What is a Notice of Infraction or NOI?

When inspectors for the Department of Consumer and Regulatory Affairs (DCRA) find housing code violations at a property, they issue a notice of infraction (NOI) to the property owner. The NOI will explain the violation(s), provide a specific abatement period, and carry a penalty with the amount due, which is based on the class of violation per the DC Municipal Regulations.

 

How a notice of infraction is issued

DCRA will conduct a re-inspection of the property on or after the date a property owner is required to complete abatement. 

If DCRA determines that the property owner failed to correct the violations(s) within the specified period of time, the case may be referred to the Office of the Attorney General of the District of Columbia for criminal prosecution. In addition, DCRA has the right to abate any life or safety conditions for which a property owner has been cited, pursuant to D.C. Official Code § 42-3131.01 and other law, and to assess the costs of correcting the condition as a tax on the premises. 

Failure to pay such costs will result in a lien being placed on a property, which could result in the property being sold at a tax sale.

 

Requests for Extensions

You are permitted to request additional time to correct the conditions specified in NOIs. Time extension requests must be in writing and submitted to: Chief Building Official, Department of Consumer and Regulatory Affairs, 1100 4th Street SW, Washington, DC 20024. If you choose this option, make sure your request is submitted before the designated correction time expires. Note: The Inspector who issued the NOI does not have the authority to grant a time  extension. Time extensions will not be granted unless a property owner can demonstrate that (a) they have been proceeding in good faith to correct the violations and, (b) there is good cause for the delay.

Any questions about Notices of Infraction should be directed to the Inspections and Compliance Division of the DCRA, 202- 481-3524.

 

Appeal Rights

If you don’t agree with the charges from the inspection, you have the right to challenge a NOI by requesting a hearing. To request a hearing, you must first obtain an appeal form in one of two ways:.

  • You can go to  OAH and ask for a copy of the NOI appeal form. OAH is located at One Judiciary Square, 441 4th Street NW, #450, Washington, DC 20001.
  • You can call OAH at 202-442-9094 and ask to have the appeal form faxed to you. 

To file the form with OAH:

  • The appeal form can be filed in person at the Office of Administrative Hearings. 
  • You can fax the appeal form to OAH at 202-442-9451.You can mail the appeal form to the Office of Administrative Hearings, P.O. Box 77880, Washington, D.C. 20013-8880. 

Note: Any notice of violation that you are appealing should be attached to your appeal form.

Your appeal must be filed within the specified timeframe that’s listed in the notice for making corrections. If the last day for filing your appeal falls on a Saturday, Sunday, or legal holiday in the District of Columbia, then your appeal period for requesting a hearing will extend to the next business day that is not a Saturday, Sunday, or legal holiday. You may call the Office of Administrative Hearings at 202- 442-9094 for assistance.

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