(b) The Rent Administrator may employ, within such funds as may be available to him, such personnel and consultants, including legal counsel, as are necessary to carry out provisions of this act. Such personnel and consultants shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.

TITLE II-RENT STABILIZATION PROGRAM

DEFINITIONS

SEC. 201. For the purpose of this act

(a) The term "Council" means the Council of the District of Columbia established under section 401 of the District of Columbia SelfGovernment and Governmental Reorganization Act.

(b) The term "Mayor" means the Mayor of the District of Columbia established under section 421 of the District of Columbia SelfGovernment and Governmental Reorganization Act.

(c) Except as provided in section 204 (d), the term "base rent" means the rent charged (on a monthly basis) for a rental unit on February 1, 1973; or, in the case of a rental unit not rented on February 1, 1973, the rent last charged (on a monthly basis) for that rental unit between January 1, 1972, and February 1, 1973; or, in the case of a rental unit which was not rented during the period begining January 1, 1972, and ending on February 1, 1973 or, if the landlord can show to the satisfaction of the Rent Administrator that the rent charged during that period cannot be determined, an appropriate rent as determined by the Rent Administrator.

(d) The term "capital improvement" means a permanent improvement or renovation other than ordinary repair, replacement, or maintenance, the use of which will continue beyond the twelve month period beginning on the date of completion of such capital improvement.

(e) The term "housing accommodation" means any structure or building in the District of Columbia containing one or more rental units, and the land appurtenant thereto. Such term shall not include any hotel, motel, or other structure, including any room therein, used primarily for transient occupancy and in which at least 60 percent of the rooms devoted to living quarters for tenants or guests are used for transient occupancy.

(f) The term "housing regulations" means the Housing Regulations of the District of Columbia as established by the Commissioners' Order dated August 11, 1955, as amended.

(g) The term "initial leasing period" means that period during which the first tenant of a new rental unit or a rental unit covered by item (6) of subsection (a) of section 202 of this act rents such rental unit.

(h) The term "landlord" means an owner, lessor, sublessor, assignee, or agent of any thereof or other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental unit, including any person who has an option to buy or who has entered into a contract

to buy any housing accommodation or rental unit with the intent to offer such housing accommodation or rental unit for rent,

(i) The term "person" means an individual, corporation, partnership, association, joint venture, business entity, or an organized group of individuals, and their successors and assignees.

(j) The term "related facility" means any facility, furnishing, or equipment made available to a tenant by a landlord, the use of which is authorized by the payment of the rent charged for a rental unit, including the use of any kitchen, bath, laundry facility, parking, and the use of common room, yard and other common area.

(k) The term "related services" means services provided by a landlord, or required by law or by the terms of a rental agreement to be provided by a landlord, to a tenant in connection with the use and occupancy of a rental unit, including repairs, decorating and maintenance, the provision of light, heat, hot and cold water, telephone answering and elevator services, janitor services, and the removal of trash and refuse.

(1) The term "rent" means the entire amount of money, money's worth, benefit, bonus, or gratuity demanded, received, or charged by a landlord as a condition of occupancy or use of a rental unit, its related services, and its related facilities.

(m) The term "rental unit" means any apartment, efficiency apartment, room, single-family house (and the land appurtenant thereto), suite of rooms, or duplex, which is rented or offered for rent for residential occupancy. Such term shall not include any room in a hotel, motel or other structure used primarily for transient occupancy. (n) The term "market value" standing alone means the greater of (1) the total purchase price most recently paid for a housing accommodation; or

(2) the estimated market value of such housing accommodation, for property assessment purposes, as determined by the Mayor. (0) The term "assessed market value" means the estimated market value of such housing accommodation, for property assessment purposes, as determined by the Mayor.

(p) The term "substantial rehabilitation" means any improvement to or renovation of a housing accommodation or a rental unit begun on or after February 1, 1973 for which the total expenditure equals 50 percent or more of the market value of the housing accommodation before such rehabilitation.

(q) The term "tenant" includes a tenant. subtenant, lessee, sublessee. or other person entitled to the possession, occupancy or the benefits thereof, of any rental unit.

(r) The term "maximum possible rental income" means the sum of the rents for all rental units, whether occupied or not, as of the date of the filing of the registration statement.

(s) The term "vacancy loss" shall be the amount of rent not collected (computed on an annual basis) due to vacant units. No amount shall be included for units occupied by a landlord or his employees or otherwise not offered for rent.

(t) The term "uncollected rent" shall be the amount of rents and other charges due but not collected from tenants minus the amount due and not collected from tenants whose location the landlord knows and from whom he has failed to attempt to recover the loss through

legal action in the Superior Court of the District of Columbia or other appropriate forum after having had adequate opportunity to do so.

(u) The term "operating expenses" shall mean the expenses for the upkeep of the accommodation for any consecutive 12 month period in the 15 months immediately preceding the filing of the registration statement required by subsection (b) of section 202, including but not limited to expenses for salaries of on-site personnel, supplies, painting, maintenance and repairs, utilities, professional fees, on-site offices, and insurance.

(v) The term "management fee" shall be the amount paid to a managing agent and any pro rata salaries of off-site administrative personnel paid by the landlord.

(w) The term "property taxes" shall be the amount paid to the District of Columbia Treasurer for real property tax on the housing accommodation.

(x) The term "other income which can be derived from the housing accommodation" shall include but not be limited to fees; commissions; income from vending machines; income from laundry facilities; parking and recreational facilities; late charges; and kindred income which a landlord earns because of his ownership of a housing accommodation other than the gross rental charge.

REGISTRATION AND COVERAGE

SEC. 202(a) Sections 203-212 of this act shall apply to each rental unit in the District of Columbia, except

(1) any rental unit in an establishment which has as its primary purpose the providing of diagnostic care and treatment of diseases, including but not limited to hospitals, convalescent homes, nursing homes, and personal care homes;

(2) any rental unit in any federally owned housing accommodation or in any housing accommodation with respect to which the mortgage or rent is federally subsidized;

(3) any rental unit in a housing accommodation for which the initial certificate of occupancy was issued after February 2, 1973 but such exception shall be effective only during the length of the initial leasing period or for the first year of tenancy, whichever is shorter;

(4) any dormitory of an institution of higher education, or a private boarding school, in which rooms are provided for students;

(5) any rental unit rented to another by the occupant of a housing accommodation of not more than two rental units, whether such occupant is the owner of such housing accommodation or a tenant who rents such housing accommodation; and

(6) any rental unit in any housing accommodation, for the length of the initial leasing period, or the first year of tenancy, whichever is shorter, which for the two years immediately preceeding the effective date of this act has been both vacant and not offered for rent, Provided, That, such housing accommodation is in substantial compliance with the housing regulations. (b) Within, not more than 90 days following the effective date of this act each landlord shall file with the Rent Administrator, on a

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form approved by the Rent Administrator, a registration statement for each housing accommodation in the District of Columbia (whether subject to sections 203-212 of this act or not) and for which he is receiving rent or is entitled to receive rent. The registration form shall contain that information the Rent Administrator may require, including, but not limited to

(1) a description of the housing accommodation, including the address, number of rental units, number of stories, drainage, type of construction, date and number of housing business license issued by the District of Columbia government with respect thereto, and date and number of the certificates of occupancy issued by the District of Columbia government with respect thereto;

(2) a description of the utilities, air-conditioning, and type of heating fuel used for each rental unit in such housing accommodation;

(3) rental information on each rental unit in such housing accommodation for the base rent date including the base rent, the current rent being charged, the amount of the security deposit if any, the related services included, and the related facilities and charges therefor;

(4) the information which is filed in paragraph (3) for the date on which such registration is filed;

(5) in the case of a housing accommodation which has been substantially rehabilitated, the market value of such housing accommodation prior to rehabilitation and the method of computing the market value, a description of such rehabilitation, and an itemized list of expenditures for rehabilitation;

(6) in the case of a housing accommodation which is planned to be substantially rehabilitated or in the process of being substantially rehabilitated, the market value of such housing accommodation prior to rehabilitation and the method of computing the market value, and a description of the proposed rehabilitation:

(7) in the case of a housing accommodation with respect to which the Rent Administrator has permitted, pursuant subsection (a) of section 205 of this act, the amortized costs of capital improvements to be included in the computation of the rate of return according to the formula provided in section 204 of this act, the market value of such accommodation prior to such improvements, a list of all such improvements allowed pursuant to section 205 of this title, and an itemized list of expenditures for such improvements;

(8) a list of any outstanding violations of housing regulations applicable to such housing accommodation;

(9) the name and address of the owner of such housing accommodation and, when applicable, the name of the resident agent;

(10) the information necessary for the Rent Administrator to easily and accurately compute, according to subsection (a) of section 204 of this title, the rate of return for that housing accommodation; and

(11) the rate of return for that housing accommodation as computed by the landlord according to said formula.

(c) On or before the end of the third complete month occurring after the date the initial registration was filed under subsection (b) of this section, and, at the end of each third month thereafter, each landlord shall file with the Rent Administrator as to housing accommodations not excepted by subsection (a) of this section either

(1) a certification of the accuracy of the information on the registration form filed by him;

(2) upon there occurring any change which would not affect the rent which may be charged under this act, a sworn addendum setting forth the new information; or

(3) upon there occurring any change which would affect the rent which may be charged under this act, and if the landlord wants an increase in such rent, a new registration statement. Such new registration statement per item (3) of this subsection may be filed only at the times indicated in this subsection and at no other time.

(d) Each registration form filed under this section shall be available for public inspection at the Office, and each landlord shall keep a duplicate of each registration form posted in a public place on the premises of the housing accommodation with respect to which such registration form applies, Provided, That, each landlord may, in lieu of posting in a public place in each single family housing accommodation, mail to each tenant of such housing accommodation such duplicate of each registration form.

(e) Each registration form filed under this section which meets the minimum requirements established by the act and by the rules of procedure of the Commission shall be assigned a registration number.

(f) Each certificate of occupancy and each housing business license issued to any landlord in the District of Columbia after the effective date of this act shall contain the registration number of those housing accommodations to which such certificate or license applies.

REGISTRATION FEE

SEC. 203. Each landlord of a housing accommodation covered by this act shall pay to the Mayor at the time that he applies for his housing business license and at the time that he applies for any renewal thereof or, in the case of a housing accommodation for which no such license is required, at the time he files his registration statement for that housing accommodation under section 202 (b), an annual registration fee of $2 for each rental unit in a housing accommodation registered by him. Such fees shall be paid from time to time into the Treasury of the United States and credited to the General Fund of the District of Columbia.

RENT CEILING

SEC. 204. (a) Except to the extent provided in subsections (b), (c), and (d) of this section, and section 211 of this title, no landlord may charge or collect rent for any rental unit in excess of the rent computed according to the following formula (hereinafter referred to in this act as the "rent ceiling.")

(1) Step 1: add to the base rent an amount equal to 4 percent of the base rent.