First Notice of Proposed Rulemaking

Aug. 2019 1st Proposed Rulemaking

On August 2, 2019, the RHC published a first notice of proposed rulemaking in the DC Register for a 90-day public comment period. The proposed rulemaking would amend all of the implementing rules under the Act in Title 14 (Housing) of the District of Columbia Municipal Regulations (“DCMR”), 14 DCMR Chapters 38-44. The six core purposes of the proposed rules are as follows:

1. Implement Statutory Changes in Determining Lawful Rents
2. Implement and Clarify Transfer of Evidentiary Hearing Function
3. Implementation of Other Statutory Changes
4. Codify and Conform to Existing Case Law
5. Update and Improve Operations and Procedures
6. Clarify Language and Increase Specificity

To download a copy of the first proposed rulemaking, please visit the Office of Documents and Administrative Issuances or view as a PDF.

Public Comments on First Notice of Proposed Rulemaking

The Commission received these responses to the first notice of proposed rulemaking:

• RHC Rulemaking 2019-08-02 AOBA Comments 
• RHC Rulemaking 2019-08-02 Burkhardt, C Comments
• RHC Rulemaking 2019-08-02 Coles, B Comments
•  RHC Rulemaking 2019-08-02 Colonna, M Comments
• RHC Rulemaking 2019-08-02 LASDC et al. Comments (1)
• RHC Rulemaking 2019-08-02 LASDC et al. Comments (2)
• RHC Rulemaking 2019-08-02 OTA Comments
• RHC Rulemaking 2019-08-02 Pols, C Comments
• RHC Rulemaking 2019-08-02 RCC Comments
   

Second Notice of Proposed Rulemaking

On November 20, 2020, the Commission published a second notice of proposed rulemaking in the DC Register for a public comment period expiring on January 15, 2021, which was extended to February 16, 2021. To download a copy of the second notice of proposed rulemaking, please visit the Office of Documents and Administrative Issuances or view as a PDF.

During the time between the publication of the first and second notices of proposed rulemaking, the Commission reviewed the extensive comments, posted above, from several organizations and individuals, generally advocating for the interests of either tenants or housing providers. The majority of comments addressed Chapter 42, the rules implementing the Rent Stabilization Program, and those comments were particularly focused on the various terms used to regulate “rent” or the “rent charged,” the timing of rent increases, and the processes and standards for approving voluntary agreements.

This second proposed rulemaking includes changes based on public comments received on the first proposed rulemaking and the Commission’s further review, in cooperation with interagency partners at the Rental Accommodations Division of the Department of Housing and Community Development as well as the Office of Administrative Hearings. View a “redline” markup of changes from the first to second proposed rulemakings here.

Public Comments on Second Notice of Proposed Rulemaking

The Commission held a virtual public hearing to discuss the proposed regulations on Thursday, February 4, 2021. Several public stakeholders appeared and provided testimony and suggestions and answered questions from the Commission and its interagency partners. Video of this meeting is available here.

The Commission received these responses to the second notice of proposed rulemaking:

• RHC 2021-02-16 Comments of Cynthia M. Pols
• RHC 2021-02-16 Comments of DC Office of the Tenant Advocate
• RHC 2021-02-16 Comments of Small Multifamily Owners Association
• RHC Comments of Legal Aid Society of District of Columbia

 

Third Notice of Proposed Rulemaking

On August 20, 2021, the Commission published a third notice of proposed rulemaking in the DC Register for a 30-day public comment period expiring on September 20, 2021. To download a copy of the third notice of proposed rulemaking, visit the Office of Documents and Administrative Issuances or view as a PDF.

During the time between the publication of the second and third notices of proposed rulemaking, the Commission reviewed the extensive comments, posted above. The third proposed rulemaking includes changes based on public comments received on the second proposed rulemaking and the Commission’s further review, in cooperation with interagency partners at the Rental Accommodations Division of the Department of Housing and Community Development as well as the Office of Administrative Hearings. View a “redline” markup of changes from the first to second proposed rulemakings here.

Public Comments on Third Notice of Proposed Rulemaking

The Commission received these responses to the third notice of proposed rulemaking:

• Comments of M. Messing
• Comments of the Legal Aid Society of the District of Columbia
• Comments of Cynthia M. Pols
• Comments of the D.C. Office of the Tenant Advocate

Notice of Emergency and Proposed Rulemaking

On October 13, 2022, the Commission adopted emergency and proposed rules to make a number of technical corrections and minor procedural changes. These rules went into effect immediately and remained in effect until February 3, 2023, when final rules were published.

The notice of emergency and proposed rulemaking is available here in PDF format. You may also view a “redline” markup of the changes from the prior to emergency and proposed rules here.

During the 30-day public comment period, the Commission received the following comment:

• Rulemaking Comment Technical Fixes 2022 - RCCI