4302 NOTICES TO VACATE: REQUIREMENTS AND EFFECT

4302.1 In order to be valid, a notice to vacate shall include the following:

1. (a) A statement detailing the factual basis on which the housing provider relies, including references to the specific provisions of Title V of the Act on which the claim for eviction is grounded;
2. (b) The minimum time to vacate (under § 501 of the Act);
3. (c) A statement that the housing accommodation is registered with the Rent Administrator, and the registration number, or a statement that the accommodation is exempt from registration, and the basis for the exemption; and
4. (d) A statement that a copy of the notice to vacate is being furnished to the Rent Administrator including the address and telephone number of the RACD.

4302.2 In case of a notice to vacate served for substantial rehabilitation, alteration, renovation, demolition, or discontinuance of use, the notice shall also contain the following:

"The law requires me to pay relocation assistance of _."

"If you let me know at least ten (10) days before you move, you will receive the relocation assistance no later than one (1) day before you move. If not, you will receive the relocation assistance within thirty (30) days after you move."

"If you fail to pay rent between now and the end of the one hundred eighty (180) [one hundred twenty (120)] day period, you may be evicted in a shorter period or may lose all or a part of the relocation assistance."

4303.3 In the case of a notice to vacate because of substantial rehabilitation, the notice shall contain the following:

"You have an absolute right to re-rent your unit immediately after the rehabilitation is completed. The rent will be $ _ contingent upon approval by the Rent Administrator."

4302.4 In the case of a notice to vacate for demolition or discontinuance of use, the notice shall contain a certification signed by the housing provider or the housing provider's agent that the tenant(s) have been provided the first opportunity to purchase in accordance with the provisions of D.C. Official Code §§ 42-3401.01 et seq. (2001) but have failed to exercise those

rights within the time allowed.

4302.5 In the case of a notice to vacate because of plans for substantial rehabilitation, alteration, or renovation, the notice shall contain a signed certification by the housing provider or the housing provider's authorized agent that the RACD has approved the plans.4302.6 In the case of a notice to vacate because the housing provider intends to sell the unit to another party who will take immediate and personal use and occupancy of the unit, the notice shall also contain a certification signed by the housing provider or the housing provider's agent that the tenant(s) have been provided the opportunity to purchase pursuant to D.C. Official Code §§ 42-3401.01 et seq. (2001).4302.7 If a court of competent jurisdiction has made a final determination that a tenant has performed an illegal act within the rental unit or housing accommodation occupied by the tenant, no appeal is pending, and the time for appeal has expired, the housing provider may serve a thirty (30) day notice to vacate.4302.8 Any person utilizing the provisions of § 501(d) and (e) of the Act shall submit an affidavit to the Rent Administrator to accompany the notice to vacate, specifying that he or she will not demand or receive rent for any rental unit which is repossessed under this subsection during the twelve (12) month period beginning on the date of recovery of possession of the rental unit, and that the possession is sought for the immediate and personal use and occupancy as a dwelling.4302.9 In the case of a notice to vacate because the housing provider intends to sell the unit to another party who will take immediate and personal use and occupancy of the unit, the notice to vacate shall only be sent by the housing provider of record at the time of the issuance of notice and may not be sent by the contract purchaser.4302.10 Except when the housing provider is seeking to evict the tenant because the purchaser intends to immediately occupy the unit for personal use, the housing provider may never issue a valid notice to vacate on the basis of the plans of a purchasing housing provider. For example, a housing provider may not evict tenants because the housing provider has initiated sale of the housing accommodation to another housing provider who intends to discontinue use, demolish the accommodation, or convert.4302.11 To be valid, a notice to vacate shall be signed by the current housing provider or the housing provider's agent. When a notice to vacate is signed by an agent, service on the agent of any and all complaints, orders or other documents with respect to the notice shall constitute service on the housing provider.4302.12 The requirements for a valid notice to vacate because of conversion of the housing accommodation to a condominium or cooperative shall be in conformity with the provisions of the Rental Housing Conversion and Sales Act of 1980, D.C. Official Code §§ 42-3401.01 et seq.

(2001).

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1419-1421 (March 7, 1986).