RCC Frequently Asked Questions (FAQ)

Transcription

1 Revised 2/12/18 RCC Frequently Asked Questions (FAQ) What Disclosures are required, when do I provide them and how do I print them? AT APPLICATION Along with your application and any other forms you provide your applicants, you are also required to provide the following from the RCC software: Applicant Disclosure Form ( Housing Provider s Disclosure to Applicant for Rental Unit in the Housing Accommodation ) This form is required to be given at time of Application (not at lease signing), before the application fee is collected. To print this form, select Applicant Disclosure Form from the Disclosure Forms (required) section of the Main Menu. In the pop up window, select the correct unit; enter the date, application fee (if any), security deposit (if any) and the rent amount you plan to charge for this unit. Click [Proceed] and your Disclosure will pop up. Print two copies. The applicant must initial ALL boxes and sign where applicable on both sets, and be offered/given copies of all documents noted in the Disclosure. You sign both sets as well. Keep one signed set on file and give the other signed set to the applicant. IMPORTANT the Applicant Disclosure Form is unique to the unit. If you have a person applying for more than one unit, you should provide this disclosure form for each unit being applied for. Tenant Bill of Rights This form is required to be provided to every Applicant at time of application (not at lease signing). To print this form, select Tenant Bill of Rights from the Disclosure Forms (required) section of the Main Menu. Print two copies. The applicant should fill in name, sign and date at the bottom of the last page. Keep one signed set on file and give the other signed set to the applicant. If this document is not provided to your applicants, you lose your right to increase the rent during that renter s tenancy! AT LEASE SIGNING Once the application is approved and the prospect is ready to rent, assemble your lease package. Include your official lease and any other paperwork your office provides, along with the following required forms from RCC: Notice of Disclosure Forms ( Notice of Tenant Rights Regarding Housing Provider Disclosure Forms ) This form is required to be provided at time of lease signing. From the Disclosure Forms (required) section of the Main Menu, select Notice of Disclosure Form (with Lease Signing). Select the correct unit, type in the tenant name(s), confirm the date showing in the Date field is as you want it and update it if not. Then select [Proceed] and your Disclosure will pop up. Print two copies. You and the tenant(s) should sign both sets. Keep one signed set for the tenant file and give the other signed set to the new tenant. Disclosure of Basis of Rent Charged ( Housing Provider s Disclosure to New and Existing Tenants ) To obtain this form for a new tenant, you must FIRST process the move in into RCC. Do this by selecting Process Move In from the Main Menu (follow the steps below for how to enter a new move in). Once you ve entered the move in, your Disclosure form will pop up automatically. Be advised that you are required to provide this form to the tenant within 15 days of move in; however, we strongly recommend you include this document in the lease package. Thus, you re able to obtain the tenant s signature at lease signing and be done with it. As with all disclosure forms, print two copies; you and tenant sign both, you keep one signed set in the tenant file and give the other signed set to the tenant. We file a File Copy version at DHCD, which must be done within 30 days of move in. We print the disclosures directly from the database, so, you do NOT need to send your Disclosure to us. 1

2 How do I enter a new move in into RCC? DANGER ZONE! When you process a move in, you are replacing current data in our database with the new data you enter into the data fields. Please be extra careful to select the correct unit and key in correct information. From the Turnover Requests section of the Main Menu, select Process Move In. A pop up window will appear. Select the correct building and unit. Type in tenant name(s). Set the tenant s Status G general, E elderly, D disabled, S subsidy/section 8/HCVP, X exempt. Enter the move in date, tab out and then edit the lease expiration date, if necessary. The Notes field is for your use only. Do not use that to notify RCC of anything. (The RCC Rent Roll report has a selection you can check if you d like your notes to appear on that report.) Enter the rent charged amount in the Charged $: field. Leave the Pop Up Move In Disclosure box checked, so your Disclosure will pop up automatically. Disclosure Date This is the just the signature date (it does not affect the move in date). If you don t want the disclosure dated with the move in date (which is the default), use the dropdown menu to make the selection of your choice. You are in the Danger Zone, so you should confirm all fields are correct. Then select [Proceed]. Your move in data will load into our software and your Disclosure of Basis of Rent Charged form will pop up. This form is required to be provided to the tenant within 15 days of move in; however, we strongly recommend making this part of the lease package. Thus, you re able to obtain the tenant s signature at lease signing. Print two copies of this form. You and tenant(s) sign both, you keep one signed set for the tenant file and give the other signed set to the tenant(s). This disclosure must be filed at DHCD within 30 days of move in; however, you do NOT need to send a copy to RCC. We print a File Copy version of the disclosure right from the RCC software to file at DHCD. The tenant changed his/her move in date, but I already processed the move in into RCC. How do I correct that? You should re enter the move in with the new move in date so you re able to obtain a correct move in Disclosure ( Disclosure of Basis of Rent Charge form). Re enter the move in through Process Move in. You ll see the tenant name, move in date and lease expiration already in the fields. Correct the move in date, confirm the lease expiration is correct, then enter the move in rent charge and select [Proceed]. Your move in Disclosure will pop up. IMPORTANT Scroll down to item #7 located at the bottom of the first page of the Disclosure to confirm the new date is reflected in the Rent History as well (only if there was a rent change increase or decrease associated with the move in). Sometimes it'll be corrected; but sometimes the software doesn't update it. If it did, then you can use that new Disclosure. If NOT, do not use that Disclosure! Close out of it and RCC, stating that you had to re process a move in to change the date, but the date in the Rent History needs to be corrected. Please provide the property name, unit #, tenant last name and the correct date. We will make the correction and provide you with instructions for your next step. 2

3 A new tenant cancelled his/her move in and I already entered the move in into RCC. How do I undo that? If you have already processed the move in in RCC and the tenant cancels, you must notify RCC by . Please provide the property, unit number, move in date and statue that the move in was cancelled. We ll clear the move in from the unit and you when done. FYI, PROCESSING A MOVE OUT WILL NOT FULLY CLEAR THE MOVE IN FROM RCC! My tenant wants to transfer from one unit to another in the same building. How should that be reflected in RCC? Transfers should be treated as new tenants into the new unit ALL disclosures are required, as with any new tenant. Process a move out on the old unit to move the tenant out and obtain a Rent Quote with the rent amount you are allowed to charge an incoming tenant. Print the Applicant Disclosure Form for the new unit, Tenant Bill of Rights and the Notice of Disclosure form; printing two copies of each for tenant signatures. Provide one signed set to the tenant and place the other signed set in the tenant file. Then process the move in into the new unit. Print two sets of the Disclosure of Basis of Rent Charged form that pops up and obtain tenant signature. Provide one signed set to the tenant and place the other signed set in the tenant file. I entered a move in into the wrong unit. How do I correct that? First, enter the move in into the correct unit, so you can obtain a correct move in disclosure. Then, review a Rent History report from RCC on the wrong unit to determine what adjustments need to be made to the tenant name, move in date and possibly the rent charge. There will likely be a vacancy increase from the errant move in that will need to be removed; and, a future increase may be missing for the current tenant, etc. Send an to RCC informing us a move in was mistakenly entered in that unit (provide the property name and building/unit number in the Subject Line). So we re able to restore the current tenant s data into that unit, you also must provide the current tenant name(s), move in date, lease expiration, current rent charge and any other corrections that need to be made in the Rent History of that unit (i.e., a missing future increase, etc.). 3

4 I entered a move in with the wrong move in date. How do I correct that? If you entered a move in with an incorrect move in date, you must re enter it with the correct date so you re able to obtain a correct move in Disclosure ( Disclosure of Basis of Rent Charge form). Re enter the move in through Process Move in. You ll see the tenant name, move in date and lease expiration already in the fields. Correct the move in date, confirm the lease expiration is correct (if not, edit it), then enter the move in rent charge and select [Proceed]. Your move in Disclosure will pop up. IMPORTANT Scroll down to #7 located at the bottom of the first page to confirm the new date is reflected in the Rent History as well (only if there was a rent change increase or decrease associated with the move in). Sometimes it'll be corrected; but sometimes the software doesn't update it. If it did, then you can use that new Disclosure. If NOT, do not use that Disclosure! Close out of it and RCC, stating that you had to re process a move in to change the date, but the date in the Rent History needs to be corrected. Please provide the property name, unit #, tenant last name and the correct date. We will make the correction and provide you with instructions for your next step. I entered a move in with the wrong rent charge. How do I correct that? You must re enter the move in with the correct rent charge amount, so you re able to obtain a correct movein Disclosure ( Disclosure of Basis of Rent Charge form). This is very important, because the Disclosure you already have has the wrong rent charge! Re enter the move in through Process Move in. You ll see the tenant name, move in date and lease expiration already in those fields. Confirm all of that information is accurate, enter the correct rent charge in Charged $:, select [Proceed]. Your move in Disclosure will pop up. Scroll down to item #6 to confirm the correct rent charge is listed. Also check that item #7 updated the correct rent charge in the Rent History (this is only if there was a rent charge change from the prior tenant s rent). If it did, then print two copies of the Disclosure; you and tenant(s) sign both, you keep one signed set for the tenant file and give the other signed set to the tenant(s). If NOT, do not use that Disclosure and contact RCC for assistance. (Lease renewal) The tenant signed a new lease with NO increase. How should that be reflected in RCC? Update the lease expiration date in RCC through Change Unit Information. (NOTE do NOT try to change the move in date; it is not a lease start date, so should be left as is.) Since increases are processed 45+ days in advance, there may be an increase that should be rescinded. To check this, you should review a Rent History report from RCC. If you find that there is an increase you need cancelled, send an request to RCC (include property name, unit # and tenant last name). With your update to the lease expiration date, this unit won t appear eligible for an increase until the day after the new lease expires. 4

5 I want to use an approved Petition to increase a new tenant. How do I know if, and how much, I can assess from the Petition? NOTE: You cannot increase a new tenant from the Petition if there is any increase within the previous 12 months of the move in date of the new tenant. If there was an increase within 12 months, the only type of increase you can take is a Vacancy Increase. Run a Rent Quote to confirm you are allowed to increase the incoming tenant from the Petition. If a rent charge amount referring to the Petition # does not appear on the Rent Quote, the Petition CANNOT be used. If the Petition is available to use, the petition line will appear on the Rent Quote just below the Max New Rent Based on Highest Comparable: line on the Rent Quote. If you do NOT see the petition amount on the Rent Quote and you want to know when the last increase was, you should view a Rent History report in RCC for that unit. The Rent History report is located in the Reports section of the Main Menu. If the 12 month mark from the date of the last increase is in the near future, you can re run the Rent Quote, entering the projected move in date as of 12 months from that date of last increase. Then the petition amount will appear on the Rent Quote. However, the incoming tenant can t move in prior to that future date! How do I enter a move in as it relates to a Petition? (Hardship Petition, Voluntary Agreement, etc.) If you haven t already done so, you first need to run a Rent Quote to confirm you are allowed to increase the incoming tenant from the Petition. If a rent charge amount referring to the Petition # does not appear on the Rent Quote, the Petition CANNOT be used. NOTE: You cannot increase a new tenant from the Petition if there has been an increase within the last 12 months. The only type of increase you can take within 12 months of a prior increase is a Vacancy Increase. From the Turnover Requests section of the Main Menu, select Process Move In. Enter the tenant name(s), select appropriate Status, enter move in date and lease expiration date. Enter the rent charge amount, review all fields for accuracy and then click [Proceed]. If it accepts the rent charge amount, then the increase will be coded as a Vacancy Increase, and you may use the Disclosure that pops up. If you want the increase to reference the Petition, you must RCC with that request. NOTE: Do not use the Disclosure that pops up, since it ll show the increase as a Vacancy Increase, rather than from the Petition. RCC with a request to assign the petition to the increase. If it does not accept the rent charge, you still need to select [Proceed] a second time; to accept the maximum rent charge the software allows (it will be less than what you were trying to enter, but that s o.k.) Close out of the Disclosure window (do not use this Disclosure, since it won t have the correct rent amount). RCC, stating you want the move in rent charge adjusted, using the Petition (Hardship or Voluntary Agreement). Provide the property name, unit #, tenant last name and move in rent amount. We make the adjustment to the Section of the Act, the description and rent charge in the Rent History. Once we make these changes, we you that it s done. At that point, you must re print your move in Disclosure. Go to the Disclosure Forms (required) section of the Main Menu and select Disclosure of Basis of Rent Charged Form (current tenants or re print). Please do NOT go to Process Move in, or you will remove the edits our office just made. 5

6 How do I print a Disclosure of Basis of Rent Charged form for a tenant who has already been moved into a unit in RCC? If you have already moved the tenant into the unit in RCC, do NOT process the move in again. Instead, you should select Disclosure of Basis of Rent Charged (current tenant or re print) from the Disclosure Forms section of the Main Menu to re print the form. (Remember, the Turnover Request section is a Danger Zone!) Can RCC help us file a petition based increase, such as a Capital Improvement, Hardship or 70% Voluntary Agreement? Yes, RCC has extensive experience assembling petition based increases such as Hardship and Capital Improvement petitions, which can be very complicated and lengthy. We also have experience writing 70% Voluntary Agreements. Contact us for more information. We currently have a high vacancy rate and are running rent specials to help lease up our property. Can I write a concession into our lease? Writing a one year concession into a lease is a standard practice. RCC recommends you give that concession up front, rather than over the 12 months of the full lease term. This may alleviate the issue of a tenant paying the lower (concessed) rent amount each month, and then trying to argue that their rent increase upon renewal was not based on the rent they have been paying. NOTE: Extending concessions beyond one year (initial lease term) is NOT standard practice and can be construed as trying to circumvent the rent control law. A unit is showing Vacant in RCC when it should show as occupied. How do I correct that? FIRST, you must determine if it s showing Vacant because the move in was missed, OR if it was entered in RCC, but someone vacated the unit by running a Move Out/Rent Quote. Check the move in date in RCC View a Rent History report (from the Reports section of the Main Menu) to see what the move in and lease expiration dates are in RCC, and if the Rent History is intact and accurate. If the move in date is from the previous tenant, this indicates that the current tenant s move in was never entered into RCC. If the move in date is within 2 months, you should go ahead and process the move in through the RCC website. If it is more than 2 months old, the software won t allow you to process the move in and you ll have to contact RCC to enter it for you. You will need to RCC with the property name, unit #, tenant name(s), move in date, lease expiration date and move in rent charge. If the move in date and Rent History are correct as is, all you need to do is update the tenant name through Change Unit Information. If the history is not correct, since a recent/future increase may have been removed from the history when from the Rent Quote being run; Still add the tenant name back in through Change Unit Information ; Then, RCC, requesting the increase be added back into the history. Provide the effective date and amount. (i.e., Please add the 2/1/17 increase to $1220 back into the history. ) 6

7 A tenant gave notice to vacate. How do I show that in RCC? How do I know what I can legally charge a prospective tenant? Answer Process a Move Out (Rent Quote) DANGER ZONE! When you process a Move Out/Rent Quote, you are interacting with the database, removing tenant names and possibly removing rent charges from the unit s Rent History. Please be extra careful to select the correct unit and key in correct vacate date, etc. First, select the appropriate property. From the Turnover Requests section of the Main Menu, select Process Move Out (produce Rent Quote). A window will pop up. Select the appropriate building and unit. Enter the tenant s vacate date in the Vacate On field. Enter the date you think you ll re rent the unit in the Expected Move In field. Do NOT check the Demo box, since you have a valid notice to vacate. If a future increase exists, the software will alert you of that and give you the option to remove it (which you should do, if your tenant is indeed vacating prior to paying that future increase). Check the 2 nd box to remove that future increase. If the tenant cancels the move out, you can always have us add the increase back into the Rent History. (See below for cancelled move out.) Select [Proceed]. The software will flip the tenant name to Vacant as of the vacate date and your Rent Quote will pop up automatically, providing you with your rent charge parameters for an incoming tenant. Just be sure you do not exceed the maximum allowed rent charge for the next tenant and you ll remain in compliance with DC Rent Control rent charge limitations. The Rent Quote is telling me I can t increase a new tenant now, but that I can in the future. How do I go about doing that? A Step Increase is usually called for when you have a new tenant moving into a unit in which a Vacancy Increase occurred within 12 months of the projected move in date. The Rent Quote will alert you that you can t take an increase until a certain date, because a prior vacancy increase occurred within 12 months of your projected move in date. If you are close to that date, then you have the option of keeping the apartment vacant until that date. Re run the Rent Quote with that later move in date to show the vacancy increase you re allowed to take. However, if you re several months away from that date and want to rent the unit now, you could rent the unit at the current rent charged and assess a step increase as of that eligible date*. Be sure you have step increase wording in the lease or addendum (get that from your attorney) which states the rent will increase on MM/DD/CCYYY to the amount of $XXXX. IMPORTANT You must notify RCC of that future step increase, so we can enter it into the Rent History for you. We ll even include it in that round of increases, send out an increase notice to the tenant and include the unit on the Certificate filed at DHCD. *The increase you assess can only be a CPI based increase not to exceed the current CPI+2% for a general tenant, or the reduced maximum for an elderly/disabled tenant. You cannot assess a vacancy increase, because the unit has to be physically vacant. You would spin it to the tenant as It s your lucky day! Due to rent control limitations, I can t increase the rent until MM/DD/CCYY. So, you re getting a break for X months. 7

8 Rent Quotes are showing ($XXX CI surcharge backed out before calc!). What does this message mean? In the past, RCC s calculation has been very aggressive when calculating vacancy increases. RCC has updated the software to be more conservative by removing a Capital Improvement surcharge increase before calculating any vacancy increases. I processed a Move Out/Rent Quote on the wrong unit. How can I correct that in RCC? Review a Rent History report on that unit (from the Reports section of the Main Menu) to verify the history is intact and accurate, and to see if the tenant name still appears. If the history is correct as is and the tenant name still shows, then all you need to do is reset the vacate date through Change Unit Information. (It ll reset to 12/31/2999, which indicates tenant is not vacating.) If the history is correct as is, but the unit is showing Vacant, then go to Change Unit Information to edit the tenant name. FYI, Change Unit Information is for editing a current tenant s name, change a tenant s status, re set a vacate date or update the lease expiration date for existing tenants. If the history is not correct, since many times a future increase is removed from the history when a Rent Quote is run, you would still select Change Unit Information to either re set the vacate date if the tenant name appears correctly, or edit the tenant name if showing as vacant. Then, RCC, requesting the increase be added back into the history. Be sure to provide the property name, unit #, tenant last name, effective date and rent charge. (i.e., Please add the 2/1/15 increase to $1220 back into the history. ) My tenant cancelled (or delayed) his move out, but I already moved him out of RCC. How do I correct that in RCC? It s not uncommon for a tenant to cancel or delay a move out. When this happens, you should: First, review a Rent History report on that unit (from the Reports section of the Main Menu), to verify the history is intact and accurate, and to see if the tenant name still appears. If the history is correct as is and the tenant name still appears, then all you need to do is reset the vacate date through Change Unit Information. If the history is correct as is, but the unit is showing Vacant, then go to Change Unit Information to edit the tenant name. FYI, Change Unit Information is for editing a current tenant s name, change a tenant s status, re set a vacate date or update the lease expiration date for existing tenants. If the history is not correct, since many times a future increase is removed from the history when a Rent Quote is run, you would still select Change Unit Information to either re set the vacate date if the tenant name appears correctly, or edit the tenant name if showing as vacant. Then, RCC, requesting the increase be added back into the history. Be sure to provide the property name, unit #, tenant last name, effective date and rent charge. (i.e., Please add the 2/1/15 increase to $1220 back into the history. ) 8

9 How do I correct the spelling of a tenant s name? Any correction or update to a current tenant s name or status is done through Change Unit Information. (If the tenant name change is due to a new move in, you must enter that move in through Process Move in ). The tenant signed a new lease with the rent charge remaining the same for another year. Do we do anything in RCC for this? Yes, you should update the lease expiration date to match that of the new lease. Make this change through Change Unit Information. NOTE: There is no field in our system for a lease start date, so you would leave the move in date unchanged. I have a roommate change, with an original tenant still remaining in the unit. How do I show that in RCC? As long as at least one original tenant is still residing in the unit, you should update the tenant name(s) through Change Unit Information do NOT process a new move in. If a new lease was signed, update only the lease expiration date in RCC, keeping the original move in date as is. Once you have updated the tenant name(s), if you want to provide the Disclosure of Basis of Rent Charged form to the new roommate, print that form by selecting Disclosure of Basis of Rent Charged (current tenant or re print) from the Disclosure Forms section of the Main Menu. If you want an updated Disclosure of Basis of Rent Charged form filed for any of the new roommates, you must contact RCC to do so. Why can t we change rent charge on the RCC website? Typically, changing a rent charge amount involves re filing a document with DHCD to perfect the change. All rent charge changes must go through RCC to ensure the correct paperwork is being filed at DHCD. The rent charge in my system doesn t match what is in RCC? If the rent charge in RCC isn t correct, you must first review a Rent History report from RCC for that unit. It s likely you ll discover the reason for the discrepancy. Then contact RCC with the specific changes needed. Rather than just telling us the rent charge should be x, you need to list the effective date of any changes to achieve that correct rent charge. How do I update Market Rents in RCC? Market Rent in RCC is not an actual rent. It is just a target rent for that unit type at that property. Not all of our clients keep their Market Rents up to date some even set them at $0. The Market Rent field appears on several reports from RCC and should be used only as a point of reference when forming your strategy for how much to increase a current tenant upon renewal, or a new tenant upon move in. To edit that Market Rent field in RCC, log in and select the appropriate property. Go to the Data Edits section of the RCC Main Menu and select Change Comparable/Market Rent Information. A window will pop up with the comparable information for that property. Select the Edit link in the last column for each line you want to change. It will open up the fields for editing ( Description, Type, Size and Market Rent ). Once you make your change in the field(s) as you wish for that line, then select Update. Do that for each line. When done, just close that window. NOTE: The Market Rent will be updated for all units assigned to that particular comparable/unit type at that property. 9

10 How do I submit my monthly increases? First, you should review the PDF of your most recent increase worksheet from DHCD Filings and Electronic Documents. Select Rent Charged Increase Worksheet. Files are named by effective date of the increase. All units appearing on the worksheet are those the RCC software deems eligible for an increase; the tenant is no longer under lease and it has been 12 months since the last increase. The amount listed in the CPI Based Increase column will always show the maximum increase you can take, based on the current CPI and tenant s status as entered in RCC. How to submit your increases to RCC: FIRST, review the worksheet PDF (see above) and make any and all corrections in RCC before accessing the worksheet online. *** DO NOT SELECT THE LINK UNTIL AFTER ALL CORRECTIONS ARE MADE IN RCC! *** Only CPI increases can be submitted through the RCC website. Petition based increases or increases for Exempt units must be submitted by printing the PDF worksheet, writing in the increases and then faxing or ing to RCC. Only AFTER all updates/corrections are made in RCC, should you then go to the Main Menu, select the appropriate property and then Process Increase Worksheet your online worksheet will pop up. Enter the amount of increase in the Increase Amount field for each unit you d like to increase. Hit [Enter] and the New Rent Charged field will automatically be calculated for you. After all increases have been entered, scroll to the bottom to sign and submit the worksheet. ONLY YELLOW FIELDS ARE REQUIRED! Enter Desired Mail Date This is NOT a required field, but is there if you d like your notices mailed to your tenants on a specific date. If you don t have a specific date you d like them mailed, we ask that you kindly leave that field blank. We will never mail your notices late, and typically process/mail within a couple business days of receipt of the worksheet. Type your name in the I, the undersigned field. Key in the same name in the Signature field, matching exactly, but add a forward slash before and after (like earmuffs). Type in your Title. Select [Submit]. NOTE Saving your worksheet does not submit it. You must select the [Submit] button to send us your completed worksheet. Once you select [Submit], you are alerted that your worksheet was submitted (via pop up window), a PDF of that worksheet is automatically created online for you, and an notification is sent to RCC. We receive that , print your worksheet and add it to the queue of submitted worksheets for processing. If you d like a copy of the increase worksheet just submitted, you can view/download it from your online account. From the Main Menu, select DHCD Filings and Electronic Documents and then Rent Charged Increase Worksheets (from the dropdown menu). Look for the YEAR MO 01 WEB. Click on it to open, or right click to Save Target As if you want to save it to your PC. 10

11 Can I take a CPI based increase on a vacant unit? Typically, CPI based increases are assessed on occupied units, usually upon renewal. If a unit is vacant, a Vacancy Increase is taken upon move in of the new tenant. Only the most aggressive property managers take CPI increases on vacant units. The majority of our clients do not take CPI increases on vacant units, so we recommend you consult your attorney before proceeding. If you are advised that you can do so, let us know and we will process for you. A bit about the process: When a CPI based increase is assessed on an occupied unit, a notice is mailed to the tenant and the tenant s increase will also be listed on the Certificate of Notice we file at DHCD for you. No notice is produced or mailed for a vacant unit, nor will a vacant unit s increase be listed on the Certificate. That said, if you want a CPI based increase assessed on a vacant unit and you want that vacant unit to appear on the Certificate filed at DHCD, you must change the tenant name to Vacant. (add a period at the end of the word) to trick our software into viewing it as a tenant name and not vacant. A notice is produced for the unit (but not mailed) and it will appear on the Certificate filing. Why do we have to mail rent increase notices 33 days in advance? I thought the law stated that a 30 day advance notice was sufficient. The rent control law actually states thirty (30) days plus sufficient time for mail delivery, thus the three extra days. A tenant s status changed to elderly/disabled. How do I complete that process in RCC? You do not need to fax/ the application to us. You keep that in the tenant file. Go into Change Unit Information in RCC and edit the Status to elderly or disabled. Review a Rent History report from RCC on the unit. If a recent CPI increase does need to be reduced to the lower rate, RCC with the property name as it appears in RCC, the unit number, tenant name and effective date of the increase you want adjusted. We will then make the rent change in RCC. For increases effective 5/1/17 4/30/18, you are limited to a 0.3% increase on an elderly or disabled tenant (which is less than the 1.1% CPI). You must review a Rent History report for the unit to determine if there is a recent CPI increase that should be reduced to 0.3%. If there is NO increase to adjust, there is nothing further to do. The next CPI increase will automatically be calculated on the upcoming increase worksheet at the elderly/disabled rate for you. If an increase was reduced, we then a PDF file of the revised Rent Increase Notice to you. You ll be instructed to hand deliver it to the tenant, informing him/her that it replaces the original rent increase notice previously mailed to him/her. We will also generate a new Certificate showing the reduced rent amount, and file that at DHCD on your behalf. 11

12 IMPORTANT INFORMATION REGARDING THE 5/1/17 4/30/18 CPI YEAR The CPI is 1.1%, however the maximum increase allowed for elderly/disabled tenants is 0.3% Rent Control law states that for increases effective 5/1/17 through 4/30/18, you are limited to a 0.3% increase for all elderly or disabled tenants. EXPLANATION: Previously, you were limited to the flat CPI for elderly/disabled tenants. However, pursuant to the law as amended by the Tenant Protection Emergency Act, the maximum rent adjustment shall be the least of: (a) the adjustment of general applicability (1.1% CPI); (b) the Social Security COLA (0.3%); or (c) 5% of the current rent charged. So, effective 5/1/17, the least of these is the Social Security cost of living adjustment of 0.3%. So, if a tenant approaches you that his/her status has changed to elderly or disabled and they have an increase effective 5/1/17 or later, that increase will need to be reduced to 0.3% (rather than the flat CPI). Instructions are on the previous page for what you need to provide RCC to make this change. 12

13 We increased a tenant by the CPI+2%. Months have passed and now the tenant states he/she is elderly. Do we have to refund the tenant that overage for the last few months? It is our opinion that you would be able to make a good case to an administrative law judge that when you gave the increase, the tenant had not completed the proper paperwork; and that you do not have to refund the increase exceeding the reduced rate. That said, do you really want to find yourself at a tenant petition hearing trying to defend that for a mere 2% for three months? It s just easier to lower the rent, refund or credit the tenant the difference and notify us so we can generate a new rent increase letter to replace the old one. See Page 11 for how to do that. The tenant signed a new lease and we re keeping him/her at the same rent charge. How do I reflect that in RCC? Update the lease expiration date in RCC through Change Unit Information to match the new lease expiration date. Do NOT update the move in date; that is a move in date, not a lease renewal date. Once changed, this tenant won t appear eligible for his/her next increase until one day after the lease expiration date. We agreed to reduce a tenant s recent increase. How do I complete that process in RCC? Send RCC an with the property name, unit number, tenant last name and effective date of the increase you d like adjusted. We then make the rent charge edit in RCC. We make that change and a PDF file of the revised Rent Increase Notice to. You ll be instructed to hand deliver it to the tenant, informing the tenant that it replaces the original rent increase notice. We will also generate a new Certificate showing the reduced rent amount, and file that at DHCD on your behalf. 13

14 How can I get a copy of a rent increase notice? I lost my increase worksheet. How do I get a new one? How can I get a copy of a filing (Move in Disclosure or Certificate of Notice)? Do you have a copy of my RAD Registration/Claim of Exemption Form? After login, select the appropriate property if you have multiple buildings (dropdown menu located just above the Main Menu title). From the Main Menu, click on DHCD Filings & Electronic Documents and a window will pop up. From the dropdown menu, select the type of file you re looking for: Rent Increase Notices Select the file by the effective date of the increase. If you don t know when it was effective, review a Rent History report from RCC for that information. Rent Charged Increase Worksheets Select the file by the effective date of the increase. Those with 2ND" on the end of the file name shows the image of the worksheet with the requested increases entered and taken. Certificate of Notice to RAD of Adjustments in Rent Charged Select the file by the effective date of the increase. Disclosure of Basis of Rent Charged (a.k.a. DBRC or Move in Disclosure) Disclosures are filed by movein date and unit number, or by move in date range if there are two or more Disclosures for that time period. OTHER forms also uploaded here: RAD Registration/Claim of Exemption Form, Housing Provider s Amended Registration Form, BBL (Basic Business License) and Certificate of Occupancy. If you have provided these documents to us, we have scanned and uploaded them here for safe keeping. NOTE The Applicant Disclosure Form, Tenant Bill of Rights and the Notice of Disclosure Form are not archived here, since they are not required to be filed. You must keep your signed copies in your applicant/tenant files! To view/download e files for the next property if applicable, be sure to change the property selection from the Main Menu screen first. What determines unit comparability? The Comparability: 213(a)(2)(b) For the purposes of this section, rental units shall be defined to be substantially identical where they contain essentially the same square footage, essentially the same floor plan, comparable amenities and equipment, comparable locations with respect to exposure and height, if exposure and height have previously been factors in the amount of rent charged, and are in comparable physical condition. What if two units with the same Comparable Code have the same rent? How does the system decide which unit to use? The RCC software uses an algorithm to find the unit in the same tier first and then the closest to the floor next. 14

15 Housing Code Violations All Housing Code Violation Notices issued within the last 12 months, even if they re reconciled; and any Housing Code Violation Notices issued earlier but still outstanding (unabated), must be entered into RCC so they appear on the Applicant Disclosure Form. Part of that disclosure process at application is to inform your applicants of any pending or resolved violations. Once the 12 month period is up, delete them from RCC. Add/delete violations by going to the Data Edits section of the RCC Main Menu and select Change Housing Code Violations. Click on the Add Row button located on the lower left hand corner of the window, to add a new violation. Then select Edit on the row, which will open up the fields in that row to add/edit data [Date, Violation #, Description and Status (P=Pending, R=Resolved)]. When a violation has been resolved, and it has been 12 months, you can delete that row by selecting the row, and then Delete. If you are unable to see an [Edit] function, it means your login needs to be upgraded to a higher level. Have your manager Terri at RCC with the request to add that to your login. We have a unit we would like to use as an office, but we may want to re rent it in the future. How do we show that in RCC? First of all, is this unit already exempt from rent control? Does this unit appear on the RAD Registration/Claim of Exemption form as exempt? If yes, then you d leave it out of the RCC system while you use it as a corporate unit. When you decide to re rent it to a residential tenant, you ll need to re register this unit using the same RAD Registration/Claim of Exemption form. This form is available on our website in the PDF Forms section of the Main Menu. If you did NOT exempt this unit, it appears in the RCC database with a Rent History, and you want to rent the unit higher than the legal rent as shown in the RCC Rent History; then you would need to file an exemption at DHCD (using the RAD Registration/Claim of Exemption form). Otherwise, if you want to rent it at the legal Rent History rent, our opinion is to just treat it as a residential unit and comply with the rent control law. If you re unclear about the reason for exemption, considering that the Registration/Claim of Exemption form does not have a corporate unit exemption, contact your attorney. 15

16 How should Section 8/HCVP tenants be handled? Section 8 (HCVP) tenants/units are exempt from Rent Control (see Part 4 A of the RAD Registration/Claim of Exemption Form). You have two options when dealing with Section 8 units. 1) You can keep Section 8 units in the RCC database with their current Section 8 rent. Section 8 units will NOT be used as a comparable when taking vacancy increases. The advantage of keeping Section 8 units in our system is that it makes comparing rent rolls easier; or 2) You can have us remove the Section 8 unit from the RCC database. The disadvantage is that it makes comparing rent rolls a little bit harder. Regardless of whether or not you keep Section 8 units in the RCC database, the proper procedure is to file an RAD Registration/Claim of Exemption form to exempt the unit from Rent Control when a Section 8 tenant moves into the unit, and to file another RAD Registration/Claim of Exemption form to re register that unit back under Rent Control, when the tenant vacates the unit. NOTE: You will need to file these forms at DHCD. Unfortunately, we cannot do that for you, as DHCD may have questions for you and there could be fees involved. When the Section 8 tenant vacates and the unit comes back under Rent Control, the law states you can take the average rent for the last 6 months and increase it by 5%. Section 8 tenants have their own set of rules when increasing rents that are not controlled by the normal rent control laws. RCC does not have any expertise in this area, so consult your HUD office or your attorney to comply with those regulations. I received an increase approval from DC Housing for an HCVP/Section 8 tenant. How do I enter that into RCC? Select Enter HCVP/Section 8 Approved Increase from the Data Edits section of the Main Menu and select the correct building/unit. Enter the new rent charged amount in the Approved Rent $: field. Enter the effective date of the new rent charged in the Approved On: field. Select [Process]. If you want to confirm the unit was updated appropriately, you can do so by reviewing a Rent History report in RCC for that unit. (It s a good idea to double check this report.) 16

17 RCC recommends having some sort of binder in the leasing office. Why? RCC recommends you have a binder onsite, containing all of the documents you ll need to show/provide to every applicant. Your binder should include, but not be limited to: (You might want to have your tabs correspond to the numbered items on the Applicant Disclosure Form ) #6 Petitions per this section of the Applicant Disclosure Form, you are required to show the applicant any pending petition or proceedings regarding the housing accommodation and rental unit(s). IMPORTANT You should also have a tab to include all approved petitions pertaining to the housing accommodation and the rental unit(s). #10 Current Basic Business License. #11 RAD Registration/Claim of Exemption Form If you can t locate yours and you previously provided it to RCC, we ve scanned it and posted it to your secure online account. You can view/download this form from the RCC Main Menu (after log in). Select DHCD Filings and Electronic Documents and then RAD Registration Claim of Exemption Form from the dropdown menu. #12 Housing Provider s Amended Registration Form If you have not had any changes listed on the form since the law changed in 2006, we recommend printing a blank copy of this form, drawing a line through it and writing N/A in large letters; just so you have a copy if the tenant wants to view it. (You can download a blank form from the PDF Forms section of our Main Menu). #13 Copies of all Housing Code Violation Notices issued by DCRA for the housing accommodation or rental unit within the last 12 months, and any Housing Code Violation Notices issued earlier but still outstanding (unabated). #14 DHCD Pamphlet What You Should Know About Rent Control in the District of Columbia. If you don t have pamphlets onsite, you can print the PDF directly from the PDF Forms section of the RCC Main Menu. 17