Code of the District of Columbia

Subchapter V. Implementation and Enforcement.


§ 42–3405.01. Rule making; publication requirements.

(a) The Mayor shall issue rules for the implementation of this chapter. The Mayor shall issue rules for the holding of elections which shall include, but not be limited to, provisions for secret voting, and the right of any person including the owner to observe the counting of the ballots.

(b) By November 9, 1980, the Mayor shall publish in the D.C. Register a summary of tenant rights and obligations pursuant to this chapter, and sources of technical assistance, which shall include, but shall not be limited to, information regarding counseling, subsidy programs, relocation services, housing purchase and rehabilitation finance, tax relief programs, formation of tenant organizations, purchase of housing accommodations, rehabilitation, and conversion to cooperative or condominium.

(c) By March 5, 1996, the Mayor shall issue updated rules for comment, which shall reflect all changes made by the Rental Housing Conversion and Sale Act of 1980 Reenactment Extension and Amendment Act of 1995. Within 180 days after publication of the proposed rules, the Mayor shall adopt final rules. The failure to meet these deadlines shall not prevent the changes in the Rental Housing Conversion and Sale Act of 1980 Reenactment Extension and Amendment Act of 1995 from being effective immediately upon September 6, 1995.


(Sept. 10, 1980, D.C. Law 3-86, § 501, 27 DCR 2975; Sept. 6, 1995, D.C. Law 11-31, § 3(p), 42 DCR 3239; Apr. 9, 1997, D.C. Law 11-255, § 47, 44 DCR 1271.)

Prior Codifications

1981 Ed., § 45-1651.

Emergency Legislation

For temporary amendment of section, see § 3(p) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1994 (D.C. Act 10-285, July 8, 1994, 41 DCR 4904).

For temporary amendment of section, see § 3(p) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1995 (D.C. Act 11-47, May 4, 1995, 42 DCR 2410) and § 3(p) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Congressional Recess Emergency Act of 1995 (D.C. Act 11-96, July 19, 1995, 42 DCR 3837).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(p) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1994 (D.C. Law 10-176, September 22, 1994, law notification 41 DCR 6076).

References in Text

The Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Act of 1995, referred to in this section, is D.C. Law 11-31.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

Amendment of section by Law 10-144: Section 2(p) of D.C. Law 10-144 purported to amend this section by adding (c) to read as follows:

“(c) Within 180 days after July 23, 1994, the Mayor shall issue updated rules for comment, which shall reflect all changes made by the Rental Housing Conversion and Sale Act of 1980 Extension and Amendment Act of 1994. Within 180 days after publication of the proposed rules, the Mayor shall adopt final rules. The failure to meet these deadlines shall not prevent the changes in the Rental Housing Conversion and Sale Act of 1980 Extension and Amendment Act of 1994 from being effective immediately upon July 23,

Delegation of Authority

Delegation of authority under Rental Housing Conversion and Sale Act of 1983, as amended, see Mayor’s Order 84-8, January 12, 1984.


§ 42–3405.02. Time periods.

If a time period running under this chapter ends on a Saturday, Sunday, or legal holiday, it is extended until the next day which is not a Saturday, Sunday, or legal holiday.


(Sept. 10, 1980, D.C. Law 3-86, § 502, 27 DCR 2975.)

Prior Codifications

1981 Ed., § 45-1652.

Emergency Legislation

For the extension of all deadlines for tenants and tenant organizations to exercise rights for 30 days following the end of a public health emergency under the Rental Housing Conversion and Sale Act of 1980, see § 312 of D.C. Act 23-247, COVID-19 Response Emergency Amendment Act of 2020.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.03. Civil cause of action.

An aggrieved owner, tenant, or tenant organization may seek enforcement of any right or provision under this chapter through a civil action in law or equity, and, upon prevailing, may seek an award of costs and reasonable attorney fees. In an equitable action, the public policy of this chapter favors the waiver of bond requirements to the extent permissible under law or court rule.


(Sept. 10, 1980, D.C. Law 3-86, § 503, 27 DCR 2975.)

Prior Codifications

1981 Ed., § 45-1653.

Section References

This section is referenced in § 42-3404.02, § 42-3404.02a, § 42-3405.03a, § 42-3405.03b, and § 42-3405.06.

Editor's Notes

For exempt from the Tenant Opportunity to Purchase Act of 1980 for the real property described as Lot 818 in Square 240, located at 1338 R Street, N.W., and known as Anna Cooper House, see the Anna Cooper House TOPA Exemption Act of 2018 effective July 17, 2018 (D.C. Law 22-149).

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.03a. Declaratory relief.

(a) An aggrieved owner, tenant, or tenant organization may petition the Mayor for declaratory relief under provisions of this chapter. Upon a showing of reasonable grounds, the Mayor shall grant a hearing and may issue findings of fact, conclusions of law, and declaratory orders and take other enforcement actions provided by this subchapter.

(b) The Mayor shall consider a petition for relief and issue a declaratory order with regard to the petition within 30 days after receipt of the petition requesting relief. The Mayor shall promulgate regulations to afford all interested parties an opportunity to participate in any declaratory proceeding.

(c) A declaratory order issued pursuant to § 42-3405.03 or § 42-3405.03a shall be the sole means by which the Mayor shall issue an official, binding determination pursuant to the request of an aggrieved owner, tenant, or tenant organization to determine rights under subchapters IV and V of this chapter. Reliance upon any other form of determination shall not be afforded any weight.

(d) Notwithstanding the preceding subsection, the following, when taken together, shall constitute conclusive proof of the termination of a tenant’s or a tenant organization’s rights pursuant to subchapters IV and V of this chapter:

(1) Certifications provided by the Mayor setting forth the date of receipt of the Notice of Transfer and indicating that no Time Certain Notices from a tenant or tenant organization were received within the prescribed periods;

(2) An affidavit from the owner or the owner’s authorized representative attesting to the date, content, and manner of issuance of the Notice of Transfer; and

(3) An affidavit from owner or owner’s authorized representative in compliance with the Servicemembers Civil Relief Act, approved October 17, 1940 (54 Stat. 1178; 50 U.S.C. App. § 501 et seq.), as to any tenant whose rights are affected by this chapter.


(Sept. 10, 1980, D.C. Law 3-86, § 503a; as added Nov. 5, 1983, D.C. Law 5-38, § 2(m), 30 DCR 4866; July 22, 2005, D.C. Law 16-15, § 2(d), 52 DCR 6885.)

Prior Codifications

1981 Ed., § 45-1653.1.

Section References

This section is referenced in § 42-3404.02, § 42-3404.02a, and § 42-3405.03b.

Effect of Amendments

D.C. Law 16-15 designated the existing text as subsec. (a), and added subsecs. (b) to (d).

Editor's Notes

For exempt from the Tenant Opportunity to Purchase Act of 1980 for the real property described as Lot 818 in Square 240, located at 1338 R Street, N.W., and known as Anna Cooper House, see the Anna Cooper House TOPA Exemption Act of 2018 effective July 17, 2018 (D.C. Law 22-149).

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.03b. Choice of forum; standard of review.

(a) The rights provided under §§ 42-3405.03 and 42-3405.03a are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 42-3405.03. Unless all parties to the action agree otherwise, once an action has been brought in one forum, an action based on the same or a substantially similar cause of action may not be brought in any other forum.

(b) The applicability of this chapter, and rights created hereunder, shall be determined by examining the substance of the transaction or series of transactions. A step transaction or other device entered into or employed for the purpose of avoiding the obligation to comply with the requirements of this chapter shall be construed in accordance with the substance of the transaction.


(Sept. 10, 1980, D.C. Law 3-86, § 503b; as added Sept. 6, 1995, D.C. Law 11-31, § 3(q), 42 DCR 3239; July 22, 2005, D.C. Law 16-15, § 2(e), 52 DCR 6885.)

Prior Codifications

1981 Ed., § 45-1653.2.

Effect of Amendments

D.C. Law 16-15, in the section heading, inserted “; standard of review”; designated the existing text as subsec. (a); and added subsec. (b).

Emergency Legislation

For temporary addition of section, see § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1994 (D.C. Act 10-285, July 8, 1994, 41 DCR 4904).

For temporary addition of section, see § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1995 (D.C. Act 11-47, May 4, 1995, 42 DCR 2410) and § 3(q) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Congressional Recess Emergency Act of 1995 (D.C. Act 11-96, July 19, 1995, 42 DCR 3837).

Temporary Legislation

For temporary (225 day) addition, see § 3(p) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1994 (D.C. Law 10-176, September 22, 1994, law notification 41 DCR 6076).

Editor's Notes

Reenactment of D.C. Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

Addition of § 45-1653.2 by Law 10-144: Section 2(q) of D.C. Law 10-144 purported to add a § 503b to D.C. Law 3-86 to be codified as § 42-3405.03b which read:

“The rights provided under §§ 45-1653 and 45-1653.1 are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 45-1653. Unless all parties to the action agree otherwise, once an action has been brought in 1 forum, an action based on the same or a substantially similar cause of action may not be brought in any other forum.”


§ 42–3405.04. Notice of rejection.

If the Mayor determines to reject an application by a party pursuant to this chapter, he or she shall notify the applicant of the findings upon which the rejection is based, and that the rejection will be deemed final in 20 days. During the 20-day period, the applicant may petition for reconsideration, and, upon a proper showing of reasonable grounds, shall be entitled to a hearing to contest the particulars specified in the Mayor’s rejection notice. Such notice of rejection shall not take effect during the pendency of a hearing, if requested.


(Sept. 10, 1980, D.C. Law 3-86, § 504, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(g), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1654.

Section References

This section is referenced in § 42-3405.08.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.05. Investigations.

(a) The Mayor may make necessary public or private investigations in accordance with law within or without of the District of Columbia to determine compliance with the requirements of this chapter or to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder.

(b) For the purpose of any investigation under this chapter, the Mayor or any officer designated by rule may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents or other tangible things and the identity and location of persons having knowledge or relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.


(Sept. 10, 1980, D.C. Law 3-86, § 505, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1655.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.06. Enforcement.

(a) The Mayor shall have the power to enforce this chapter and rules and regulations made hereunder. If the Mayor determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) violated any condition imposed in writing in connection with the granting of any application or other request under this chapter; or (3) violated any lawful order or rule of the agency; the Mayor may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in his or her judgment will carry out the purposes of this chapter.

(b) If the Mayor makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the Mayor may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the Mayor shall give notice of the proposal to issue a temporary cease and desist order which shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not such order becomes permanent.

(c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter, or a rule, regulation, or order hereunder, the Mayor with or without prior administrative proceedings may bring an action in the Superior Court of the District of Columbia to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation, or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The Mayor is not required to post a bond in any court proceedings or prove that any other adequate remedy at law exists.

(d) The Mayor may intervene in any civil action involving the enforcement of any right or provision under this chapter. The Mayor may require an owner, tenant, or tenant organization to notify the Mayor of any suit instituted pursuant to § 42-3405.03.

(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.


(Sept. 10, 1980, D.C. Law 3-86, § 506, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824; Oct. 5, 1985, D.C. Law 6-42, § 410(a), 32 DCR 4450.)

Prior Codifications

1981 Ed., § 45-1656.

Section References

This section is referenced in § 42-3405.08.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.07. Revocation.

(a) A certificate issued pursuant to § 42-3402.02(a), an exemption issued pursuant to § 42-3402.02(b) or § 42-3402.10, or registration required pursuant to § 42-3404.11 may be revoked after notice and hearing upon a written finding of fact that the holder of the certificate, the holder of the exemption, or the registrant has:

(1) Failed to comply with the terms of a cease and desist order;

(2) Failed faithfully to perform any stipulation or agreement made with the Mayor as an inducement to grant any certificate, exemption, or registration; or

(3) Made intentional misrepresentations or concealed material facts in an application for a certificate, exemption, or registration.

(b) If the Mayor finds after notice and hearing that the holder of a certificate, the holder of an exemption, or the registrant has been guilty of a violation for which revocation could be ordered, the Mayor may issue a cease and desist order; or, upon adjudication for any infraction thereof, impose civil fines, penalties, and fees as alternative sanctions, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.


(Sept. 10, 1980, D.C. Law 3-86, § 507, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824; Oct. 5, 1985, D.C. Law 6-42, § 410(b), 32 DCR 4450.)

Prior Codifications

1981 Ed., § 45-1657.

Section References

This section is referenced in § 42-3405.08.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.08. Administrative proceedings.

(a) Any proceeding provided in § 42-3405.04, § 42-3405.06, or § 42-3405.07 shall be conducted according to §§ 2-509 and 2-510 and any officer designated to conduct such a proceeding shall not immediately supervise or be subject to supervision by any employee who participates or has participated in the investigation or prosecution of such case.

(b) After any hearing pursuant to this section, and within 10 days after the parties have been notified of the initial decision of the officer who conducted the hearing, if no appeal is taken or no determination is made to review the decision, the Mayor shall adopt and render the initial decision as the final decision and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of § 42-3405.04, § 42-3405.06, or § 42-3405.07, as appropriate.

(c) In the course of, or in connection with any such proceeding, the Mayor or any officer designated by rule may administer oaths or affirmations, take or cause depositions to be taken, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(d) Upon failure to obey a subpoena or to answer questions propounded by the presiding officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.

(e) Any service required or authorized to be made under this section may be made by registered mail or in such other manner reasonably calculated to give actual notice as the Mayor may by regulation or otherwise require.


(Sept. 10, 1980, D.C. Law 3-86, § 508, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1658.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.


§ 42–3405.09. Judicial review.

(a) After the issuance of a final decision and order pursuant to this chapter, and within 15 days after the Mayor has notified the parties of the final decision and order, any party to such proceeding may seek judicial review of such decision and order by filing a petition for review in the District of Columbia Court of Appeals.

(b) Proceedings for judicial review of Mayoral actions shall be subject to and be in accordance with § 2-510.


(Sept. 10, 1980, D.C. Law 3-86, § 509, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1659.


§ 42–3405.10. Penalties.

Any person who wilfully violates any provision of this chapter or any rule adopted under or order issued pursuant to this chapter or any person who wilfully in an application makes any false statement of a material fact or omits to state a material fact shall be fined not less than $1,000 or double the amount of gain from the transaction, whichever is larger, but not more than $50,000; or such person may be imprisoned for no more than 6 months; or both, for each offense. Prosecution for violations of this chapter shall be brought in the name of the District of Columbia by the Office of the Corporation Counsel.


(Sept. 10, 1980, D.C. Law 3-86, § 510, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(i), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1660.


§ 42–3405.10a. Rental Housing Conversion and Sale Act Task Force.

(a) The Mayor shall establish a Rental Housing Conversion and Sale Act Task Force (“Task Force”) within 30 days after July 22, 2005.

(b) The general mandate of the Task Force shall be to examine all aspects of subchapters IV and V of this chapter, including its implementation and compliance with its requirements, and to determine the best means for preserving rental housing, preventing the deterioration of the housing stock, and preventing the displacement of tenants.

(c) The Mayor shall establish the methodology for achieving the purposes of the Task Force in consultation with the members. The Task Force shall issue a report and recommendations proposing policy initiatives and revisions to the statute designed to improve subchapters IV and V of this chapter, which shall be distributed to all members of the Council and the Mayor and made available to the general public within 30 days after its issuance.

(d) As part of its review, the Task Force shall consider:

(1) Whether the District is doing enough to help tenants avail themselves of the opportunity to purchase when an offer is presented, within the prescribed time periods;

(2) Whether the time periods for tenants to avail themselves of the offer of sale are too long or not long enough;

(3) Simplifying the procedures for Time Certain Notices by establishing a single notice procedure for all transactions that do not require a notice to tenants, shortening time periods for sending or filing notices, and eliminating the Notice of Intent to File Petition;

(4) Allowing any tenant in a multi-unit housing accommodation to file a petition for a declaratory order without forming a tenant organization or extending the time period for a tenant organization to form and register;

(5) Limiting this chapter to multi-unit housing accommodations;

(6) Whether the third party rights afforded tenants are being employed to further the purposes of this chapter; and

(7) Whether owners are evading the requirements of this chapter.

(e) The Task Force shall be composed of 7 members, 5 of whom shall be appointed by the Mayor and 2 of whom shall be appointed by the Chairman of the Council. Members of the Task Force shall represent the interests affected by this chapter, including tenants, owners, the District government, title insurers, and other industry representatives.

(f) The Task Force shall continue in existence for 6 months and shall issue its report and recommendations before disbanding.


(Sept. 10, 1980, D.C. Law 3-86, § 510a; as added July 22, 2005, D.C. Law 16-15, § 2(f), 52 DCR 6885; Apr. 7, 2006, D.C. Law 16-91, § 111, 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 101(c), 53 DCR 6794.)

Effect of Amendments

D.C. Law 16-91, in subsecs. (e) and (f), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (e) and (f), validated previously made technical corrections.


§ 42–3405.10b. Tolling of tenant deadlines during a public health emergency.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

The running of all time periods for tenants and tenant organizations to exercise rights under this chapter shall be tolled from the beginning of the period of a public health emergency declared pursuant to § 7-2304.01 until the end of the public health emergency, and for 30 days thereafter; except, that the time periods under § 42-3404.02(d) that are applicable to a Notice of Transfer for a transfer exempt under § 42-3404.02(c)(2)(O), (P) or (Q) shall not be tolled.


(as added May 13, 2021, D.C. Law 24-5, § 3, 68 DCR 003444.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 3 of TOPA COVID-19 Tolling Exemption for Low Income Housing Tax Credit Transfers Emergency Amendment Act of 2021 (D.C. Act 24-21, Feb. 26, 2021, 68 DCR 002596).

For temporary (90 days) creation of this section, see § 405(a) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) creation of this section, see § 405(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) creation of this section, see § 405(a) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

Temporary Legislation

For temporary (225 days) creation of this section, see § 3 of TOPA COVID-19 Tolling Exemption for Low Income Housing Tax Credit Transfers Temporary Amendment Act of 2021 (D.C. Law 24-5, May 13, 2021, 68 DCR 003444).

For temporary (225 days) creation of this section, see § 405(a) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).


§ 42–3405.11. Statutory construction.

The purposes of this chapter favor resolution of ambiguity by the hearing officer or a court toward the end of strengthening the legal rights of tenants or tenant organizations to the maximum extent permissible under law. If this chapter conflicts with another provision of law of general applicability, the provisions of this chapter control.


(Sept. 10, 1980, D.C. Law 3-86, § 511, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(h), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1661.


§ 42–3405.12. Declaration of continuing housing crisis.

(a) Within 1 month of the first annual anniversary date of the effective date of this chapter, and during the same period of each successive year, the Mayor shall determine and then declare whether there is a continuing housing crisis in the District. If the Mayor determines that at least 1 of the factors listed in subsection (b) of this section continue to exist, the Mayor shall declare that there is a continuing housing crisis. If the Mayor determines that none of the factors listed in subsection (b) of this section continue to exist, the Mayor shall declare there is no longer a housing crisis. The Mayor’s declaration shall include the reasons for such determination.

(b) The factors which the Mayor shall consider in determining whether there is a continuing housing crisis in the District include, but are not limited to, the following:

(1) That the percentage of all rental housing units in the District which are vacant, habitable, and available for occupancy is less than 5%;

(2) That the number of new rental units made available for occupancy with the District of Columbia in the previous year is less than the number of units demolished, discontinued in use or converted to condominiums, cooperatives or nonhousing use;

(3) That the number of new or substantially rehabilitated units subsidized under federal or local publicly funded programs and made available for occupancy within the District of Columbia in the past year was less than 10,000 units; and

(4) The Mayor shall consider any other significant factors which relate to the supply of housing available for low-income District of Columbia citizens.

(c) If the Mayor declares that there is no longer a housing crisis within the District of Columbia, the Mayor shall submit a proposed resolution containing the declaration to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution, in whole or in part, within the 45-day review period, the proposed resolution shall be deemed approved. Upon the effective date of Council approval of the Mayor’s proposed resolution declaring that there is no longer a housing crisis in the District of Columbia, or upon a date specified in the resolution, whichever is later, the provisions of this chapter shall no longer be in effect.


(Sept. 10, 1980, D.C. Law 3-86, § 512, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(h), 28 DCR 2824; Sept. 6, 1995, D.C. Law 11-31, § 3(r), 42 DCR 3239.)

Prior Codifications

1981 Ed., § 45-1662.

Section References

This section is referenced in § 42-3401.01, § 42-3402.10, § 42-3403.09, and § 42-3404.12.

Emergency Legislation

For temporary amendment of section, see § 3(r) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1994 (D.C. Act 10-285, July 8, 1994, 41 DCR 4904).

For temporary amendment of section, see § 3(r) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Emergency Act of 1995 (D.C. Act 11-47, May 4, 1995, 42 DCR 2410) and § 3(r) of the Rental Housing Conversion and Sale Act of 1980 Reenactment and Amendment Congressional Recess Emergency Act of 1995 (D.C. Act 11-96, July 19, 1995, 42 DCR 3837).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(r) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1994 (D.C. Law 10-176, September 22, 1994, law notification 41 DCR 6076).

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

Amendment of section by Law 10-144: Section 2(r) of D.C. Law 10-144 purported to amend (c) of this section to read as follows:

“(c) If the Mayor declares that there is longer a housing crisis within the District of Columbia, the Mayor shall submit a proposed resolution containing the declaration to the Council for a 45-day period or review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution, in whole or in part, within the 45-day review period, the proposed resolution shall be deemed approved. Upon the effective date of Council approval of the Mayor’s proposed resolution declaring that there is no longer a housing crisis in the District of Columbia, or upon a date specified in the resolution, whichever is later, the provisions of this chapter shall no longer be in effect.”

Mayor's Orders

Declaration of continuing housing crisis: See Mayor’s Order 85-170, October 10, 1985.


§ 42–3405.13. Severability.

If any provision of this chapter, or any section, clause, phrase, or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of the chapter and of the application of any other provision, section, sentence, clause, phrase, or word shall not be affected.


(Sept. 10, 1980, D.C. Law 3-86, § 513, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(h), 28 DCR 2824.)

Prior Codifications

1981 Ed., § 45-1663.