4104 DEFECTIVE REGISTRATION

4104.1 The Rent Administrator shall review each Registration/Claim of Exemption form in order to determine if the form has been properly completed. If the form has not been properly completed, the Rent Administrator shall notify the housing provider in writing.

4104.2 Any housing provider who has been notified of a defective registration and who does not correct the defects in thirty (30) days shall not be eligible for and shall not take or implement the following:

(a) Any upward adjustment in the rent ceiling for a rental unit authorized by the Act;

(b) Any increase in the rent charged for a rental unit which is not properly registered; or

(c) Any of the benefits which accrue to the housing provider of rental units exempt from the Rent Stabilization Program.

4104.3 A Registration/Claim of Exemption form shall be considered defective under each of the following circumstances:

(a) If it is not signed;

(b) If it is not completed in accordance with instructions accompanying the form, or if it contains incorrect information;

(c) If it is not accompanied by the required supporting documents;

(d) If it is not accompanied by proof that the annual rental unit fee was paid as required by § 401 of the Act; or

(e) If a certification in accordance with § 4101.3(b) is not filed.

4104.4 If the Rent Administrator believes a registration statement is defective, whether at the time of filing or subsequent to filing, the Rent Administrator shall notify the housing provider in writing of the specific defect(s) and allow the housing provider thirty (30) days to correct the defect(s).

4104.5 If the defects in the registration statement are corrected in a timely manner, the registration shall be deemed to be proper from the date it was filed.

4104.6 If the registration statement does not contain the name of the housing provider, the Rent Administrator shall require that an amendment to the registration statement be filed within thirty (30) days which provides the identity of the housing provider.

4104.7 If the housing provider is not also the owner of the housing accommodation, the Rent Administrator shall require that an amendment to the registration statement be filed within thirty (30) days which provides a full statement of ownership and the relationship between the owner(s) and the housing provider.

4104.8 The Rent Administrator may suspend a proceeding if an amendment to the registration statement is needed under this section or may continue the proceeding.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1376 (March 7, 1986).