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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Afshar v. District of Columbia Rental Housing Commission, 504 A.2d 1105 (1986)

Citation
Afshar v. District of Columbia Rental Housing Commission, 504 A.2d 1105 (1986)
Parent Document
Afshar v. District of Columbia Rental Housing Commission, 504 A.2d 1105 (1986)
Jurisdiction
DC (municipal)
Effective Date
1986-01-24

Other Sections in This Document (62)

Full Text

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It is important in this case to recognize the difference between the rent actually paid for an apartment and the rent ceiling established for that apartment. Under the 1977 Act, “no landlord of any rental unit subject to this subchapter may charge or collect rent for such rental unit in excess of [the applicable rent ceiling].” D.C.Code § 45-1687(a) (1980 Supp.). The rent ceiling is computed initially by adding to the “base rent” (the “rent legally charged or chargeable on October 31, 1977,” D.C.Code § 45-1681(a) (1980 Supp.)) a percentage of that rent, which varies according to the number of services the rent covers. D.C.Code § 45-1687(a) (1980 Supp.). It can be altered later to reflect changed circumstances. On the landlord’s petition, the RAO may allow an increase in a rent ceiling under D.C.Code § 45-1688 (1980 Supp.) for any of four reasons: to allow the landlord to recover the cost of capital improvements (D.C.Code § 45-1691 (1980 Supp.)); to include the cost of an increase in services or facilities provided (D.C.Code § 45-1692 (1980 Supp.)); to “generate ... a rate of return” of not more than eight percent (a “hardship petition,” D.C.Code § 45-1693 (1980 Supp.)); and to compensate for a vacancy in the unit, when the tenant either moves out voluntarily or is evicted for certain specified reasons, including non-payment of rent (D.C.Code § 45-1694 (1980 Supp.)). The Commission may also adjust rent ceilings throughout the District of Columbia once a year to reflect changes in the Consumer Price Index. D.C.Code § 45-1687(b) (1980 Supp.). 5 *1108