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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 14. HOUSING |
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Chapter 14-47. CONVERSION AND SALE OF RENTAL HOUSING |
Section 14-4711. SALE OF RESIDENTIAL RENTAL HOUSING
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4711.1Before an owner of a housing accommodation may sell, issue a notice to vacate or recover possession for the purpose of demolition or discontinuance of the housing use, the owner shall give the tenant(s) an opportunity to purchase.
4711.2The owner shall send an offer to each tenant of the housing accommodation and to the Conversion and Sale Regulatory Office. The offer of sale shall be sent by first class mail.
4711.3The owner shall post a copy of the offer of sale in a conspicuous place in the common areas of the housing accommodation if it consists of more than one unit.
4711.4The offer of sale shall include the following information:
(a)The asking price and material terms of the sale;
(b)A statement of tenant rights and responsibilities pursuant to the Act;
(c)A statement as to whether a contract with a third party exists for the sale of the housing accommodation and that a copy of such contract will be made available to the tenant(s) within seven (7) days after receiving a request; and
(d)A statement that the owner will provide to the tenants the following information within seven (7) days after receiving a request for any of the following if applicable:
(1)A floor plan of the building, if available;
(2)An itemized list of monthly operating expenses for each of the two (2) preceding calendar years;
(3)Utility consumption rates for each of the two preceding calendar years; and
(4)Capital expenditures for each of the two (2) preceding calendar years.
4711.5The owner shall offer to sell the housing accommodation at a price and terms that represent a bona fide offer of sale.
4711.6In the case of the existence of a third party contract, a bona fide offer is one in which the tenant(s) has been offered the building at a price and terms at least as favorable as and substantially conforming to the third party contract.
4711.7Commercial tenants shall not be entitled to the first right to purchase. Commercial tenants may participate in the purchase of the housing accommodation at the discretion of the tenant organization.
4711.8Under Title IV of the Act, the terms “sale” or “sell” include the exchange or trade of properties, but shall exclude the transfer of title through a will or intestate succession and the transfer of property without consideration between husband and wife or from parent to child.
4711.9An owner shall not request, and a tenant may not grant, a waiver of the right to receive an offer of sale under Title IV of the Act. After making an offer of sale, an owner shall not require a waiver of any other right under Title IV of the Act.
4711.10If the owner contracts with parties other than the tenant(s) after an offer of sale has been made, the tenant(s) shall be informed immediately of the existence of any such contract and a copy of any such contract shall be made available to the tenant(s) upon request.
4711.11Any response from the tenant(s) to an offer of sale shall be in writing.
4711.12The rights of a third party shall be conditional upon the exercise of tenant rights under Title IV of the Act, and all time periods for negotiation and settlement by the tenant(s) are minimum time periods. The owner may give the tenant(s) a reasonable extension of such time periods, without liability under a third party contract.
4711.13Third party purchasers shall act with full knowledge of tenant rights and public policy under the Act.