2018 District of Columbia Code
Title 42 - Real Property.
Chapter 35 - Rental Housing Generally.
Subchapter II - Rent Stabilization Program.
§ 42–3502.13. Vacant accommodation.

(a) When a tenant vacates a rental unit on the tenant’s own initiative or as a result of a notice to vacate for nonpayment of rent, violation of an obligation of the tenant’s tenancy, or use of the rental unit for illegal purpose or purposes as determined by a court of competent jurisdiction, the amount of rent charged may, at the election of the housing provider, be increased:

(1) By 10% of the current allowable amount of rent charged for the vacant unit; or

(2) To the amount of rent charged for a substantially identical rental unit in the same housing accommodation; provided, that the increase shall not exceed 30% of the current lawful amount of rent charged for the vacant unit, except that no increase under this section shall be permitted unless the housing accommodation has been registered under § 42-3502.05(f).

(b) For the purposes of this section, rental units shall be defined to be substantially identical where they contain essentially the same square footage, essentially the same floor plan, comparable amenities and equipment, comparable locations with respect to exposure and height, if exposure and height have previously been factors in the amount of rent charged, and are in comparable physical condition.

(c) No rent increase under subsections (a)(1) and (a)(2) may be sought or granted within the 12-month period following the implementation of a hardship increase under § 42-3502.12.

(d) Within 15 days after of the commencement of the new tenancy, the housing provider shall disclose to the tenant on a form published by the Rent Administrator (or in another suitable format until a form is published):

(1) The applicable rent for the rental unit at the commencement of the tenancy;

(2) The amount of the increases in the amount of rent charged for the rental unit during the preceding 3 years, including the basis for each increase and, if applicable, the identification of any substantially identical rental unit on which a vacancy increase is based, and the current increase in the rent charged; and

(3) The identification of any substantially identical rental unit on which the vacancy increase is based.

(July 17, 1985, D.C. Law 6-10, § 213, 32 DCR 3089; Feb. 24, 1987, D.C. Law 6-192, § 13(d), 33 DCR 7836; Aug. 5, 2006, D.C. Law 16-145, § 2(f), 53 DCR 4889; Oct. 30, 2018, D.C. Law 22-168, § 2282(e), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-223, § 2, 66 DCR 185; Mar. 13, 2019, D.C. Law 22-248, § 2(e), 66 DCR 973.)

1981 Ed., § 45-2523.

This section is referenced in § 42-3502.05, § 42-3502.08, and § 42-3502.16.

D.C. Law 16-145, in the lead-in language to subsec. (a), substituted “the amount of rent charged may, at the election of the housing provider, be increased:” for “the rent ceiling may, at the election of the housing provider, be adjusted to either:”; in par. (a)(1), substituted “(1) By 10% of the current allowable amount of rent charged for the vacant unit; or” for “(1) The rent ceiling which would otherwise be applicable to a rental unit under this chapter plus 12% of the ceiling once per 12-month period; or”; in par. (a)(2), substituted “(2) To the amount of rent charged for a substantially identical rental unit in the same housing accommodation; provided, that the increase shall not exceed 30% of the current lawful amount of rent charged for the vacant unit” for “(2) The rent ceiling of a substantially identical rental unit in the same housing accommodation”; and added subsec. (d).

See Historical and Statutory Notes following § 42-3502.01.

Section 4 of D.C. Law 22-248 provided that the repeal of subsection (d) of this section shall apply on the later of the applicability date of the Vacancy Increase Reform Amendment Act of 2018 (D.C. Law 22-223) [to be determined], or the effective date of this act [March 13, 2019]. D.C. Law 22-223 is not yet funded, therefore the repeal of subsection (d) of this section has not been implemented.

Applicability of D.C. Law 22-223: § 3 of D.C. Law 22-223 provided that the change made to this section by § 2 of D.C. Law 22-223 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 days) amendment of this section, see § 2282(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2282(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(f) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Section 3 of D.C. Law 22-248 provided that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of D.C. Law 22-248, including revisions necessary to update relevant housing provider reporting forms according to the requirements of D.C. Law 22-248.