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Office of the Tenant Advocate
 

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Exemptions

Temple v. DC Rental Housing Commission [PDF], 536 A.2nd 1024 (1987) Determination that landlord’s ownership of five rental units rendered him ineligible for the small landlord exemption under the Rental Housing Act, regardless of his occupancy of one of the units, was error as a matter of law; unit occupied by landlord was not rented or offered for rent and thus could not be included in aggregate number of units under landlord’s control for so long as landlord occupied unit.
 
Hanson v. DC Rental Housing Commission [PDF], 584 A.2nd 592 (1991) Landlord met special circumstances exception to requirement that landlord must file for “small landlord” exemption with the rent administrator, where landlord was not a real estate professional and had prepared lease by herself, without hiring a rental agent or attorney, and where she never received notice from the District of Columbia that she was required to file certificate of exemption.
 
Goodman v. DC Rental Housing Commission [PDF], 573 A.2nd 1293 (1990) - Landlord’s basement unit had not been occupied for almost four years when tenant filed his petition claiming that landlord was not entitled to claim small landlord exemption and was thus not “vacant” or “temporarily withdrawn” from the market.
 
Blacknall v. DC Rental Housing Commission [PDF], 544 A.2nd 710 (1988) - For purposes of the exemption from rent control of “any rental unit in any housing accommodation of 4 or fewer units,” when a rental unit has been permanently removed from the market as a rental unit, it does not count in calculation of four units.