(a) Solicitation of information from tenant. An owner of a covered building must request relevant information from any tenant in a covered building no later than March 1 of each year in which benchmarking is required by Section 18A-39. If the owner receives notice that a tenant intends to vacate a unit which is subject to this Section, the owner must request the information within 10 days after receiving the notice to vacate.
(b) Tenant response. Within 30 days after receiving a request for information from the building owner, each tenant of a unit in a covered building must provide the building owner with all information that the owner cannot otherwise acquire that is necessary to comply with this Article.
(c) Failure of tenant to provide information.
(1) If any tenant does not provide the information required under this Section to the owner of a covered building, that fact does not relieve the owner of the obligation to benchmark the building under Section 18A-39, using all information otherwise available to the owner.
(2) If a tenant of a unit in a covered building does not provide information to the owner of the building under this Section, the Director must consider the owner to be in compliance with Section 18A-39 if:
(A) the owner shows that the owner requested the tenant to provide the information under this Section; and
(B) the owner benchmarked the building under Section 18A-39, using all information otherwise available to the owner. (2014 L.M.C., ch. 6, § 1.)