§ 4101

Citation: § 4101
Parent Document: Michael Joseph Levy & Carmel Partners, Inc. d/b/a Quarry II, LLC v. and District of Columbia Housing Commission (2015)
Jurisdiction: DC (municipal)
Effective Date: 2015-11-19
Original Source: https://www.courtlistener.com/opinion/3158576/michael-joseph-levy-carmel-part... ↗

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          The Act does not appear to explicitly require filing of a claim of
exemption with respect to rental units exempt from rent control under D.C. Code
§ 42-3502.05 (a)(2). The Act does explicitly require that a “prospective tenant”
must be given notice that a rental unit is exempt from rent control “[p]rior to the
execution of a lease or other rental agreement.” D.C. Code § 42-3502.05 (d).
Quarry was required by regulation, however, to file a claim of exemption with the
Rent Administrator. 14 DCMR § 4106.1 (2015). Quarry does not challenge that
requirement, nor does Quarry dispute that it was required to provide Mr. Levy with
notice of the claim of exemption at some point before increasing Mr. Levy’s rent.
We therefore limit our discussion to the question whether the RHC permissibly
treated Quarry’s claim of exemption as void ab initio because Quarry did not serve
Mr. Levy before or simultaneously with the filing of the claim.
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