Code of the District of Columbia

§ 42–1301. Applicability and exceptions.

(a)(1) The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase.

(2) This chapter shall apply only where the purchaser expresses, in writing, an intent to reside in the property to be transferred.

(b) The provisions of this chapter shall not apply to any of the following:

(1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;

(2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;

(3) Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;

(4) Transfers by a nonoccupant fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;

(5) Transfers from one cotenant to one or more other co-tenants;

(6) Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling or any combination of the foregoing;

(7) Transfers between spouses or domestic partners resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;

(8) Transfers or exchanges to or from any governmental entity; and

(9) Transfers made by a person of newly constructed residential property that has not been inhabited.

(c) For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).


(Apr. 20, 1999, D.C. Law 12-263, § 2, 46 DCR 2111; Sept. 12, 2008, D.C. Law 17-231, § 35, 55 DCR 6758.)

Prior Codifications

1981 Ed., § 45-951.

Section References

This section is referenced in § 42-1302.

Effect of Amendments

D.C. Law 17-231, in subsec. (b)(6), substituted “spouse, domestic partner” for “spouse”; in subsec. (b)(7), substituted “spouses or domestic partners” for “spouses”; and added subsec. (c).