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Majerle Management, Inc. v. District of Columbia Rental Housing Commission

The court affirmed a ruling by the Rental Housing Commission that a housing provider is liable for the excess rent charged above the lawful rent ceiling, even if the housing provider began collecting the unlawful rent more than three years before the tenant filed a complaint seeking a refund.

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Petition for Review of a Decision of the District of Columbia Rental Housing Commission

Argued January 4, 2001

This petition for review arises from the Rental Housing Commission’s (“RHC”) adjudication of a tenant’s complaint against her housing provider, Majerle Management Inc. (“Majerle”), for asserted rent overcharges and diminution in services and facilities. Although Majerle raises a number of challenges, only two merit extensive discussion: (1) whether the lawful rent ceiling for the tenant was the amount established by the last perfected rent ceiling filing or the unauthorized amount of rent collected before the date reached by the three-year statute of limitations; (2) whether an award for diminution in services and facilities may compensate the tenant for damages occurring not only within the three years prior up to the filing of her complaint, but also through the date of the rehearing.

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