Section 8-241.05 - Violations(a) In a private cause of action, claim, or defense by a tenant against a residential property owner for a violation of Title 12G of the District of Columbia Municipal Regulations (12G DCMR § 101G et seq.) ("Property Maintenance Code") or Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 100 et seq.) ("Housing Code"): (1) A professional indoor mold assessment finding indoor mold contamination in a tenant's dwelling unit or a common area of the property shall create a rebuttable presumption of a violation of the property owner's obligation to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code. To establish the presumption, the tenant must demonstrate that the property owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant's dwelling unit.(2) When ruling in favor of a tenant with respect to a Property Maintenance Code or Housing Code violation based on a professional mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when: (A) The tenant discovered the indoor mold;(B) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant's dwelling unit;(C) The residential property owner received the indoor mold assessment in written or electronic form;(D) The residential property owner did not remediate the indoor mold within 60 days; and(E) The court finds that the residential property owner acted in bad faith.(b) In issuing a notice of violation to a property owner for failure to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code, the Mayor shall have discretion to rely upon a professional indoor mold assessment. (c) If the Director or the Department of Consumer and Regulatory Affairs ("DCRA") determines that a property has significant indoor mold growth, the Director or DCRA shall direct the residential property owner to remediate the indoor mold in accordance with section 305(c) and issue a notice of infraction. The penalties for a notice of infraction issued pursuant to this subsection shall be as follows:(1) If the indoor mold growth is in an amount equal to or exceeding the standard established pursuant to section 303(a)(1), the violation shall be a class 3 infraction under 12 DCMR § 3201.1(c).(2) If the indoor mold growth is in an amount below the standard established pursuant to section 303(a)(1), the violation shall be a class 4 infraction under 12 DCMR § 3201.1(d).(d)(1) A residential property owner may submit a written request to the Director or DCRA, whichever issued the notice of infraction, to extend the timeline for indoor mold remediation. The Director or DCRA may extend the timeline for remediation when:(A) The residential property owner has made good faith efforts to remediate the mold; and(B) Remediation of the indoor mold requires more than 30 days to complete.(2) The Director or DCRA shall notify the residential property owner and tenant of its decision in writing within 10 business days after receipt of a request pursuant to paragraph (1) of this subsection.(3) A residential property owner or tenant shall have 15 days from the receipt of DCRA or the Director's decision to file an appeal with the Office of Administrative Hearings.(4) DCRA and the Director shall each maintain the following information by fiscal and calendar year:(A) The number of notices of violation issued by the Director or DCRA pursuant to paragraph (1) of this subsection;(B) The number of residential property owners for whom the Director or DCRA imposed a penalty pursuant to paragraph (2) of this subsection, and the average penalty imposed;(C) The number of residential property owners for whom the Director or DCRA agreed to extend the timeline for remediation, pursuant to paragraph (3) of this subsection; and(D) The number of residential property owners who, having received an extension, did not remediate the cause of the notice of violation by the end of the extension period.Amended by D.C. Law 23-188,§ 2, 68 DCR 004171, eff. 3/16/2021.Sept. 9, 2014, D.C. Law 20-135, § 306, 61 DCR 6767.