D.C. Code tit. 42 § 42-3404.03a
Notice of transfer.
Operative Text
(a) If an opportunity to purchase is not provided pursuant to § 42-3404.02 , the owner shall provide the Mayor written notice of a transfer of an interest ("Notice of Transfer") in a housing accommodation or of any ownership interest in a corporation, partnership, limited liability company, association, entity formed under Chapter 12 of Title 29 , or similar statutory provision of another jurisdiction, or other entity which owns a housing accommodation.
(b) Tenants shall have 45 days after the date of receipt of the Notice of Transfer to file a petition for relief pursuant to §§ 42-3405.03 or 42-3405.03a .
(c) For a transfer that is not a sale pursuant to § 42-3404.02b(b) , but for which a Notice of Transfer is required, the owner shall also provide copies of the Notice of Transfer to each tenant by certified mail or a delivery service providing delivery tracking confirmation. Notice to tenants shall be sent to their address at the housing accommodation unless a tenant has provided the owner with a different address in writing.
(d) The Notice of Transfer shall be substantially in the form prescribed by the Mayor and shall provide at a minimum:
(1) A statement of the rights of the tenant or the tenant organization under this chapter ;
(2) An accurate description of the transfer, including whether the transfer will result in any changes in management, current rents, or any applicable affordability requirements for the housing accommodation;
(3) The date of the proposed transfer; and
(4) The reason, if any, why the owner asserts the transfer may not constitute a sale as defined in § 42-3404.02b .
(e) In addition to any other requirements for the form of the Notice of Transfer prescribed by this section, a Notice of Transfer for a housing accommodation to be transferred for the purposes of receiving tax benefits pursuant to 26 U.S.C. § 42, or a comparable District program, shall include a description of the applicable federal or District subsidy, and a description of the steps in the transaction employed by the developer to avail itself of the subsidy.
(f) The owner's failure to provide the Notice of Transfer, or the provision of a notice that is fraudulent or contains material misrepresentations, shall create a rebuttable presumption that the transfer constitutes a sale for purposes of this subchapter and subchapter V of this chapter .
(g) A tenant or tenant organization shall be precluded from asserting any rights under this subchapter and subchapter V of this chapter for a transfer exempt under § 42-3404.02b(b) .
(h) Any change in the transfer agreement that would invalidate a claim of exemption shall be reported in writing to the Mayor, substantially in a form prescribed by the Mayor, and proper notice shall be provided to the tenant or tenant organization.Under D.C. Code § 42-3401.01 et seq. § 42-3404.03a, when a housing accommodation is transferred without triggering the tenant opportunity-to-purchase process, the property owner is required to notify the Mayor in writing about the transfer. Tenants must also receive a copy of this Notice of Transfer by certified mail or tracked delivery, and they have 45 days from receipt to file a petition for relief. The notice must follow a form prescribed by the Mayor and include specific details such as the nature of the transfer, any changes to management or rents, and the owner's basis for any claimed exemption. Failure to provide the notice—or providing one that is fraudulent or materially misleading—creates a rebuttable presumption that the transfer qualifies as a sale under the statute.
Plain English — not legal advice.
Property owners and managers subject to D.C. Code § 42-3401.01 et seq. § 42-3404.03a generally ensure that a written Notice of Transfer is submitted to the Mayor whenever a covered transfer occurs outside the standard opportunity-to-purchase process. Compliant operators use the Mayor-prescribed form, include all required disclosures—such as changes to management, rents, or affordability requirements—and deliver copies to each tenant by certified mail or a tracked delivery service. When a transfer involves federal Low-Income Housing Tax Credit benefits under 26 U.S.C. § 42 or a comparable District program, the notice must also describe the applicable subsidy and the transaction steps used to access it. Any subsequent changes to the transfer agreement that affect a claimed exemption must be reported in writing to the Mayor, with updated notice provided to tenants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under D.C. Code § 42-3401.01 et seq. § 42-3404.03a, tenants in a housing accommodation subject to a covered transfer have the right to receive a Notice of Transfer by certified mail or tracked delivery, and have 45 days from receipt of that notice to file a petition for relief under the applicable provisions. If an owner fails to provide the notice, or if the notice contains fraudulent or materially misleading information, the law creates a rebuttable presumption that the transfer constitutes a sale—a status that can carry significant legal consequences for the owner. Tenants who believe their rights under this provision have not been honored may consider filing a petition pursuant to §§ 42-3405.03 or 42-3405.03a, or reaching out to a tenant-rights organization familiar with D.C. housing law for general information about 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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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