§ 3807

Citation: § 3807
Parent Document: Michael Joseph Levy & Carmel Partners, Inc. d/b/a Quarry II, LLC v. and District of Columbia Housing Commission, 126 A.3d 684 (2015)
Jurisdiction: DC (municipal)
Effective Date: 2015-11-19
Original Source: https://www.courtlistener.com/opinion/3155942/michael-joseph-levy-carmel-part... ↗

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           In his reply brief, Mr. Levy contends that D.C. Code § 42-3502.05 (d)
precludes a unit from being exempted from rent control in the middle of a tenancy
where the tenant was not notified of the exemption before the execution of the
original lease. If Mr. Levy’s contention were correct, Mr. Levy might have been
entitled to a rent-controlled rate for the duration of his tenancy. Mr. Levy’s
contention on this point, however, was not decided on the merits by the RHC and
was not raised in this court until Mr. Levy’s reply brief. Moreover, it is not at all
clear that Mr. Levy’s contention is correct as a matter of law. Under the
circumstances, we cannot say it would work a manifest injustice to apply RHC’s
procedural rules to Mr. Levy in this case, particularly given Mr. Levy’s apparent
status as a month-to-month tenant.
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