Section 14-2219. RENTAL OF A FOR SALE INCLUSIONARY UNIT  


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    2219.1 An Inclusionary Unit Owner may temporarily lease a For Sale Inclusionary Unit to a Household referred to it by the Department of Housing and Community Development in accordance with the provisions of this section if such lease is not prohibited by applicable cooperative, condominium, or homeowner association rules.

     

    2219.2 Except as set forth in § 2219.6, the lease term may not exceed twelve (12) months and may not be renewed.

     

    2219.3 Except as set forth in § 2219.6, no more than one (1) temporary rental may occur with a five (5) year period. 

     

    2219.4 The Owner and Department of Housing and Community Development shall follow the notice of availability, website registration, and Household selection, notification, referral, and verification processes set forth in § 2206 and §§ 2209 through 2213.

     

    2219.5 The maximum rent shall be the rent set forth in the Rent and Price Schedule in place on the date that the Notice of Availability for the Inclusionary Unit is filed.

     

    2219.6 Upon written submission of a request substantiating substantial hardship, the Department of Housing and Community Development may grant an extension of the twelve (12)-month period established by § 2219.2 or the one (1)-time limitation established by § 2219.3.  The Department of Housing and Community Development shall approve or disapprove the request, in its sole discretion based on the evidence before it, within a reasonable time period. Substantial hardship may include military service, Peace Corps service, or another reason causing the Owner to be required to leave the District metropolitan area temporarily. 

     

    2219.7 A condominium fee or assessment that a lessee of an Inclusionary Unit Owner leased under this section is required to pay shall be considered part of the rent of the lessee when determining whether the rent charged is consistent with the Maximum Rent and Purchase Price Schedule.

     

authority

Pursuant to the authority set forth in § 107 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.07) (“Inclusionary Zoning Act”) and Mayor’s Order 2008-59, dated April 2, 2008.

source

Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9318 (December 11, 2009).