§ 42-3651.02 — Grounds for appointment of a receiver.

District of Columbia § 42-3651.02

• Jurisdiction: District of Columbia
• Title 42: Real Property.
• Ch. 36A: Tenant Receivership.

Text

(1) A receiver may be appointed if a rental housing accommodation has been cited by the Department of Buildings for a violation of chapters 1 through 16 of Title 14 of the District of Columbia Municipal Regulations or Title 12 of the District of Columbia Municipal Regulations, or its equivalent, which violation poses a serious threat to the health, safety, or security of the tenants; and

(2) The owner, agent, lessor, or manager has been properly notified of the violation but has failed timely to abate the violations; provided, that proper notification shall be deemed to have been effected if a copy of the notice has been served pursuant to applicable law or rule, or as follows:

(A) By personal service on the property owner, lessor, or manager or the agent thereof;

(B) By delivering the notice to the last known home or business address of the property owner, lessor, manager, or agent as identified by the tax records, business license records, or business entity registration records, and leaving it with a person over 16 years of age residing or employed therein;

(C) By mailing the notice, via first-class mail postage prepaid, to the last known home or business address of the property owner, lessor, manager, or agent as identified by the tax records, business license records, or business entity registration records; or

(D) If the notice is returned as undeliverable by the post office authorities, or if no address is known or can be ascertained from the District’s tax, business license, or business entity registration records, by posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.

(b) A receiver may also be appointed if a rental housing accommodation has been operated in a manner that demonstrates a pattern of neglect for the property for a period of 30 consecutive days and such neglect poses a serious threat to the health, safety, or security of the tenants.

(c) For purposes of this section, the term:

(1) "Pattern of neglect" includes evidence that the owner, agent, lessor, or manager of the rental housing accommodation has maintained the premises in a state of disrepair that constitutes a serious threat to the health, safety, or security of the tenants or to the public.

(2) "Serious threat to the health, safety, or security of the tenants" includes violations that involve:

(A) Vermin or rat infestation;

(B) Filth or contamination;

(C) Inadequate ventilation, illumination, sanitary, heating or life safety facilities;

(D) Inoperative fire suppression or warning equipment;

(E) Inoperative doors or window locks; or

(F) Any other condition that constitutes a hazard to tenants, occupants or the public.

Legislative History

Apr. 27, 2001, D.C. Law 13-281, § 502, 48 DCR 1888; Oct. 19, 2002, D.C. Law 14-213, § 32(c), 49 DCR 8140; Mar. 21, 2009, D.C. Law 17-319, § 5(a), 56 DCR 214