(a) If the Rent Administrator determines that (1) a rental unit is to be substantially rehabilitated, and (2) the rehabilitation is in the interest of the tenants of the unit and the housing accommodation in which the unit is located, the Rent Administrator may approve, contingent upon completion of the substantial rehabilitation, an increase in the rent charged for the rental unit, if the rent increase is no greater than the equivalent of 125% of the rent charged applicable to the rental unit prior to substantial rehabilitation.
(b) In determining whether a housing unit is to be substantially rehabilitated, the Rent Administrator shall examine the plans, specifications, and projected costs for the rehabilitation, which shall be made available to the Rent Administrator by the housing provider of the rental unit or housing accommodation to be rehabilitated.
(c) In determining whether substantial rehabilitation of a housing accommodation is in keeping with the interest of the tenants, the Rent Administrator shall consider, among other relevant factors:
(1) The impact of the rehabilitation on the tenants of the unit or housing accommodation; and
(2) The existing condition of the rental unit or housing accommodation and the degree to which any violations of the housing regulations in the rental unit or housing accommodation constitute an impairment of the health, welfare, and safety of the tenants.
(d) This section shall apply to the following:
(1) Any rental unit with respect to which a housing provider has notified the tenant, after July 17, 1985, of an intent to substantially rehabilitate; and
(2) Any rental unit with respect to which, before July 17, 1985:
(A) The housing provider has notified the tenant of the intended substantial rehabilitation; and
(B) All the tenants have left.
(July 17, 1985, D.C. Law 6-10, § 214, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889.)
1981 Ed., § 45-2524.
This section is referenced in § 42-3502.08, § 42-3502.16, and § 42-3505.01.
D.C. Law 16-145, in subsec. (a), substituted “rent charged” for “rent ceiling”.
See Historical and Statutory Notes following § 42-3502.01.
For temporary (90 day) amendment of section, see § 2(a) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).
Structure District of Columbia Code
Chapter 35 - Rental Housing Generally
Subchapter II - Rent Stabilization Program
§ 42–3502.01a. Powers and duties of the Chairperson of the Rental Housing Commission
§ 42–3502.02. Powers and duties of Rental Housing Commission
§ 42–3502.02a. Immunity for official acts
§ 42–3502.02b. Independence of the Rental Housing Commission; transfer provisions
§ 42–3502.03. Rental Accommodations Division of the Department of Housing and Community Development
§ 42–3502.03a. Rent Administrator — Appointment and removal
§ 42–3502.03b. Rent Administrator — Qualifications and compensation
§ 42–3502.03c. Public Accessible Rent Control Housing Database
§ 42–3502.03d. Housing provider online filing requirements
§ 42–3502.03e. Rental Housing Registration Fund
§ 42–3502.04. Duties of the Rent Administrator
§ 42–3502.04c. Housing Regulation Administration; Housing Regulation Administrator
§ 42–3502.05. Registration and coverage
§ 42–3502.06. Rent ceilings abolished
§ 42–3502.07. Adjustments in rent ceiling
§ 42–3502.08. Increases above base rent
§ 42–3502.09. Rent charged upon termination of exemption and for newly covered rental units
§ 42–3502.10. Petitions for capital improvements
§ 42–3502.11. Services and facilities
§ 42–3502.11a. Mandatory fees prohibited
§ 42–3502.12. Hardship petition
§ 42–3502.13. Vacant accommodation
§ 42–3502.14. Substantial rehabilitation
§ 42–3502.15. Voluntary agreement
§ 42–3502.15a. Voluntary agreement moratorium
§ 42–3502.16. Adjustment procedure
§ 42–3502.16a. Tenant representation by tenant organization
§ 42–3502.17. Security deposit
§ 42–3502.21. Certificate of assurance
§ 42–3502.21a. Certificate of assurance moratorium
§ 42–3502.22. Disclosure to tenants
§ 42–3502.22a. Forms to include definition of the term rent charged
§ 42–3502.23. Addition to Comprehensive Housing Strategy report