Code of the District of Columbia

§ 2–1402.24. Exceptions.

(a) Nothing in this chapter is to be construed to apply to the rental or leasing of housing accommodations in a building in which the owner, or members of his or her family occupy one of the living units and in which there are, or the owner intends that there be, accommodations for not more than:

(1) Four families, and only with respect to a prospective tenant, not related to the owner-occupant, with whom the owner-occupant anticipates the necessity of sharing a kitchen or bathroom; or

(2) Two families living independently of each other.

(b) Nothing contained in the provisions of this chapter shall be deemed to permit any rental or occupancy otherwise prohibited by any statute, or by any regulation previously enacted and not repealed herein.

(c) Nothing in this chapter shall apply to the sale or rental of a single-family home sold or rented by an owner if:

(1) The owner does not own more than 3 single-family homes at any one time; or own any interest in, or has owned or reserved on his or her behalf, under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than 3 single-family homes at any one time. This exemption shall apply only to one sale within a 24-month period of the sale of any single-family home by a private owner not residing in that home at the time of the sale or who was not the most recent resident of that home prior to the sale.

(2) The home was sold or rented without:

(A) The use of the sales or rental facilities or services of a real estate broker, agent, or salesperson, or of the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent, or salesperson; and

(B) Without the publication, posting or mailing, after notice, of any advertisement in violation of § 2-1402.21(a)(5).


(Dec. 13, 1977, D.C. Law 2-38, title II, § 224, 24 DCR 6038; Apr. 20, 1999, D.C. Law 12-242, § 2(e), 46 DCR 952; Apr. 11, 2019, D.C. Law 22-281, § 2(d), 66 DCR 1601.)

Prior Codifications

1981 Ed., § 1-2518.

1973 Ed., § 6-2234.

Applicability

Applicability of D.C. Law 22-281: § 7167 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-281. Therefore the amendment of this section by D.C. Law 22-281 has been implemented.

Applicability of D.C. Law 22-281: § 4 of D.C. Law 22-281 provided that the change made to this section by § 2(d) of D.C. Law 22-281 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-281, see § 7167 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-281, see § 7167 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).