14 DCMR § 14-3917
BURDEN OF PROOF
Operative Text
3917.1 The proponent of a rule or order shall have the burden of establishing each finding of fact essential to the rule or order by a preponderance of evidence, except claims or defenses for which the burden is shifted as provided by the Act, Chapters 41-44 of this title, or 1 DCMR Chapter 28 and 1 DCMR §§ 2920-2941. 3917.2 In show cause hearings, the burden of proof shall rest on the Rent Administrator.
Under D.C. Mun. Regs. tit. 14 et seq. § 14-3917, whoever proposes a rule or order in a District of Columbia rent-regulation proceeding generally bears the responsibility of proving each essential fact by a preponderance of the evidence—meaning more likely true than not. Certain claims or defenses shift that burden as specified by the Rental Housing Act and related regulations. In show cause hearings specifically, the burden of proof falls on the Rent Administrator rather than on the party responding to the proceeding.
Plain English — not legal advice.
Property owners and managers involved in rent-regulation proceedings under D.C. Mun. Regs. tit. 14 et seq. § 14-3917 should understand that when they initiate or propose a rule or order, they are generally responsible for substantiating every essential factual finding by a preponderance of the evidence. Compliant operators typically maintain thorough documentation—such as rent rolls, maintenance records, and financial statements—so that required facts can be demonstrated if a proceeding arises. Awareness of the exceptions that shift the burden, as outlined in the Act and related chapters, is part of operating within the District's rent-regulation framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Mun. Regs. tit. 14 et seq. § 14-3917 establishes that in most rent-regulation proceedings, the party seeking a ruling must prove their case by a preponderance of the evidence, which can be relevant when a landlord seeks an order affecting a tenant's housing. In show cause hearings, the burden rests on the Rent Administrator, not the tenant, which may affect how those proceedings unfold. Tenants who believe a proceeding implicates their rights may consider consulting a tenant-rights organization or reviewing the District's rent board resources to understand how burden-of-proof rules apply to their situation.
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
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