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District of Columbia

City code in the District of Columbia (D.C. CODE §§ 42-3404.01-13) provides a general right of first purchase for tenants, triggered by a proposed sale or transfer of interest by the owner, regardless of whether the property is subsidized or not. The code requires that each offer of sale include a summary of the tenants’ rights and sources of technical assistance, as published by the city. The notice must further state that the owner will promptly make available to the tenant a floor plan of the building, an itemized list of monthly operating expenses, utility consumption rates, capital expenditures for each of the two preceding calendar years, the most recent rent roll, list of tenants and list of vacant apartments.

A separate D.C. law (D.C. CODE §§ 42-2851.01-08) requires owners of federally-assisted housing who intend to discontinue participation in the federal assistance program to give a one-year notice to the assisted tenant household, the city, the state, the housing authority and the Department of Consumer and Regulatory Affairs. The law also deems any such owner to have consented to a reasonable inspection of the housing by the city. Furthermore, the law prohibits the sale of federally-assisted housing prior to extending the city an assignable first right of refusal in the same manner as the above-described general D.C. tenant right of purchase. This right may not be exercised by the city unless the owner’s plans to sell the property would result in the discontinuance of federal assistance or in the termination of any low-income residency requirements.

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