4216 PETITIONS ALLEGING SUBSTANTIAL HOUSING CODE VIOLATIONS

4216.1 Each petition for a rent ceiling adjustment under § 207 of the Act and §§ 4209, 4210, 4211, and 4212 shall be considered a petition to increase rent, and the Rent Administrator may consider whether the rental unit and common elements of the housing accommodation are in substantial compliance with the housing code.

4216.2 For purposes of this subtitle, “substantial compliance with the housing code” means the absence of any substantial housing violations as defined in § 103(35) of the Act including, but not limited to, the following:

1. (a) Frequent lack of sufficient water supply;
2. (b) Frequent lack of hot water;
3. (c) Frequent lack of sufficient heat;
4. (d) Curtailment of utility service, such as gas or electricity;
5. (e) Defective electrical wiring, outlets, or fixtures;
6. (f) Exposed electrical wiring or outlets not properly covered;
7. (g) Leaks in the roof or walls;
8. (h) Defective drains, sewage system, or toilet facilities;
9. (i) Infestation of insects or rodents;
10. (j) Lead paint on the interior of the dwelling, or on the exterior of the dwelling where the paint is in a location or in a condition which creates a hazard of lead poisoning to children or the occupants;
11. (k) Insufficient number of acceptable exits for a dwelling, or from each floor of a rooming house;
12. (l) Obstructed exits;
13. (m) Accumulation of garbage or rubbish in common areas;
14. (n) Plaster falling or in immediate danger of falling;

(o) Dangerous porches, stairs, or railings;

(p) Floor, wall, or ceilings with substantial holes;

(q) Doors or windows insufficiently tight to maintain the required temperature or to prevent excessive heat loss;

(r) Doors lacking required locks;

(s) Fire hazards or absence of required fire prevention or fire control;

(t) Inadequate ventilation of interior bathrooms; and

(u) Large number of housing code violations, each of which may be either substantial or non-substantial, the aggregate of which is substantial, because of the number of violations.

4216.3 In a hearing on a housing provider's petition for a rent ceiling adjustment, there shall be a rebuttable presumption of substantial compliance with the housing regulations for each rental unit and the common elements of a housing accommodation, if:

(a) The housing accommodation was last inspected for housing code violations more than thirty (30) days prior to the date of filing of the petition for adjustment, and all substantial violations then cited have been abated within the time set forth in the notice of violations; or

(b) The housing accommodation shall have been inspected at the housing provider's request within thirty (30) days immediately preceding the date of filing of the petition for adjustment.

4216.4 For the purposes of § 4216.3(a), the Rent Administrator shall find abatement of all substantial housing code violations upon certification of abatement by the housing inspector, or the affected tenant, or the housing provider; provided, that upon that certification of abatement by the housing provider the affected tenant has been given ten (10) days notice of and opportunity to contest the certification.

4216.5 Evidence of substantial violations of the housing code may be presented to a hearing examiner by the testimony of parties, except that no tenant complaints of substantial violations shall be received in evidence in any hearing if the conditions giving rise to the complaint occurred and were abated more than twelve (12) months previously.

4216.6 Tenant testimony may be supported by photographs or other documentary evidence, written Department of Consumer and Regulatory Affairs violation notice(s), or the testimony of a

Department of Consumer and Regulatory Affairs official who has personally inspected the rental property.

4216.7 Testimony shall be as detailed as necessary so that the hearing examiner can make findings of fact that will identify the specific violation(s), their location and duration, and whether they have been abated. Based upon such testimony, the examiner shall determine if the violations are substantial.

4216.8 A finding of excessive and prolonged housing code violations pursuant to § 208(a)(2) of the Act shall identify each violation, its location and duration, and whether or not it has been abated.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1415 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2669 (May 2, 1986).