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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D.C.Code § 42-3507.01 (italics added). This provision requires a housing provider who intends to sell a rental unit to another person who the housing provider knows intends to discontinue housing use of the unit to comply with the requirements of section 42-3505.01(i). In other words, section 42-3507.01 requires an interpretation that a housing provider discontinues housing use of a rental unit if the housing provider intends to sell the unit to another person who the housing provider knows will discontinue housing use. By logical extension, section 42-3507.01 can fairly be read to imply as well that a housing provider resumes housing use of a unit if the housing provider intends to sell the units to another person who the housing provider knows will resume housing use. Section 42-3507.01 thus supports an interpretation that if an intended purchaser of a rental unit that a housing provider withdraws from the rental market pursuant to section 42-3505.01 will put the former rental unit to a housing use other than rental housing, that action may be attributed to the housing provider, if the housing provider knows that this is the purchaser's intent. This precisely describes BSA's position, according to BSA's announced plans. Accordingly, having followed this somewhat tortuous path to its logical conclusion, I am comfortable agreeing with the majority that, in light of BSA's announced plans, it did not satisfy the requirements of D.C.Code § 42-3505.01(i)(1)(D). NOTES

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