2216 RESPONSIBILITIES OF RENTAL INCLUSIONARY DEVELOPMENT OWNERS AND TENANTS

2216.1 No later than sixty (60) days before each anniversary of the first day of the lease, a Household leasing a Rental Inclusionary Unit shall submit to the Inclusionary Development Owner the following information and documents on or with such form as may be prescribed by the Department of Housing and Community Development:

1. (a) A statement as to whether the Tenant intends to renew the lease; and
2. (b) If the Tenant states that he or she intends to renew the lease:
3. (1) A certification that the Household continues to occupy the unit as its principal residence;
4. (2) The names of each person residing in the unit;
5. (c) A Certification of Income, Affordability, and Household Size that meets the requirements of § 2213; and
6. (d) A Declaration of Eligibility that meets the requirements of § 2213.

2216.2 The Owner may, in the Owner's discretion, extend the deadline established by § 2216.1; provided, the deadline shall not be extended beyond the last day of the Tenant's lease.

2216.3 If a Tenant is in violation of a lease term required by § 2206.6, the Inclusionary Development Owner may provide to the Tenant a notice to vacate under District law.

2216.4 If a notice to vacate is provided pursuant to § 2216.3, the Inclusionary Development Owner shall permit the Household to continue to occupy the unit at the current rent for not less than three (3) and no more than six (6) months after the Inclusionary Unit Owner provides to the Tenant the notice to vacate. Acceptance of rent during this period will not constitute a waiver of the violation of the lease or another obligation of tenancy or void the notice to vacate.

2216.5 An Inclusionary Unit Tenant shall not close on the purchase of residential property before the Tenant has provided notice of the intent to terminate its lease of the Inclusionary Unit in accordance with the terms of the lease.

2216.6 The Inclusionary Development Owner shall not require payment of rent that is greater than the maximum allowable rent determined in accordance with §§ 2207.2 and 2207.4.

2216.7 Annually within fifteen (15) days after the anniversary of the issuance date of the first certificate of occupancy for an Inclusionary Unit in a Rental Inclusionary Development, the Owner shall submit a report to the Department of Housing and Community Development setting forth the following information for the entire Rental Inclusionary Development:

1. (a) The number of Rental Inclusionary Units, by bedroom count, that are occupied;
2. (b) The number of Rental Inclusionary Units, by bedroom count, that were vacated during the previous twelve (12) months;
3. (c) For each Rental Inclusionary Unit vacated during the previous twelve (12) months, the unit number of the unit that was vacated, the number of days the unit was vacant (or a statement that the unit is still vacant), and the date on which a Notice of Availability was provided to the Department of Housing and Community

Development pursuant to § 2206;

(d) For each occupied Rental Inclusionary Unit, the names of all occupants, the Household size, and the Household's Annual Income as of the date of the most recent Certification of Income, Affordability, and Housing Size;

(e) A sworn statement that to the best of the Owner's information and knowledge, the Annual Income and size of each Household occupying each Rental Inclusionary Unit complies with the size and income limits applicable to the Rental Inclusionary Unit; and

(f) A copy of each new and revised Certification of Income, Affordability, and Housing Size provided in accordance with § 2216.1.

SOURCE: As amended by Final Rulemaking published at 56 DCR 3907 (May 15, 2009).