Section 42-3402.10 - Exceptions to coverage of subchapter; expiration provisions(a) This subchapter shall remain in effect until the Mayor declares that a housing crisis no longer exists pursuant to § 42-3405.12.(b) The rights granted under § 42-3402.08 to eligible elderly and disabled tenants shall not be abrogated or reduced notwithstanding such a declaration by the Mayor.(c)(1) A housing provider shall not unreasonably interfere with the tenant's comfort, safety, or enjoyment of a rental unit, or engage in retaliatory action under § 42-3505.02, for the purpose of causing a housing accommodation to become vacant.(2) For the purposes of this subsection, the terms "unreasonable interference" or "retaliatory action" may include: (A) The knowing circulation of inaccurate information;(B) Frequent visits or calls over the objection of the household;(C) The threat of retaliatory action;(D) An act or threat not otherwise permitted by law to recover possession of a rental unit, increase rent, decrease services, increase the obligation of a tenant or cause undue or avoidable inconvenience, harass or violate the privacy of the household, reduce the quality or quantity of service, refuse to honor a lease, rental agreement, or any provision of a lease or rental agreement, refuse to renew a lease or rental agreement, or terminate a tenancy without legal cause; or(E) Any other form of threat or coercion.(d)(1) The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status that are fully vacant as of the date of application to the Mayor for a vacancy exemption; provided, that this exemption shall not apply to: (B) Any violation of subsection (c) of this section.(2) The Mayor shall make such inquiries as the Mayor considers appropriate to determine whether the vacating of each unit was voluntary.(3) If the Mayor determines that the vacating of any unit was not voluntary, the Mayor shall disapprove or rescind the approval of the application for exemption.(4) All vacancy exemptions shall expire after 180 days; provided, that vacancy exemptions in effect on March 25, 2009, shall expire 180 days after March 25, 2009.(e) The Mayor may impose civil fines, penalties, and fees for any infraction of the provisions of this section, or any rules issued under the authority of this section pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.]. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.].Sept. 10, 1980, D.C. Law 3-86, § 210, 27 DCR 2975; Nov. 5, 1983, D.C. Law 5-38, § 2(f), 30 DCR 4866; Sept. 29, 1988, D.C. Law 7-154, § 2(b), 35 DCR 5715; Sept. 6, 1995, D.C. Law 11-31, § 3(g), 42 DCR 3239; Nov. 16, 2006, D.C. Law 16-179, § 2(e), 53 DCR 6698; Mar. 2, 2007, D.C. Law 16-192, § 2162(b), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-354, § 2(c), 56 DCR 1155.Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.
Amendment of section by Law 10-144: Section 2(g) 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. The rights granted under § 45-1616 to eligible elderly tenants may not be abrogated or reduced notwithstanding such a declaration by the Mayor. The provisions of this subchapter shall not apply to the conversion of housing accommodations into condominium or cooperative status which are fully vacant as of the date of application to the Mayor for a vacancy exemption. Occupancy by 1 or more employees or other occupants for security or similar nontenancy purposes shall not prevent the accommodation from qualifying for a vacancy exemption. The owner shall submit to the Mayor an application for vacancy exemption in order to qualify for this vacancy exemption. The application shall require that the owner certify that the owner is not an owner or purchaser as described in the third sentence of § 45-1611(a)(2) and that the owner has affirmatively sought information from any applicable former owner in order to make a truthful certification. The Mayor shall accept the owner's certification unless the Mayor has received information which tends to challenge the truthfulness of the certification."
Filing and recordation of articles of incorporation of cooperative associations, see § 29-906. Notice, registration or rejection, and hearing provisions concerning application for registration of condominium, see § 42-1904.06. .