544 A.2d 710 | D.C. | 1988
Lead Opinion
On this petition for review, we are called upon to again examine the small landlord exemption of the Rental Housing Act. We conclude the Rental Housing Commission correctly determined the landlord in this case to fall within the exemption. We affirm.
The Blacknalls and Gloria McQueen are apartment tenants at 1838-16th Street, N.W. They challenge rent increases taken by their landlord. The landlord claims exemption from rent control. She asserts that she falls within the small landlord exemption of Section 206(a)(3) of the Rental Housing Act of 1980, D.C.Code § 45-1516(a)(3) (1981). This section exempts from rent control “any rental unit in any housing accommodation of 4 or fewer units” if certain other criteria — which are not relevant in this case — are met. A “rental unit” is defined in the Act as “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.” D.C. Code § 45-1503(27) (1981). A housing accommodation is a building containing one or more rental units. D.C.Code § 45-1503(8) (1981).
The tenants’ petition was heard by a Hearing Examiner. The Examiner found that the housing accommodation contained four rental units and one office. The record showed the office had been in continuous use as such since 1978. On April 30,1984, Sara Lustine conveyed the property to Marlyne Klawans, her daughter, by inter vivos gift. In May 1984, Klawans obtained a certificate of occupancy, authorizing use of the building as a four-unit apartment house. In her claim for exemption filed on May 30, 1984, Klawans stated that there were four habitable units and one commercial office (owner occupied), and this had been so since 1978. The tenants appealed to the District of Columbia Rental Housing Commission (Commission).
Most of the issues raised by the tenants do not merit discussion.
Likewise, in Revithes we said: “In proper circumstances, landlords are permitted to permanently remove rental units from the rental market. Thus, although vacant units are to be counted, permanently withdrawn units are not to be counted.” Id. at 1017 n. 24 (citations omitted). We reiterate here what we said there; when a rental unit has been permanently removed from the market as a rental unit, it does not count in the calculation of four units.
On this record, the Commission was more than adequately justified in finding such a permanent removal.
Affirmed.
. The composition of the Commission had changed during the interval. A new group of commissioners had been appointed and sworn in under the Rental Housing Act of 1985, D.C. Code § 45-2501 et seq. (1986 replacement).
. For example, the fact that the composition of the Commission changed between its original decision and its new decision on reconsideration does not somehow vitiate its final decision. See Albertson v. Federal Communications Commission, 87 U.S. App.D.C. 39, 41, 182 F.2d 397, 399 (1950); Dayley v. United States, 169 Ct.Cl. 305, 308 (1965). There is no merit to the claimed procedural irregularities by the Hearing Examiner, nor the challenge to the decisions by Commissioner Cresswell or the Hearing Examiner. See Vann v. Board of Funeral Directors, 441 A.2d 246, 249-50 (D.C. 1982); see also National Labor Relations Board v. Donnelly Garment Co., 330 U.S. 219, 236-37, 67 S.Ct. 756, 765-66, 91 L.Ed. 854 (1947). There is no evidence that the transfer from Lustine to Klawans was invalid. See Gibson v. Johnson, 492 A.2d 574 (D.C.1985). Indeed petitioners did not appear to challenge the Commission's ruling on this point. In sum, all of petitioners’ other contentions, including his certificate of occupancy and zoning violations claims, are devoid of any merit.
Concurrence Opinion
concurring:
It is troubling, at least to me, that coverage under the rent control laws can be avoided, and the tenants’ rent can be almost tripled,
it is both rational and reasonable for the Commission to assert that the law prevents persons from claiming the four unit rent control exemption when other units are owned by a wife.
The landlord has the burden of proving that he is exempt from rent control, and the statutory exemptions are to be narrowly construed. Revithes v. Rental Housing Commission, 536 A.2d 1007, 1017 (D.C. 1987); Remin, supra, 471 A.2d at 279. I believe that it is time to borrow from the Constitution, Lane v. Wilson, 307 U.S. 268, 275, 59 S.Ct. 872, 876, 83 L.Ed. 1281 (1939) and from the civil rights statutes, United States v. Real Estate Dev. Corp., 347 F.Supp. 776, 782 (N.D.Miss.1972), and apply to the rent control laws, the principle that the law forecloses sophisticated as well as simple-minded modes of nullification or evasion. If gratuitous transfers to sons and daughters, not to mention sisters and cousins and aunts,
In Gibson v. Johnson, 492 A.2d 574 (D.C.1985), however, this court sustained a father’s claim of exemption after he had transferred the subject premises to his son at least in part to evade rent control, even though the father was obligated on a promissory note on the property and continued to manage the building. Since Gibson is binding authority, since the tenants have not pursued the issue, and since the tenants’ other contentions — particularly the “once a rental unit, always a rental unit”
. Gloria McQueen’s rent was increased from $154.00 per month to $455.00. The Blacknalls' rent went up from $160.00 to $390.00.
. This is the amount recited in the deed. The daughter testified before the hearing examiner that she knew nothing about the $10.00 and that the transfer was a gift.
.Gilbert and Sullivan, H.M.S. Pinafore.