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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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The other available sanction for a rent-ceiling violation, a rollback of the rent, is a mysterious creature. Nowhere does the 1977 Act define a rollback or discuss its effect. It appears, however, to be an equitable measure akin to the reformation of a contract. Whereas an adjustment in the rent ceiling changes the maximum amount for which the landlord may lease his unit, a rollback directly affects the terms of the existing lease. It alters the amount of rent on which the landlord and the tenant have already agreed, but it does not limit the range of possible rents that may be collected for the unit at some time in the future; in other words, a rollback has no effect on the rent ceiling. When a landlord charges rent in excess of the applicable ceiling, the treble damages provision of section 45-1699.24(a) penalizes him, but it is the rollback provision which allows the RAO or the Commission to modify the lease to conform to the ceiling. If the landlord cuts back or eliminates services without triggering a rent-ceiling reduction, a rollback serves to bring the rent into line with the services the landlord actually provides.