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NW v. District of Columbia Rental Housing Commission

Court of Appeals of Columbia District

August 20, 2015

TENANTS OF 710 JEFFERSON STREET, NW, PETITIONERS,
v.
DISTRICT OF COLUMBIA RENTAL HOUSING COMMISSION, RESPONDENT, and STEVEN LONEY, INTERVENOR

Argued June 4, 2014

Page 171

[Copyrighted Material Omitted]

Page 172

[Copyrighted Material Omitted]

Page 173

On Petition for Review of a Decision of the District of Columbia Rental Housing Commission. (SR-20,089).

Paul M. Smith, with whom Melissa A. Cox, Esteban M. Morin, and Ann K. Wagner were on the brief, for petitioners.

Donna M. Murasky, Senior Assistant Attorney General for the District of Columbia, with whom Irvin B. Nathan, Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Loren L. AliKhan, Deputy Solicitor General, were on the brief, for respondent.

Roger D. Luchs for intervenor.

Before FISHER and EASTERLY, Associate Judges, and RUIZ, Senior Judge. OPINION by Senior Judge RUIZ. Opinion by Associate Judge FISHER, dissenting in part.

OPINION

Page 174

Ruiz, Senior Judge

This is the second time this case comes before the court on a petition for review of a decision of the District of Columbia Rental Housing Commission (" the Commission" ). In the first appeal we upheld the Commission's decision denying a substantial rehabilitation petition filed by Steven Loney, the owner of a fourteen-unit residential building at 710 Jefferson Street, Northwest (" the Landlord" ), that was opposed by the tenants of the building (" the Tenants" ). Loney v. District of Columbia Rental Hous. Comm'n, 11 A.3d 753 (D.C. 2010), en banc reh'g denied Feb. 17, 2011. However, we reversed the Commission's calculation of attorney's fees for work performed by The Legal Aid Society of the District of Columbia (" Legal Aid" ) in its successful representation of the Tenants in the administrative proceedings and remanded the case for further consideration of the attorney's fees award. See id. at 759-61. The Tenants subsequently filed a motion in this court requesting fees for Legal Aid's work on the first appeal and on the response to the Landlord's en banc petition, which we referred to the Commission for an initial recommendation. The ...


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