District of Columbia Official Code — Title 42, Real Property (Rental Housing)

Title 42 Subtitle VII chapters 32, 32A, 32B, 33, 34 (TOPA, incl. Subch. IV-A), 35 (Rental Housing Act of 1985), 35A (Office of the Tenant Advocate), 35B (Fair Criminal Record Screening for Housing), 36 (Residential Drug-Related Evictions), 36A (Tenant Receivership) and 28A (Low-Income Housing Preservation and Protection). 265 + 8 sections.

Provisions (274)

§ 42-2851.01

Short title.

§ 42-2851.02

Definitions.

§ 42-2851.03

Notice required upon opting out; inspection of property; maintenance of contract.

§ 42-2851.04

District’s first right to purchase section 8 properties.

§ 42-2851.05

Relocation services by Mayor.

§ 42-2851.06

Vouchers for rental housing assistance.

§ 42-2851.07

Penalties for noncompliance.

§ 42-2851.08

Determination of qualified areas.

§ 42-3201

When notice to quit not necessary.

§ 42-3202

Notices to quit.

§ 42-3203

Tenancy at will.

§ 42-3204

Tenancy by sufferance.

§ 42-3205

Notice not to be recalled.

§ 42-3206

Service of notice to quit.

§ 42-3207

Refusal to surrender possession; double rent.

§ 42-3208

Parties may agree to alternate notice provisions; waiver.

§ 42-3209

Recovery of real and personal property leased together.

§ 42-3210

Action in ejectment — When proper.

§ 42-3210.01

Disposal of tenant's personal property upon ejectment.

§ 42-3211

Action in ejectment — Claims for arrears of rent, double rent, and waste; jurisdiction of court; money judgment.

§ 42-3212

Consolidation of actions for arrears of rent and possession.

§ 42-3213

Landlord’s lien for rent — Time of existence.

§ 42-3214

Landlord’s lien for rent — How enforced.

§ 42-3215

Landlord’s lien for rent — When attachment issuable; executing officer’s power of entry.

§ 42-3216

Landlord’s lien for rent — Property subject to lien not to be executed on by another without payment of rent due; when rent in arrears exceeds 3 months.

§ 42-3217

Distress not unlawful and party making it not trespasser ab initio because of irregularity; special damages recoverable; costs; tender of amends defeats recovery.

§ 42-3218

Fraudulent removal, conveyance, or concealment of property to defeat lien subjects guilty party to forfeiture of double value of such property.

§ 42-3219

Representatives of life tenant may recover proportion of rent from under-tenant.

§ 42-3220

Action in debt may be brought for rent in arrears under lease or demise for life.

§ 42-3221

Action by landlord for use and occupation of property where no deed; parol agreement as evidence of quantum of damages.

§ 42-3222

Lease under control of a person with a mental disability — Surrender and renewal; guardian or committee; court order.

§ 42-3223

Leases under control of a person with a mental disability — Lease pursuant to provisions of § 42-3222 valid.

§ 42-3224

Leases under control of a person with a mental disability — Money received for renewal paid to guardian for benefit of person with a disability; characterization of money at death of person with a disability.

§ 42-3225

Lease held by an infant or person with a mental disability — Surrender and renewal; guardian or committee; court order.

§ 42-3226

Lease held by an infant or person with a mental disability — Costs of renewal chargeable to estate of infant or person with a disability or deemed charge upon leasehold.

§ 42-3227

Lease held by an infant or person with a mental disability — New leases to be of same nature and subject to same liabilities as surrendered leases.

§ 42-3228

Lease held by an infant or person with a mental disability — Renewed lease valid.

§ 42-3229

Surrender for new lease good without surrender of underleases; underleases continue unaffected; all rights and remedies to continue.

§ 42-3230

Grant or assignment of reversion of premises or by lessee not to affect rights or duties under lease.

§ 42-3231

Grants of remainders, reversions, and rents good without attornment; payment of rent to grantor without notice valid.

§ 42-3232

Fraudulent attornment void; possession not changed by such attornment; limitation on scope of provisions.

§ 42-3251

Definitions.

§ 42-3252

Testing.

§ 42-3253

Violations.

§ 42-3254

Rules and procedures.

§ 42-3255

Fines and penalties.

§ 42-3271

Lead plumbing tenant disclosure requirements.

§ 42-3301

Definitions.

§ 42-3302

Opportunity for tenants to receive service in own names; payments made by tenants.

§ 42-3303

Appointment of receiver; termination.

§ 42-3304

Penalties.

§ 42-3305

Exclusiveness of remedy.

§ 42-3306

Findings required prior to termination of service.

§ 42-3307

Regulations.

§ 42-3401.01

Findings.

§ 42-3401.02

Purposes.

§ 42-3401.03

Definitions.

§ 42-3401.04

Applicability of Rental Housing Act of 1985.

§ 42-3402.01

Short title.

§ 42-3402.02

Conversions.

§ 42-3402.03

Tenant election.

§ 42-3402.04

Conversion fee.

§ 42-3402.05

Certification fee.

§ 42-3402.05a

Application fees.

§ 42-3402.06

Cooperative conversion.

§ 42-3402.07

[Reserved].

§ 42-3402.08

Tenancy of elderly tenants and tenants with disabilities.

§ 42-3402.09

Property tax abatement.

§ 42-3402.10

Exceptions to coverage of subchapter; expiration provisions.

§ 42-3402.11

Retroactive conversion.

§ 42-3403.01

Short title.

§ 42-3403.02

Relocation payment.

§ 42-3403.03

Relocation services.

§ 42-3403.04

Housing assistance payments.

§ 42-3403.05

Payments not subject to District tax.

§ 42-3403.06

Tenant rights.

§ 42-3403.07

Housing Assistance Fund. [Repealed]

§ 42-3403.08

Information and technical assistance.

§ 42-3403.09

Expiration provisions.

§ 42-3404.01

Short title.

§ 42-3404.01a

Definitions.

§ 42-3404.02

Tenant opportunity to purchase.

§ 42-3404.02a

Registration of a tenant organization.

§ 42-3404.02b

"Sale" defined; excluded properties.

§ 42-3404.02c

Tenant support providers. [Not Funded]

§ 42-3404.02d

Qualified purchaser. [Not Funded]

§ 42-3404.03

Offer of sale.

§ 42-3404.03a

Notice of transfer.

§ 42-3404.03b

Cooling-off period; interference prohibited.

§ 42-3404.04

Third party rights.

§ 42-3404.05

Contract negotiation.

§ 42-3404.05a

Template agreements and contracts; filing with department.

§ 42-3404.06

Exercise or assignment of rights; secondary assignment.

§ 42-3404.07

Waiver of rights.

§ 42-3404.08

Right of first refusal.

§ 42-3404.09

Single-family accommodations.

§ 42-3404.10

Accommodations with 2 through 4 units.

§ 42-3404.11

Accommodations with 5 or more units.

§ 42-3404.12

Exceptions to coverage of subchapter; expiration provisions.

§ 42-3404.13

Notice to convert; offer to sell.

§ 42-3404.14

TOPA Application Assistance Pilot Program.

§ 42-3404.15

TOPA transparency portal. [Not Funded]

§ 42-3404.16

Unlawful acts.

§ 42-3404.31

District’s opportunity to purchase certain housing accommodations.

§ 42-3404.32

Limitations on the District’s opportunity to purchase.

§ 42-3404.33

Limitations on the District as purchaser of a housing accommodation.

§ 42-3404.34

Procedure for District to effectuate purchase.

§ 42-3404.35

Rights of tenants not abrogated.

§ 42-3404.36

Assignment of District rights.

§ 42-3404.37

Rules.

§ 42-3405.01

Rule making; publication requirements.

§ 42-3405.02

Time periods.

§ 42-3405.03

Civil cause of action.

§ 42-3405.03a

Declaratory relief.

§ 42-3405.03b

Choice of forum; standard of review.

§ 42-3405.04

Notice of rejection.

§ 42-3405.05

Investigations.

§ 42-3405.06

Enforcement.

§ 42-3405.07

Revocation.

§ 42-3405.08

Administrative proceedings.

§ 42-3405.09

Judicial review.

§ 42-3405.10

Penalties.

§ 42-3405.10a

Rental Housing Conversion and Sale Act Task Force.

§ 42-3405.11

Statutory construction.

§ 42-3405.12

Declaration of continuing housing crisis.

§ 42-3405.13

Severability.

§ 42-3501.01

Findings.

§ 42-3501.02

Purposes.

§ 42-3501.03

Definitions.

§ 42-3502.01

Continuation of Rental Housing Commission; composition; appointment; qualifications; compensation; removal.

§ 42-3502.01a

Powers and duties of the Chairperson of the Rental Housing Commission.

§ 42-3502.02

Powers and duties of Rental Housing Commission.

§ 42-3502.02a

Immunity for official acts.

§ 42-3502.02b

Independence of the Rental Housing Commission; transfer provisions.

§ 42-3502.03

Rental Accommodations Division of the Department of Housing and Community Development.

§ 42-3502.03a

Rent Administrator — Appointment and removal.

§ 42-3502.03b

Rent Administrator — Qualifications and compensation.

§ 42-3502.03c

Public Accessible Rent Control Housing Database.

§ 42-3502.03d

Housing provider online filing requirements.

§ 42-3502.03e

Rental Housing Registration Fund.

§ 42-3502.04

Duties of the Rent Administrator.

§ 42-3502.04a

Rental Conversion and Sale Division of the Department of Housing and Community Development Rental Conversion and Sale Administrator.

§ 42-3502.04b

Transfer of functions of the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs to the Department of Housing and Community Development.

§ 42-3502.04c

Housing Regulation Administration; Housing Regulation Administrator.

§ 42-3502.05

Registration and coverage.

§ 42-3502.06

Rent ceilings abolished.

§ 42-3502.07

Adjustments in rent ceiling.

§ 42-3502.08

Increases above base rent.

§ 42-3502.09

Rent charged upon termination of exemption and for newly covered rental units.

§ 42-3502.10

Petitions for capital improvements.

§ 42-3502.11

Services and facilities.

§ 42-3502.11a

Mandatory fees prohibited.

§ 42-3502.12

Hardship petition.

§ 42-3502.13

Vacant accommodation.

§ 42-3502.14

Substantial rehabilitation.

§ 42-3502.15

Voluntary agreement.

§ 42-3502.15a

Voluntary agreement moratorium. [Repealed]

§ 42-3502.16

Adjustment procedure.

§ 42-3502.16a

Tenant representation by tenant organization.

§ 42-3502.17

Security deposit.

§ 42-3502.18

Remedy.

§ 42-3502.19

Judicial review.

§ 42-3502.20

Report of Mayor.

§ 42-3502.21

Certificate of assurance. [Repealed]

§ 42-3502.22

Disclosure to tenants.

§ 42-3502.22a

Forms to include definition of the term rent charged.

§ 42-3502.23

Addition to Comprehensive Housing Strategy report.

§ 42-3502.24

Elderly tenants and tenants with disabilities.

§ 42-3503.01

Definitions.

§ 42-3503.02

Establishment of Tenant Assistance Program; designation of monies.

§ 42-3503.03

Authorization to enter into contracts for tenant assistance payments; determination of eligibility; procedure upon determination of eligibility.

§ 42-3503.04

Tenant assistance payments.

§ 42-3503.05

Approval and maintenance of rental units; obligations of families.

§ 42-3503.06

Continued eligibility.

§ 42-3503.07

Termination of eligibility.

§ 42-3503.08

Tax exemption.

§ 42-3504.01

Rental unit fee.

§ 42-3504.02

Rental Unit Fee Fund.

§ 42-3505.01

Evictions.

§ 42-3505.01a

Storage and disposal of tenants' personal property upon eviction.

§ 42-3505.02

Retaliatory action.

§ 42-3505.03

Conciliation and arbitration service.

§ 42-3505.04

Arbitration.

§ 42-3505.05

Prohibition of discrimination against elderly tenants or families with children.

§ 42-3505.06

Right of tenants to organize.

§ 42-3505.07

Notice of lease termination by tenant who is a victim of an intrafamily offense.

§ 42-3505.08

Victims of an intrafamily offense protection — Change locks and notice.

§ 42-3505.09

Sealing of eviction court records.

§ 42-3505.10

Tenant screening.

§ 42-3505.11

Prohibition on separately billing a housing accommodation's utility charges to tenants.

§ 42-3505.31

Authorized fees for the payment of rent beyond 5 days after the rent payment is due.

§ 42-3505.51

Access by housing provider to dwelling unit.

§ 42-3505.52

Housing provider duty to mitigate damages after breach of the rental agreement by tenant.

§ 42-3505.53

Notice of tenant's intent to vacate upon the expiration of an initial lease term.

§ 42-3505.54

Notice of tenant's intent to vacate after the expiration of the signed lease term, renewal or extension term.

§ 42-3505.55

Housing provider's consent before subletting.

§ 42-3505.71

Rent payment reporting program.

§ 42-3506.01

Conversion.

§ 42-3506.02

Demolition.

§ 42-3507.01

Notice of right to assistance.

§ 42-3507.02

Eligibility assistance.

§ 42-3507.03

Payments.

§ 42-3507.04

Relocation advisory services.

§ 42-3507.05

Tenant hot line.

§ 42-3508.01

Declaration of policy.

§ 42-3508.02

Tax abatement for new or rehabilitated vacant rental housing.

§ 42-3508.03

Deferral or forgiveness of water and sewer fees for rehabilitated vacant rental housing.

§ 42-3508.04

Distressed properties improvement program.

§ 42-3508.05

Distressed property improvement plan.

§ 42-3508.06

Incentives for development of single-room-occupancy housing.

§ 42-3509.01

Penalties.

§ 42-3509.02

Attorney’s fees.

§ 42-3509.03

Supersedure.

§ 42-3509.04

Service.

§ 42-3509.05

[Reserved].

§ 42-3509.06

[Reserved].

§ 42-3509.07

Termination.

§ 42-3509.08

Inspection of rental housing.

§ 42-3509.09

Restrictions on tobacco smoking. [Repealed]

§ 42-3509.10

Fee for reduction of units.

§ 42-3531.01

Short title.

§ 42-3531.02

Purpose.

§ 42-3531.03

Findings.

§ 42-3531.04

Definitions.

§ 42-3531.05

Establishment of Office of the Tenant Advocate.

§ 42-3531.06

Chief Tenant Advocate of the Office of the Tenant Advocate.

§ 42-3531.07

Duties of the Office of the Tenant Advocate.

§ 42-3531.08

Establishment, purpose, and membership of the Tenant Advisory Council. [Repealed]

§ 42-3531.09

Housing Assistance Fund.

§ 42-3531.10

Rulemaking authority.

§ 42-3531.11

Reimbursement of emergency housing and relocation expenses.

§ 42-3531.12

Assessment of expenses for emergency housing and relocation assistance.

§ 42-3531.13

Hearing.

§ 42-3531.14

Collection.

§ 42-3531.15

Liens.

§ 42-3531.16

Emergency Housing and Relocation Assistance Fund.

§ 42-3541.01

Definitions.

§ 42-3541.02

Inquiries into certain arrests, accusations, and convictions.

§ 42-3541.03

Exclusions.

§ 42-3541.04

Filing a complaint with the Office of Human Rights; exclusive remedy.

§ 42-3541.05

Penalties.

§ 42-3541.06

Reporting requirements.

§ 42-3541.07

Public education requirements.

§ 42-3541.08

Immunity.

§ 42-3541.09

Rules.

§ 42-3541.10

Applicability. [Repealed]

§ 42-3601

Definitions.

§ 42-3602

Action for possession of rental unit used as a drug haven.

§ 42-3603

Preliminary injunction review.

§ 42-3604

Full hearing.

§ 42-3605

Default judgment.

§ 42-3606

Complaint by affected tenant or resident association.

§ 42-3607

Mayor’s authority and responsibility.

§ 42-3608

Court costs and attorney’s fees.

§ 42-3609

Availability of other remedies.

§ 42-3610

Rules.

§ 42-3631

Definitions.

§ 42-3632

Action for possession of rental unit used as a drug haven.

§ 42-3633

Preliminary injunction review.

§ 42-3634

Full hearing.

§ 42-3635

Default judgment.

§ 42-3636

Complaint by affected tenant or resident association.

§ 42-3637

Mayor’s authority and responsibility.

§ 42-3638

Court costs and attorney’s fees.

§ 42-3639

Definitions.

§ 42-3640

Availability of other remedies.

§ 42-3651.01

Purpose of the appointment of a receiver.

§ 42-3651.02

Grounds for appointment of a receiver.

§ 42-3651.03

Petition for receivership.

§ 42-3651.04

Notice and hearing requirements.

§ 42-3651.05

Appointment of a receiver; continuation of ex parte appointment.

§ 42-3651.06

Powers and duties of a receiver.

§ 42-3651.07

Termination of receivership.

§ 42-3651.08

Final Accounting.