MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS, RENTAL HOUSING, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES - RENTAL HOUSING CASES - CONSOLIDATION OF PETITIONS AND EXPANDING THE SCOPE OF A PROCEEDING


Published: 2016-04-29

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2929 Rental Housing Cases – AMENDMENT OF PETITIONS, Consolidation of Petitions and Expanding the Scope of a Proceeding

2929.1 An Administrative Law Judge may consolidate (join) two (2) or more petitions if they present identical or similar issues, involve the same rental unit or housing accommodation, or involve other circumstances in which consolidation would be expedient and would not prejudice the parties. A party may file a motion to consolidate or an Administrative Law Judge may consolidate cases on his or her own motion.

2929.2 If the Administrative Law Judge determines that the issues raised in a tenant petition may affect other tenants or all tenants in the housing accommodation, the Administrative Law Judge may expand the scope of the proceeding to include all affected tenants.

2929.3 Before expanding the scope of the proceeding, the Administrative Law Judge shall provide notice to the affected tenants and the housing provider.

2929.4 That notice shall state the issues to be decided and shall advise the tenants that they have a right to participate in the proceedings and that any decision shall be binding on them.

2929.5 Tenants and the housing provider may present any arguments in support of or opposition to expanding the scope of the proceeding.

2929.6 A party may amend a petition to add additional allegations after the petition has been transferred to OAH, but before the hearing concludes, by moving to amend the petition with the presiding administrative law judge. The movant shall set forth the allegations to be added and the factual basis for those allegations. No written motion to amend will be considered unless it recites that the movant sought to obtain the consent of parties affected, and that such consent was granted or denied, including the identity of the party or parties who declined to consent. If the movant does not obtain a response from the opposing party, the movant must demonstrate that the movant made a good faith effort in accordance with Rule 2813.5.

2929.7 In determining whether a motion to amend a petition should be granted, the Administrative Law Judge will consider: (1) the number of requests to amend; (2) the length of time that the case has been pending; (3) the presence of bad faith or dilatory reasons for the request; (4) the merit of the proffered amendment; (5) any prejudice to the non-moving party; and (6) the orderly administration of justice.

SOURCE: Final Rulemaking published at 53 DCR 5674, 5678 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12578 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).