Title 42, Real Property.

In a housing accommodation of 5 or more units, the tenants may form and register the tenant organization with the Mayor, pursuant to § 42-3404.11, at any time; provided, that this section shall not be construed to alter the time periods within which a tenant organization may exer…

The owner shall provide each tenant a written copy of the offer of sale by certified mail and post a copy of the offer of sale in a conspicuous place in common areas of the housing accommodation if it consists of more than one unit. The owner shall provide the Mayor with a writte…

The right of a third party to purchase an accommodation is conditional upon exercise of tenant rights under this subchapter. The time periods for negotiation of a contract of sale and for settlement under this subchapter are minimum periods, and the owner may afford the tenants a…

The tenant and owner shall bargain in good faith. The following constitute prima facie evidence of bargaining without good faith: (1) The failure of an owner to offer the tenant a price or term at least as favorable as that offered to a third party, within the periods specified i…

The tenant may exercise rights under this subchapter in conjunction with a third party or by assigning or selling those rights to any party, whether private or governmental. The exercise, assignment, or sale of tenant rights may be for any consideration which the tenant, in the t…

An owner shall not request, and a tenant may not grant, a waiver of the right to receive an offer of sale under this subchapter. An owner shall not require waiver of any other right under this subchapter except in exchange for consideration which the tenant, in the tenant’s sole …

In addition to any and all other rights specified in this subchapter, a tenant or tenant organization shall also have the right of first refusal during the 15 days after the tenant or tenant organization has received from the owner a valid sales contract to purchase by a third pa…

The following provisions apply to single-family accommodations: Upon receipt of a written offer of sale from the owner that includes a description of the tenant’s rights and obligations under this section, or upon the Mayor’s receipt of a copy of the written offer of sale, whiche…

The following provisions apply to accommodations with 2 through 4 units: The tenants may respond to an owner’s offer first jointly, then severally. Upon receipt of a written offer of sale from the owner that includes a description of the tenant’s rights and obligations under this…

The following provisions apply to accommodations with 5 or more units: In order to make a contract of sale with an owner, the tenants shall: (A) form a tenant organization with the legal capacity to hold real property, elect officers, and adopt bylaws, unless such a tenant organi…

Sections 42-3404.02, 42-3404.04, 42-3404.05, 42-3404.06, 42-3404.07, 42-3404.09(3) and (4), 42-3404.10(3) and (4) and 42-3404.11(3) and (4) apply to any sale of a housing accommodation for which a contract is not fully ratified prior to June 3, 1980, and the period for contractin…

(a) Every tenant of a housing accommodation which the declarant seeks to convert from a rental basis to a cooperative shall be notified in writing of the declarant’s intent to convert the housing accommodation to a cooperative not less than 120 days before the conversion thereof.…

(a) Before an owner of a housing accommodation may sell a housing accommodation comprised of 5 or more units, the owner shall provide to the Mayor, on behalf of the District, and the Mayor shall have, an opportunity to purchase the housing accommodation in the same manner, except…

(a) The District’s opportunity to purchase shall be subordinate to the right of a tenant. (b) To exercise its right under this subchapter, the Mayor shall provide a written statement of interest to the owner and tenant within 30 days of the Mayor’s receipt of the copy of offer of…

(a) If the District, or an assignee, purchases a housing accommodation pursuant to this subchapter, the District shall remain subject to all provisions of this chapter as owner of the housing accommodation. (b)(1) The Mayor, or an assignee of the Mayor, shall maintain affordable …

(a) The Mayor shall have not less than 150 days from the date of the owner’s receipt of the Mayor’s written statement of interest, issued pursuant to § 42-3404.32(b), to negotiate a contract for sale. (b) For every day of delay in providing information by the owner as required by…

No provision of this subchapter shall abrogate the rights of tenants or tenant organizations under this chapter.

The Mayor may assign the opportunity to purchase provided under this subchapter to a person that: (1) Demonstrates the capacity to own and manage, either by itself or through a management agent, the housing accommodation and related facilities for the remaining useful life of the…

Within 60 days of December 24, 2008, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.

(a) The Mayor shall issue rules for the implementation of this chapter. The Mayor shall issue rules for the holding of elections which shall include, but not be limited to, provisions for secret voting, and the right of any person including the owner to observe the counting of th…

If a time period running under this chapter ends on a Saturday, Sunday, or legal holiday, it is extended until the next day which is not a Saturday, Sunday, or legal holiday.

An aggrieved owner, tenant, or tenant organization may seek enforcement of any right or provision under this chapter through a civil action in law or equity, and, upon prevailing, may seek an award of costs and reasonable attorney fees. In an equitable action, the public policy o…

(a) An aggrieved owner, tenant, or tenant organization may petition the Mayor for declaratory relief under provisions of this chapter. Upon a showing of reasonable grounds, the Mayor shall grant a hearing and may issue findings of fact, conclusions of law, and declaratory orders …

(a) The rights provided under §§ 42-3405.03 and 42-3405.03a are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 42-3405.03. Unless all parties to the action agree otherwise, on…

If the Mayor determines to reject an application by a party pursuant to this chapter, he or she shall notify the applicant of the findings upon which the rejection is based, and that the rejection will be deemed final in 20 days. During the 20-day period, the applicant may petiti…

(a) The Mayor may make necessary public or private investigations in accordance with law within or without of the District of Columbia to determine compliance with the requirements of this chapter or to determine whether any person has violated or is about to violate this chapter…

(a) The Mayor shall have the power to enforce this chapter and rules and regulations made hereunder. If the Mayor determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) violated any condition imposed in writing in connection with th…

(a) A certificate issued pursuant to § 42-3402.02(a), an exemption issued pursuant to § 42-3402.02(b) or § 42-3402.10, or registration required pursuant to § 42-3404.11 may be revoked after notice and hearing upon a written finding of fact that the holder of the certificate, the …

(a) Any proceeding provided in § 42-3405.04, § 42-3405.06, or § 42-3405.07 shall be conducted according to §§ 2-509 and 2-510 and any officer designated to conduct such a proceeding shall not immediately supervise or be subject to supervision by any employee who participates or h…

(a) After the issuance of a final decision and order pursuant to this chapter, and within 15 days after the Mayor has notified the parties of the final decision and order, any party to such proceeding may seek judicial review of such decision and order by filing a petition for re…

Any person who wilfully violates any provision of this chapter or any rule adopted under or order issued pursuant to this chapter or any person who wilfully in an application makes any false statement of a material fact or omits to state a material fact shall be fined not less th…

(a) The Mayor shall establish a Rental Housing Conversion and Sale Act Task Force (“Task Force”) within 30 days after July 22, 2005. (b) The general mandate of the Task Force shall be to examine all aspects of subchapters IV and V of this chapter, including its implementation and…

The purposes of this chapter favor resolution of ambiguity by the hearing officer or a court toward the end of strengthening the legal rights of tenants or tenant organizations to the maximum extent permissible under law. If this chapter conflicts with another provision of law of…

(a) Within 1 month of the first annual anniversary date of the effective date of this chapter, and during the same period of each successive year, the Mayor shall determine and then declare whether there is a continuing housing crisis in the District. If the Mayor determines that…

If any provision of this chapter, or any section, clause, phrase, or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of the chapter and of the application of any other provision, section, sentence, clause, phrase, or word shall…

The Council of the District of Columbia finds that: (1) There is a severe shortage of rental housing available to citizens of the District of Columbia (“District”). (2) The shortage of housing is growing due to the withdrawal of housing units from the housing market, deterioratio…

In enacting this chapter, the Council of the District of Columbia supports the following statutory purposes: (1) To protect low- and moderate-income tenants from the erosion of their income from increased housing costs; (2) To provide incentives for the construction of new rental…

For the purposes of this chapter, the term: (a)(1) “Annual fair market rental amount” means the annualized sum of the rents collected for all rental units in the housing accommodation during the base calculation year, plus an amount equal to the percentage increase in the Consume…

(a)(1) The Rental Housing Commission established by § 42-4012 [expired] is continued and shall be composed of 3 members appointed by the Mayor with the advice and consent of the Council. The terms of members of the Rental Housing Commission appointed under the Rental Housing Act …

(a) The Rental Housing Commission shall: (1) Issue, amend, and rescind rules and procedures for the administration of this chapter except rules and procedures subject to § 2-1831.05(a)(7); (2) Decide appeals brought to it from decisions of the Rent Administrator, including appeal…

Members and staff of the Rental Housing Commission shall not be subject to liability for their official acts. Persons assisting the Rental Housing Commission, whether paid or pro bono, shall not be subject to liability for actions taken to perform services on behalf of the Commis…

There is established within the Department of Housing and Community Development the Rental Accommodations Division, which shall have as its head a Rent Administrator.

(a) The Rent Administrator shall be appointed by the Mayor with the advice and consent of the Council. (b) The Mayor shall transmit a nomination of the Rent Administrator to the Council, for a 90-day period of review, excluding days of Council recess, including any Rent Administr…

The Rent Administrator shall: (1) Be admitted to practice before the District of Columbia Court of Appeals by the time the Rent Administrator’s term of office commences; (2) Be a resident of the District within 6 months of the commencement of the Rent Administrator’s term of offi…

(a) The Rental Accommodations Division (“RAD”) of the Department of Housing and Community Development (“DHCD”), in close consultation with the Office of the Tenant Advocate and the Office of the Chief Technology Officer, is authorized to establish a user-friendly, internet-access…

(a) The Rent Administrator shall draft rules and procedures for the administration of this chapter to be transmitted to the Rental Housing Commission for its action under § 42-3502.02(a)(1). (b) The Rent Administrator shall carry out, according to rules and procedures established…