D.C. Code tit. 42 § 42-3405.08

Administrative proceedings.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/12/2026District of ColumbiaEviction & Just Cause

Operative Text

D.C. Code tit. 42 § 42-3405.08
(a) Any proceeding provided in § 42-3405.04 , § 42-3405.06 , or § 42-3405.07 shall be conducted according to §§ 2-509 and 2-510 and any officer designated to conduct such a proceeding shall not immediately supervise or be subject to supervision by any employee who participates or has participated in the investigation or prosecution of such case.

(b) After any hearing pursuant to this section, and within 10 days after the parties have been notified of the initial decision of the officer who conducted the hearing, if no appeal is taken or no determination is made to review the decision, the Mayor shall adopt and render the initial decision as the final decision and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of § 42-3405.04 , § 42-3405.06 , or § 42-3405.07 , as appropriate.

(c) In the course of, or in connection with any such proceeding, the Mayor or any officer designated by rule may administer oaths or affirmations, take or cause depositions to be taken, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(d) Upon failure to obey a subpoena or to answer questions propounded by the presiding officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.

(e) Any service required or authorized to be made under this section may be made by registered mail or in such other manner reasonably calculated to give actual notice as the Mayor may by regulation or otherwise require.
Source: Legislative text reproduced verbatim
Plain English

D.C. Code § 42-3401.01 et seq. § 42-3405.08 establishes the procedural framework for administrative hearings related to certain housing proceedings in the District of Columbia. It requires that hearing officers be independent from those who investigated or prosecuted the case, and sets a 10-day window after an initial decision for appeals before the Mayor adopts it as final. The Mayor and designated officers hold broad authority to administer oaths, subpoena witnesses, compel document production, and seek court enforcement of subpoenas through the Superior Court of the District of Columbia.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers involved in administrative proceedings governed by D.C. Code § 42-3401.01 et seq. § 42-3405.08 should be aware that hearings follow formal procedural rules, including the right to an impartial hearing officer who has no supervisory connection to investigators or prosecutors on the case. Compliant operators generally respond promptly to any subpoenas or document requests issued under this provision, since failure to comply can result in the Mayor seeking a court order from the Superior Court of the District of Columbia. Keeping organized records of all notices and decisions received is a practice consistent with meeting the procedural timelines this section establishes, including the 10-day appeal window after an initial decision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants who are parties to administrative proceedings under D.C. Code § 42-3401.01 et seq. § 42-3405.08 have the right to a hearing conducted by an impartial officer who is independent from those who investigated or prosecuted the matter. The provision also establishes that if no appeal is taken within 10 days of an initial decision, the Mayor adopts that decision as final and issues binding orders — making it important for tenants to understand their options within that window. Tenant-rights organizations in the District of Columbia can help explain how these procedural protections apply and what general paths exist for participating in or responding to such proceedings.

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.

Effective Timeline

Current
Oct 12, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

D.C. Code § 2-509
Not yet ingested

References In

Rules and statutes that cite this regulation

D.C. Code § 42-3404.02
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02b
D.C. Code § 42-3404.02c
D.C. Code § 42-3404.02d
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03a
D.C. Code § 42-3404.06
D.C. Code § 42-3404.06
D.C. Code § 42-3404.09
D.C. Code § 42-3404.10
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03a
D.C. Code § 42-3405.03a
D.C. Code § 42-3405.12
D.C. Code § 42-3402.10
D.C. Code § 42-3402.10
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02d
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03b
D.C. Code § 42-3404.09
D.C. Code § 42-3404.09
D.C. Code § 42-3404.09
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.16
D.C. Code § 42-3404.32
D.C. Code § 42-3404.33
D.C. Code § 42-3404.36
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.04
D.C. Code § 42-3405.06
D.C. Code § 42-3405.07
D.C. Code § 42-3405.12
D.C. Code § 42-3402.03
D.C. Code § 42-3402.08
D.C. Code § 42-3402.08
D.C. Code § 42-3405.12
D.C. Code § 42-3405.12
D.C. Code § 42-3401.03
D.C. Code § 42-3402.04
D.C. Code § 42-3402.06
D.C. Code § 42-3401.03
D.C. Code § 42-3404.02
D.C. Code § 42-3401.03
D.C. Code § 42-3402.04
D.C. Code § 42-3402.08
D.C. Code § 42-3403.02
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.31
D.C. Code § 42-3405.01
D.C. Code § 42-3401.03
D.C. Code § 42-3401.03
D.C. Code § 42-3402.01
D.C. Code § 42-3402.02
D.C. Code § 42-3402.08
D.C. Code § 42-3403.07
D.C. Code § 42-3404.01a
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02c
D.C. Code § 42-3404.10
D.C. Code § 42-3404.13
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03a
D.C. Code § 42-3401.01
D.C. Code § 42-3401.01
D.C. Code § 42-3402.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.02
D.C. Code § 42-3404.03
D.C. Code § 42-3404.08
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.31
D.C. Code § 42-3404.33
D.C. Code § 42-3404.33

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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Fetched:Oct 12, 2026, 08:20 PM UTC