14 DCMR § 14-3808
COMMISSION-INITIATED REVIEWS
Operative Text
3808.1 After the time for any party to file a notice of appeal has expired pursuant to § 3802.2, the Commission may, within thirty (30) days, initiate a review of any final order of the Rent Administrator or the Office of Administrative Hearings if the Commission has reason to believe that the order may be erroneous in any material way. 3808.2 The Commission shall serve the parties and representatives of record, if any, who appeared before the Rent Administrator or the Office of Administrative Hearings, with its reasons for initiating a review (“Notice of Commission Review”). 3808.3 A Notice of Commission Review shall provide: (a) A clear and concise statement of any issue(s) that may have been erroneously decided by the Rent Administrator or Office of Administrative Hearings; (b) A statement that the record will be requested in accordance with § 3804, and that a scheduling order will be issued in accordance with § 3802.9; and (c) A statement regarding whether the final order is stayed in accordance with § 3805. 3808.4 The Commission shall provide each party the right to present arguments in accordance with § 3802. The party adversely affected by the issue(s) identified by the Commission shall be treated as the appellant, or the Commission may treat the issue(s) as cross-appealed. 3808.5 Any party may move at any time after the Commission has initiated a review to dismiss the review. A motion to dismiss shall not waive any right to relief that a party may have if the Commission does not dismiss the review and ultimately decides the issue in that party’s favor. 3808.6 Any party may move, prior to the due date of the initial brief, for summary affirmance or reversal of the final order. 3808.7 A Notice of Commission Review shall be issued only by order of a quorum of the Commission. 3808.8 The Commission shall reverse a final order under this section only where the Commission determines that the order contains an error of law or clearly erroneous findings of fact. Neither a party that prevailed before nor a party that was adversely affected by the decision of the Rent Administrator or Office of Administrative Hearings shall bear the burden of proving that the order or the disposition of the issue should be affirmed or reversed.
Under D.C. Mun. Regs. tit. 14 et seq. § 14-3808, the Rental Housing Commission has the authority to independently initiate a review of any final order issued by the Rent Administrator or the Office of Administrative Hearings, even when no party has filed an appeal. This self-initiated review must occur within thirty days after the appeal window closes and only when the Commission has reason to believe the order may contain a material error of law or clearly erroneous findings of fact. All parties who appeared in the original proceeding are notified and given the opportunity to present arguments, and neither side bears the burden of proving whether the order should be affirmed or reversed.
Plain English — not legal advice.
Property owners and managers subject to a Rent Administrator or Office of Administrative Hearings order should be aware that, under D.C. Mun. Regs. tit. 14 et seq. § 14-3808, a final order does not necessarily become settled once the standard appeal period expires. Compliant operators generally monitor whether a Notice of Commission Review has been issued and respond promptly to any scheduling orders or briefing deadlines the Commission sets. Keeping thorough records of all proceedings and maintaining contact information current with the Commission helps ensure that any notice of review is received and addressed in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Mun. Regs. tit. 14 et seq. § 14-3808 gives tenants an important protection: even if no one files a formal appeal, the Rental Housing Commission can step in on its own to review a Rent Administrator or Office of Administrative Hearings decision it believes may be legally or factually flawed. Tenants who are parties to such a proceeding have the right to receive a Notice of Commission Review, to submit arguments, and to move for summary affirmance or reversal before initial briefs are due. Those who receive such a notice may wish to consult a tenant-rights organization or legal aid provider familiar with D.C. housing regulations to understand the available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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