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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)

Citation
Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
Parent Document
Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
Jurisdiction
DC (municipal)
Effective Date
2005-03-24

Other Sections in This Document (33)

Full Text

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FARRELL, Associate Judge:
The District of Columbia Rental Housing Commission (RHC or the Commission) upheld a finding of statutory retaliation by a housing provider against tenant-petitioner Mark S. Miller.1 See D.C.Code § 42-3505.02 (2001). The RHC went on, however, to vacate a fine of $2,090 which the Administrative Law Judge (ALJ) had imposed as a sanction because, in the RHC’s view, the ALJ had “failed to make findings of fact or conclusions of law on whether the housing provider acted willfully as is required by the [fine provision] of the [Rental Housing] Act.” Miller now petitions for review of that decision, contending that the RHC erred in concluding that the statutory adverb “willfully” — denoting *558the mental state necessary to permit imposition of a fíne — -requires proof and related findings beyond what the ALJ found in determining that the housing provider had engaged in retaliation.