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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (111)

Full Text

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BSA’s proffered intention also runs contrary to the purpose of the statute. Section 3501.02, entitled “purposes,” states that the Council sought, inter alia, “... (4) To protect the existing supply of rental housing from conversion to other uses; and (5) To prevent the erosion of moderately priced rental housing....” D.C.Code § 42-3501.02. The Council’s purpose was to protect the diminishing supply of affordable rental housing in the District. To allow the result BSA seeks would be to fly in the face of that purpose. As in Administrator of Veterans Affairs v. Valentine, 490 A.2d 1165 (1985), we decline to construe terms like “housing provider” and “any housing use” narrowly to allow this landlord to achieve a result it deems commercially advantageous. 490 A.2d at 1169-70 (holding, "... in the context of [The Rental Housing Act], “landlord,” “tenant” and “rental unit” are not to be understood solely according to the technical precepts of real property law. Rather, we think they must be interpreted by reference also to their more ordinary usage and the purposes of the statute.”).