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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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This court has previously rejected that argument, at least in dictum; and, in any event, the RHC’s interpretation of “willfully” as requiring more than the “knowing” conduct sufficient to constitute a violation of the Act (here retaliation) is a reasonable one that we sustain. There is, however, a problem with the RHC’s disposition. The Commission did not determine — certainly not on the face of its opinion — that no substantial evidence would have supported a conclusion of “willful” conduct by the housing provider. It held only that the ALJ had not made findings directed to that issue and, therefore, to the propriety of imposing a fine. Absent a holding by the RHC that no conclusion of willfulness could be made as a matter of law on this record, the proper course for it was not to strike the fine simpliciter but rather to return the case to the ALJ for findings of fact related to that issue.2 We accordingly vacate the portion of the RHC’s decision striking the fine and remand the case to it for further proceedings. I.