Department of Housing and Community Development

Rental Accommodation Division

Privacy Policy and Procedures Guide

The Department of Housing and Community Development (DHCD) and its contractors respect your right to privacy and will protect it when you submit information or conduct a transaction for transactions filed in the Public Accessible Rent Control Housing Database (Database).  This guide provides you with information you should know about how we protect your privacy relating to the administration of the Rental Housing Act of 1985.

Table of Contents

Introduction

  Purpose of This Privacy Policy and Procedures Guide

  How RAD Collects Personal Information and the Purposes of Data Collection

I.  Personal Information Collection and Disclosure

1.1 Personally-Identifiable Information

1.2 Disclosure of Information

1.3 Records Retention

1.4 Collection and Use of Information

1.5 Collection of Financial and Income Information, Social Security Numbers, Age, and Disability Status

1.6 Information Accuracy

1.7 Standards of Conduct on Personally-Identifiable Information

1.8 Safeguarding Information

1.9 Personnel and Training

1.10 Privacy and Security Incident Response and Breach Notification

1.11 Other Agencies' Records

II.  Personal Information Uses, Access to Records, and Disclosures

2.1 Accessing Records

2.2       Exempt RAD Records

2.3       Denial of Access to Records

2.4       Appeals

2.5       Amending Records

2.6       Routine Uses and Disclosures

2.7       Disclosed Records

2.8       Establishing or Revising RAD Privacy Policy Systems of Records

2.9       Data-Sharing Agreements

2.10     Privacy and Security Complaints to the RPO

III.  Definitions

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Introduction

The Department of Housing and Community Development (DHCD), Rental Accommodations Division (RAD) administers the Rental Housing Act of 1985 (D.C. Official Code 2001 ed., as amended, § 42-3501.01 et seq.), see also title 14, chapters 3800-4400, District of Columbia Municipal Regulations (2004 ed., as amended).  The Rental Housing Act regulates rental housing, including rent control and rent stabilization for certain types of rental housing.  Rent control refers to requirements that all rental housing must be licensed and registered and tenant disclosures.  Rent-stabilized properties are restricted as to the frequency and amount of rent increases.  RAD administers registration, petition, and mediation processes, exemptions from rent stabilization, and eviction notices.  Data is collected in the routine course and operations of RAD's administering the Act and is submitted by housing providers and tenants as required by law for disclosures, registrations, petitions, and other transactions.

Purpose of This Privacy Policy and Procedures Guide

RAD collects and maintains personal information of housing providers, tenants, and their agents, including names, addresses, telephone numbers, email addresses, financial and income information, or occasionally personal identifiers, such as a social security number (SSN).  RAD established policies and procedures to protect personal information of the public and RAD stakeholders.

RAD is committed to respecting individual privacy expectations and building and preserving trust with our stakeholders and preventing privacy harms.  To advance these objectives, RAD developed this privacy policy so we remain responsible for our stewardship of the data we use to administer the Act, carry out the District's business, and provide consistency in our privacy policies and practices.

This Privacy Policy and Procedures Guide (Privacy Policy) is a source of information and guidance for:

• Individuals whose data are collected for regulatory purposes;
• Managers and supervisors who use the data for administrative, monitoring, reporting, and enforcement purposes;
• RAD officials managing privacy policy systems and information;
• Vendors and contractors providing system support services;
• Public stakeholders; and
• DHCD officials responsible for carrying out government functions.

This Privacy Policy provides information on how individuals may obtain and correct their personal information collected by RAD through the Database only.  This Privacy Policy explains roles and responsibilities of DHCD and RAD managers, employees, and vendors or contractors who manage and operate RAD data collection and records.

How RAD Collects Personal Information and the Purposes of Data Collection

To administer the Rental Housing Act of 1985 and exercise its regulatory authority, RAD typically collects data including rental housing addresses and profiles (such as number of units, date constructed, etc.), housing provider information, agent information, tenant information, age and disability status, rent adjustments, financial and income information, and other data deemed necessary.  Data are collected in principally two forms through:

• data entries made electronically and submitted to RAD's Database; and
• hardcopy paper applications, petitions, notices, and disclosures filings.

Data submitted by housing providers and their agents, property managers, tenants and their representatives, and the public are collected.  Users should be aware that the Rental Housing Act of 1985 requires that certain data (including registrations and rent history for rent-stabilized units) must be available for public inspection, but all data are not accessible.  Parties who are not directly involved in a rental accommodation (such as researchers or parties without direct and legal connection to a rental accommodation or a direct legal relationship with a tenant or tenant association, housing provider or agent) will receive general information but not detailed tenant information, which will be redacted or removed.  RAD will collect requestor information, but not web page addresses or information collected for tracking and customization (also known as cookies).

I. Personal Information Collection and Disclosure

1.1 Personally-Identifiable Information

1.2 Disclosure of Information

1.3 Records Retention

1.4 Collection and Use of Information

1.5 Collection of Financial and Income Information, Social Security Numbers, Age, and Disability Status

1.6 Information Accuracy

1.7 Standards of Conduct on Personally-Identifiable Information

1.8 Safeguarding Information

1.9 Personnel and Training

1.10 Privacy and Security Incident Response and Breach Notification

1.11     Other Agencies' Records

1.1       Personally-Identifiable Information.  Personally-Identifiable Information (also called PII) is information that when used alone or with other relevant data, may possibly identify an individual.  PII includes but is not limited to name, address, email, telephone number, date of birth, passport number, fingerprint, driver's license number, or taxpayer number.

Administering the Rental Housing of Act of 1985 requires that RAD collect PII.  RAD routinely collects PII that is used for different purposes and transactions under the Rental Housing Act of 1985.  RAD generally collects the following PII:

• Housing provider and tenant names, addresses, telephone numbers, and email addresses;
• Housing provider financial information and taxpayer identification numbers;
• Tenant date of birth;
• Tenant proof of disability in the form of medical records or physician's statement;
• Photocopy of a tenant's government-issued identification; and
• Tenant proof of income.

Protecting PII is essential for information privacy and information security.

1.2       Disclosure of Information.  No information contained in RAD's records will be disclosed to anyone other than the individual without the written consent of that individual, except when specifically allowed under the Rental Housing Act of 1985 and this Privacy Policy.

Disclosures allowed under RAD's Privacy Policy include:

• To RAD officials and employees in the performance of their official duties;
• Under the Rental Housing Act of 1985 as applicable (D.C. Official Code § 42-3501.01 et seq.);
• Under the District of Columbia Freedom of Information Act, where applicable (D.C. Official Code § 2-531 et seq.);
• District of Columbia Register notices;
• To the United States Bureau of the Census for statistical purposes and only if the record is not identifiable by individual;
• To the District of Columbia Office of the Secretary when the record warrants permanent retention because of historical or other District or national value;
• To law enforcement agencies in civil or criminal cases pursuant to court order;
• For emergencies affecting an individual's health or safety;
• To the District of Columbia City Council or its staff when the record material falls within District of Columbia City Council's jurisdiction or oversight;
• To the Office of the City Administrator (OCA) for oversight purposes;
• The Office of the Inspector General (OIG) for investigatory and legal purposes;
• The Office of the Attorney General (OAG) for investigatory and legal purposes;
• To federal law enforcement authorities for investigatory and legal purposes;
• Under a court order or an agency administrative order or subpoena; or
• To a consumer reporting agency if specifically authorized by law.

1.3       Records Retention.  RAD shall keep a record of any disclosure of personal information according to the DHCD Records Retention Schedule (Nov. 1, 2018 as amended) or by administrative or court order or subpoena.

Note:  No record of disclosure will be made when personally-identifiable information is:

• To RAD officials or employees in the performance of their official duties;
• Required under the Rental Housing Act of 1985;
• Required under the Freedom of Information Act (FOIA);
• Required for law enforcement purposes;
• When records are disclosed under an administrative order or court order or subpoena; or
• The system of records is exempted from disclosure by notice published in the District of Columbia Register.

1.4       Collection and Use of Information.  Personal information used to determine rights, disclosure notices, personal service, compliance, and enforcement must be collected directly from the individual of record whenever possible and used only for the purpose for which it is intended.

1.5       Collection of Financial and Income Information, Social Security Numbers, Age, and Disability Status.  Section 42-3502.24 of the Rental Housing Act allows for collecting an individual's age, disability status, household information, income information, federal social security numbers (SSNs) or a housing provider's federal identification number and financial information.

1.6       Information Accuracy.  Information submitted to RAD must be accurate and complete.  RAD administrators and staff shall undertake best efforts to ensure that the provided information in the data collection system is relevant, necessary, and timely.

1.7       Standards of Conduct on Personally-Identifiable Information.  RAD employees have a duty to protect the privacy and security of personally-identifiable information by:

• Using best efforts to ensure the accuracy, relevance, timeliness, and completeness of records based on the personal information provided by individuals;
• Avoiding any unauthorized disclosure, verbal or written, of records;
• Ensuring that no system of records is amended without notice published in the District of Columbia Register;
• Collecting information needed to perform an authorized agency function;
• Collecting information directly from an individual whenever possible; and
• Maintaining and using records with reasonable care to prevent any inadvertent disclosure of information.

1.8       Safeguarding Information. Rent administrators must establish physical, administrative, and technical safeguards for their systems of records. These safeguards ensure the security and confidentiality of records, protect against possible threats or hazards, and permit access only to authorized persons.

Paper records will be placed in secured locations.  For electronic systems, RAD will implement security  measures determined to be appropriate by the responsible system, program managers, and the Office of the Chief Technology Officer.

1.9       Personnel and Training. The Rent Administrator or his/her designee will serve as RAD's Privacy Officer (RPO).  The RPO is responsible performing privacy activities related to the implementation, maintenance of, and adherence to this Privacy Policy and applicable law. Where applicable, the RPO may recommend procedures to accompany this Privacy Policy. Additionally, the RPO shall: 

· Serve as the principal contact for privacy matters contained in this policy related to an individual's right to access, amend, complain, and receive an accounting of disclosures; 

· Respond to data incidents; 

· Coordinate requests for data sharing;  

· Monitor and report risks to data; 

· Provide or assign awareness training; 

· Ensure vendor protection of RAD data;  

· Maintain compliance documentation; 

• Work cooperatively with the Director of the Office of Privacy and Confidentiality/District-wide Privacy and Security Official within the Office of the Attorney General (OPC) to ensure compliance for data protection matters; and
• Coordinate with the agency Chief Information Officer or designee.

Workforce Training.  Employees, volunteers, trainees, and other persons whose conduct is under the direct control of the agency shall receive periodic training with respect to the provisions of this Policy.

• Current workforce.  Training shall be provided within a reasonable period after the adoption of this Policy.
• New Hires, Volunteers, and Others Granted Access.  New hires, volunteers, trainees, those under RAD authority, or those granted access to RAD data must receive training on this Policy prior to access RAD data.
• Retraining.  The RPO may require retraining where there is a material change in job function that affects access to or use of RAD data, or for any compliance reason.

Sanctions for Employee Violation of Policy.  Violations of this Policy or other applicable federal or state privacy law covering RAD data may be subject to discipline in accordance with Chapter 16 of the District Personnel Manual and applicable collective bargaining agreements.

Confidentiality Agreements and Background Screening. In compliance with applicable collective bargaining agreements, the Rent Administrator may require the signing of a confidentiality agreement at the completion of training.  The Rent Administrator may also require background screening prior to hire.

1.10     Privacy and Security Incident Response and Breach Notification. RAD shall work collaboratively with OPC to ensure that data are secure to minimize the risk of unauthorized disclosures. All matters involving suspected improper disclosure or exposure of personally-identifiable information must be reported immediately to OPC for evaluation and mitigation. OPC shall assist RAD in ensuring that incidents, presumed or otherwise suspected to constitute a breach of unsecured protected health information, are promptly investigated and properly documented. 

RAD staff must react to privacy or security incidents, including reporting to and cooperating with OPC for investigation and resolution.  RAD shall make every effort to notify OPC within the first 24 hours, verbally and in writing.  Where the incident includes the potential access of electronic information, the Director of City-Wide Information Technology Security within the Office of the Chief Technology Officer must be notified also to mitigate and/or participate in investigations.

1.11     Other Agencies' Records.  Where RAD has either permanent or temporary custody of other government agencies' records, RAD will coordinate with those agencies before any release or disclosure of information.

II. Personal Information Uses, Access to Records, and Disclosures

2.1 Accessing Records

2.2 Exempt RAD Records

2.3 Denial of Access to Records

2.4 Appeals

2.5 Amending Records

2.6 Routine Uses and Disclosures

2.7 Disclosed Records

2.8 Establishing or Revising RAD Privacy Policy Systems of Records

2.9       Data-Sharing Agreements

2.10     Privacy and Security Complaints to the RPO

2.1       Accessing Records

How RAD retains records.  RAD retains records relating to its administration of the Rental Housing Act and the rent control database.  RAD is located at 1909 Martin Luther King, Jr. Avenue, S.E., Washington, D.C. 20020, (202) 442-9505, dhcd.dc.gov.  The Rent Administrator is RAD's data custodian officer.

In the routine course of RAD's operations and practice, records are kept in several media:  paper, electronic, tape recordings, and scanned images which are stored in DHCD's FileNet system.  Except for several record types, the majority of RAD's original source paper documents (spanning 40 or more years) are scanned, stored, and maintained in FileNet.  RAD's FileNet records are available to the public online at dhcd.dc.gov/service/search-rent-control-records-online.

RAD records which are routinely scanned into FileNet are:  registrations, amended registrations, housing provider disclosures to applicant or tenant, rent history disclosure, housing provider's notice to tenant of rent adjustment, and certificates of rent adjustments. [1]

RAD's FileNet records contain personal information of housing providers, tenants, and their agents, including names, addresses, telephone numbers, email addresses.

How to access records.  Records scanned into FileNet may be accessed at dhcd.dc.gov/service-rent-control-records-online.

To access records which are not scanned into FileNet only, you must send a signed written request access to your records.  RAD will maintain a record of requests.  Your signed written request must be addressed to the Rent Administrator and include:

• Your full name, address, daytime telephone number, and email address;
• A description of the records you want including the associated property address(es) and timeframe;
• A copy of your official photographic identification such as government identification badge, a passport or a driver's license; and
• Any other information that you believe will help in locating the record(s).

Send your records request to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

Mark both the envelope and the appeal letter:  "RAD Privacy Policy–Records Request."  Requests may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or emailed to [email protected].  If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

Records delivery.  RAD will provide electronic copies of requested records whenever practicable by sending to your email address.  If paper copies are requested, a copying fee may be charged for orders exceeding twenty (20) pages but the fee will not exceed actual costs. 

Housing provider access to records.  A housing provider, agent, employee, or trustee may access records.  In addition to providing identification and the information described above, you must provide:

• Proof that you represent the person making the request; and
• Your proof of identity.

Timeframe to fill a request.  Requests will be reviewed, processed, and filled within fifteen (15) business days (excluding Saturdays, Sundays, legal holidays, or government closures).  The Rent Administrator may extend the deadline by written notice to the requestor describing the reason(s) for the extension and the expected date for completing the request.  Each extension shall not exceed ten (10) calendar days (excluding Saturdays, Sundays, legal holidays, and government closures).

2.2       Exempt RAD Records.  Generally, RAD will not permit access to records relating to minors and law enforcement and security records.  This Privacy Policy exempts these RAD records from access by individuals.  Law enforcement agencies may request records by official request to the Rent Administrator.  Information relating to minors will be redacted.

RAD specifically exempts records from access by individuals created and maintained as part of the law enforcement duties and responsibilities of the D.C. Metropolitan Police Department, D.C. Protective Services, the D.C. Office of Inspector General, the D.C. Office of the Attorney General, the Office of the United States Attorney, federal enforcement agencies, and others. These records are:

• Information relating to minors;
• Law enforcement investigation case files;
• Internal evaluation of case files; and
• Security files.

2.3       Denial of Access to Records

Denial of access to records.  Access to records that RAD specifically exempts under § 2.2 of the Privacy Policy will be denied.  These records relate to minors, law enforcement investigations, internal evaluation of case files, and security records.  The Rent Administrator may deny access in consultation with DHCD's legal counsel and other government officials.  The Rent Administrator will issue a written notification explaining the reason for the denial with an explanation of appeal rights.

2.4       Appeals

Appealing a denial of access to a record.  You may appeal the Rent Administrator's decision within thirty (30) calendar days after you receive a written denial.  An appeal must be in writing and may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or by email to [email protected].  If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that sending a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

How to file an appeal.  Write to the Rent Administrator stating that you are filing an appeal.  Include the reasons for your appeal and any other pertinent information and supporting documentation that would be needed for a review of the denial.

Send your appeal to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

Mark both the envelope and the appeal letter:  "RAD Privacy Policy–Appeal."  Appeals may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or emailed to [email protected].    If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

Appeal process.  After receiving a denial of access appeal, the Rent Administrator will decide whether to grant the appeal under applicable laws and regulations, agency guidelines and this Privacy Policy.  The Rent Administrator will issue a written decision based on your written appeal and supporting documentation and RAD's records.  Depending on the decision, within thirty (30) calendar days of receiving your appeal, the Rent Administrator will issue a written decision either:

· Affirming your appeal.  The Rent Administrator grants the appeal and arranges for access to the record.

· Denying your appeal.  The Rent Administrator denies the appeal and access to the record and informs you of your appeal rights.

Appeal to the agency director.  You may appeal the Rent Administrator's denial to the DHCD Director.  Within ten (10) calendar days of receiving the Rent Administrator's written determination, write to the Rent Administrator stating that you are filing an appeal to the DHCD Director.  The Rent Administrator will refer your appeal to the DHCD Director for an independent review and decision.  Within thirty (30) calendar days, the DHCD Director, who may consult legal counsel as needed, will make a written decision either overruling or affirming the Rent Administrator's decision.  If there's an unexpected delay in issuing a decision, the DHCD Director will acknowledge the receipt of your request in writing and provide you with an estimated date for the decision.

Send your appeal to the DHCD Director to:

c/o Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

Mark both the envelope and the appeal letter:  "RAD Privacy Policy–Appeal."  Appeals may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or emailed to [email protected].    If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

The DHCD Director will make a written decision either:

· Overruling the Rent Administrator's decision.  The DHCD Director grants the appeal and instructs the Rent Administrator to arrange for access to the record.

· Affirming the Rent Administrator's decision.  The DHCD Director affirms the Rent Administrator's decision and denies the appeal and access to the record.

Further appeal rights.  If the Director rejects your appeal, you may have the right to further appeal DHCD's order to the District of Columbia Court of Appeals under the court's rules and procedures.

2.5       Amending Records

Amending records.  You may request that the Rent Administrator amend a record that you believe is incomplete or incorrect.

To request a record amendment, you must submit a written request to RAD including the correct information along with any evidence or justification for the amendment, as needed.

Send your record amendment request to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

Mark the letter and the envelope "RAD Privacy Policy–Request to Amend Record."

Decision to amend a record.  The Rent Administrator, in consultation with other DHCD officials (legal counsel or other government officials) as needed, will decide whether to amend your record based on a comparison of the existing record with your proposed amendment for accuracy, relevance, timeliness, and completeness, and for compliance with the law.

Within thirty (30) calendar days after receiving your request, the Rent Administrator will issue a written decision either approving or denying your proposed record amendment.  If there's an unexpected delay in issuing a decision, the Rent Administrator will acknowledge the receipt of your request in writing and provide you with an estimated date for the decision.

The Rent Administrator will issue a written decision either:

• Approving your record amendment request.  The Rent Administrator approves your record amendment request and keeps a record of the amendment with your system record.

• Denying your record amendment request.  The Rent Administrator denies your amendment request and informs you of your appeal rights.

Request for reconsideration.  If the Rent Administrator denies your amendment request, you may ask for reconsideration.  If you ask for reconsideration, write to the Rent Administrator within thirty (30) calendar days of the denial decision giving your reasons for reconsideration.

Send your request for reconsideration to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Jr. Avenue, S.E.

Washington, D.C.  20020

Mark the appeal letter and the envelope:  "RAD Privacy Policy–Amendment Reconsideration."  Your request for reconsideration may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or emailed to [email protected].  If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that sending a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

Reconsideration review.  After receiving your request for reconsideration, the Rent Administrator will determine whether your record amendment request may be granted under the applicable laws and regulations, agency guidelines and this Privacy Policy.  The Rent Administrator will issue a written decision based on your written reconsideration request and supporting documentation and RAD's records.  Depending on the decision, within thirty (30) calendar days of receiving your request for reconsideration, the Rent Administrator will issue a written decision either:

· Granting your reconsideration request.  The Rent Administrator grants your record amendment and keeps a record of the amendment with your system record.

· Denying your reconsideration request.  The Rent Administrator denies your reconsideration request and record amendment proposal and informs you of your appeal rights.

Appeal to the agency director.  You may appeal the Rent Administrator's denial to the DHCD Director.  Within ten (10) calendar days of receiving the Rent Administrator's written determination, write to the Rent Administrator stating that you are filing an appeal to the DHCD Director.  The Rent Administrator will refer your appeal to the DHCD Director for an independent review and decision.  Within thirty (30) days, the DHCD Director, who may consult legal counsel as needed, will make a written decision either overruling or affirming the Rent Administrator's decision.  If there's an unexpected delay in issuing a decision, the DHCD Director will acknowledge the receipt of your request in writing and provide you with an estimated date for the decision.

Send your appeal to the DHCD Director to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

Mark both the envelope and the appeal letter:  "RAD Privacy Policy–Reconsideration Appeal."  Your request for reconsideration may be mailed, hand delivered to the DHCD Housing Resource Center, sent by facsimile to (202) 645-5884, or emailed to [email protected].  If filing by email, all submissions must be in a portable document file (PDF) format.  You accept the risk that sending a facsimile or an email or attachment may be delayed, disrupted, or not received by technical failure or defect.

The DHCD Director will make a written decision either:

· Overruling the Rent Administrator's decision.  The DHCD Director grants the reconsideration request and instructs the Rent Administrator to arrange for access to the record.

· Affirming the Rent Administrator's decision.  The DHCD Director affirms the Rent Administrator's decision and denies the appeal and access to the record.

Further appeal rights.  If the Director rejects your appeal, you have the right to further appeal DHCD's order to the District of Columbia Court of Appeals under the court's rules and procedures.

2.6       Routine Uses and Disclosures

Routine use.  Routine use is the sharing of information for the purpose for which it is collected as spelled out in the Rental Housing Act of 1985 and the RAD Privacy Policy.

RAD's standard routine uses.  RAD identified standard routine uses for its records.  RAD may disclose system information for the following routine uses:

· To RAD employees in the performance of their official duties;

· For legal proceedings or response to a subpoena;

· To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record;

· To the D.C. City Administrator, D.C. Attorney General, the D.C. Office of the Inspector General, or the D.C. Office of the Solicitor, the DHCD's General Counsel, the D.C. City Auditor, or other government agency when the information is required for program evaluation or investigative purposes;

· To a member of District of Columbia City Council or staff on behalf of and at the request of the individual who is the subject of the record;

· To an RAD expert, consultant, or contractor in the performance of RAD duties and responsibilities;

· To the District of Columbia Office of the Secretary for records management purposes;

· To organizations or institutions conducting public policy research;

· To the public as required under the Rental Housing Act of 1985; or

· For public interest purposes as determined in the Rent Administrator's discretion.

Other routine uses permitted by  the RAD Privacy Policy.  The Privacy Policy permits disclosure of information as a routine use in the following cases:

· For research or statistical research, but personally-identifiable information must be removed from a record prior to disclosure;

· When the individual's health or safety is involved;

· To the District of Columbia Office of the Secretary when it determines a record is of historical value warranting permanent retention; or

· For public interest purposes as determined in the Rent Administrator's discretion.

2.7       Disclosed Records

Record disclosure.  If RAD discloses a record as allowed by the Privacy Policy, RAD will maintain an index of disclosed records documented in accordance with § 1.3.

Information collected for disclosed records.  RAD collects and maintains the following information on disclosed records:

· Name of requesting person or agency to whom the record was provided;

· Date information was provided;

· Type of information provided;

· Reason for the disclosure;

· Any needed justification for the disclosure;

· Documentation of consent, if applicable; and

· Any written consent by the individual of record.

Obtaining a record.  Please refer to § 1.2, § 2.3, § 2.4, and § 2.5 above.

2.8       Establishing or Revising RAD Privacy Policy or Systems of Records

Establishment of  a new RAD system of records.  Data protections for new systems are developed in cooperation with OPC.  The RAD Privacy Policy generally follows these steps:

1. The Rent Administrator determines that a new system needs to be established to carry out a program responsibility or improve a process.

2. The Rent Administrator prepares a draft RAD privacy policy and/or system of records notice to establish the new system of records, describing and justifying the establishment of the system.

3. The Rent Administrator prepares documentation for review and concurrence by appropriate DHCD officials (for example, program officials, agency general counsel, the Office of the Tenant Advocate, and the DHCD Director).

4. At least thirty (30) days before the planned system implementation, notice is published in the District of Columbia Register.

5. The new system goes into effect thirty (30) days after the notice is published in the District of Columbia Register.  The Rent Administrator resolves any questions resulting from the comments or makes appropriate changes to the proposal.  If substantive changes are made, a subsequent proposal will be published.

Procedure for revising an existing system of records. The procedure for revising a system of records is the same as for establishing a new system of records if the revision is substantive in nature, such as when there's a change in:

· The types of individuals or housing providers covered;

· The categories of information in the system, or an expansion of categories;

· The way the system records are retrieved;

· The purpose(s) for which the information is used, or there's a new or revised "routine use" of the information in the system;

· The access capability, as when updated software makes it easier to access system information

Establishing data sharing agreements (defined below).

2.9 Data Sharing Agreements

A data sharing agreement is a written document allowing the sharing of personally-identifiable information among  two or more District of Columbia agencies.  RAD's data sharing agreements may be negotiated between the D.C. Office of the Chief Financial Officer (including D.C. Recorder of Deeds), the D.C. Department of Buildings, and the D.C. Department of Licensing and Consumer Protection among others.

DHCD may have data sharing agreements between the D.C. Department of Buildings and the D.C. Department of Licensing and Consumer Protection or other District of Columbia agencies for the purposes of the rental control database.  Compliance with interagency data sharing agreements is handled by the agencies' respective offices of general counsel.

2.10 Privacy and Security Complaints to the RPO

You may file a complaint pertaining to the privacy or security of your personal identifying information contained in the RAD system of records or compliance with the provisions of this Privacy Policy with the RPO.   Each complaint must provide details about the privacy or security issue or the alleged violation of this Privacy Policy.

Complaints can be filed in writing or orally.  Written complaints must be submitted in email to [email protected] or by mail.

Send your complaint to the Rent Administrator to:

Rent Administrator
D.C. Department of Housing and Community Development

Rental Accommodations Division

1909 Martin Luther King Avenue, S.E.
Washington, D.C.  20020

If you prefer, you may call RAD to file a complaint at (202) 442-9505.

The Rent Administrator and/or RPO will work collaboratively with OPC to investigate and respond to each complaint within sixty (60) days after receipt of your complaint. 

III. Definitions

Business Days – all days other than Saturday, Sunday, legal holidays, furlough days, and other closed days designated by the District of Columbia Government.

Data Custodian Officer – RAD's Rent Administrator oversees RAD's data.

Database – is the Public Accessible Rent Control Housing Database which is codified in section 42-3502.03c of the Rental Housing Act of 1985 (D.C. Official Code 2001 ed., as amended, § 42-3501.01 et seq.).  The database is an Internet-accessible and searchable database for the submission, management, and review of all documents and relevant data housing providers must submit to RAD for the administration of the Rental Housing Act of 1985 and the rent stabilization program.

DHCD – the Department of Housing and Community Development.

Director – the appointed agency head of the Department of Housing and Community Development.

Housing Accommodation – any structure or building in the District containing one (1) or more rental units and the land that goes with the property, and does not include hotel, motel, or inn.

Housing Provider – a landlord, owner, lessor, sublessor, assignee or any party entitled to receive rents or benefits for the use or occupancy of any rental unit within a housing accommodation in the District of Columbia and includes any property manager or other agent of the housing provider.

Individual – an individual, a tenant, corporation, partnership, association, joint venture, business entity, or organized group of individuals, and includes any agent, successor, or assignee of a person.

OPC – the Office of Privacy and Confidentiality/District-wide Privacy and Security Official within the Office of the Attorney General.

Personally-Identifiable Information (PII)) – information that directly identifies an individual, including but not limited to a person's name, address, telephone number, email address, social security number, identifying code, age, or disability.

RAD – the Rental Accommodations Division which is an office within the Department of Housing and Community Development and is responsible for administering the Rental Housing Act of 1985.

RPO – DHCD RAD's Privacy Officer who is responsible performing privacy activities related to the implementation, maintenance of, and adherence to this Privacy policy and applicable law.

Record – any item, collection, or grouping of information about an individual which contains the individual's name or other personal identifier such as a number or symbol, voiceprint, or photograph.  The information may relate to financial transactions, income, medical conditions, age, employment, or criminal history collected in connection with an individual's interaction with RAD.

Regulations (title 14, chapters 38-44 of the District of Columbia Municipal Regulations, 2004 ed., as amended) – the regulations implementing and giving direction how to administer the Rental Housing Act of 1985.

Rent Administrator – the head of the DHCD Rental Accommodations Division who is appointed by the Mayor and administers the Rental Housing Act of 1985.  The Rent Administrator is RAD's data custodian officer.

Rent Stabilization Program  – is the program and related requirements in subchapter II of the Rental Housing Act of 1985 (commonly called rent control).

Rental Housing Act of 1985 (D.C. Official Code 2001 ed., as amended, § 42-3501.01 et seq.) – the Act regulating rental housing, including but not limited to registration, rent stabilization, and eviction procedures.

System of Records – a group of records under RAD's control from which information is retrieved by the name of the individual, any number, symbol, or other identifier assigned to that individual.

Tenant – a person entitled to the possession, occupancy, or the benefits of any rental unit owned by another person, and includes a tenant, subtenant, lessee, sublessee, and does not include a proprietary leaseholder, shareholder, or other member of a cooperative association.

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[1] Record types which are not scanned into FileNet are:  tenant registrations of age, disability, or income; notices to vacate; and housing provider petitions.