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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

956 chars
BSA’s announced intent and the path that it pursued was to require tenants to vacate, leave the rental units idle for twelve months, and thereafter renovate the units and sell them for use as owner-occupied homes. That plan and course of conduct, appellees contend and the trial court found, sufficed to show that BSA did not actually plan to discontinue housing use of the rental units, but instead planned to resume a housing use other than rental housing. This court’s opinion adopts a similar interpretation, concluding that “BSA seeks to avoid the plain meaning of *998the statute by using a third party to do what it was not allowed to do itself: use the property for non-rental housing.” Slip op. at 15 (italics added). The opinion also concludes that BSA’s “proffered intention ... runs contrary to the purpose of the statute,” which is to “protect the existing supply of rental housing from conversion to other uses.” D.C.Code § 42-3501.02 (2001).