Code of the District of Columbia

§ 42–3402.10. Exceptions to coverage of subchapter; expiration provisions.

(a) This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 42-3405.12.

(b) The rights granted under § 42-3402.08 to eligible elderly and disabled tenants shall not be abrogated or reduced notwithstanding such a declaration by the Mayor.

(c)(1) A housing provider shall not unreasonably interfere with the tenant’s comfort, safety, or enjoyment of a rental unit, or engage in retaliatory action under § 42-3505.02, for the purpose of causing a housing accommodation to become vacant.

(2) For the purposes of this subsection, the terms “unreasonable interference” or “retaliatory action” may include:

(A) The knowing circulation of inaccurate information;

(B) Frequent visits or calls over the objection of the household;

(C) The threat of retaliatory action;

(D) An act or threat not otherwise permitted by law to recover possession of a rental unit, increase rent, decrease services, increase the obligation of a tenant or cause undue or avoidable inconvenience, harass or violate the privacy of the household, reduce the quality or quantity of service, refuse to honor a lease, rental agreement, or any provision of a lease or rental agreement, refuse to renew a lease or rental agreement, or terminate a tenancy without legal cause; or

(E) Any other form of threat or coercion.

(d)(1) The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status that are fully vacant as of the date of application to the Mayor for a vacancy exemption; provided, that this exemption shall not apply to:

(A) § 42-3402.04; or

(B) Any violation of subsection (c) of this section.

(2) The Mayor shall make such inquiries as the Mayor considers appropriate to determine whether the vacating of each unit was voluntary.

(3) If the Mayor determines that the vacating of any unit was not voluntary, the Mayor shall disapprove or rescind the approval of the application for exemption.

(4) All vacancy exemptions shall expire after 180 days; provided, that vacancy exemptions in effect on March 25, 2009, shall expire 180 days after March 25, 2009.

(e) The Mayor may impose civil fines, penalties, and fees for any infraction of the provisions of this section, or any rules issued under the authority of this section pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.]. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.].


(Sept. 10, 1980, D.C. Law 3-86, § 210, 27 DCR 2975; Nov. 5, 1983, D.C. Law 5-38, § 2(f), 30 DCR 4866; Sept. 29, 1988, D.C. Law 7-154, § 2(b), 35 DCR 5715; Sept. 6, 1995, D.C. Law 11-31, § 3(g), 42 DCR 3239; Nov. 16, 2006, D.C. Law 16-179, § 2(e), 53 DCR 6698; Mar. 2, 2007, D.C. Law 16-192, § 2162(b), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-354, § 2(c), 56 DCR 1155.)

Prior Codifications

1981 Ed., § 45-1618.

Section References

This section is referenced in § 42-3404.12 and § 42-3405.07.

Effect of Amendments

D.C. Law 16-179 substituted “elderly and disabled” for “elderly”.

D.C. Law 16-192 rewrote the section which had read as follows: “This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 42-3405.12. The rights granted under § 42-3402.08 to eligible elderly and disabled tenants may not be abrogated or reduced notwithstanding such a declaration by the Mayor. The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status which are fully vacant as of the date of application to the Mayor for a vacancy exemption. Occupancy by 1 or more employees or other occupants for security or similar nontenancy purposes shall not prevent the accommodation from qualifying for a vacancy exemption. The owner shall submit to the Mayor an application for vacancy exemption in order to qualify for this vacancy exemption. The application shall require that the owner certify that the owner is not an owner or purchaser as described in the third sentence of the second paragraph of § 42-3402.02(a), and that the owner has affirmatively sought information from any applicable former owner in order to make a truthful certification. The Mayor shall accept the owner’s certification unless the Mayor has received information which tends to challenge the truthfulness of the certification.”

D.C. Law 17-354 rewrote the section, which had read as follows: “This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 42-3405.12. The rights granted under § 42-3402.08 to eligible elderly and disabled tenants may not be abrogated or reduced notwithstanding such a declaration by the Mayor. The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status that are fully vacant as of the date of application to the Mayor for a vacancy exemption; provided, that this exemption shall not apply to § 42-3402.04. Occupancy by 1 or more employees or other occupants for security or similar nontenancy purposes shall not prevent the accommodation from qualifying for a vacancy exemption. The owner shall submit to the Mayor an application for vacancy exemption in order to qualify for this vacancy exemption. The application shall require that the owner certify that the owner is not an owner or purchaser as described in the third sentence of the second paragraph of § 42-3402.02(a), and that the owner has affirmatively sought information from any applicable former owner in order to make a truthful certification. The Mayor shall investigate all requests for vacancy exemptions under this section and photographically document the vacant status of at least 25% of the total number of randomly selected units in the housing accommodation. All vacancy exemptions shall expire 90 days after certification. Vacancy exemptions properly certified, and in effect, on March 2, 2007, shall expire 90 days after March 2, 2007.”

Cross References

Filing and recordation of articles of incorporation of cooperative associations, see § 29-906.

Notice, registration or rejection, and hearing provisions concerning application for registration of condominium, see § 42-1904.06.

Emergency Legislation

For temporary amendments of section, see § 2(b) of the Rental Housing Conversion and Sale Act of 1980 Extension Emergency Amendment Act of 1993 (D.C. Act 10-29, May 19, 1993, 40 DCR 3418) and § 2(b) of the Rental Housing Conversion and Sale Act of 1980 Extension Congressional Recess Emergency Amendment Act of 1993 (D.C. Act 10-82, August 4, 1993, 40 DCR 6056).

For temporary amendment of section, see § 2(b) of the Rental Housing Conversion and Sale Act of 1980 Extension Emergency Amendment Act of 1994 (D.C. Act 10-235, April 28, 1994, 41 DCR 2599).

For temporary amendment of section, see § 3(g) 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(g) 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(g) 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).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Vacancy Conversion Fee Exemption Reinstatement Emergency Act of 2006 (D.C. Act 16-533, December 4, 2006, 53 DCR 9844).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Vacancy Conversion Fee Exemption Reinstatement Emergency Amendment Act of 2007 (D.C. Act 17-31, April 19, 2007, 54 DCR 4081).

For temporary (90 day) repeal of Subtitle M of Title II of the Fiscal Year 2007 Budget Support Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899), see § 2 of Conversion Fee Clarification Emergency Amendment Act of 2008 (D.C. Act 17-305, February 22, 2008, 55 DCR 2516).

For temporary (90 day) amendment, see § 2(b) of Vacancy Exemption Repeal Clarification Emergency Amendment Act of 2008 (D.C. Act 17-461, July 28, 2008, 55 DCR 8732).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1988 (D.C. Law 7-140, September 21, 2008, law notification 35 DCR 7279).

For temporary (225 day) amendment of section, see § 2(b) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1993 (D.C. Law 10-13, September 11, 1993, law notification 40 DCR 6835).

For temporary (225 day) amendment of section, see § 2(b) 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 6706).

Section 2 of D.C. Law 16-250 repealed Subtitle M of Title II of the Fiscal year 2007 Budget Support Emergency Act of 2006, effective August 8, 2006 (D.C. Act 16-477; 53 DCR 7068), as of August 8, 2006.

Section 3 of D.C. Law 16-250 repealed Subtitle M of Title II of the Fiscal year 2007 Budget Support Congressional Review Emergency Act of 2006, effective October 3, 2006 (D.C. Act 16-499; 53 DCR 8818), as of October 3, 2006.

Section 2 of D.C. Law 17-17 repealed Subtitle M of Title II of the Fiscal Year 2007 Budget Support Act of 2006, effective March 2, 2007 (D.C. Act 16-476; 53 DCR 6899), as of March 2, 2007.

Section 3 of D.C. Law 17-17 repealed Subtitle M of Title II of the Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007, effective January 16, 2007 (D.C. Act 17-1; 54 DCR 1165), as of January 16, 2007.

Section 2 of D.C. Law 17-162 repealed Subtitle M of Title II of the Fiscal Year 2007 Budget Support Act of 2006, effective March 2, 2007 (D.C. Act 16-476; 53 DCR 6899), as of March 2, 2007.

For temporary (225 day) amendment of section, see § 2(b) of Vacancy Exemption Repeal Clarification Temporary Amendment Act of 2008 (D.C. Law 17-274, November 25, 2008, law notification 55 DCR 12594).

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(g) of D.C. Law 10-144 purported to amend this section to read as follows: “This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 45-1662. The rights granted under § 45-1616 to eligible elderly tenants may not be abrogated or reduced notwithstanding such a declaration by the Mayor. The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status which are fully vacant as of the date of application to the Mayor for a vacancy exemption. Occupancy by 1 or more employees or other occupants for security or similar nontenancy purposes shall not prevent the accommodation from qualifying for a vacancy exemption. The owner shall submit to the Mayor an application for vacancy exemption in order to qualify for this vacancy exemption. The application shall require that the owner certify that the owner is not an owner or purchaser as described in the third sentence of § 45-1611(a)(2) and that the owner has affirmatively sought information from any applicable former owner in order to make a truthful certification. The Mayor shall accept the owner’s certification unless the Mayor has received information which tends to challenge the truthfulness of the certification.”