Code of the District of Columbia

Chapter 35A. Rental Housing: Tenant Advocacy.


§ 42–3531.01. Short title.

This chapter may be cited as the “Office of the Chief Tenant Advocate Establishment Act”.


(Oct. 20, 2005, D.C. Law 16-33, § 2061, 52 DCR 7503; Oct. 1, 2007, D.C. Law 16-181, § 2(a), 53 DCR 6703.)

Effect of Amendments

D.C. Law 16-181 deleted “of 2005” following “Act”.

Emergency Legislation

For temporary (90 day) addition, see § 2061 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.02. Purpose.

The purpose of this chapter is to establish the Office of the Tenant Advocate as an independent agency to advocate on behalf of the education of, and outreach to, tenants and the people of the District.


(Oct. 20, 2005, D.C. Law 16-33, § 2062, 52 DCR 7503; Oct. 1, 2007, D.C. Law 16-181, § 2(b), 53 DCR 6703.)

Effect of Amendments

D.C. Law 16-181 substituted “as an independent agency” for “as an office within the Department of Consumer and Regulatory Affairs”.

Emergency Legislation

For temporary (90 day) addition, see § 2062 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.03. Findings.

The Council finds that, despite the fact that the District has some of the most comprehensive pro-tenant laws in the United States:

(1) Tenants in the District are under-informed of their rights.

(2) It is difficult for tenants to obtain information.

(3) Tenants cannot usually afford legal representation.

(4) Tenants are under-informed about dispute mediation and adjudication options available to tenants in the District through the courts and through the Office of the Attorney General.

(5) Few tenants have time for self-advocacy because of their full-time employment.

(6) Tenants in the District need an independent Chief Tenant Advocate to act on their behalf as repository of information and resources to help guide tenants through the landlord-tenant system in the District.

(7) The establishment of an independent Office of the Tenant Advocate will provide a valuable resource for the government and residents of the District.


(Oct. 20, 2005, D.C. Law 16-33, § 2063, 52 DCR 7503; Oct. 1, 2007, D.C. Law 16-181, § 2(c), 53 DCR 6703.)

Effect of Amendments

D.C. Law 16-181, in par. (6), substituted “independent Chief Tenant Advocate” for “office at the Department of Consumer and Regulatory Affairs”; and, in par. (7), substituted “independent Office of the Tenant Advocate” for “Office of the Tenant Advocate within the Department of Consumer and Regulatory Affairs”.

Emergency Legislation

For temporary (90 day) addition, see § 2063 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.04. Definitions.

For the purposes of this chapter, the term:

(1) “Chief” means Chief Tenant Advocate established by § 42-3531.06.

(1A) "Closure order" means any order by a District agency requiring relocation of tenants.

(2) “Office” means the Office of the Tenant Advocate established by § 42-3531.05.

(2A) "Owner" shall have the same meaning as provided in § 47-802(5).

(3) Repealed.

(4) “Tenant” and “tenant organization” shall have the same meaning as in § 42-3401.03(17) and (18), and shall include any other tenant organization.


(Oct. 20, 2005, D.C. Law 16-33, § 2064, 52 DCR 7503; May 2, 2015, D.C. Law 20-271, § 266(a), 62 DCR 1884; Feb. 18, 2017, D.C. Law 21-211, § 2(a), 63 DCR 15307.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-271 repealed (3).

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the changes made to this section by D.C. Law 21-211 have been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the change made to this section by § 2(a) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 2064 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see § 266(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 266(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 42–3531.05. Establishment of Office of the Tenant Advocate.

The Office of the Tenant Advocate is established as an independent agency within the District government.


(Oct. 20, 2005, D.C. Law 16-33, § 2065, 52 DCR 7503; Oct. 1, 2007, D.C. Law 16-181, § 2(d), 53 DCR 6703.)

Section References

This section is referenced in § 42-3531.04.

Effect of Amendments

D.C. Law 16-181 substituted “independent agency within the District government” for “office within the Department of Consumer and Regulatory Affairs”.

Emergency Legislation

For temporary (90 day) addition, see § 2065 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”

Editor's Notes

Transfer of functions of Office of the Tenant Advocate of the Department of Consumer and Regulatory Affairs: Section 4 of D.C. Law 16-181 provided: “All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Office of the Tenant Advocate of the Department of Consumer and Regulatory Affairs relating to the duties and functions assigned herein are transferred to the independent Office of the Tenant Advocate.”


§ 42–3531.06. Chief Tenant Advocate of the Office of the Tenant Advocate.

(a) There shall be a Chief Tenant Advocate who shall be responsible for the administration of the Office and implementation of the duties of the Office.

(b)(1) On or after October 1, 2007, the Chief shall be appointed by the Mayor with the advice and consent of the Council for a term of 3 years, unless sooner removed by the Mayor for cause. Any unexpired term as of October 1, 2007 shall expire on that date.

(2) A person appointed to fill a vacancy of this office shall be appointed only for the unexpired term of the Chief whose vacancy is being filled.

(c)(1) The Chief shall be a statutory officeholder in the Excepted Service pursuant to § 1-609.08 and shall receive annual compensation under the Excepted Service salary schedule in an amount determined by the Mayor. No employee of the Office, other than the Chief, shall receive annual compensation above the level of that received by a District employee at a grade 14 under the District service salary schedule.

(2) The Chief shall be a resident of the District of Columbia or become a resident not more than 180 days after the date of appointment, and shall remain a resident.

(d) The Office shall employ the staff necessary, including attorneys, to assist the Chief in carrying out his or her duties.


(Oct. 20, 2005, D.C. Law 16-33, § 2066, 52 DCR 7503; Oct. 1, 2007, D.C. Law 16-181, § 2(e), 53 DCR 6703; Sept. 11, 2019, D.C. Law 23-16, § 2042, 66 DCR 8621.)

Section References

This section is referenced in § 42-3531.04.

Effect of Amendments

D.C. Law 16-181 rewrote subsec. (b); in subsec. (c)(2), substituted “and shall remain a resident” for “and shall remain a resident, unless temporarily or permanently exempted from these requirements by the Mayor or for good cause”; and, in subsec. (d), substituted “The Office shall employ the staff necessary, including attorneys,” for “The Office shall employ the staff necessary”. Prior to amendment, subsec. (b) read as follows: “(b) The Chief shall be appointed by the Mayor with the advice and consent of the Council. The Chief shall report directly to the Director of the Department of Consumer and Regulatory Affairs.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2042 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2042 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) addition, see § 2066 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.07. Duties of the Office of the Tenant Advocate.

The Office shall:

(1) Provide education and outreach to tenants and the community about laws, rules, and other policy matters involving rental housing, including tenant rights under the petition process and formation of tenant organizations;

(2) Represent the interests of tenants and tenant organizations in legislative, executive, and judicial issues, including advocating changes in laws and rules and reviewing landlord petitions on behalf of tenants;

(3) Advise tenants and tenant organizations on filing complaints and petitions, including petitions in response to disputes with landlords;

(4) Advise and assist tenants and tenant organizations at conciliation meetings;

(5)(A) Represent tenants, at its discretion and as it determines to be in the public interest, in Federal or District judicial or administrative proceedings;

(B) Provide an annual report to the Council on or before February 1 of each year setting forth each tenant request for representation, a description of the circumstances surrounding each request, whether or not the Office provided representation, and the outcome of cases where representation was provided;

(6) Organize tenant and tenant organizations participation in building-wide inspections;

(6A) Provide emergency housing and relocation assistance to qualified tenants, as determined by the Office, including payments for:

(A) The short-term relocation of tenants to hotels, motels, or other appropriate accommodations;

(B) The moving and storage of personal property;

(C) Rental application fees, security deposits, and utility deposits; and

(D) The first month’s rent;

(7) Operate a Tenant Phone Hotline and Tenant Center; and

(8) Publish a Tenant Bill of Rights, which shall be updated periodically, and noticed in the District of Columbia Register.


(Oct. 20, 2005, D.C. Law 16-33, § 2067, 52 DCR 7503; Mar. 8, 2007, D.C. Law 16-236, § 3, 54 DCR 391; Oct. 1, 2007, D.C. Law 16-181, § 2(f), 53 DCR 6703; Sept. 14, 2011, D.C. Law 19-21, § 2072, 58 DCR 6226; Dec. 17, 2014, D.C. Law 20-147, § 2, 61 DCR 8310.)

Effect of Amendments

D.C. Law 16-236 rewrote the section.

D.C. Law 16-181, in par. (2), substituted “interests” for “interest”; rewrote par. (5); in par. (6), deleted “and” from the end; and added par. (6A). Prior to amendment, par. (5) read as follows: “(5) Represent tenants and tenant organizations in court or administrative proceedings;”

D.C. Law 19-21 rewrote par. (6A), which formerly read:

“(6A) Manage and administer the Housing Assistance Fund established by § 42-3403.07; and”

The 2014 amendment by D.C. Law 20-147 added (8) and made related changes.

Emergency Legislation

For temporary (90 day) addition, see § 2067 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 3 of Additional Sanctions for Nuisance Abatement and Office of the Tenant Advocate Duties Clarification Emergency Amendment Act of 2006 (D.C. Act 16-408, June 26, 2006, 53 DCR 5428).

For temporary (90 day) amendment of section, see § 3 of Additional Sanctions for Nuisance Abatement and Office of the Tenant Advocate Duties Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-479, September 22, 2006, 53 DCR 7938).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Additional Sanctions for Nuisance Abatement and Office of the Tenant Advocate Duties Clarification Temporary Amendment Act of 2006 (D.C. Law 16-183, November 16, 2006, law notification 53 DCR 9650).

Short Title

Short title: Section 2071 of D.C. Law 19-21 provided that subtitle H of title II of the act may be cited as “Office of the Tenant Advocate Establishment Amendment Act of 2011”.

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.08. Establishment, purpose, and membership of the Tenant Advisory Council. [Repealed]

Repealed.


(Oct. 20, 2005, D.C. Law 16-33, § 2068, 52 DCR 7503; May 2, 2015, D.C. Law 20-271, § 266(b), 62 DCR 1884.)

Emergency Legislation

For temporary (90 day) addition, see § 2068 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of this section, see § 266(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 266(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 42–3531.09. Housing Assistance Fund.

The Housing Assistance Fund established by § 42-3403.07 [repealed] shall be administered and managed by the Office of the Tenant Advocate.


(Oct. 20, 2005, D.C. Law 16-33, § 2068a; as added Oct. 1, 2007, D.C. Law 16-181, § 2(g), 53 DCR 6703.)

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.10. Rulemaking authority.

The Office of the Chief Tenant Advocate shall promulgate rules, subject to Council approval, to implement the provisions of this chapter.


(Oct. 20, 2005, D.C. Law 16-33, § 2068b; as added Oct. 1, 2007, D.C. Law 16-181, § 2(g), 53 DCR 6703; Feb. 18, 2017, D.C. Law 21-211, § 2(b), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the changes made to this section by D.C. Law 21-211 have been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the change made to this section by § 2(b) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”


§ 42–3531.11. Reimbursement of emergency housing and relocation expenses.

(a) If the Office has provided emergency housing or relocation assistance, as authorized by § 42-3531.07(6A), the owner shall reimburse the District for the assistance, as described in subsection (b) of this section, and all reasonable administrative and incidental expenses incurred by the District in providing the assistance, if:

(1) A closure order requires the housing unit occupied by the tenant to be vacated and closed; and

(2) The conditions that created the emergency:

(A) Arose from circumstances within the control of the owner, including conditions arising from the failure to perform maintenance on the premises, affirmative acts of the owner, or termination of water service or utility services provided by the owner;

(B) Did not arise from an act of God;

(C) Arose from the actions of a person within the control of the owner; and

(D) Were not caused solely by actions of the tenant.

(b) The District may seek reimbursement from an owner for emergency housing and relocation expenses for:

(1) The short-term relocation of tenants to hotels, motels, or other appropriate accommodations for a period of up to 30 days;

(2) Actual moving costs;

(3) The storage of personal property for a period of up to 60 days;

(4) Rental application fees, security deposits, and utility deposits; and

(5) The first month's rent.


(Oct. 20, 2005, D.C. Law 16-33, § 2068c; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 42–3531.12. Assessment of expenses for emergency housing and relocation assistance.

(a)(1) The Chief shall submit a bill to the owner for the cost of providing emergency assistance or relocation assistance, including information on how the owner can pay the bill and, if the owner disputes the charge, how to contest the bill.

(2) The Chief may submit the bill to the owner by personal service or by sending it via first-class U.S. mail to the person who last appears as the owner of the real property on the tax roll on file with the Office of Tax and Revenue, to the last mailing address shown on the tax roll in accordance with § 42-405. The Chief may, by regulation, establish alternative methods of providing the bill to the owner.

(b) Within 30 calendar days after receipt of the bill, the owner shall:

(1) Pay the full amount of the bill; or

(2) Contest the bill and request a hearing to determine liability.

(c) If an owner fails to pay the full amount of the bill or to request a hearing within 30 days after receipt of the bill, the owner shall be liable for the full amount of the bill.

(d) For the purpose of this section, a mailed bill is presumed to have been received by the owner 7 calendar days after the date of mailing.


(Oct. 20, 2005, D.C. Law 16-33, § 2068d; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 42–3531.13. Hearing.

(a) A hearing to determine liability for a bill shall be held before an administrative law judge within the Office of Administrative Hearings and shall be conducted in accordance with § 2-509.

(b) If an owner who requests a hearing fails to appear at a hearing, the administrative law judge may proceed with the hearing and issue a final decision in the case.

(c)(1) The administrative law judge shall decide whether the owner's liability for the amount of the bill, in whole or in part, has been established by a preponderance of the evidence.

(2) If an owner is found liable for any portion of the bill, the administrative law judge may impose an additional penalty of up to twice the amount of the liability for the bill.

(d) If an administrative law judge issues an order finding an owner liable, the owner shall pay the amount due within 30 days after the issuance of the order.


(Oct. 20, 2005, D.C. Law 16-33, § 2068e; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 42–3531.14. Collection.

The Attorney General for the District of Columbia may bring any appropriate legal action, or defend any action, to collect the amount owed by an owner pursuant to this chapter.


(Oct. 20, 2005, D.C. Law 16-33, § 2068f; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 42–3531.15. Liens.

(a) The amount for which an owner has been found liable, including any other charges, costs, penalties, and interest, shall be a continuing and perpetual lien in favor of the District upon all real and personal property belonging to the person named in the notice and shall have the same force and effect as a lien created by judgment. Interest shall accrue as provided in subsection (f) of this section.

(b) The lien shall attach to all property belonging to the owner during the period of the lien, including any property acquired by the owner after the lien arises.

(c) The lien shall have priority over any other lien, except a lien for District taxes and District water charges; provided, that the lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic's lien, or other such creditor interested in the property, without notice, until notice of the lien is filed with the Recorder of Deeds. The lien shall be satisfied by payment of the amount of the lien to the agency that issued the notice.

(d) For reasonable cause shown, the Chief may abate the amount owed by the owner pursuant to this chapter.

(e)(1) As additional means for collection, the Chief may enforce payment of the fines, expenses, costs, penalties, interest, or other charges imposed against the real property in the same manner and under the same conditions that real property tax liens are enforced pursuant to Chapter 13A of Title 47.

(2) Proceeds collected from a sale pursuant to Chapter 13A of Title 47 shall be credited to the Emergency Housing and Relocation Assistance Fund established by § 42-3531.16.

(f) Interest on an amount due pursuant to this section shall be at the rate of 1 1/2% per month, and shall be prorated if interest is owed for a portion of a month.


(Oct. 20, 2005, D.C. Law 16-33, § 2068g; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 42–3531.16. Emergency Housing and Relocation Assistance Fund.

(a) There is established as a special fund the Emergency Housing and Relocation Assistance Fund ("Fund"), which shall be administered by the Office of the Tenant Advocate in accordance with subsections (c) and (d) of this section.

(b) Revenue from interest, costs, expenses, fees, fines, penalties, and other charges collected pursuant to §§ 42-3531.11 through 42-3531.15 shall be deposited in the Fund.

(c) Money in the Fund shall be used to offset some of the costs of providing emergency housing and relocation assistance.

(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.


(Oct. 20, 2005, D.C. Law 16-33, § 2068h; as added Feb. 18, 2017, D.C. Law 21-211, § 2(c), 63 DCR 15307.)

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the creation of this section by D.C. Law 21-211 has been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 2(c) of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).