How to File an Appeal
- File the appeal in person at the RHC within 10 business days after the date on the decision, or 10 business days after the filing of the motion for reconsideration. If one was filed in Office of Administrative Hearings (OAH), three additional days are allowed for mailing, if the OAH mails the decision. You should be file on time. It is unusual for the RHC to extend the time for filing an appeal. Additionally,
- E-filings are permissible provided they are received/submitted by 4:30 pm on a business day.
- All E-filings should be sent to [email protected].
- Type or print, on 8x11 paper, a Notice of Appeal with a concise statement of the errors, and give reasons to reverse the hearing examiner, or to have another hearing. Attach a certificate of service showing the names of the opposing party served, addresses, date, and manner of service.
- Serve the Notice of Appeal on the opposing party. If the party is represented by an attorney, serve the attorney, or representative.
- Parties represented by counsel and individuals representing themselves, pro se, must comply with all the rules in 14 DCMR 3800-4300 and the Act.
Parties may not have communications about legal issues with the judges, known as ex parte communication; it's against the law. The judges are forbidden from engaging in such communications.
After the Notice of Appeal Is Filed
The RHC will follow these procedures:
- Request the certified hearing record from the Rent Administrator or the OAH.
- Notify the parties or their representatives of the receipt of record.
- Schedule a hearing on the appeal and notify the parties of the hearing date, time, and place.
- Hold the hearing. If the appellant does not appear for the hearing, the appeal may be dismissed.
- Issue a decision after the hearing. The decision may affirm, reverse, or remand the issues in the case to the Rent Administrator or OAH.
Parties who find error in the RHC decision may file a motion for reconsideration within 10 business days, or petition for review with the DC Court of Appeals within 30 calendar days of the RHC decision date, or both.
All pleadings filed with the RHC must be served to opposing parties or their representatives.
Parties may get copies of the hearing tape from the Rent Administrator or OAH before the RHC gets the certified record, or from RHC after it gets the certified record.
Parties desiring transcripts must designate and pay a qualified court reporting company; RHC will transmit the duplicate tape for transcription.
- Sample Notice of Appeal Form [PDF]
- Sample Notice of Appearance Form [PDF]
- Sample Notice of Motion Form [PDF]