Section 17-2624. EXEMPTIONS FROM LICENSING REQUIREMENTS

 

2624.1All persons within the District regularly engaged in conducting any activity licensed by the Board, unless appointed or acting under the judgment or order of any court while acting in that capacity shall obtain a license prior to engaging in the activity unless specifically exempted by this chapter or the Act.

 

2624.2Persons exempted from licensure under this chapter shall not hold themselves out as real estate brokers, salespersons, or property managers. Failure to abide by this section may result in civil and criminal prosecution under this chapter and the Act.

 

2624.3Persons acting in the following capacities are exempt from the licensing requirements of this chapter:

 

(a)Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession;

 

(b)Any person who, as an owner or lessor of real estate, performs any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that person;

 

(c)Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;

 

(d)Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;

 

(e)Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities licensed by the Board;

 

(f)Any officer or employee of the federal or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the federal or District government to make appraisals of real estate for real property tax or other government purposes;

 

(g)Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or

 

(h)Any qualifying nonprofit housing organization as defined by D.C. Official Code § 47-3505(a).

 

2624.4A person is not required to possess a property manager's license, and shall not be considered a property manager, when performing the following actions:

 

(a)Delivering a lease application, a lease, or any amendment of a lease to any person;

 

(b)Receiving a lease application, a lease, an amendment of a lease, a security deposit, a rent payment, or any related payment for delivery to a property manager;

 

(c)Showing a rental unit to any person;

 

(d)Providing information about a rental unit, a lease, an application for a lease or the status of a security deposit, or the payment of rent to any person;

 

(e)Assisting an owner or another person in the performance of property management functions by carrying out ministerial, administrative, or clerical tasks;

 

(f)Other actions that do not create or offer to create a contractual obligation on the person's employer; or

 

(g)Any person who, as an owner or lessor of real estate, performs any of the acts specified in this chapter that are performed in the regular course of, or incident to, the management of real estate, business, and the investments therein owned by that person.

 

source

Final Rulemaking published at 52 DCR 6962 (July 29, 2005).