4. DC Rules & Regs

Question 1

The District of Columbia requires that certain documents must be obtained and posted at the property.
These include a _______ ___ ________, and a Housing Business License for residential properties and a General Business License for commercial buildings.

Answer 1

Certificate of Occupancy

Question 2

A Certificate of Occupancy (C of O) is a document that certifies that the use of a building complies with:

Answer 2

Zoning Regulations and Building Codes

Question 3

A new Certificate of Occupancy is required for new building construction or changes in:

Answer 3

• Ownership
• Occupancy Load
• Use

Question 4

The District of Columbia requires a Business License for all multi-family and commercial properties.

Among the key provisions are:

Answer 4

• No person shall operate a housing business in any premises in the District of Columbia without first having been issued a housing business license for the premises by the District.
• The licensee shall have each valid license framed under clear glass or plastic and shall post the license (or cause the license to be posted) in a conspicuous place in the residential building for which that license is issued.
• The Fire Chief and the Directors of the District agencies responsible for enforcement of the housing and health regulations shall inspect every licensed housing business and any premises for which a housing business license application has been filed with the District, and the Chief of Police shall inspect every licensed housing business in accordance with the provisions of this section.
• If the manager of a housing business is someone other than the licensee, that manager shall register his or her full name and address, and the location of the housing business of which he or she is manager, with the license officer for the police precinct in which the housing business is located.
• The manager of a housing business that is first opened for business after promulgation of these regulations shall register within five (5) business days after the opening of the business.
• If the position of manager is created for an existing housing business, or a change in management
of an existing housing business is made, the new manager shall register with the license officer of
the police precinct within five (5) business days.
• Concurrent with filing the application for renewal of a housing business license, the licensee shall file with the Director a report itemizing total security deposits being held for that business pursuant to chapter 3 of this subtitle. The report shall include the nature, location, and amount of the escrow account in which the deposits are being held, and any additional information that may be required by the Director regarding the status of the deposits.

Question 5

The rent control in the District of Columbia is covered under the:

Answer 5

Rental Housing Act of 1985

Question 6

The Rental Accommodations Division (RAD), which is part of the Department of Housing and Community Development’s (DHCD) Housing Regulation Administration (HRA), is responsible for administering

Answer 6

Rental Housing Act of 1985

Question 7

The Act applies to all housing accommodations in the District of Columbia, unless they are specifically exempted by the Act. The most common exemptions are rental units in these categories:

Answer 7

• Federally or District-subsidized rental units
• Rental units built after 1975
• Rental units (including condominium or cooperative units) owned by a natural person who owns no more than four rental units, provided the rental units are registered as exempt
• Rental units that were vacant when the Act took effect
• Housing accommodations under a building improvement plan and receiving rehabilitation
assistance through DCHD

Question 8

Under the Rental Housing Act of 1985, any increase in rent must meet these conditions:

Answer 8

1. The new rent charged may not be more than the prior rent plus an allowable increase, as described below.
2. The increase in rent charged cannot be more than the increase allowed under any single section of the Act.
3. The last increase in rent must have been at least 12 months ago (unless the unit is vacant).
4. The increase must not violate the terms of the lease.
5. The housing accommodation must be properly registered with the RAD.
6. The rental unit and the housing accommodation’s common elements must be in substantial compliance with housing regulations.
7. The housing provider must give a 30-day notice of any increase in rent

Question 9

The most common allowable increase in rent is an annual adjustment, based on the increase in the
Consumer Price Index (CPI-W). For most tenants, the most that their rent can increase is the CPI-W
percentage

Answer 9

plus 2%, but not more than 10%.

Question 10

For tenants who are elderly or disabled, the maximum

increase in rent charged is:

Answer 10

the CPI percentage only, but not more than 5%.

Question 11

Each residential building shall be provided with a water heating facility which is properly connected with the hot water lines of the required fixtures, and which is capable of providing sufficient hot water at a temperature of not less than:

Answer 11

120 degrees

Question 12

In the District of Columbia, a building permit is required for the following:

Answer 12

• New construction and foundations
• Additions, alterations, or repair of existing buildings
• Demolition
• Razes
• Construction of retaining walls, fences, sheds, garages, or vault construction
• Erection of signs or awnings
• Layout of interior space for tenants in new or existing commercial buildings (e.g. changing the floor plan of a building from six one-bedroom apartments to three two-bedroom apartments)

Question 13

A building permit issued by the Department of Consumer and Regulatory Affairs does NOT give
you the authority to:

Answer 13

• Build in or occupy public space
• Remove or prune trees greater than 55” in circumference (18” in diameter) on public or private property. (If your project requires that you prune or remove trees, please contact the Department
of Transportation (DDOT) Urban Forestry Administration)
• Occupy your building after construction. (You must get a Certificate of Occupancy before you open your business or occupy your commercial building.)

Question 14

The District of Columbia has issued regulations related to leases and security deposits. Some of the pertinent regulations are:

Answer 14

• Any security deposit or other payment required by an owner as security for performance of the tenant’s obligations in a lease or rental of a dwelling unit shall not exceed an amount equivalent to the first full month’s rent charged.
• All monies paid to an owner by tenants for security deposits or other payment made as security for performance of the tenant’s obligations shall be deposited by the owner in an interest bearing escrow account established and held in trust in a financial institution in the District of Columbia.
• All monies held by an owner for security deposits or other payments covered by this section shall
be paid into an escrow account within thirty (30) days.
• The housing provider shall post in the lobby of the building and rental office at the end of each
calendar year, the following information: Where the tenants’ security deposits are held and what the prevailing rate was for each 6-month period over the past year.
• Within forty-five (45) days after the termination of the tenancy, the owner shall tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in paragraph, or
• Notify the tenant in writing of the owner’s intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.
• The owner, within thirty (30) days after notification to the tenant pursuant to the requirement of §309.1(b), shall tender a refund of the balance of the deposit or payment, including interest, not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.

Question 15

There are also regulations related to delinquent rents and evictions under the Rental Housing Act. Some
of these are:

Answer 15

• If a housing provider seeks to recover possession of a rental unit on the grounds that the tenant is violating an obligation of the tenancy, the housing provider shall first serve the tenant with a notice to correct the violation or to vacate.
• The notice shall provide at least thirty (30) days for correction of the violation and shall specify what actions need to be taken by the tenant to avoid an eviction.
• The notice to correct the violation or to vacate may state that the housing provider may evict if the violations are uncorrected at the conclusion of the thirty (30) day notice period.
• No tenant may be evicted from a rental unit for any reason other than for non-payment of rent unless the housing provider has properly served the tenant with a valid written notice to vacate and has served a copy of that notice on the Rent Administrator not more than five (5) days after service on the tenant.

Question 16

There are also regulations related to delinquent rents and evictions under the Rental Housing Act. Some
of these are:

Answer 16

• If a housing provider seeks to recover possession of a rental unit on the grounds that the tenant is violating an obligation of the tenancy, the housing provider shall first serve the tenant with a notice to correct the violation or to vacate.
• The notice shall provide at least thirty (30) days for correction of the violation and shall specify what actions need to be taken by the tenant to avoid an eviction.
• The notice to correct the violation or to vacate may state that the housing provider may evict if the violations are uncorrected at the conclusion of the thirty (30) day notice period.
• No tenant may be evicted from a rental unit for any reason other than for non-payment of rent unless the housing provider has properly served the tenant with a valid written notice to vacate and has served a copy of that notice on the Rent Administrator not more than five (5) days after service on the tenant.
• No action for possession of a rental unit may be initiated by a housing provider before the expiration of the time period set forth in the notice.
• If a housing provider seeks possession of a rental unit by bringing an action in the Superior Court
of the District of Columbia and the basis for the intended eviction is the non-payment of rent, the notice to vacate pursuant to § 501(a) of the Act need not be served on the Rent Administrator.

Question 17

The ________ ___ _______ refers to the requirement that certain types of contracts be in writing in order to be
enforced. If such agreements are not in writing, it does not render them void, only voidable by one or both
parties. Real estate contracts and contracts which extend for more than one year typically fall under the
________ ___ _______.

Answer 17

Statute of Frauds

Question 18

By establishing ________ ________, the government can regulate certain areas of the city for residential,
commercial and industrial uses.

Answer 18

Zoning Classifications

Question 19

Zoning Regulations are also used to control other building aspects within a particular zoning. For example, Zoning Regulations can address:

Answer 19

height limitations, 
density, 
Floor Area Ratios (FAR), 
set backs, 
parking requirements,
green spaces.

Question 20

When a proposed developed is designed to comply with all of the applicable Zoning Regulations for the
site, it is called a:

Answer 20

Conforming Use

Question 21

When a property owner applies to develop a property that conforms to all zoning codes, generally the government cannot interfere with the owner’s rights to proceed. When a property previously complied, but no longer does, it is considered a _____-_____ ______.

Answer 21

Non-conforming Use

Question 22

In some situations, the ______ __ ______ ______ needs to grant a Special Exception for a
permitted use provided certain criteria are met.

Answer 22

Board of Zoning Adjustment (BZA)

Question 23

The BZA is authorized to vary or modify _ ________ any part of the zoning regulations, where because of an exceptional situation, the strict application of the Zoning Regulations result in “exceptional practical difficulties or exceptional and undue hardship” upon a property owner.

Answer 23

A Variance

Question 24

The _______ _____ ______ ________ administers the Rental Housing Conversion and Sale Act of 1980

Answer 24

Rental Conversion and Sale Division (CASD)

Question 25

The Rental Housing Conversion and Sale Act of 1980. The Conversion Act regulates, among other things:

Answer 25

• tenant opportunity to purchase rights,
• tenant first rights of refusal,
• offer of sale notices,
• notices of transfer
• the conversion of property to cooperatives or condominiums.

Question 26

The _______ _____ regulates condominium formation and registration of condominium units before a
developer may offer units to interested buyers.

Answer 26

Condominium Act

Question 27

CASD also administers:

Answer 27

• Structure Defect Warranty Claim Program

- Housing Assistance Payment Program (HAP)

Question 28

Sale and Conversion:
An owner of a housing accommodation who wishes to convert shall provide to each tenant household and to the Conversion and Sale Regulatory Office a ____ __ _____.

Answer 28

request for election

Question 29

Sale and Conversion:
Within _________ days of receipt of the owner’s request for election and after coordinating with the Conversion and Sale Regulatory Office, the tenant organization shall set the date of the election, and notify the owner of the date, time and place of the election.

Answer 29

thirty (30) days

Question 30

Sale and Conversion:

The date of the election shall be within _______ days of receipt of the owner’s request for election.

Answer 30

sixty (60)

Question 31

Sale and Conversion:
A request from an owner or tenant shall be made within _______days of the expiration of the ________ day period allowed for the tenant organization to set a date for an election after coordinating the date with the Conversion and Sale Regulatory Office.

Answer 31

fifteen (15) of the expiration of the thirty (30)

Question 32

Sale and Conversion:
The owner shall provide each of the tenants or subtenants of the housing accommodation at least
____________ days notice of intent to convert to cooperative or condominium ownership. The notice shall be in a form approved by the Conversion and Sale Regulatory Office, and shall set forth the rights of tenants and subtenants pursuant to the Act.

Answer 32

one hundred twenty (120)

Question 33

Sale and Conversion:
The owner shall pay each relocating tenant household a minimum of __________ up to a maximum of _______ if the tenant presents the owner with a receipt or a written estimate from a moving company, truck rental agency or other relocation service.

Answer 33

one hundred twenty-five dollars ($125) minimum

five hundred dollars ($500) maximum

Question 34

Sale and Conversion:
The owner shall pay the relocating tenant within _____ days after receiving a request for
payment under § 4709.3

Answer 34

seven (7)

Question 35

Sale and Conversion:

The offer of sale shall include the following information:

Answer 35

1. The asking price and material terms of the sale;
2. A statement of tenant rights and responsibilities pursuant to the Act;
3. A statement as to whether a contract with a third party exists for the sale of the housing accommodation and that a copy of such contract will be made available to the tenant(s) within seven (7) days after receiving a request; and
4. A statement that the owner will provide to the tenants the following information within seven (7) days after receiving a request for any of the following if applicable:
   a. A floor plan of the building, if available;
   b. An itemized list of monthly operating expenses for each of the two (2) preceding
   calendar years;
   c. Utility consumption rates for each of the two preceding calendar years; and
   d. Capital expenditures for each of the two (2) preceding calendar years.

Question 36

_____ ______ ____ _____ requires rental property owners to provide the District of Columbia with the
opportunity to purchase housing accommodations consisting of five (5) or more rental units, provided that
twenty-five percent (25%) or more of the rental units are (already) “Affordable Units”.

Answer 36

District Opportunity to Purchase (DOPA)

Question 37

The DOPA Offer of Sale must include:

Answer 37

1. The asking price and material terms of sale;
2. A statement as to whether a third party sale contract exists for the housing accommodations and that a copy of any third party sale contract shall be provided to the District within 7 days after receiving a request;
3. A list of tenant rental names and their corresponding unit numbers, along with the current rent charged for each rental unit as of the DOPA Offer of Sale issuance date;
4. A list of vacant rental units, their unit numbers and the current rent charged for each rental unit as of the DOPA Offer of Sale issuance date;
5. A list of Affordable Units, their unit numbers as of the DOPA Offer of Sale issuance date and the owner’s calculations for determining the Affordable Units;
6. A statement that the owner of the property will provide, within 7 days after receiving a request, the following information: monthly operating expenses, utility consumption rates, capital expenditures for the previous 2 years, and a building floor plan.

Question 38

An owner asks the property manager to submit an Offer of Sale under DOPA. The property manager should submit the offer to:
A. The District of Columbia Mayor’s office
B. The District of Columbia Department of Housing and Community Development
C. The District of Columbia Real Estate Commission
D. The Department of Housing and Urban Development

Answer 38

B)

Question 39

The District of Columbia ______ _____ ____ is intended to end discrimination in the District of Columbia based on race, color, religion. national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, and place of residence or business.

Answer 39

Human Rights Act

Question 40

In 1999, the ______ __ _____ ____ was established. The Office is empowered to undertake its own investigations and public hearings on any racial, religious, and ethnic group tensions, prejudice, intolerance, bigotry, and disorder; and on any form of, or reason for, discrimination, against any person, group of persons, organization, or corporations, whether practiced by private persons, associations, corporations, city officials, or city agencies; for the purpose of making appropriate recommendations for action, including legislation, against such discrimination.

Answer 40

Office of Human Rights

Question 41

It is unlawful for any person to practice discrimination in the rental or sale of housing accommodations and commercial space in the District of Columbia on the basis of the following categories:

Answer 41

Race 
Color
Sex (Gender or sexual harassment) 
National Origin
Religion 
Age
Marital Status 
Personal Appearance
Sexual Orientation 
Gender Identity or Expression
Familial Status 
Family Responsibilities
Matriculation 
Political Affiliation
Disability 
Source of Income
Place of Residence or Business 
Victim of an Intra-Family Offense (Domestic Violence)

Question 42

Since property management companies generally hire employees in both the administrative and maintenance fields, they must comply with the District of Columbia Wage and Hours Law. Among the items in the law are:

Answer 42

• Minimum wage (plus $1)
• Time and a half for workweek over 40 hours
• Record keeping for 3 years
• Payroll statement to employee
• Every employer shall pay all wages earned to his employees at least twice during each calendar
  month, on regular paydays designated in advance by the employer
• Whenever an employer discharges an employee, the employer shall pay the employee’s wages earned not later than the working day following such discharge

Question 43

In each lease or rental of a habitation entered into after June 12, 1970, the owner shall provide to the
tenant upon execution within ____ days, a copy of the final lease agreement.

Answer 43

Seven 7 days

Question 44

No owner shall cause to be placed in a lease or rental agreement any provision exempting the owner or
premises from _______________ of the owner or the residential premises from damages for injuries to persons or property caused by or resulting from the negligence of the owner (or the owner’s agents, servants, or employees) in the operation, care, or maintenance of the leased premises, or any facility upon or portion of the property of which the leased premises are a part.

Answer 44

liability or limiting the liability

Question 45

No owner shall place (or cause to be placed) in a lease or rental agreement any provisions:

Answer 45

waiving the right of a tenant of residential premises to a jury trial, or requiring that the tenant pay the owner’s court costs or legal fees, or authorizing a person other than the tenant to confess judgment against a tenant.

Question 46

In each lease or rental of a habitation, the owner shall provide written receipts for:

Answer 46

all monies paid to him or her by the tenant as rent, security, or otherwise, unless the payment is made by personal check.

Question 47

Each owner or operator of a housing business shall install smoke detectors and comply with the requirements of the ______ ______ ____ __ _____

Answer 47

Smoke Detector Act of 1978

Question 48

Some of the sections of the Smoke Detector Act of 1978 that property managers should be familiar with include:

Answer 48

• install at least 1 smoke detector to protect each sleeping
  area
• Except as provided in subsections (b) and (c) of this section, the owner of each dwelling unit,
  hotel, motel, hospital, nursing home, jail, prison, and residential-custodial care facility shall
  directly wire the smoke detector to the power supply of the building
• An owner subject to this subchapter shall maintain each smoke detector in a reliable operating
  condition and shall make periodic inspections and tests to ensure that each smoke detector is in
  proper working condition
• A tenant of a dwelling unit that is not in compliance with this subchapter may purchase, install,
  and maintain a smoke detector or visual alert system, or arrange for proper installation and
  maintenance of a smoke detector or visual alert system, and may deduct the reasonable costs from
  the rent for the dwelling unit.

Question 49

An owner of an apartment building shall post in conspicuous places in the common areas of the
building and provide to each tenant or unit owner, by hand or first-class mail, a written notice that
includes:

Answer 49

(A) Instructions on the operation of the apartment building fire alarm;
(B) Whether the apartment building fire alarm is separate from or connected to the smoke
detectors in the individual dwelling units;
(C) Whether the apartment building fire alarm is connected to the Fire and Emergency
Medical Services Department; and
(D) A warning that in the event of a fire the Fire and Emergency Medical Services
Department must be contacted immediately by calling 911.

Question 50

In order to comply with The District of Columbia’s Laws, Rules and regulations, a property manager either directly, or on behalf of the property owner, is required to maintain certain records.

Answer 50

• A Certificate of Occupancy and Business License
• Security Deposits
• Income Taxes
• Licensure’s Continuing Education requirements

Question 51

Transfer of ownership of a rental accommodation pursuant to foreclosure or foreclosure sale is exempt from:

Answer 51

TOPA

Question 52

Evictions in the District of Columbia are governed under D.C. Code Section 42-3505.01. A property manager needs to understand that a landlord may evict a tenant for only one of ten specific statutory reasons:

Answer 52

1. Nonpayment of rent;
2. Violation of an obligation of tenancy, of which the tenant failed to correct after notice;
3. Tenant performed an illegal act within the rental unit;
4. Landlord seeks in good faith to occupy the rental unit for personal use and occupancy;
5. Landlord sells rental unit to a party who seeks in good faith to occupy the rental unit for personal use and occupancy;
6. Landlord seeks to renovate rental unit in a manner in which tenant cannot safely occupy;
7. Landlord seeks to demolish rental unit;
8. Landlord seeks to substantially rehabilitate rental unit;
9. Landlord seeks to discontinue rental unit for housing and occupancy; or
10. Landlord seeks to convert rental unit to a condominium or cooperative after securing Governmental approval.

Question 53

Judicial process is required for all evictions. Furthermore, in all cases other than _______ ____ _______, a filing with the Rental Accommodations Division (RAD) is required.

Answer 53

non-payment of rent

Question 54

In order to evict a tenant, the landlord must go through the judicial process. The tenant must be given:

Answer 54

1. A written Notice to Vacate (except for non-payment of rent, if the tenant waived the right to notice in the lease);
2. An opportunity to cure the lease violation, if that is the basis for the action; and
3. An opportunity to challenge the landlord’s claims in court.

Question 55

Which of the following is a legal reason for a landlord to evict a tenant?

A. The property experiences a foreclosure
B. The lease expires
C. Landlord wants to occupy the rental unit
D. Landlord sells the building

Answer 55

C. Wishes to occupy the unit