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ANC commissioner and advocates say OAH delays let landlords delay repairs, harming tenants
Summary
Speakers told the committee that slow adjudication at OAH weakens Department of Buildings enforcement and creates incentives for landlords to delay repairs; the hearing cited thousands of unresolved housing cases and long waits for judgments.
ANC Commissioner Chuck Elkins told the committee that slow adjudication at OAH has undermined the District's housing enforcement. He cited DOB and OAH data to argue the two systems function as one: when adjudications lag, landlords can delay repairs and rely on appeals to postpone enforcement.
"Since the DOB opened its doors, it has issued 54,744 notices of infraction that today remain unabated, unfixed," Elkins said, arguing that the backlog has turned the enforcement system into a weak deterrent. He said about 9,000 housing code enforcement cases — roughly $24 million in alleged penalties — were sent to OAH without a rendered judgment and that about 2,500 of those cases date back to fiscal year 2024. Elkins and other witnesses urged the council to align OAH and DOB budgets so adjudication capacity matches enforcement activity.
Advocates including Patrick Cawthorn (Children's Law Center) added that children and families suffer when repairs are delayed. The panel asked OAH to prioritize cases that pose immediate health or safety risks, but witnesses said a permanent funding solution is necessary to prevent recurrent backlogs.
