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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)

Citation
Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)
Parent Document
Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)
Jurisdiction
DC (municipal)
Effective Date
1987-12-01

Other Sections in This Document (126)

Full Text

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[14] This court's decision in Revithes, supra, does not compel a contrary conclusion. In Revithes, the agency relied on the landlord's failure to file a Claim of Exemption Statement following a period of a bad faith claim of exemption. Indeed, the rule we upheld in Revithes was: "following a period of a bad faith claim of exemption, a change in status from non-exempt to exempt will become effective only upon the filing of a valid Claim of Exemption Statement." At 1018 (emphasis added). Here, Temple claims an exemption from the start of rent control to 1977. Thus, unlike the landlord in Revithes, Temple's claimed change in status is from exempt to non-exempt. (Clearly, Temple failed to file the required registration statement upon that alleged change in status, see Revithes, supra, at 1018 n. 26, but his failure to file that registration statement is precisely what he is being penalized for here.) Finally, in Revithes, the landlord's claim of exemption was the basis of her defense to nonregistration. Here, Temple's claim of exemption is relevant only insofar as it determines from what year to draw the base rent level.