D.C. Mun. Regs. r. 14-4206

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 14-4206 - ANNUAL RENT ADJUSTMENTS OF GENERAL APPLICABILITY

4206.1

An adjustment of general applicability, as provided by § 206(b) of the Act (D.C. Official Code § 42-3502.06(b)) , is an authorized increase in the rent charged for a rental unit that is covered by the Rent Stabilization Program, based on the annual inflation rate, that may be implemented in accordance with this section at the election of the housing provider without prior administrative approval.

4206.2

A housing provider may implement an adjustment of general applicability only if twelve (12) months have elapsed since any previous increase in the rent for the affected rental unit, in accordance with § 4205.7.

4206.3

Prior to March 1 of each year, to be effective on May 1 of the same year, the Commission shall certify and publish in the D.C. Register:

(a) The percent of the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers ("CPI-W") for all items for the Washington-Arlington-Alexandria, D.C.-Md.-Va.-W.Va., Core Based Statistical Area, during the previous calendar year and the effective date after which the CPI-W increase may be used to calculate an adjustment of general applicability;

(b) The most recent annual Social Security COLA; and

(c) The maximum percentage increase in rent charged that may be used to calculate an adjustment of general applicability for an elderly tenant or a tenant with a disability ("protected tenant") in accordance with § 4206.7.

4206.4

A housing provider electing to increase the rent for a rental unit pursuant to an adjustment of general applicability shall do so by serving notice on a tenant in accordance with § 4205.4 and filing notice with the Rental Accommodations Division in accordance with § 4204.10.

4206.5

Each notice of a rent adjustment of general applicability shall be served on a tenant in accordance with § 4205.4(a).

4206.6

Except as provided in § 4206.7, the maximum amount of an adjustment of general applicability that a housing provider may be authorized to implement shall be the lesser of:

(a) The current rent charged multiplied by the sum of:

(1) The current, effective percentage of the CPI-W increase, as published by the Commission in accordance with § 4206.3; plus

(2) Two (2) percentage points; or

(b) Ten percent (10%) of the current rent charged.

4206.7

If a rental unit is occupied by a protected tenant who has registered for protected status and whose application has not been denied in accordance with §§ 4215.104215.15, the amount of a rent adjustment of general applicability that a housing provider may be authorized to implement shall be the lowest of:

(a) The current, effective percentage of the CPI-W increase, published by the Commission in accordance with § 4206.3, of the current rent charged;

(b) The current, effective percentage of the Social Security COLA, published by the Commission in accordance with § 4206.3, of the current rent charged; or

(c) Five percent (5%) of the current rent charged.

4206.8

If a tenant's protected status becomes effective, as provided by § 4215.12, within twelve (12) months of an adjustment of general applicability being implemented for the tenant's rental unit, the housing provider shall, by the effective date of the tenant's protected status, implement a rent rollback to the amount that would be permitted if the prior adjustment of general applicability had been limited by § 4206.7.

D.C. Mun. Regs. r. 14-4206

Notice of Final Rulemaking published at 33 DCR 1336, 1389-90 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2665 (May 2, 1986); Final Rulemaking published at 68 DCR 12638 (12/3/2021)