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Current through October 23, 2012
As used in this chapter, the term:
(1) "Condominium" has the same meaning as in § 42-1901.02(4).
(2) "Condominium Act" means the Condominium Act of 1976 (§ 42-1901.01 et seq.).
(3) "Condominium conversion" is the issuance of notice of filing pursuant to § 42-1904.06(a).
(4) "Conversion" shall include cooperative conversions and condominium conversions as defined in this chapter.
(5) "Cooperative" means a cooperative legally incorporated pursuant to the District of Columbia Cooperative Association Act (§ 29-901 et seq.) or a cooperative corporation incorporated in another jurisdiction for the primary purpose of owning and operating real property in which its members reside.
(6) "Cooperative Act" means the District of Columbia Cooperative Association Act (§ 29-901 et seq.).
(7) "Cooperative conversion" is the filing of articles of incorporation pursuant to the Cooperative Act, or the comparable act of another jurisdiction and compliance with the requirements of this chapter, in either order.
(8) "District" means the District of Columbia government.
(9) "Head of household" means a tenant who maintains the affected rental unit as the tenant's principal place of residence, is a resident and domiciliary of the District of Columbia, and contributes more than one-half of the cost of maintaining the rental unit. If no member of a household contributes more than one-half of the cost of maintaining the rental unit, the members of the household who maintain the affected rental unit as their principal place of residence are residents and domiciliaries of the District of Columbia, and contribute to the cost of maintaining the rental unit, may designate one of themselves as the head of household. An individual may be considered a head of household for the purposes of this chapter without regard to whether the individual would qualify as a head of household for the purpose of any other law.
(10) "Division" means the Rental Accommodations Division established by § 42-3502.03 or the Rental Conversion and Sale Division established by § 42- 3502.04a.
(11) "Housing accommodation" or "accommodation" means a structure in the District of Columbia containing 1 or more rental units and the appurtenant land. The term does not include a hotel, motel, or other structure used primarily for transient occupancy and in which at least 60 percent of the rooms devoted to living quarters for tenants or guests are used for transient occupancy if the owner or other person or entity entitled to receive rents is subject to the sales tax imposed by § 47-2001(n)(1)(C) and the occupant of the rental unit has been in occupancy for less than 15 days.
(12) "Low-income" means a household with a combined annual income, in a manner to be determined by the Mayor, which may include federal income tax returns where applicable, totaling less than the following percentages of the lower income guidelines established pursuant to § 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f) for a family of 4 for the Washington Standard Metropolitan Statistical Area (SMSA), as the median is determined by the United States Department of Housing and Urban Development and adjusted yearly by historic trends of that median, and as may be further adjusted by an interim census of District of Columbia incomes by local or regional government agencies:
one-person household .................................................... 50%
two-person household .................................................... 60%
three-person household or a 1 or 2 person household containing a person
who is 62 years of age or older or who has a disability ................. 90%
four-person household .................................................. 100%
five-person household .................................................. 110%
more than 5 person household ........................................... 120%
(13) "Mayor" means the Mayor of the District of Columbia or the designated representative of the Mayor.
(14) "Owner" means an individual, corporation, association, joint venture, business entity and its respective agents, who hold title to the housing accommodation unit or cooperative share.
(15) "Rental Housing Act" means the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; § 42-3501.01 et seq.), or any successor rent control act.
(16) "Rental unit" or "unit" means only that part of a housing accommodation which is rented or offered for rent for residential occupancy and includes an apartment, efficiency apartment, room, suite of rooms, and single-family home or duplex, and the appurtenant land to such rental unit.
(17) "Tenant" means a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy or benefits of a rental unit within a housing accommodation. If the names of 2 or more persons appear on a rental agreement, those persons shall determine which person may exercise a vote under this chapter. The singular term "tenant" includes the plural.
(18) "Tenant organization" means an organization that represents at least a majority of the heads of household in the housing accommodation excluding those households in which no member has resided in the housing accommodation for at least 90 days and those households in which any member has been an employee of the owner during the preceding 120 days.
(Sept. 10, 1980, D.C. Law 3-86, § 103, 27 DCR 2975; Mar. 4, 1981, D.C. Law 3-131, § 801(a), 28 DCR 326; Sept. 6, 1995, D.C. Law 11-31, § 3(c), 42 DCR 3239; July 22, 2005, D.C. Law 16-15, § 2(a), 52 DCR 6885; Apr. 24, 2007, D.C. Law 16-305, § 65, 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-366, § 2(a), 56 DCR 1332.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-1603.
Effect of Amendments
D.C. Law 16-15, in par. (17), added the second sentence.
D.C. Law 16-305, in par. (12), substituted "has a disability" for "is handicapped".
D.C. Law 17-366 rewrote par. (10), which had read as follows:
"(10)'Household' means all of the persons living in a rental unit."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(c) 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).
For temporary (225 day) amendment of section, see § 3 of Tenant Protection Temporary Amendment Act of 2000 (D.C. Law 13-158, September 16, 2000, law notification 47 DCR 8064).
Emergency Act Amendments
For temporary amendment of section, see § 3(c) 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(c) 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(c) 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) addition of § 45-1604 [1981 Ed.], see § 3 of the Tenant Protection Emergency Amendment Act of 2000 (D.C. Act 13-328, May 9, 2000, 47 DCR 4347).
For temporary (90-day) addition of § 45-1604 [1981 Ed.], see § 3 of the Tenant Protection Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13- 411, August 14, 2000, 47 DCR 7285).
Legislative History of Laws
For legislative history of D.C. Law 3-86, see Historical and Statutory Notes following § 42-3401.01.
Law 3-131, the "Rental Housing Act of 1980," was introduced in Council and assigned Bill No. 3-321, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first, amended first and second readings on November 12, 1980, November 25, 1980, and December 9, 1980, respectively. Signed by the Mayor on January 7, 1981, it was assigned Act No. 3-340 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 10-144, see Historical and Statutory Notes following § 42-3405.03a.
For legislative history of D.C. Law 11-31, see Historical and Statutory Notes following § 42-3405.03b.
Law 16-15, the "Rental Housing Conversion and Sales Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-50, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 5, 2005, and May 3, 2005, respectively. Signed by the Mayor on May 26, 2005, it was assigned Act No. 16-89 and transmitted to both Houses of Congress for its review. D.C. Law 16-15 became effective on July 22, 2005.
For Law 16-305, see notes following § 42-820.
Law 17-366, the "Housing Regulation Administration Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-979 which was referred to the Committee on Housing and Public Affairs. The Bill was adopted on first and second readings on November 18, 2008, and December 16, 2008, respectively. Approved without the signature of the Mayor on January 23, 2009, it was assigned Act No. 17-701 and transmitted to both Houses of Congress for its review. D.C. Law 17-366 became effective on March 25, 2009.
Miscellaneous Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42- 3401.01.
Amendment of section by Law 10-144: Section 2(c) of D.C. Law 10-144 purported to amend (7) and (15) to read as follows:
"As used in this chapter, the term:
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"(7) 'Cooperative conversion' is the filing of articles of incorporation pursuant to the Cooperative Act, or the comparable act of another jurisdiction and compliance with the requirements of this chapter, in either order."
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"(15) 'Rental Housing Act' means the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Code § 45-2501 et seq.), or any successor rent control act."
