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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Ultimately, I agree with the majority that BSA did not satisfy the conditions of section 42-3505.01(i), but I am not comfortable arriving at that conclusion by looking merely at the statement of legislative purpose in section 42-3501.02 and at section 42-3505.01. Although the clear purpose of the statute as declared in section 42-3501.02 is to protect the rental housing stock, in my view that does not assist us in interpreting section 42-3505.01(i)(1)(D), the task at hand. There seems to be no dispute that section 42-3505.01(i) would have permitted BSA to give tenants the required notice to vacate, leave the units unused for 12 months, and then sell them for non-housing, commercial use.[2] Since section 42-3505.01(i) permits erosion of the rental housing stock, in my view we do not arrive at a reliable answer to the question about whether the sales that BSA actually accomplished or contemplated were consistent with section 42-3505.01(i)(1)(D) by asking whether the end result is protection (instead of depletion) of the supply of rental housing.

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