D.C. Code tit. 42 § 42-2851.04
District’s first right to purchase section 8 properties.
Operative Text
(a) Before an owner of a federally-assisted housing accommodation may sell the housing accommodation, the owner shall provide to the Mayor, and the Mayor shall have, an opportunity to purchase the housing accommodation in the same manner, and with the same rights, as the opportunity to purchase is provided to tenants and tenant organizations under §§ 42-3404.02 through 42-3404.04 and 42-3404.08 . The Mayor shall have 30 days after receiving a written offer of sale from the owner to provide the owner with a written statement of interest. The owner shall afford the Mayor a reasonable period of time, but not less than 120 days after receiving the statement of interest, to negotiate a contract of sale. The Mayor and the owner shall bargain in good faith. (b) The Mayor may assign the opportunity to purchase provided under subsection (a) of this section to a person that: (1) Demonstrates the capacity to manage the housing and related facilities for its remaining useful life, either by itself or through a management agent; and (2) Agrees to obligate itself and any successors in interest to maintain the affordability of the assisted housing development as required by subsection (e) of this section. (c) The Mayor shall not exercise the opportunity to purchase provided by this section unless the sale of the housing accommodation by the owner would result in the discontinuance of the use of the housing accommodation as a federally-assisted housing accommodation or in the termination of any low-income residency requirements that apply to the housing accommodation. (d) The income restrictions imposed by the federal assistance program on the dwelling units in the housing accommodation purchased by the Mayor or an assignee of the Mayor shall be maintained by the purchaser for a 30-year period from the date that the purchaser takes possession of the housing accommodation. (e) This section shall not abrogate the rights of tenants under subchapter IV of Chapter 34 of this title .
D.C. Code § 42-2851.04 establishes that before an owner of a federally-assisted housing accommodation can sell the property, the District of Columbia government (through the Mayor) must first be given a formal opportunity to purchase it. The Mayor has 30 days to express written interest after receiving a sale offer, and then at least 120 days to negotiate a purchase contract, with both parties required to bargain in good faith. The District may only exercise this right when the sale would result in the property losing its federally-assisted status or ending low-income residency requirements. If the District or its assignee purchases the property, income restrictions on the units must be maintained for 30 years from the date of possession.
Plain English — not legal advice.
Under D.C. Code § 42-2851.04, owners of federally-assisted housing accommodations who intend to sell are generally expected to provide the Mayor with a formal written offer of sale before proceeding with any transaction. A compliant owner typically allows the full statutory timelines to run — 30 days for the Mayor to express interest and at least 120 additional days for good-faith contract negotiations — before closing with another buyer. Owners should also be aware that existing tenant rights under D.C.'s Tenant Opportunity to Purchase Act are preserved alongside the District's right, meaning both sets of obligations may apply simultaneously.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-2851.04 explicitly preserves tenant rights under subchapter IV of Chapter 34 of the D.C. Code, meaning the District's first right to purchase does not diminish or replace any opportunity-to-purchase rights that tenants or tenant organizations already hold under D.C. law. Tenants living in federally-assisted housing accommodations may want to familiarize themselves with those parallel rights, as both the District's process and tenant purchase rights can be triggered by the same proposed sale. Tenants who believe a sale is proceeding without proper notice or in violation of applicable purchase-opportunity requirements may consider contacting a local tenant-rights organization or the D.C. Office of the Tenant Advocate to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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