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Loney v. District of Columbia Rental Housing Commission

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Argued May 11, 2010

Before RUIZ and OBERLY, Associate Judges, and KING, Senior Judge.

Steve Loney filed a petition for substantial rehabilitation of his property at 710 Jefferson Street, Northwest. After several administrative hearings, the hearing examiner of the Housing Regulation Administration, Rental Accommodations and Conversion Division, granted the petition. The tenants appealed the decision of the hearing examiner to the District of Columbia Rental Housing Commission (hereinafter, the “Commission”). The Commission reversed and vacated the petition, finding, among other things, that there was not substantial evidence to support the decision of the hearing examiner. The Commission also awarded attorney’s fees to the tenants for work performed before the Commission. Loney filed the instant petition for review, contending that the Commission made several errors in its decision to deny his rehabilitation petition, including its finding that there was not substantial evidence to support the petition. The tenants cross-petitioned, alleging that the Commission erred in its calculation of attorney’s fees, first by finding that it lacked jurisdiction to determine fees for work performed before the hearing examiner and second by rejecting the hourly rate the tenants requested. We conclude that the Commission did not err in finding that there was not substantial evidence to support the decision of the Hearing Examiner granting Loney’s petition for substantial rehabilitation. We, therefore, do not reach Loney’s other challenges to the ruling of the Commission. We remand to the Commission on the issue of attorney’s fees.

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