Storm contractor rules in the District of Columbia: natural disaster overcharging, home solicitation sales and consumer remedies

This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row is Code text. None of the sections read names tree work, and none sets a tree-specific licence. The District is a single jurisdiction, so there is no state and county layer to read.

The sections in one table

Section	What it says
28-4101, definitions	Goods and services include consumer goods and services used for personal, family or household purposes, and other essential goods and services that promote health or welfare. A natural disaster includes fire, flood, earthquake, storm or other serious act of nature that threatens health, safety or welfare or causes widespread damage to property in the District. "Normal retail price" means not more than 10% above the price for the same or similar goods and services in the District during the 90 days before the disaster or the public emergency
28-4101, seller with no earlier sales	A person who did not sell in the District during that 90-day period may not charge a price more than 50 percent greater than the actual price paid to the manufacturer or distributor
28-4102(a), overcharging	It is unlawful to charge more than the normal retail price for goods or services sold during an emergency from a natural disaster declared under subsection (b), or during a public emergency declared under section 7-2304
28-4102(a-1), exceptions	A higher price is allowed where the increase is directly attributable to added costs imposed by the supplier of goods, or to added costs for labor or materials used to provide the service or produce the goods
28-4102(b), declaration	Within 48 hours of a natural disaster the Mayor may declare a state of emergency for this chapter for not more than 30 calendar days, and publishes the declaration in the District of Columbia Register and in two daily newspapers
28-4103, penalties	A violation is a civil infraction with fines, penalties and fees of not more than US$1,000.00 for each violation. The Mayor may revoke, suspend or limit a licence, permit or certificate of occupancy. The Attorney General may seek an injunction, restitution, a civil penalty of US$1,000.00 to US$10,000.00 for each violation, economic damages, costs and attorney's fees
28-3811(a) and (b), home solicitation	A home solicitation sale is a cash or consumer credit sale of goods or services in which the seller personally solicits the sale at or near the buyer's residence and the buyer's agreement is given there. Sales under prior negotiations at a fixed business location are excluded. The buyer may cancel until midnight of the third business day after signing an agreement that complies with the section
28-3811(c) to (e)	Cancellation occurs when written notice reaches the address in the agreement. Mailed notice counts when deposited in a mailbox, properly addressed and prepaid. The notice needs no particular form and is enough if it shows in writing that the buyer does not wish to be bound
28-3811(f), emergency	The buyer may not cancel if the buyer asked for goods or services without delay because of an emergency, the seller in good faith made a substantial beginning of performance, in the case of goods the goods cannot be returned in substantially as good condition, and the buyer separately signed a notice captioned "WAIVER OF RIGHT TO CANCEL"
28-3811(g) to (i)	Outside an emergency request, the seller must present a written agreement dated the day the buyer signs, with a statement of the buyer's right to cancel under the caption the section sets. Until the seller complies, the buyer may cancel by any means. Within 10 days after cancellation the seller must tender back payments and notes, and may not keep a cancellation fee. A seller who performed services before cancellation is entitled to no compensation
28-3904(a), unfair or deceptive practices	It is a violation for a merchant to engage in an unfair, deceptive or abusive trade practice whether or not any consumer is in fact misled. The listed practices include representing a licence or approval the person does not have, falsely stating that services or repairs are needed, advertising a price that leaves out mandatory fees, and failing to give the consumer a copy of a sales or service contract the consumer may sign
28-3905(d)	The Director may find no reasonable grounds for a complaint where the practice occurred more than three years before the complaint was filed
28-3905(k), consumer action	A claim is brought in the Superior Court of the District of Columbia. Remedies listed include treble damages or US$1,500.00 per violation, whichever is greater, payable to the consumer, reasonable attorney's fees, punitive damages and an injunction
47-2851.03, business licence categories	Basic business licences are issued in eleven categories, including a contractor and construction services category and an environmental services category. The section names no tree work endorsement

Price rule after a storm

The District's overcharging rule is written for goods and services in general and does not name tree work. It is a 10% test against a 90-day look-back, with a separate 50 percent test over cost for a seller with no earlier sales, and it switches on only when the Mayor declares a natural disaster emergency or a public emergency under section 7-2304. The cost exceptions in subsection (a-1) are part of the same text. How a particular storm job fits is a question for the Office of the Attorney General.

Home solicitation and the emergency carve-out

The three business day right applies to a sale solicited at or near the buyer's residence. The emergency exception needs a separate signed waiver with the wording the section sets, so a spoken request alone does not meet the text. A seller who did work before the buyer cancelled is entitled to no pay under subsection (i)(3).

Who handles complaints

The Office of the Attorney General says its Office of Consumer Protection investigates deceptive, unfair and illegal business practices and offers a free, voluntary Consumer and Tenant Response program for DC residents, for businesses located or headquartered in the District, and for tenants who rent there. Complaints under the consumer procedures chapter are filed with the Department named in section 28-3905. For how other places treat tree work, see contractor licences for tree work, and for the warnings attorneys general issue after storms see the storm tree scams page.