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Current through October 23, 2012
(a) Required. -- If an owner converts a housing accommodation into a condominium or cooperative pursuant to this chapter, the owner shall provide a relocation payment to each tenant who does not purchase a unit or share or enter into a lease or lease option of at least 5 years' duration.
(b) Amount. -- An owner shall pay the tenant only if the tenant provides a relocation expense receipt or a written estimate from a moving company or other relocation service provider. Regardless of the amount on the receipt or written estimates, the owner shall pay no less than $125, but is not required to pay more than $1,000 to the tenant.
(c) Method. -- An owner may pay by check or cash to the tenant or person designated by the tenant, and shall pay within 7 days of receipt of the written estimate or receipt, the amount indicated or an amount required by subsection (b) of this section.
(d) Entitlement to receive. -- (1) The tenant who bears the cost of relocation is entitled to the payment. If there is more than 1 tenant who bears the cost of relocation from a unit, the owner shall pay the tenants proportionally.
(2) The owner is not required to make a relocation payment to a tenant against whom the owner has obtained a judgment for possession of the unit.
(3) If an owner does not make a relocation payment as required, the tenant has a private right of action to collect the payment and is entitled to costs and reasonable attorney fees for bringing the action.
(Sept. 10, 1980, D.C. Law 3-86, § 302, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(c), 28 DCR 2824; Mar. 21, 2009, D.C. Law 17-319, § 3(a), 56 DCR 214.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-1621.
Effect of Amendments
D.C. Law 17-319, in subsec. (b), substituted "is not required to pay more than $1,000 to the tenant" for "is not required to pay more than $500 to the tenant".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(a) of Abatement of Nuisance Properties and Tenant Receivership Temporary amendment Act of 2008 (D.C. Law 17-237, October 21, 2008, law notification 55 DCR 11700).
Emergency Act Amendments
For temporary (90 day) amendment, see § 3(a) of Abatement of Nuisance Properties and Tenant Receivership Emergency Amendment Act of 2008 (D.C. Act 17-420, July 8, 2008, 55 DCR 7703).
For temporary (90 day) amendment of section, see § 3(a) of Abatement of Nuisance Properties and Tenant Receivership Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-563, October 27, 2008, 55 DCR 12019).
Legislative History of Laws
For legislative history of D.C. Law 3-86, see Historical and Statutory Notes following § 42-3401.01.
For legislative history of D.C. Law 4-27, see Historical and Statutory Notes following § 42-3402.03.
For Law 17-319, see notes following § 42-3131.01.
Miscellaneous Notes
Reenactment of Law 3-86: See Historical and Statutory Notes following § 42- 3401.01.
