Subchapter III. Relocation Assistance.

§ 42–3403.01. Short title.

This subchapter may be cited as the ‘Relocation and Housing Assistance Act of 1980”.

§ 42–3403.02. Relocation payment.

(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.)

Prior Codifications

1981 Ed., § 45-1621.

Section References

This section is referenced in § 42-2107.

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”.

Cross References

Homestead housing preservation, transfers of real estate of persons not electing to purchase, see § 42-2107.

Emergency Legislation

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).

Temporary Legislation

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).

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

§ 42–3403.03. Relocation services.

The Mayor shall provide relocation assistance to low-income tenants who move from a housing accommodation which is converted into a condominium or cooperative. The Mayor shall provide service in the manner required by § 6-333.01.

§ 42–3403.04. Housing assistance payments.

(a) Required. — If an owner converts a housing accommodation into a condominium or cooperative pursuant to this chapter, the Mayor shall provide housing assistance payment for 3 years to each low-income tenant who does not purchase a unit or share.

(a-1) Administration. — Housing assistance payments shall be administered by the Department of Housing and Community Development.

(b) Eligibility. — In order to receive housing assistance payments, the tenant must:

(1) Be low-income;

(2) Apply for the assistance;

(3) Have been living in a rental unit within the converted housing accommodation for at least 180 days prior to receipt of an owner’s request for a tenant election for purposes of conversion; and

(4) Reside within the District of Columbia after conversion of the housing accommodation.

(1) If a household’s average monthly housing expenses during the 12 consecutive months prior to conversion are less than 25 percent of net monthly household income, the amount of a monthly housing assistance payment is the difference between 25 percent of net monthly household income and the projected average monthly housing expenses after conversion;

(2) If a household’s average monthly housing expenses during the 12 consecutive months prior to conversion are more than 25 percent of net monthly household income, the amount of a monthly housing assistance payment is the difference between the prior average monthly housing expenses and the projected average monthly housing expenses after conversion;

(3) The Mayor may review the eligibility of a household and the amount of payments and change the household’s status accordingly;

(4) For purposes of this subsection, the term “housing expenses” includes rent or monthly payment for a unit plus the cost of all utilities if not included in the rent or monthly payment. The term “housing expense” shall not include a security deposit. The Mayor is not required to consider housing expenses which exceed the level of fair market rents established by the federal Department of Housing and Urban Development for the District of Columbia.

(d) Method. —

(1) The Mayor may make housing assistance payments on a monthly basis or an aggregate basis for any portion of the period of eligibility. An aggregate payment is calculated by multiplying the monthly payment amount by the number of months desired.

(2) The Mayor may contract with a financial institution in the District of Columbia for provision of housing assistance payments with District funds.

(3) The Mayor may provide housing assistance payments to the tenant, or to the tenant’s landlord directly.

(Sept. 10, 1980, D.C. Law 3-86, § 304, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(d), 28 DCR 2824; Mar. 3, 2010, D.C. Law 18-111, § 2111(a), 57 DCR 181.)

Prior Codifications

1981 Ed., § 45-1623.

Effect of Amendments

D.C. Law 18-111 added subsec. (a-1).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2111(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2111(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 2110 of D.C. Law 18-111 provided that subtitle L of title II of the act may be cited as the “Housing Assistance Payment Clarification Amendment Act of 2009”.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

§ 42–3403.05. Payments not subject to District tax.

Relocation and housing assistance payments are not income to the recipient for purposes of the District of Columbia Income and Franchise Tax Act of 1947 (§ 47-1801.01 et seq.).

§ 42–3403.06. Tenant rights.

The Mayor shall include tenant rights to relocation payments, relocation services, and housing assistance payments in the summary of tenant rights required for publication in the D.C. Register. When an owner sends notice of intent to convert a housing accommodation into a condominium or cooperative, the owner shall attach to that notice a summary of tenant rights under this subchapter and an application for relocation services and housing assistance payments as published in the D.C. Register by the Mayor.

§ 42–3403.07. Housing Assistance Fund. [Repealed]

Repealed.

(Sept. 10, 1980, D.C. Law 3-86, § 307, 27 DCR 2975; Mar. 10, 1983, D.C. Law 4-196, § 2, 30 DCR 57; Nov. 5, 1983, D.C. Law 5-38, § 2(g), 30 DCR 4866; Sept. 29, 1988, D.C. Law 7-154, § 2(c), 35 DCR 5715; Dec. 7, 2004, D.C. Law 15-205, § 2082, 51 DCR 8441; Oct. 20, 2005, D.C. Law 16-33,§ 2070, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(l), 53 DCR 6794; Oct. 1, 2007, D.C. Law 16-181, § 3, 53 DCR 6703; Sept. 18, 2007, D.C. Law 17-20, § 2002, 54 DCR 7052; Mar. 21, 2009, D.C. Law 17-319, § 3(b), 56 DCR 214; Mar. 3, 2010, D.C. Law 18-111, § 2111(b), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9032, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 45-1626.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2082 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 2082 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 2070 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2002, of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment, see § 3(b) 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(b) 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).

For temporary (90 day) amendment of section, see § 2111(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2111(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1988 (D.C. Law 7-140, September 21, 2008, law notification 35 DCR 7279).

For temporary (225 day) amendment of section, see § 3(b) 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).

Short Title

Short title of subtitle G of title II of Law 15-205: Section 2081 of D.C. Law 15-205 provided that subtitle G of title II of the act may be cited as the Housing Assistance Fund Amendment Act of 2004.

Short title: Section 2001 of D.C. Law 17-20 provided that subtitle A of title II of the act may be cited as the “Rental Housing Operations Transfer Amendment Act of 2007”.

Effective Dates

Section 5 of D.C. Law 16-181 provided: “Section 2 through 4 shall apply as of October 1, 2007.”

Editor's Notes

Section 104 of D.C. Law 19-171, § 104 made a technical correction to D.C. Law 19-21 which did not affect the repeal of this section.

§ 42–3403.08. Information and technical assistance.

The Mayor shall establish an office to coordinate programs of technical assistance and serve as a central clearinghouse for information needed by tenants regarding the conversion and sale of rental housing. Program areas for this office include, but are not limited to, counseling, subsidy programs, relocation services, housing purchase and rehabilitation finance, tax relief programs, and technical assistance for the formation of tenant organizations, purchase of housing accommodations, rehabilitation, and conversion to cooperative or condominium.

§ 42–3403.09. Expiration provisions.

This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 42-3405.12.

(Sept. 10, 1980, D.C. Law 3-86, § 309, 27 DCR 2975; Nov. 5, 1983, D.C. Law 5-38, § 2(h), 30 DCR 4866; Sept. 29, 1988, D.C. Law 7-154, § 2(d), 35 DCR 5715; Sept. 6, 1995, D.C. Law 11-31, § 3(h), 42 DCR 3239.)

Prior Codifications

1981 Ed., § 45-1628.

Emergency Legislation

For temporary amendment of section, see § 2(c) of the Rental Housing Conversion and Sale Act of 1980 Extension Emergency Amendment Act of 1994 (D.C. Act 10-235, April 28, 1994, 41 DCR 2599).

For temporary amendment of section, see § 3(h) 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(h) 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(h) 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1988 (D.C. Law 7-140, September 21, 2008, law notification 35 DCR 7279).

For temporary (225 day) amendment of section, see § 2(b) of Rental Housing Conversion and Sale Act of 1980 Temporary Extension Amendment Act of 1993 (D.C. Law 10-13, September 11, 1993, law notification 40 DCR 6835).

For temporary (225 day) amendment of section, see § 3(h) 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).

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.

Amendment of section by Law 10-144: Section 2(h) of D.C. Law 10-144 purported to amend this section to read as follows: “This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 45-1662.” Expiration of subchapter: For provisions regarding the expiration of this subchapter, see § 42-3404.12.