§ 47-2853.181. Exemptions from licensure requirement.

Current through October 23, 2012

Except as otherwise provided in this subchapter, nothing contained in this part shall be construed to apply to:

(1) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons shall not be regularly engaged in the real estate business and shall not hold themselves out as real estate brokers, salespersons or property managers;

(2) Any individual who, as an owner or lessor of real estate, shall perform any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that individual;

(3) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;

(4) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;

(5) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this subsection;

(6) Any officer or employee of the United States or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the United States or District government to make appraisals of real estate for real property tax or other government purposes;

(7) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or

(8) Any qualifying nonprofit housing organization as defined by § 47- 3505(a).

                
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(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(m), 53 DCR 4718.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-2853.181.

Effect of Amendments

D.C. Law 16-130, in par. (2), substituted "individual" for "person".

Temporary Amendments of Section

Section 2(n) of D.C. Law 16-101, in par. (2), substituted "natural person" for "person".

Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(n) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Legislative History of Laws

For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

For Law 16-130, see notes following § 47-2853.06.