1. (a) If an opportunity to purchase is not provided pursuant to § 42-3404.02, the owner shall provide the Mayor written notice of a transfer of an interest ("Notice of Transfer") in a housing accommodation or of any ownership interest in a corporation, partnership, limited liability company, association, entity formed under Chapter 12 of Title 29, or similar statutory provision of another jurisdiction, or other entity which owns a housing accommodation.
2. (b) Tenants shall have 45 days after the date of receipt of the Notice of Transfer to file a petition for relief pursuant to §§ 42-3405.03 or 42-3405.03a.
3. (c) For a transfer that is not a sale pursuant to § 42-3404.02b(b), but for which a Notice of Transfer is required, the owner shall also provide copies of the Notice of Transfer to each tenant by certified mail or a delivery service providing delivery tracking confirmation. Notice to tenants shall be sent to their address at the housing accommodation unless a tenant has provided the owner with a different address in writing.

4. (d) The Notice of Transfer shall be substantially in the form prescribed by the Mayor and shall provide at a minimum:

   1. (1) A statement of the rights of the tenant or the tenant organization under this chapter;
   2. (2) An accurate description of the transfer, including whether the transfer will result in any changes in management, current rents, or any applicable affordability requirements for the housing accommodation;
   3. (3) The date of the proposed transfer; and
   4. (4) The reason, if any, why the owner asserts the transfer may not constitute a sale as defined in § 42-3404.02b.
5. (e) In addition to any other requirements for the form of the Notice of Transfer prescribed by this section, a Notice of Transfer for a housing accommodation to be transferred for the purposes of receiving tax benefits pursuant to 26 U.S.C. § 42, or a comparable District program, shall include a description of the applicable federal or District subsidy, and a description of the steps in the transaction employed by the developer to avail itself of the subsidy.
6. (f) The owner's failure to provide the Notice of Transfer, or the provision of a notice that is fraudulent or contains material misrepresentations, shall create a rebuttable presumption that the transfer constitutes a sale for purposes of this subchapter and subchapter V of this chapter.
7. (g) A tenant or tenant organization shall be precluded from asserting any rights under this subchapter and subchapter V of this chapter for a transfer exempt under § 42-3404.02b(b).
8. (h) Any change in the transfer agreement that would invalidate a claim of exemption shall be reported in writing to the Mayor, substantially in a form prescribed by the Mayor, and proper notice shall be provided to the tenant or tenant organization.

History

Sept. 10, 1980, D.C. Law 3-86, § 403a

Dec. 31, 2025, D.C. Law 26-80, § 301(e)