3920 MOTIONS

3920.1 A request for the Rent Administrator to take a particular action shall be made by filing a written motion.3920.2 Motions shall be filed with the Rent Administrator in accordance with § 3901 and served on other parties in accordance with § 3911.3920.3 A written motion may be filed at any time unless the time for filing a specific type of motion is prescribed by the rules in this chapter or the provisions of the Act.3920.4 The party making a motion shall have the burden of proving that the requested action is warranted. A written motion shall state the legal and factual reasons why the Rent Administrator should take the requested action, and a separate memorandum of points and authorities does not need to be filed.3920.5 When a motion is based on information not in the record, a party may support or oppose the motion by attaching affidavits, declarations, or other papers. The Rent Administrator may order a party to file supporting affidavits, declarations, or other papers.3920.6 Before filing any motion, except a motion to dispose of a petition or application or for reconsideration of a final decision and order, a party must make a good faith effort to ask all parties if they agree to the motion. The motion shall state what effort was made and whether all other parties agreed to the motion.- (a) A “good faith effort” means a reasonable attempt, considering all the circumstances, to contact a party or representative in person, by telephone, by fax, by email, or by other means.

- (b) Contact by U.S. mail is a good faith effort only if no other means is reasonably available (for example, not having another party’s telephone number or email address).

- (c) By itself, serving a party with the motion is not a good faith effort to ask if the party agrees to the motion.

- (d) If a party fails to make a good faith effort to seek agreement, the Rent Administrator may deny the motion without prejudice.3920.7 Any party may file a response to a motion within ten (10) days after service of the motion. No further filings related to the motion are permitted unless ordered by the Rent Administrator.

3920.8 A motion for expedited hearing or other form of expedited relief shall be acted upon promptly.

3920.9 The Rent Administrator shall grant or deny each motion by issuing a written order that shall be served on all parties, or a party's representative of record, by U.S. mail in accordance with § 3911.3.

SOURCE: Final Rulemaking published at 68 DCR 012634 (December 3, 2021).