

+

(b)(1) Except in the event of an emergency for the protection or preservation of the premises, or for the protection and safety of the tenants or other persons, a housing provider may enter a rental unit during a tenancy only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice.

+

(2) Upon a showing by the tenant that the housing provider has entered a unit in violation of this section, or has repeatedly made unreasonable demands for entry, any court of competent jurisdiction may enjoin the housing provider from that behavior and may assess appropriate damages against the housing provider for breach of the tenant's right to quiet enjoyment of the premises.

+

(3) Upon the allegation of a housing code violation by a tenant, a tenant may not unreasonably prevent the housing provider from accessing the unit for assessment and abatement of the alleged violation and must provide access to the unit within 48 hours of the written request by the housing provider for access.


- (July 17, 1985, D.C. Law 6-10, § 531; as added December 8, 2016, D.C. Law 21-172, § 2(b), 63 DCR 12959.) + (February 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)

diff --git a/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html b/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html index e45b994e4ae6..597954bb65cd 100644 --- a/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html +++ b/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html @@ -88,29 +88,31 @@

Current through April 7, 2017

Subchapter V-A. Payment of Rent Beyond 5 Days After Due Date.

- § 42–3505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due. + § 42–3505.31. Access by housing provider to dwelling unit.
-

§ 42–3505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due.

+

§ 42–3505.31. Access by housing provider to dwelling unit.

-

(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant.

-

(b) A housing provider may only charge a late fee:

-

(1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and

-

(2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due.

-

(c) A housing provider shall not:

-

(1) Charge interest on a late fee;

-

(2) Deduct any amount of a late fee from a subsequent rent payment;

-

(3) Impose a late fee more than one time on each late payment;

-

(4) Evict a tenant on the basis of the nonpayment of a late fee; or

-

(5) Impose a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather that the tenant, is responsible for paying.

-

(d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider.

+

(a) For the purposes of this section, the term:

+

(1) "Reasonable notice" means written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter the unit or a shorter period of time as agreed to by the tenant in writing. Written notice may include electronic communication, including email and mobile text messaging; provided, that if the tenant fails to furnish a written acknowledgement, the housing provider will provide a paper notice.

+

(2) "Reasonable purpose" means a purpose that is directly related to the housing provider's:

+

(A) Duty to keep the entire property safe from damage;

+

(B) Duty to inspect the premises;

+

(C) Duty to make necessary or agreed repairs, decorations, alterations, renovations, or improvements;

+

(D) Duty to supply necessary or agreed services and maintenance;

+

(E) Need to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; or

+

(F) Need to gain entry for work ordered by a governmental entity.

+

(3) "Reasonable time" means a time between the hours of 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, or at another time agreed upon by the tenant.

+

(b)(1) Except in the event of an emergency for the protection or preservation of the premises, or for the protection and safety of the tenants or other persons, a housing provider may enter a rental unit during a tenancy only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice.

+

(2) Upon a showing by the tenant that the housing provider has entered a unit in violation of this section, or has repeatedly made unreasonable demands for entry, any court of competent jurisdiction may enjoin the housing provider from that behavior and may assess appropriate damages against the housing provider for breach of the tenant's right to quiet enjoyment of the premises.

+

(3) Upon the allegation of a housing code violation by a tenant, a tenant may not unreasonably prevent the housing provider from accessing the unit for assessment and abatement of the alleged violation and must provide access to the unit within 48 hours of the written request by the housing provider for access.


- (July 17, 1985, D.C. Law 6-10, § 531; as added December 8, 2016, D.C. Law 21-172, § 2(b), 63 DCR 12959.) + (February 18, 2017, D.C. Law 21-210, § 2(d), 63 DCR 15302.)

diff --git a/index.bulk b/index.bulk index 94b67b8d1732..48fccc72a73a 100644 --- a/index.bulk +++ b/index.bulk @@ -5403,7 +5403,7 @@ {"index": {"_id": "/dc/council/code/titles/42/chapters/35/subchapters/V/index.html", "_index": "dc", "_type": "page"}} {"body": "\u00a7 42\u20133505.01. Evictions. \u00a7 42\u20133505.02. Retaliatory action. \u00a7 42\u20133505.03. Conciliation and arbitration service. \u00a7 42\u20133505.04. Arbitration. \u00a7 42\u20133505.05. Prohibition of discrimination against elderly tenants or families with children. \u00a7 42\u20133505.06. Right of tenants to organize. \u00a7 42\u20133505.07. Notice of lease termination by tenant who is a victim of an intrafamily offense. \u00a7 42\u20133505.08. Victims of an intrafamily offense protection \u2014 Change locks and notice.", "num": "V", "title": "Subchapter V. Evictions; Retaliatory Action; and Other Matters.", "url": "/dc/council/code/titles/42/chapters/35/subchapters/V/index.html"} {"index": {"_id": "/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html", "_index": "dc", "_type": "page"}} -{"body": "\u00a7 42\u20133505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due.", "num": "V-A", "title": "Subchapter V-A. Payment of Rent Beyond 5 Days After Due Date.", "url": "/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html"} +{"body": "\u00a7 42\u20133505.31. Access by housing provider to dwelling unit.", "num": "V-A", "title": "Subchapter V-A. Payment of Rent Beyond 5 Days After Due Date.", "url": "/dc/council/code/titles/42/chapters/35/subchapters/V-A/index.html"} {"index": {"_id": "/dc/council/code/titles/42/chapters/35/subchapters/V-B/index.html", "_index": "dc", "_type": "page"}} {"body": "\u00a7 42\u20133505.31. Access by housing provider to dwelling unit. \u00a7 42\u20133505.32. Housing provider duty to mitigate damages after breach of the rental agreement by tenant. \u00a7 42\u20133505.33. Notice of tenant's intent to vacate upon the expiration of an initial lease term. \u00a7 42\u20133505.34. Notice of tenant's intent to vacate after the expiration of the signed lease term, renewal or extension term. \u00a7 42\u20133505.35. Housing provider's consent before subletting.", "num": "V-B", "title": "Subchapter V-B. Other Housing Provider Actions During Tenancies.", "url": "/dc/council/code/titles/42/chapters/35/subchapters/V-B/index.html"} {"index": {"_id": "/dc/council/code/titles/42/chapters/35/subchapters/VI/index.html", "_index": "dc", "_type": "page"}} @@ -10999,7 +10999,7 @@ {"index": {"_id": "/dc/council/code/sections/42-3505.01.html", "_index": "dc", "_type": "page"}} {"body": "(a) Except as provided in this section, no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant\u2019s lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for an eviction. No tenant shall be evicted from a rental unit for any reason other than for nonpayment of rent unless the tenant has been served with a written notice to vacate which meets the requirements of this section. Notices to vacate for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator. All notices to vacate shall contain a statement detailing the reasons for the eviction, and if the housing accommodation is required to be registered by this chapter, a statement that the housing accommodation is registered with the Rent Administrator. (b) A housing provider may recover possession of a rental unit where the tenant is violating an obligation of tenancy and fails to correct the violation within 30 days after receiving from the housing provider a notice to correct the violation or vacate. (c) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate. The tenant may be evicted only if the tenant knew or should have known that an illegal act was taking place. (c-1) (1) It shall be a defense to an action for possession under subsections (b) or (c) of this section that the tenant is a victim, or is the parent or guardian of a minor victim, of an intrafamily offense or actions relating to an intrafamily offense, as defined in \u00a7 16-1001 (8), if the Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are the basis for the notice to vacate. (2) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary or civil protection order ordering the respondent to vacate the home, the court shall not enter a judgment for possession. (3) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant provides to the court a copy of a police report written within the preceding 60 days or has filed for but has not received a temporary or civil protection order ordering the respondent to vacate the home, the court shall have the discretion not to enter a judgment for possession under this subchapter. (d) A natural person with a freehold interest in the rental unit may recover possession of a rental unit where the person seeks in good faith to recover possession of the rental unit for the person\u2019s immediate and personal use and occupancy as a dwelling. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of action to recover possession of the rental unit in instances arising under this subsection. No housing provider shall demand or receive rent for any rental unit which the housing provider has repossessed under this subsection during the 12-month period beginning on the date the housing provider recovered possession of the rental unit. A stockholder of a cooperative housing association with a right of possession in a rental unit may exercise the rights of a natural person with a freehold interest under this subsection. (e) A housing provider may recover possession of a rental unit where the housing provider has in good faith contracted in writing to sell the rental unit or the housing accommodation in which the unit is located for the immediate and personal use and occupancy by another person, so long as the housing provider has notified the tenant in writing of the tenant\u2019s right and opportunity to purchase as provided in Chapter 34 of this title. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of the housing provider\u2019s action to recover possession of the rental unit. No person shall demand or receive rent for any rental unit which has been repossessed under this subsection during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider. (f) (1) (A) A housing provider may recover possession of a rental unit for the immediate purpose of making alterations or renovations to the rental unit which cannot safely or reasonably be accomplished while the rental unit is occupied, so long as: (i) The plans for the alterations or renovations have been filed with the Rent Administrator and the Chief Tenant Advocate; (ii) The tenant has had 21 days after receiving notice of the application to submit to the Rent Administrator and to the Chief Tenant Advocate comments on the impact that an approved application would have on the tenant or any household member, and on any statement made in the application; (iii) An inspector from the Department of Consumer and Regulatory Affairs has inspected the housing accommodation for the accuracy of material statements in the application and has reported his or her findings to the Rent Administrator and the Chief Tenant Advocate; (iv) On or before the filing of the application, the housing provider has given the tenant: (I) Notice of the application; (II) Notice of all tenant rights; (III) A list of sources of technical assistance as published in the District of Columbia Register by the Mayor; (IV) A summary of the plan for the alterations and renovations to be made; and (V) Notice that the plan in its entirety is on file and available for review at the office of the Rent Administrator, at the office of the Chief Tenant Advocate, and at the rental office of the housing provider; and (v) The Rent Administrator, in consultation with the Chief Tenant Advocate, has determined in writing: (I) That the proposed alterations and renovations cannot safely or reasonably be made while the rental unit is occupied; (II) Whether the alterations and renovations are necessary to bring the rental unit into compliance with the housing code and the tenant shall have the right to reoccupy the rental unit at the same rent; and (III) That the proposal is in the interest of each affected tenant after considering the physical condition of the rental unit or the housing accommodation and the overall impact of relocation on the tenant. (B) As part of the application under this subsection, a housing provider shall submit to the Rent Administrator for review and approval, and to the Chief Tenant Advocate, the following plans and documents: (i) A detailed statement setting forth why the alterations and renovations are necessary and why they cannot safely or reasonably be accomplished while the rental unit is occupied; (ii) A copy of the notice that the housing provider has circulated informing the tenant of the application under this subsection; (iii) A draft of the notice to vacate to be issued to the tenant if the application is approved by the Rent Administrator; (iv) A timetable for all aspects of the plan for alterations and renovations, including: (I) The relocation of the tenant from the rental unit and back into the rental unit; (II) The commencement of the work, which shall be within a reasonable period of time, not to exceed 120 days, after the tenant has vacated the rental unit; (III) The completion of the work; and (IV) The housing provider\u2019s submission to the Rent Administrator and the Chief Tenant Advocate of periodic progress reports, which shall be due at least once every 60 days until the work is complete and the tenant is notified that the rent unit is ready to be reoccupied; (v) A relocation plan for each tenant that provides: (I) The amount of the relocation assistance payment for each unit; (II) A specific plan for relocating each tenant to another unit in the housing accommodation or in a complex or set of buildings of which the housing accommodation is a part, or, if the housing provider states that relocation within the same building or complex is not practicable, the reasons for the statement; (III) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) of this sub-subparagraph is not practicable, a list of units within the housing provider\u2019s portfolio of rental accommodations made available to each dispossessed tenant, or, where the housing provider asserts that relocation within the housing provider\u2019s portfolio of rental accommodations is not practicable, the justification for such assertion; (IV) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) or (III) of this sub-subparagraph is not practicable, a list for each tenant affected by the relocation plan of at least 3 other rental units available to rent in a housing accommodation in the District of Columbia, each of which shall be comparable to the rental unit in which the tenant currently lives; and (V) A list of tenants with their current addresses and telephone numbers. (C) The Chief Tenant Advocate, in consultation with the Rent Administrator, shall: (i) Within 5 days of receipt of the application, issue a notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant stating that the tenant: (I) Has the right to review or obtain a copy of the application, including all supporting documentation, at the rental office of the housing provider, the Office of the Chief Tenant Advocate, or the office of the Rent Administrator; (II) Shall have 21 days in which to file with the Rent Administrator and serve on the housing provider comments upon any statement made in the application, and on the impact an approved application would have on the tenant or any household member; and (III) May consult the Office of the Chief Tenant Advocate with respect to ascertaining the tenant\u2019s legal rights, responding to the application or to any ancillary offer made by the housing provider, or otherwise safeguarding the tenant\u2019s interests; (ii) At any time prior to or subsequent to the Rent Administrator\u2019s approval of the application, make such inquiries as the Chief Tenant Advocate considers appropriate to determine whether the housing provider has complied with the requirements of this subsection and whether the interests of the tenants are being protected, and shall promptly report any findings to the Rent Administrator; and (iii) Upon the Rent Administrator\u2019s approval of the application: (I) Maintain a registry of the affected tenants, including their subsequent interim addresses; and (II) Issue a written notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant that notifies the tenant of the right to maintain his or her tenancy and the need to keep the Chief Tenant Advocate informed of interim addresses; (D) The housing provider shall serve on the tenant a 120-day notice to vacate prior to the filing of an action to recover possession of the rental unit that shall: (i) Notify the tenant of the tenant\u2019s rights under this subsection, including the absolute right to reoccupy the rental unit, the right to reoccupy the rental unit at the same rate if the Rent Administrator has determined that the alterations or renovations are necessary to bring the rental unit into substantial compliance with the housing regulations, and the right to relocation assistance under the provisions of subchapter VII of this chapter; (ii) Include a list of sources of technical assistance as published in the District of Columbia Register by the Mayor; and (iii) Include a copy of the notice issued by the Chief Tenant Advocate pursuant to paragraph (1)(C)(iii)(II) of this subsection. (E) Within 5 days of the completion of alterations and renovations, the housing provider shall provide notice, by registered mail, return receipt requested, to the tenant, the Rent Administrator, and the Chief Tenant Advocate that the rental unit is ready to be occupied by the tenant. (F) Any notice required by this section to be issued to the tenant by the housing provider, the Rent Administrator, or the Chief Tenant Advocate shall be published in the languages as would be required by \u00a7 2-1933 (a). (2) Immediately upon completion of the proposed alterations or renovations, the tenant shall have the absolute right to reoccupy the rental unit. A tenant displaced by actions under this subsection shall continue to be a tenant of the rental unit as defined in \u00a7 42-3401.03 (17), for purposes of rights and remedies under Chapter 34 of this title, until the tenant has waived his or her rights in writing. Until the tenant\u2019s right to reoccupy the rental unit has terminated, the housing provider shall serve on the tenant any notice or other document regarding the rental unit as required by any provision of Chapter 34 of this title, this chapter, or any other law or regulation, except that service shall be made by first-class mail at the address identified as the tenant\u2019s interim address pursuant to paragraph (1)(C)(iii) of this subsection. (3) Where the renovations or alterations are necessary to bring the rental unit into substantial compliance with the housing regulations, the tenant may rerent at the same rent and under the same obligations that were in effect at the time the tenant was dispossessed, if the renovations or alterations were not made necessary by the negligent or malicious conduct of the tenant. (4) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (5) Prior to the date that the tenant vacates the unit, the Rent Administrator shall rescind the approval of any application under this subsection upon determining that the housing provider has not complied with this subsection. (6) If, after the tenant has vacated the unit, the housing provider fails to comply with the provisions of this subsection, the aggrieved tenant or a tenant organization authorized by the tenant may seek enforcement of any right or provision under this subsection by an action in law or equity. If the aggrieved tenant or tenant organization prevails, the aggrieved tenant or tenant organization shall be entitled to reasonable attorney\u2019s fees. In an equitable action, bond requirements shall be waived to the extent permissible under law or court rule. (g) (1) A housing provider may recover possession of a rental unit for the purpose of immediately demolishing the housing accommodation in which the rental unit is located and replacing it with new construction, if a copy of the demolition permit has been filed with the Rent Administrator, and, if the requirements of subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 180-day notice to vacate in advance of action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant\u2019s right to relocation assistance under the provisions of subchapter VII of this chapter. (2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (h) (1) A housing provider may recover possession of a rental unit for the purpose of immediate, substantial rehabilitation of the housing accommodation if the requirements of \u00a7 42-3502.14 and subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 120-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant\u2019s right to relocation assistance under subchapter VII of this chapter. (2) Any tenant displaced from a rental unit by the substantial rehabilitation of the housing accommodation in which the rental unit is located shall have a right to rerent the rental unit immediately upon the completion of the substantial rehabilitation. (3) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (i) (1) A housing provider may recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit so long as: (A) The housing provider serves on the tenant a 180-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant\u2019s right to relocation assistance under the provisions of subchapter VII of this chapter; (B) The housing provider shall not cause the housing accommodation, of which the unit is a part, to be substantially rehabilitated for a continuous 12-month period beginning from the date that the use is discontinued under this section; (C) The housing provider shall not resume any housing or commercial use of the unit for a continuous 12-month period beginning from the date that the use is discontinued under this section; (D) The housing provider shall not resume any housing use of the unit other than rental housing; (E) Upon resumption of the housing use, the housing provider shall not rerent the unit at a greater rent than would have been permitted under this chapter had the housing use not been discontinued; (F) The housing provider shall, on a form devised by the Rent Administrator, file with the Rent Administrator a statement including, but not limited to, general information about the housing accommodation, such as address and number of units, the reason for the discontinuance of use, and future plans for the property; (G) If the housing provider desires to resume a rental housing use of the unit, the housing provider shall notify the Rent Administrator who shall determine whether the provisions of this paragraph have been satisfied; and (H) The housing provider shall not demand or receive rent for any rental unit which the housing provider has repossessed under this subsection for a 12-month period beginning on the date the housing provider recovered possession of the rental unit. (2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter. (j) In any case where the housing provider seeks to recover possession of a rental unit or housing accommodation to convert the rental unit or housing accommodation to a condominium or cooperative, notice to vacate shall be given according to \u00a7 42-3402.06 (c). (k) Notwithstanding any other provision of this section, no housing provider shall evict a tenant on any day when the National Weather Service predicts at 8:00 a.m. that the temperature at the National Airport weather station will fall below 32 degrees fahrenheit or 0 degrees centigrade within the next 24 hours. (k-1) Subsection (k) shall not apply: (1) Where, in accordance with and as provided in subsection (c) of this section, a court of competent jurisdiction has determined that the tenant has performed an illegal act within the rental unit or housing accommodation; (2) Where a court of competent jurisdiction has made a specific finding that the tenant\u2019s actions or presence causes undue hardship on the health, welfare, and safety of other tenants or immediate neighbors; or (3) Where a court of competent jurisdiction has made a specific finding that the tenant has abandoned the premises. (l) Expired. (m) This section shall not apply to privately-owned rental housing or housing owned by the federal or District government with regard to drug-related evictions under subchapter I of Chapter 36 of this title. (n) (1) If the occupancy of a tenant has been or will be terminated by a placard placed by the District government in accordance with section 103 of Title 14 of the District of Columbia Municipal Regulations for violations of Title 14 of the District of Columbia Municipal Regulations that threaten the life, health, or safety of the tenant, the tenancy shall not be deemed terminated until the unit has been offered for reoccupation to the tenant after the date that physical occupancy ceased. (2) The Mayor shall maintain a registry of the persons, including their subsequent interim addresses, who were tenants at the time the building was placarded. (3) At the time of the placarding, the Mayor shall provide a written notice to the tenants of the right to maintain their tenancy and the need to keep the Mayor informed of interim addresses. The notice shall contain the address and telephone number of the office maintaining the registry. (4) Any notice required under this subchapter shall be effective when sent to the tenant at the address maintained in the registry. (o) [Not funded] (p) No writ of restitution subject to this section shall be executed without at least 3 days notice following the order. ( July 17, 1985, D.C. Law 6-10, \u00a7 501, 32 DCR 3089 ; Feb. 24, 1987, D.C. Law 6-192, \u00a7 13(g), 33 DCR 7836 ; June 13, 1990, D.C. Law 8-139, \u00a7 11, 37 DCR 2645 ; Aug. 26, 1994, D.C. Law 10-164, \u00a7 2, 41 DCR 4889 ; Apr. 29, 1998, D.C. Law 12-86, title IX, \u00a7 901, 45 DCR 1172 ; D.C. Law 13-172, \u00a7 1312, 47 DCR 6308 ; Apr. 27, 2001, D.C. Law 13-281, \u00a7 301, 48 DCR 1888 ; Oct. 19, 2002, D.C. Law 14-213, \u00a7\u00a7 31, 32(a), 49 DCR 8140 ; June 22, 2006, D.C. Law 16-140, \u00a7 2(a), 53 DCR 3686 ; Mar. 14, 2007, D.C. Law 16-273, \u00a7 2(b), 54 DCR 859 ; Apr. 15, 2008, D.C. Law 17-146, \u00a7 2, 55 DCR 2554 ; Mar. 25, 2009, D.C. Law 17-353, \u00a7 231, 56 DCR 1117 ; Mar. 25, 2009, D.C. Law 17-368, \u00a7 4(h)(1), 56 DCR 1338 ; Mar. 3, 2010, D.C. Law 18-111, \u00a7\u00a7 2182, 7039, 57 DCR 181 ; December 8, 2016, D.C. Law 21-172, \u00a7 2(c), 63 DCR 12959 .) Prior Codifications 1981 Ed., \u00a7\u200245-2551. Section References This section is referenced in \u00a7 8-231.03 , \u00a7 42-2857.01 , \u00a7 42-3401.04 , \u00a7 42-3402.02 , \u00a7 42-3507.01 , \u00a7 42-3507.02 , \u00a7 42-3509.02 , and \u00a7 42-3602 . Effect of Amendments D.C. Law 13-172 added subsec. (l). D.C. Law 13-281 added subsec. (n). D.C. Law 14-213 , in subsec. (n), validated a previously made technical correction. D.C. Law 16-140 , added pars. (f)(5) and (f)(6) and rewrote pars. (f)(1) and (f)(2). D.C. Law 16-273 added subsec. (c-1). D.C. Law 17-146 added subsecs. (o) and (p). D.C. Law 17-353 validated a previously made technical correction in subsec. (p). D.C. Law 17-368 , in subsec. (c-1)(1), substituted \u201c\u00a7 16-1001 (8)\u201d for \u201c\u00a7 16-1001 (5)\u201d. D.C. Law 18-111 , in subsecs. (o)(1)(B) and (10), substituted \u201cDepartment of Housing and Community Development\u201d for \u201cDepartment of Human Services\u201d; and rewrote subsec. (o)(2), which had read as follows: \u201c(2) This subsection shall be subject to the availability of funds.\u201d Cross References Housing accommodation conversion prerequisites and exemptions, persons with standing, see \u00a7 42-3402.02 . Expiration of Law Expiration of Law 8-139 Section 12(b) of D.C. Law 8-139 provided that the act shall expire 10 years after the effective date of the act. D.C. Law 8-139 became effective on June 13, 1990. Emergency Legislation For temporary amendment of section, see \u00a7\u20022 of the Rental Housing Act of 1985 Winter of 1994 Emergency Amendment Act of 1994 (D.C. Act 10-179, January 25, 1994, 41 DCR 520). For temporary repeal of the Rental Housing Act of 1985 Freezing Temperature Emergency Amendment Act of 1993, effective December 16, 1993 (D.C. Act 10-161; 40 DCR 8874), see \u00a7\u20023 of the Rental Housing Act of 1985 Winter of 1994 Emergency Amendment Act of 1994 (D.C. Act 10-179, January 25, 1994, 41 DCR 520). For temporary amendment of section, see \u00a7\u20023 of the Drug House Abatement Emergency Amendment Act of 1996 (D.C. Act 11-446, December 5, 1996, 43 DCR 6664). For temporary amendment of section, see \u00a7\u20024 of the Real Property Tax Reassessment Second Emergency Act of 1997 (D.C. Act 12-244, January 13, 1998, 45 DCR 652). For temporary amendment of section, see \u00a7\u20024 of the Real Property Tax Reassessment Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-293, February 27, 1998, 45 DCR 1758). For temporary amendment of section, see \u00a7\u20024 of the Real Property Tax Reassessment and Cold Weather Eviction Emergency Amendment Act of 1999 (D.C. Act 13-18, February 17, 1999, 46 DCR 2354). For temporary (90-day) amendment of section, see \u00a7\u20022 of the Tenant Protection Emergency Amendment Act of 2000 (D.C. Act 13-328, May 9, 2000, 47 DCR 4347). For temporary (90-day) amendment of section, see \u00a7\u20021312 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90-day) amendment of section, see \u00a7\u20022 of the Tenant Protection Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-411, August 14, 2000, 47 DCR 7285). For temporary (90 day) amendment of section, see \u00a7\u20021312 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740). For temporary (90 day) amendment of section, see \u00a7\u20022 of Tenant Evictions Emergency Amendment Act of 2005 (D.C. Act 16-244, December 22, 2005, 53 DCR 268). For temporary (90 day) amendment of section, see \u00a7\u20022 of Tenant Evictions Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-327, March 23, 2006, 53 DCR 2582). For temporary (90 day) amendment of section, see \u00a7\u00a7\u20022182, 7039 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see \u00a7\u00a7\u20022182, 7039 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation For temporary (225 day) amendment of section, see \u00a7\u20022 of Rental Housing Act of 1985 Frigid Temperature Temporary Amendment Act of 1993 (D.C. Law 10-2, May 14, 1993, law notification 40 DCR 3403). For temporary (225 day) amendment of section, see \u00a7\u20022 of Rental Housing Act of 1985 Frigid Temperature Temporary Amendment Act of 1994 (D.C. Law 10-97, March 23, 1994, law notification 40 DCR 1812.) For temporary (225 day) amendment of section, see \u00a7\u20024 of Real Property Tax Reassessment Temporary Amendment Act of 1998 (D.C. Law 12-125, June 10, 1998, law notification 45 DCR 5883). For temporary (225 day) amendment of section, see \u00a7\u20024 of Real Property Tax Reassessment and Cold Weather Eviction Temporary Act of 1999 (D.C. Law 13-1, May 20, 1999, law notification 46 DCR 5301). For temporary (225 day) amendment of section, see \u00a7\u20022 of Tenant Protection Temporary Amendment Act of 2000 (D.C. Law 13-158, September 16, 2000, law notification 47 DCR 8064). For temporary (225 day) amendment of section, see \u00a7\u20022 of Tenant Evictions Temporary Amendment Act of 2006 (D.C. Law 16-76, April 4, 2006, law notification 53 DCR 3335). Editor's Notes Subsection (o)(2), added by Law 17-146 states that this subsection shall not apply until its fiscal effect is included in an approved budget and financial plan. The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of subsection (o)(2), added by Law 17-146, has not been included in an approved budget and financial plan. Therefore, the provisions of subsection (o), enacted by Law 17-146, are not in effect.", "num": "42-3505.01", "title": "\u00a7 42\u20133505.01. Evictions.", "url": "/dc/council/code/sections/42-3505.01.html"} {"index": {"_id": "/dc/council/code/sections/42-3505.31.html", "_index": "dc", "_type": "page"}} -{"body": "(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant. (b) A housing provider may only charge a late fee: (1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and (2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due. (c) A housing provider shall not: (1) Charge interest on a late fee; (2) Deduct any amount of a late fee from a subsequent rent payment; (3) Impose a late fee more than one time on each late payment; (4) Evict a tenant on the basis of the nonpayment of a late fee; or (5) Impose a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather that the tenant, is responsible for paying. (d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider. (July 17, 1985, D.C. Law 6-10, \u00a7 531; as added December 8, 2016, D.C. Law 21-172, \u00a7 2(b), 63 DCR 12959 .)", "num": "42-3505.31", "title": "\u00a7 42\u20133505.31. Authorized fees for the payment of rent beyond 5 days after the rent payment is due.", "url": "/dc/council/code/sections/42-3505.31.html"} +{"body": "(a) For the purposes of this section, the term: (1) \"Reasonable notice\" means written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter the unit or a shorter period of time as agreed to by the tenant in writing. Written notice may include electronic communication, including email and mobile text messaging; provided, that if the tenant fails to furnish a written acknowledgement, the housing provider will provide a paper notice. (2) \"Reasonable purpose\" means a purpose that is directly related to the housing provider's: (A) Duty to keep the entire property safe from damage; (B) Duty to inspect the premises; (C) Duty to make necessary or agreed repairs, decorations, alterations, renovations, or improvements; (D) Duty to supply necessary or agreed services and maintenance; (E) Need to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; or (F) Need to gain entry for work ordered by a governmental entity. (3) \"Reasonable time\" means a time between the hours of 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, or at another time agreed upon by the tenant. (b) (1) Except in the event of an emergency for the protection or preservation of the premises, or for the protection and safety of the tenants or other persons, a housing provider may enter a rental unit during a tenancy only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice. (2) Upon a showing by the tenant that the housing provider has entered a unit in violation of this section, or has repeatedly made unreasonable demands for entry, any court of competent jurisdiction may enjoin the housing provider from that behavior and may assess appropriate damages against the housing provider for breach of the tenant's right to quiet enjoyment of the premises. (3) Upon the allegation of a housing code violation by a tenant, a tenant may not unreasonably prevent the housing provider from accessing the unit for assessment and abatement of the alleged violation and must provide access to the unit within 48 hours of the written request by the housing provider for access. ( February 18, 2017, D.C. Law 21-210, \u00a7 2(d), 63 DCR 15302 .)", "num": "42-3505.31", "title": "\u00a7 42\u20133505.31. Access by housing provider to dwelling unit.", "url": "/dc/council/code/sections/42-3505.31.html"} {"index": {"_id": "/dc/council/code/sections/42-3505.31.html", "_index": "dc", "_type": "page"}} {"body": "(a) For the purposes of this section, the term: (1) \"Reasonable notice\" means written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter the unit or a shorter period of time as agreed to by the tenant in writing. Written notice may include electronic communication, including email and mobile text messaging; provided, that if the tenant fails to furnish a written acknowledgement, the housing provider will provide a paper notice. (2) \"Reasonable purpose\" means a purpose that is directly related to the housing provider's: (A) Duty to keep the entire property safe from damage; (B) Duty to inspect the premises; (C) Duty to make necessary or agreed repairs, decorations, alterations, renovations, or improvements; (D) Duty to supply necessary or agreed services and maintenance; (E) Need to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; or (F) Need to gain entry for work ordered by a governmental entity. (3) \"Reasonable time\" means a time between the hours of 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, or at another time agreed upon by the tenant. (b) (1) Except in the event of an emergency for the protection or preservation of the premises, or for the protection and safety of the tenants or other persons, a housing provider may enter a rental unit during a tenancy only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice. (2) Upon a showing by the tenant that the housing provider has entered a unit in violation of this section, or has repeatedly made unreasonable demands for entry, any court of competent jurisdiction may enjoin the housing provider from that behavior and may assess appropriate damages against the housing provider for breach of the tenant's right to quiet enjoyment of the premises. (3) Upon the allegation of a housing code violation by a tenant, a tenant may not unreasonably prevent the housing provider from accessing the unit for assessment and abatement of the alleged violation and must provide access to the unit within 48 hours of the written request by the housing provider for access. ( February 18, 2017, D.C. Law 21-210, \u00a7 2(d), 63 DCR 15302 .)", "num": "42-3505.31", "title": "\u00a7 42\u20133505.31. Access by housing provider to dwelling unit.", "url": "/dc/council/code/sections/42-3505.31.html"} {"index": {"_id": "/dc/council/code/sections/42-3506.01.html", "_index": "dc", "_type": "page"}} diff --git a/version.txt b/version.txt index 8910bc871a94..448ec4dede07 100644 --- a/version.txt +++ b/version.txt @@ -6,8 +6,8 @@ dc-law-tools commit: 2aa750f8ae706cc88c4af9ecbbf9bb950d0074f4 xcore-win release: LATEST ----- dc-law-xml-codified ----- -Date: 2017-07-25 21:21:06 -dc-law-xml-codified build: 1.0.383 -dc-law-xml-codified commit: d70519b6e7cb5ba9de811eb5806103fed8eb9de6 +Date: 2017-07-25 22:04:50 +dc-law-xml-codified build: 1.0.384 +dc-law-xml-codified commit: 9a242e4c656b595a6ab736426516fe2c0176dbb9 dc-law-tools commit: fae11b734e8392aadcd47c3617e89ece064bf228 dc-law-static commit: 6608afc22e0a358740e8feeab9b0c9e2f4b0af47