4300 EVICTIONS

4300.1 No tenant may be evicted from a rental unit for any reason other than for non-payment of rent unless the housing provider has properly served the tenant with a valid written notice to vacate and has served a copy of that notice on the Rent Administrator not more than five (5) days after service on the tenant.

4300.2 No action for possession of a rental unit may be initiated by a housing provider before the expiration of the time period set forth in the notice.

4300.3 If a housing provider seeks possession of a rental unit by bringing an action in the Superior Court of the District of Columbia and the basis for the intended eviction is the non-payment of rent, the notice to vacate pursuant to § 501(a) of the Act need not be served on the Rent Administrator.

4300.4 The Rent Administrator may review each notice to vacate to determine if it meets the requirements of this chapter.

4300.5 A hearing may be conducted in accordance with chapter 40 in order that a hearing examiner may issue a written decision upholding or denying the validity of a notice to vacate.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Rental Housing Act of 1985, D.C. Law 6-10, effective July 17, 1985 (codified at D.C. Official Code §§ 42-3501.01 et seq. (2001)).

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1418-1419 (March 7, 1986).