Davenport v. RENTAL HOUSING COM'N, 89-541
Decision Date | 05 July 1990 |
Docket Number | 89-563.,No. 89-541,89-541 |
Citation | 579 A.2d 1155 |
Parties | Noretzel DAVENPORT, Petitioner, v. DISTRICT OF COLUMBIA RENTAL HOUSING COMMISSION, Respondent. Dominic T. BROWN, Petitioner, v. DISTRICT OF COLUMBIA RENTAL HOUSING COMMISSION, Respondent, Oliver Cowan, Intervenor. |
Court | D.C. Court of Appeals |
Eric M. Rome, Washington, D.C., for petitioner, Noretzel Davenport.
Dominic T. Brown, pro se.
Richard W. Luchs, for intervenor.
Charles L. Reischel, Deputy Corp. Counsel, filed a statement in lieu of brief, for respondent.
Before NEWMAN, BELSON and FARRELL, Associate Judges.
Petitioners challenge the Decision and Order of the District of Columbia Rental Housing Commission upholding an order of the Rent Administrator that approved a 70 percent voluntary agreement between the tenants of Rittenhouse Apartments and the management of Rittenhouse Apartments (housing provider). See D.C.Code § 45-2525 (1990 Repl.). Petitioners contend, among other things, that the Rent Administrator committed the following reversible errors: 1) combining the signatures on three separate versions of the agreement to satisfy the requirements that 70 percent of tenants sign the agreement; 2) allowing the housing provider to submit additional signatures at the hearing; 3) disallowing the attempted withdrawal of any of the signatures; 4) denying the tenants' request for continuance; and 5) determining that the unit occupied by Dr. Putnam was a rental unit. We affirm.
In June 1986, the management of Rittenhouse, a 204-unit apartment building, proposed to its tenants a voluntary agreement for the purpose of changing the type of heating and air conditioning system in the building and of transferring the responsibility for payment of those services to the tenants. At that time, a number of tenants signed the agreement. The tenants then formed a liaison committee to negotiate the agreement. As a result of the negotiations, two addenda—dated July 2 and July 18—were made part of the agreement. Taken together, the signatures on the three versions represented agreement by 70 percent of the tenants.
The housing provider submitted the voluntary agreement to the Rent Administrator for approval, but petitioners filed a petition challenging the validity of the agreement. After conducting a hearing on the objections raised by petitioners, the Rent Administrator approved the agreement.
D.C.Code § 45-2525 (1990 Repl.) provides in pertinent part:
We find no merit to petitioners' contention that the agreement was not valid because the tenants whose signatures were counted to make up the 70 percent required for approval did not all sign the same version of the agreement. The two addenda did not change the central provisions of the voluntary agreement, but rather modified the agreement so as to enhance the rights of the tenants.1 We find no error in the Rent Administrator's ruling that because the three versions were substantially the same, they could be regarded as one agreement for purposes of D.C.Code § 45-2525. See Totz v. District of Columbia Rental Accommodations Comm'n, 412 A.2d 44, 46 (D.C.1980) ( ). There is no inequity in the Rent Administrator's ruling because the later versions, being more beneficial to the tenants, did not impose new obligations upon the original tenant signatories. Cf. Hershon v. Hellman Co., 565 A.2d 282, 284 (D.C.1989) ( ).
We are also not persuaded by petitioners' argument that the Rent Administrator erred in allowing the housing provider to submit additional signatures after having ruled that submission of additional signatures is not permissible after the voluntary agreement is filed. The prospective application of a ruling on an issue of first impression is permissible where, as is the case here, the agency's determination that it should proceed in that fashion is prompted by equitable considerations that weigh against retroactive application. See Securities...
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