(a) If there is a payment of a rent that results in an overpayment, the overpayment shall be credited against other rent periods owed.
(b) The Chief Financial Officer shall refund the rent payment less any other rent owing; provided, that the refund shall not be allowed after 3 years from the date the rent payment was made.
(c) The owner may file a claim for a refund in the manner prescribed by the Chief Financial Officer.
(d) The District shall pay interest on the overpayment beginning 90 days after the receipt of the claim for refund; provided, that for the rent originally due on June 30, 2008, interest on the overpayment shall not accrue before 180 days from the receipt of the claim for refund.
(e) The interest payable by the District under subsection (d) of this section shall be at the rate provided in § 47-3310(c).
(f) The Chief Financial Officer shall issue a final decision concerning the claim for a refund within 180 days from the date that the claim was filed. The owner may, within 45 days from either the date of the final decision or the expiration of the 180 days if no final decision issues, file suit in the Superior Court of the District of Columbia in the same manner and to the same extent as provided in §§ 47-3303 and 47-3304; provided, that the rent, including any interest, shall have first been paid.
(Oct. 17, 1968, 82 Stat. 1159, Pub. L. 90-596, title III, § 305a; as added Dec. 24, 2008, D.C. Law 17-284, § 2(c), 55 DCR 11983; Feb. 26, 2015, D.C. Law 20-155, § 6002(e), 61 DCR 9990.)
Effect of AmendmentsThe 2015 amendment by D.C. Law 20-155, effective Feb. 26, 2015, and applicable July 1, 2015, substituted “Chief Financial Officer” for “Mayor” throughout the section.
Emergency LegislationFor temporary (90 days) amendment of this section, see §§ 6002(e) and 6003(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see §§ 6002(e) and 6003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see §§ 6002(e) and 6003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Editor's NotesSection 4 of D.C. Law 17-284 provided that sections 2 and 3 shall apply as of July 1, 2008.
Section 6003 of D.C. Law 20-155 provided that §§ 6002(a), (c), (d), (e), and (f) of the act shall apply as of July 1, 2015.