5738.1 Before a hearing is scheduled in any grievance involving the amount of rent claimed due by the Project Owner, the complainant shall pay to the Project Owner an amount equal to the amount of the rent due and payable as of the first of the month preceding the month in which the act or failure to act took place.

5738.2 The complainant shall thereafter deposit the same amount of the monthly rent in the escrow account designated by the Project Owner monthly when due until the complaint is resolved as a result of the hearing.

5738.3 The failure to make the payments shall result in the termination of the grievance procedure and the Project Owner's proposed disposition of the complaint pursuant to Subsection 5732.4 will become final.

5738.4 Failure to make payment shall not constitute a waiver of any right the complainant may have to contest the Project Owner's disposition of the complainant's grievance in an appropriate judicial proceeding.

SOURCE: Final Rulemaking at 64 DCR 12956 (December 22, 2017).