April 5, 2018
Petition for Review of a Decision and Order of the District
of Columbia Rental Housing Commission (NV-1-09)
S. Blumenthal for petitioner Christine Burkhardt.
Nelson, with whom Carol S. Blumenthal was on the brief, for
petitioners Blake Nelson and Wendy Nelson.
Wassem, pro se.
Lederstein, Assistant Attorney General, with whom Karl A.
Racine, Attorney General for the District of Columbia, Todd
S. Kim, Solicitor General at the time the brief was filed,
and Loren L. AliKhan, Deputy Solicitor General at the time
the brief was filed, were on the brief, for respondent
District of Columbia Rental Housing Commission.
Richard W. Luchs, with whom Debra F. Leege was on the brief,
for intervenor Klingle Corporation.
Jonathan Levy was on the brief for Legal Aid Society of the
District of Columbia, amicus curiae.
Cohn, Dennis Taylor, and Umar Ahmed were on the brief for the
District of Columbia Office of the Tenant Advocate, amicus
Easterly and McLeese, Associate Judges, and Ruiz, Senior
McLeese, Associate Judge
Christine Burkhardt, Blake Nelson, Wendy Nelson, and Donald
Wassem were tenants in the Kennedy-Warren, an apartment
complex owned by intervenor Klingle Corporation. They
challenge an order of the Rent Administrator authorizing
Klingle to issue notices requiring petitioners to temporarily
vacate their apartments so that Klingle could renovate. We
conclude that we lack jurisdiction, and we therefore dismiss
first to the provisions of Title 42 of the D.C. Code that
describe the process by which a housing provider can
temporarily recover possession of a rental unit for the
purpose of renovation. A housing provider must apply to the
Rent Administrator for approval. D.C. Code § 42-3505.01
(f)(1)(A)(i) (2018 Supp.). Such an application must include
an explanation of why the renovations are necessary and
cannot be made while the unit is occupied; a timetable for
renovations; and a relocation plan for the tenant. D.C. Code
§ 42-3505.01 (f)(1)(B)(i), (iv), (v). The relocation
plan must provide for each ...