Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-3209 Recovery of real and personal property leased together
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Whenever real and personal property are leased together, as, for example, a house with furniture contained therein, the landlord, either in an action of ejectment or in the summary proceeding for possession, in the Superior Court of the District of Columbia, may have a judgment f…
D.C. Code § 42-3210 Action in ejectment — When proper
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Whenever a lease for any definite term shall expire, or any tenancy shall be terminated by notice as aforesaid, and the tenant shall fail or refuse to surrender possession of the leased premises, the landlord may bring an action of ejectment to recover possession in the Superior …
D.C. Code § 42-3211 Action in ejectment — Claims for arrears of rent, double rent, and waste; jurisdiction of court; money judgment
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In either case the landlord may join with his claim for recovery of the possession of the leased premises a claim for all arrears of rent accrued to the termination of the tenancy, and, when the tenant has given the notice, for double rent from the termination of the tenancy to t…
D.C. Code § 42-3212 Consolidation of actions for arrears of rent and possession
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If actions be brought separately for arrears of rent and for the possession, they may be afterwards consolidated and 1 judgment rendered in them for the possession and also for the rent.
D.C. Code § 42-3213 Landlord’s lien for rent — Time of existence
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The landlord shall have a tacit lien for his rent upon such of the tenant’s personal chattels, on the premises, as are subject to execution for debt, to commence with the tenancy and continue for 3 months after the rent is due and until the termination of any action for such rent…
D.C. Code § 42-3214 Landlord’s lien for rent — How enforced
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The said lien may be enforced: (1) By attachment, to be issued upon affidavit that the rent is due and unpaid; or, if it be not due, that the defendant is about to remove or sell some part of said chattels; (2) By judgment against the tenant and execution, to be levied on said ch…
D.C. Code § 42-3215 Landlord’s lien for rent — When attachment issuable; executing officer’s power of entry
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Such attachment may be issued in any action for the recovery of the possession of the leased premises by the landlord, in which the rent in arrear, or double rent, or both, shall be claimed as aforesaid, and it shall be lawful for any officer to whom the writ of attachment shall …
D.C. Code § 42-3216 Landlord’s lien for rent — Property subject to lien not to be executed on by another without payment of rent due; when rent in arrears exceeds 3 months
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No goods or chattels whatsoever, lying or being in or upon any messuage, lands, or tenements, which are or shall be leased for life or lives, term of years, at will, or otherwise, shall be liable to be taken by virtue of any execution on any pretence whatsoever, unless the party …
D.C. Code § 42-3217 Distress not unlawful and party making it not trespasser ab initio because of irregularity; special damages recoverable; costs; tender of amends defeats recovery
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Where any distress shall be made for any kind of rent justly due, and any irregularity or unlawful act shall be afterwards done by the party or parties distraining, or by his, her, or their agents; the distress itself shall not be therefore deemed to be unlawful, nor the party or…
D.C. Code § 42-3218 Fraudulent removal, conveyance, or concealment of property to defeat lien subjects guilty party to forfeiture of double value of such property
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If any tenant or lessee shall fraudulently remove and convey away his or her goods or chattels, or if any person or persons shall wilfully and knowingly aid or assist any such tenant or lessee in such fraudulent conveying away or carrying off of any part of his or her goods or ch…
D.C. Code § 42-3219 Representatives of life tenant may recover proportion of rent from under-tenant
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Where any tenants for life shall happen to die before or on the day, on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of such tenant for life, the executors or administrators of such t…
D.C. Code § 42-3220 Action in debt may be brought for rent in arrears under lease or demise for life
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It shall and may be lawful for any person or persons, having any rent in arrear, or due upon any lease or demise for life or lives, to bring an action or actions of debt for such arrears of rent, in the same manner they might have done, in case such rent were due, and reserved up…
D.C. Code § 42-3221 Action by landlord for use and occupation of property where no deed; parol agreement as evidence of quantum of damages
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It shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants, in an action on the case, for the use and occupat…
D.C. Code § 42-3222 Lease under control of a person with a mental disability — Surrender and renewal; guardian or committee; court order
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In all cases where any person with a mental disability is or shall be entitled or has right to renew any lease or leases made or granted, or to be made or granted, for the life or lives of 1 or more person or persons, or for any term or number of years, absolute or determinable o…
D.C. Code § 42-3223 Leases under control of a person with a mental disability — Lease pursuant to provisions of § 42-3222 valid
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All and every such lease or leases so to be made or executed shall be deemed as good and valid, and effectual in the law, to all intents and purposes, as if the person with a mental disability was at the time of making or executing thereof of without a mental disability.
D.C. Code § 42-3224 Leases under control of a person with a mental disability — Money received for renewal paid to guardian for benefit of person with a disability; characterization of money at death of person with a disability
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All fines, premiums, foregifts, and sums of money, which shall or may be had, received, or paid for, or on account of the renewing of any such lease or leases as aforesaid, shall (after a deduction of all necessary incident charges and expenses) be paid to the guardian or guardia…
D.C. Code § 42-3225 Lease held by an infant or person with a mental disability — Surrender and renewal; guardian or committee; court order
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In all cases where any person under the age of 18 years, or any person with mental illness, is or shall become interested in or entitled to any lease or leases made or granted, or to be made or granted, by any person or persons, bodies politic, corporate or collegiate, aggregate …
D.C. Code § 42-3226 Lease held by an infant or person with a mental disability — Costs of renewal chargeable to estate of infant or person with a disability or deemed charge upon leasehold
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All and every sum and sums of money and other consideration, paid or advanced by any such guardian, trustee, committee or other person, for or on account of the renewal of any such lease or leases, and all reasonable charges incident thereto, shall be paid out of the estate or ef…
D.C. Code § 42-3227 Lease held by an infant or person with a mental disability — New leases to be of same nature and subject to same liabilities as surrendered leases
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The respective leases to be so renewed, shall operate, and be to the same uses, and be liable to the same trusts, charges, incumbrances, dispositions, devises and conditions, as the leases to be, from time to time, surrendered as aforesaid, were or would have been subject to, in …
D.C. Code § 42-3228 Lease held by an infant or person with a mental disability — Renewed lease valid
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Every such surrender, and such lease or leases granted thereupon, shall be, and be deemed as valid and legal, to all intents and purposes, as if such surrender had been made by and on the behalf of a person of full age, or sane mind.
D.C. Code § 42-3229 Surrender for new lease good without surrender of underleases; underleases continue unaffected; all rights and remedies to continue
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In case any lease shall be duly surrendered, in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall, without a surrender of all the underleases, be as good and valid, to all intents and purposes, as if all the underl…
D.C. Code § 42-3230 Grant or assignment of reversion of premises or by lessee not to affect rights or duties under lease
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The grantee or assignee of the reversion of any leased premises shall have the same right of action against the lessee, his personal representatives, heirs, or assigns, for rent or for any forfeiture or breach of any covenant or condition in the lease which the grantor or assigno…
D.C. Code § 42-3231 Grants of remainders, reversions, and rents good without attornment; payment of rent to grantor without notice valid
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All grants or conveyances of any manors or rents, or of the reversion or remainder of any messuages or lands, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, or of the land out of which rent shall be issuing, or …
D.C. Code § 42-3232 Fraudulent attornment void; possession not changed by such attornment; limitation on scope of provisions
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All and every fraudulent attornment and attornments of any tenant or tenants of any messuages, lands, tenements, or hereditaments, shall be absolutely null and void to all intents and purposes whatsoever; and the possession of their respective landlord or landlords, lessor or les…
D.C. Code § 42-3251 Definitions
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For the purposes of this chapter, the term: (1) “Dwelling unit” means any habitable room or group of habitable rooms located within a residential building and forming a single unit which is used or intended to be used for living, sleeping, and the preparation and eating of meals;…
D.C. Code § 42-3252 Testing
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(a) The Mayor shall require the owner of a multiple dwelling to order a water lead level test kit from WASA to sample the tap water in a dwelling or rooming unit for the presence of lead within 15 calendar days of a written request to do so by a rental tenant or owner-occupant of…
D.C. Code § 42-3253 Violations
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(a) Whenever the Mayor finds reasonable grounds to believe that a violation of any provision of this chapter exists, he or she shall give notice of the alleged violation to the person or persons responsible for that violation. Each notice of violation shall be in writing and shal…
D.C. Code § 42-3254 Rules and procedures
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The Mayor is authorized to promulgate rules and to establish procedures to implement this chapter.
D.C. Code § 42-3255 Fines and penalties
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Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or the rules.
D.C. Code § 42-3301 Definitions
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For the purposes of this chapter: (1) The term “apartment house” means any building or part thereof, not used primarily for transient occupancy, in which there are 3 or more apartments, each with 1 or more habitable rooms with kitchen and bathroom facilities exclusively for use o…
D.C. Code § 42-3302 Opportunity for tenants to receive service in own names; payments made by tenants
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(a) Wherever an owner, agent, lessor or manager of an apartment house is billed directly by a company, electricity supplier, natural gas supplier, or gas company (any of which shall be referred to as “company”) for service furnished to such apartment house not occupied exclusivel…
D.C. Code § 42-3303 Appointment of receiver; termination
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(a)(1) Upon nonpayment of a delinquent account by the owner, agent, lessor, or manager of an apartment house who is billed directly by a company, electricity supplier, or gas company (any of which shall be referred to as “company”) for service furnished to such apartment house, s…
D.C. Code § 42-3304 Penalties
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Any wilful or malicious violation of this chapter by any owner, agent, lessor, manager or any electric company, electricity supplier, gas company, or natural gas supplier shall be punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.
D.C. Code § 42-3305 Exclusiveness of remedy
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Nothing in this chapter shall be construed to prevent the tenant of such apartment house from pursuing any other action or remedy at law or equity that it may have against the owner, agent, lessor, manager or company.
D.C. Code § 42-3306 Findings required prior to termination of service
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(a) It shall be unlawful for any electric company, electricity supplier, gas company, or natural gas supplier to terminate service at the request of the owner, agent, lessor, or manager of an apartment house subject to this chapter, unless the Public Service Commission first make…
D.C. Code § 42-3307 Regulations
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The Public Service Commission shall adopt regulations necessary to carry out the purposes of this chapter. Such regulations shall include, but not be limited to, establishing procedures by which the company shall notify tenants of an affected apartment house that monies are owed …
D.C. Code § 42-3401.01 Findings
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(a) The Council of the District of Columbia finds that: (1) There is a continuing housing crisis in the District of Columbia. (2) There is a severe shortage of rental housing available to the citizens of the District of Columbia. The percentage of all rental housing units within …
D.C. Code § 42-3401.02 Purposes
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In enacting this chapter, the Council of the District of Columbia supports the following statutory purposes: (1) To discourage the displacement of tenants through conversion or sale of rental property, and to strengthen the bargaining position of tenants toward that end without u…
D.C. Code § 42-3401.03 Definitions
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As used in this chapter, the term: (1) “Appraised value” means the value of a housing accommodation as of the date of the appraisal, based on an objective, independent property valuation, performed according to professional appraisal industry standards. (2) “Bona fide offer of sa…
D.C. Code § 42-3401.04 Applicability of Rental Housing Act of 1985
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For purposes of this chapter, the provisions of § 42-3505.01(n) shall apply.
D.C. Code § 42-3402.01 Short title
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This subchapter may be cited as the “Conversion of Rental Housing to Condominium or Cooperative Status Act of 1980‘.
D.C. Code § 42-3402.02 Conversions
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(1) An owner shall not convert a housing accommodation into a condominium or a cooperative until the Mayor certifies compliance with the provisions of this chapter. (2) Only an owner may request a tenant election to convert, send notice of intent to convert, or convert an accommo…
D.C. Code § 42-3402.03 Tenant election
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An owner who seeks to convert shall provide each tenant and the Mayor a written request for a tenant election by first class mail and post the request for an election in conspicuous places in common areas of the housing accommodation. The written request shall include, at a minim…
D.C. Code § 42-3402.04 Conversion fee
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For the purposes of this section, the term “low-income” means annual household income, as determined by the Mayor, no greater than 80% of the area median income, as defined in § 42-2801(1)). An owner who converts a housing accommodation, including vacant buildings, into a condomi…
D.C. Code § 42-3402.05 Certification fee
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An owner who seeks to convert must pay the Mayor a certification fee. The Mayor is authorized to collect and establish the amount of the fee. The certification fee shall be sufficient to cover the cost of administering this subchapter.
D.C. Code § 42-3402.05a Application fees
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(a) The Mayor may impose and collect fees for the processing of an application for conversion and other services provided by the Mayor or the Department of Housing and Community Development to implement this chapter. The Mayor shall establish the fees by rulemaking pursuant to su…
D.C. Code § 42-3402.06 Cooperative conversion
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An owner shall provide each tenant with prior written notice of an intent to convert of at least 120 days by first class mail and by conspicuous posting in common areas of the housing accommodation. An owner shall not provide notice prior to the Mayor’s certification of complianc…
D.C. Code § 42-3402.07 [Reserved]
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[Repealed or reserved.]
D.C. Code § 42-3402.08 Elderly or disabled tenancy
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(1) For the purposes of this subsection, the term “qualifying income” means a total annual household income, as determined by the Mayor, no greater than 95% of the area median income, as defined in § 42-2801(1). (2) Notwithstanding any other provision of this subchapter, Chapter …
D.C. Code § 42-3402.09 Property tax abatement
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The Mayor shall not require the owner of a converted condominium unit occupied by a low-income tenant to pay real property tax for the unit. The proportionate value for a unit in a converted cooperative housing accommodation occupied by a low-income tenant shall be exempt from re…