BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction: DC (municipal)
Effective Date: 2009-11-19
Original Source: https://www.courtlistener.com/opinion/2344963/bsa-77-p-street-llc-v-hawkins/ ↗

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The jury found that Ms. Lymore did not accept BSA’s offer before BSA withdrew it. The jury also found that the remaining tenants had not shown, by a preponderance of the evidence, that BSA prevented or substantially contributed to the failure to obtain the mortgage release. The trial court thereafter entered judgment for *993BSA on the tenants’ breach of contract claim. After a hearing, the trial court on August 28, 2007, entered a declaratory judgment that the notice to vacate BSA issued to the tenants on January 5, 2005, was not in accordance with law and was therefore void. The trial court also found that D.C.Code § 42-3505.01® — the statute under which BSA claimed authority to issue the notice to vacate — did not permit BSA to “resume any housing use of plaintiffs’ units other than for rental housing.” Accordingly, BSA’s notice of eviction in which it disclosed its intention to evict the tenants, leave the property vacant for twelve months, renovate it, then sell it to owner-occupiers, was deemed invalid.

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