5297381 Resolution 20-724, Tenant Opportunity to Purchase Congressional Review Emergency Declaration Resolution of 2014

A RESOLUTION

                                                        

20-724

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

December 17, 2014         

 

 

To declare the existence of an emergency, due to congressional review, with respect to the need to amend the Tenant Opportunity to Purchase Act of 1980 to clarify the tenant opportunity to purchase in the case of the sale of multi-unit housing for the purposes of demolition or a notice of discontinuance of housing use.

 

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Tenant Opportunity to Purchase Congressional Review Emergency Declaration Resolution of 2014”.

 

            Sec. 2.(a)  Pursuant to the Tenant Opportunity to Purchase Act of 1980, effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3404.01 et seq.) (“Tenant Opportunity Act”), tenants of multi-unit housing must be given the first opportunity to purchase the property at a price and terms that are in fact a bona fide offer of sale.

(b) The Tenant Opportunity to Purchase Emergency Amendment Act of 2014, effective October 7, 2014, (Act 20-434; 61 DCR 10715) (“Emergency Amendment Act”), defined a bona fide offer of sale in the case of the sale of multi-unit housing for the purposes of demolition or a notice of discontinuance of housing use as a sales price that is less than or equal to the appraised value of the real property.

(c) The Emergency Amendment Act expires on January 5, 2015.

(d) The Tenant Opportunity to Purchase Temporary Amendment Act of 2014, signed by the Mayor on October 17, 2014 (D.C. Act 20-453; 61 DCR 11101) (“temporary legislation”), was transmitted to Congress on November 13, 2014, for the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

(e)  The temporary legislation is projected to become law on December 30, 2014. However, due to adjournment sine die of the 113^th Congress, the temporary act is unlikely to become law by that date.  Therefore, a congressional review emergency is needed to prevent a gap in the law.

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Tenant Opportunity to Purchase Congressional Review Emergency Amendment Act of 2014 be adopted after a single reading.

 

Sec  4.  The resolution shall take effect immediately.