§ 8-3. Rent increase barred — on violation notice generated by tenant.

(a) In general.

When a tenant complaint results in a landlord receiving a violation notice, in order for the limitations and restrictions in § 8-2 above to apply to a landlord, either:

(1) the written violation notice must be issued more than 60 days before the increase is to take effect; or

(2) the tenant must have filed a written complaint with the Commissioner, with a copy thereof to the landlord, prior to receiving a rent increase notice.

(b) When notice presumed received.

For the purpose of the tenant's rights under this section, any notice of a rent increase is presumed to be received by the tenant no earlier than 60 days prior to the expiration of the lease, unless a lease provides for a longer notice requirement not to exceed 90 days.