2021 District of Columbia Code
Title 42 - Real Property
Chapter 35 - Rental Housing Generally
Subchapter IX - Miscellaneous Provisions
§ 42–3509.04. Service

*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

*NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) Unless otherwise provided by Rental Housing Commission regulations, any information or document required to be served upon any person shall be served upon that person, or the representative designated by that person or by the law to receive service of the documents. When a party has appeared through a representative of record, service shall be made upon that representative. Service upon a person may be completed by any of the following ways:

(1) By handing the document to the person, by leaving it at the person’s place of business with some responsible person in charge, or by leaving it at the person’s usual place of residence with a person of suitable age and discretion;

(2) By telegram, when the content of the information or document is given to a telegraph company properly addressed and prepaid;

(3) By mail or deposit with the United States Postal Service properly stamped and addressed; or

(4) By any other means that is in conformity with an order of the Rental Housing Commission or the Rent Administrator in any proceeding.

(b) No rent increases, whether under this chapter, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, the Rental Housing Act of 1980, or any administrative decisions issued under these acts, shall be effective until the first day on which rent is normally paid occurring more than 30 days after notice of the increase is given to the tenant.

(c) No housing provider may issue a rent increase notice to any residential tenant prior to December 31, 2021.

(d)(1) Any rent increase, whether under this chapter, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, the Rental Housing Act of 1980, [superseded by this chapter] or any administrative decisions issued under these acts, shall be null and void and shall be issued anew in accordance with subsection (b) of this section if:

(A) The effective date of the rent increase as stated on the notice of rent increase occurs during a period for which a public health emergency has been declared pursuant to the Public Emergency Act, and for 30 days thereafter;

(B) The notice of rent increase was provided to the tenant during a period for which a public health emergency has been declared; or

(C) The notice was provided to the tenant prior to, but the rent increase takes effect following, a public health emergency.

(2) The Rent Administrator shall review all notices to a tenant of an adjustment in the rent charged filed by a housing provider with the Rental Accommodations Division of the Department of Housing and Community Development for consistency with this subsection and shall inform the housing provider that:

(A) A rent increase is prohibited during the public health emergency plus 30 days pursuant to this section;

(B) The housing provider shall withdraw the rent increase notice;

(C) The housing provider shall inform tenants in writing that any rent increase notice is null and void pursuant to the Coronavirus Support Temporary Amendment Act of 2021 [D.C. Law 24-9];

(D) The housing provider shall within 7 calendar days, file a certification with the Rental Accommodations Division that the notice letter required by subparagraph (C) of this paragraph was sent to tenants, along with a sample copy of the notice and a list of each tenant name and corresponding unit numbers; and

(E) If it is determined that the housing provider knowingly demanded or received any rent increase prohibited by this chapter or substantially reduced or eliminated related services previously provided for a rental unit, the housing provider may be subject to treble damages and a rollback of the rent, pursuant to § 42-3509.01(a).

(July 17, 1985, D.C. Law 6-10, § 904, 32 DCR 3089; June 24, 2021, D.C. Law 24-9, § 405(7), 68 DCR 004824; July 24, 2021, D.C. Act 24-125, § 3(u)(2), 68 DCR 007342.)

1981 Ed., § 45-2594.

This section is referenced in § 42-3502.08, § 42-3502.09, and § 42-3502.16.

Rental Accommodations Act of 1975, and the Rental Housing Acts of 1977 and 1980, definitions, see § 42-3501.03.

Rent increases above base rent, notice of increase in compliance with this section, see § 42-3502.08.

See Historical and Statutory Notes following § 42-3509.01.

For temporary (90 days) amendment of this section, see § 3(u)(2) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).

For temporary (90 days) amendment of this section, see § 405(7) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 405(a)(7) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 405(b)(7) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 405(b)(7) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 405(b)(7) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (225 days) amendment of this section, see § 405(7) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 405(b)(7) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).