Bernstein Management Corp. v. District of Columbia Rental Housing Commission, 952 A.2d 190 (2008)

Citation: Bernstein Management Corp. v. District of Columbia Rental Housing Commission, 952 A.2d 190 (2008)
Parent Document: Bernstein Management Corp. v. District of Columbia Rental Housing Commission, 952 A.2d 190 (2008)
Jurisdiction: DC (municipal)
Effective Date: 2008-07-10
Original Source: https://www.courtlistener.com/opinion/5143675/bernstein-management-corp-v-dis... ↗

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During the hearing before the Rent Administrator there was no dispute about the rent increases, but petitioner asserted that they were properly made pursuant to an unimplemented rent ceiling adjustment that predated the $772 ceiling imposed in 1996. Petitioner, however, presented no evidence to establish the existence of the claimed rent ceiling adjustment, but took the position that the RACD’s records *193“may be incomplete” and that there “might be” pre-1996 rent ceiling adjustments of sufficient size to justify the rent increases in 2001 and 2002. On September 16, 2003, the Rent Administrator found that petitioner had intentionally charged Ms. Sheppard rent in excess of the rent ceiling over a two-year period, and, based on that fact, awarded to Ms. Sheppard treble damages in the amount of $4,9144 and imposed a civil fine of $2,500 against petitioner. The Rent Administrator discounted petitioner’s vague references to an unimplement rent ceiling and reasoned that, as a large property management company, petitioner could not have mistakenly or inadvertently calculated the rent applicable to Ms. Sheppard’s apartment. Petitioner filed a motion for reconsideration, which was denied.5 Petitioner next sought the Commission’s review. On August 12, 2005, the Commission issued its final decision and order affirming the Rent Administrator’s ruling in all respects. This petition for review ensued. II.

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