§ 42–2107. Property transfer.

(a) The Mayor shall sell each residential building in the Program for $250 per dwelling unit and each commercial building for up to $5,000 per unit. Commercial, single-family and small multi-family dwellings shall be sold at prices determined by the Mayor after considering the income level of the purchaser, the condition of the property, and such other factors as the Mayor deems appropriate pursuant to rules. In transferring single-family dwellings with one dwelling unit, priority shall be given first to the sale to a low-income person and priority shall be given next to the sale for the development of rental units for low-income persons. Any rules or factors developed by the Mayor for consideration in connection with the transfer of single-family and small multi-family dwellings shall be transmitted to the Council for review and approval pursuant to § 42-2104.

(b) Individuals renting commercial space or residing in buildings in which dwelling units are rented or offered for rent at the time of inclusion of the building in the Program shall be given the right of first refusal to purchase a proprietary interest in the unit in which they reside or in a comparable unit within the building provided that the resident agrees to join a condominium association, tenant association, or cooperative housing association that qualifies for participation in the Program. Those individuals who do not elect to purchase shall have the right to relocation assistance, consistent with § 42-3403.02. If the individual is an elderly tenant, within the meaning of § 42-3402.08, he or she shall be entitled to the protection afforded by that section.

(c) Individuals who are not tenants in a building included in the Program shall participate in the Program individually or through a nonprofit developer, condominium association, or cooperative housing association.

(d) With the exception of those individuals occupying a building at the time that the building is included in the Program, acceptance of individuals as potential homesteaders for the purchase of the building shall be limited to first-time home buyers, as defined in rules promulgated by the Mayor and approved by the Council pursuant to § 42-2104, and commercial properties shall be offered to developers through a competitive bidding process.

(e) The Mayor may provide to low-or moderate-income individuals a second mortgage not to exceed $10,000 per dwelling unit for the cost of repairs of the unit. The homesteaders shall not be required to repay the mortgage until the unit is transferred, as that term is defined in rules promulgated by the Mayor and approved by the Council pursuant to § 42-2104, at which time the entire $10,000 shall become due and owing, plus interest.

(Aug. 9, 1986, D.C. Law 6-135, § 8, 33 DCR 3771; Feb. 24, 1987, D.C. Law 6-192, § 5(e), 33 DCR 7836; June 11, 1999, D.C. Law 13-11, § 2(e), 46 DCR 5487; Apr. 19, 2002, D.C. Law 14-114, § 801(g), 49 DCR 1468.)

Prior Codifications

1981 Ed., § 45-2707.

Section References

This section is referenced in § 42-2802.

Effect of Amendments

D.C. Law 13-11 rewrote subsec. (a); in subsec. (b) struck the phrase “residing in buildings” and insert the phrase “renting commercial space or residing in buildings” in its place, struck the phrase “tenant association” and inserted the phrase “condominium association, tenant association,” in its place; in subsec. (c) added the phrase “, condominium association,” after the phrase “nonprofit developer”; and in subsec. (d) inserted the phrase “, and commercial properties shall be offered to developers through a competitive bidding process” at the end of the sentence after the phrase “pursuant to section 45-2704”. Prior to amendment subsec. (a) provided:

“(a) The Administrator shall sell each residential building in the Program for $250 per dwelling unit and each commercial building for up to $5,000 per unit. Commercial, single-family, and small multi-family dwellings shall be sold at prices determined by the Administrator after considering the income level of the purchaser, the condition of the property, and such other factors as the Administrator deems appropriate pursuant to rules. In transferring single-family dwellings with one dwelling unit, priority shall be given to low-income persons. Any rules or factors developed by the Administrator for consideration in connection with the transfer of single-family and small multi-family dwellings shall be transmitted to the Council for review and approval pursuant to § 45-2704.”

D.C. Law 13-91 validated a previously made technical amendment.

D.C. Law 14-114, in subsec. (a), in the third sentence, substituted “priority shall be given first to the sale to a low-income person and priority shall be given next to the sale for the development of rental units for low-income persons” for “priority shall be given low-income persons”; in subsec. (d), substituted “potential homesteaders for the purchase of the building” for “potential homesteaders”; and substituted “Mayor” for “Administrator” throughout the section.

Emergency Legislation

For temporary amendment of section, see § 2(g)-(j) of the Homestead Housing Preservation Emergency Amendment Act of 1998 (D.C. Act 12-556, January 12, 1999, 45 DCR 625).

For temporary (90-day) amendment of section, see § 2(e) of the Homestead Housing Preservation Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-62, May 10, 1999, 46 DCR 4454).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(g) through (j) of Homestead Housing Preservation Temporary Amendment Act of 1998 (D.C. Law 12-245, April 20, 1999, law notification 46 DCR 4158).