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)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
- Miller v. District of Columbia Rental Housing Commission, 870 A.2d 556 (2005)
Full Text
1,136 charsThe RHC was also correct that the ALJ did not make the necessary findings in this case. True, the ALJ recited the requirement of § 42-3509.01(b) that a violation must be shown to be willful before a fine may be imposed, but nothing in his order suggests that he took into account the definitional distinction between "knowing" and "willful" acts. The RHC thus acted properly in requiring findings directed to the meaning of "willfully" before a fine could be imposed. But where the RHC itself erred, we think, was in vacating the fine unconditionally without further proceedings before the ALJ. As stated earlier, the Commission did not hold that the record would not support a conclusion of willfulness; the error it identified in the ALJ's order was the failure to make findings of fact regarding the housing provider's intent or knowledge essential to that determination. Unless the Commission was of the view not apparent from its opinion that such findings could lead to only one conclusion on the record, viz., non-willfulness, the proper course for it was to remand the case to the ALJ for the necessary findings of fact.