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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Guerra v. District of Columbia Rental Housing Commission, 501 A.2d 786 (1985)

Citation
Guerra v. District of Columbia Rental Housing Commission, 501 A.2d 786 (1985)
Parent Document
Guerra v. District of Columbia Rental Housing Commission, 501 A.2d 786 (1985)
Jurisdiction
DC (municipal)
Effective Date
1985-12-05

Other Sections in This Document (59)

Full Text

671 chars
When there has been no vacancy in fact, there can be no justification for a vacancy increase under section 45-1524(a). If we upheld the vacancy increase in this case, we would be granting the landlord a windfall, in clear violation of the legislative purpose behind the Rental Housing Act. We therefore hold that the April 1982 vacancy increase was improper, and consequently that the November 1982 increase, which was calculated on the basis of the April 1982 increase, was also improper. The decision of the Rental Housing Commission is reversed, and this case is remanded to the Commission for further proceedings consistent with this opinion. Reversed and remanded. 1