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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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I write separately to address the issue discussed in section B of the court’s opinion, relating to whether the trial court erred in finding that the notice to vacate that BSA gave tenants in reliance on D.C.Code § 42-3505.01® (2001) was invalid. Section 42-3505.01© permits a housing provider to “recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit” so long as specified conditions are met. One condition is that, in advance of recovering possession, the housing provider must serve on the tenant a 180-day notice to vacate. Id., § 42-3505.01(i)(1)(A). There seems to be no dispute that BSA did that here. Another condition is that the housing provider must leave the rental unit idle for a continuous 12-month period after the housing use is discontinued; during that 12-month period, the unit may neither be renovated, nor used for housing, nor put to commercial use. Id., §§ 42-3505.01(i)(1)(B)-(C). There seems to be no dispute that BSA complied with the 12-month restriction (except that appellees refused to vacate and remained in their rental units). In addition, section 42-3505.01(i)(l)(D) provides that “[t]he housing provider shall not resume any housing use of the unit other than rental housing.” This is the provision with which appellees contend BSA failed to comply.