February 13

Tenant Opportunity to Purchase Act: TOPA “Sale” Definition re-analyzed

The Washington City Paper has explored a new Tenant Opportunity to Purchase Act case that is again exploring the definition of a TOPA sale. If you follow TOPA case law, you know that throughout the years the definition of “sale” has been hotly litigated and the statute defining “sale” has been amended. A new case argues that when shares of an entity owner are transferred, and the entity owns a portfolio of properties, it does not constitute a sale for purposes of TOPA. The City Paper’s analysis may overstate the application of this effort, but it nonetheless shows that there remain new creative ways to avoid arduous compliance with TOPA. The article can be found here.

January 10

Washington, DC rents down

A recent study of Washington, DC rents indicates that “Year-over-year average rent growth among mid-quality, three-star apartments declined during the third quarter for the first time in 2014, while average rents in higher quality four- and five-star apartments have been dropping since the second quarter of 2013.” The study’s theory is that the glut of new units, combined with recession, led to landlords competing for tenants in the most expensive units. While renters downsizing to cheaper buildings kept demand for mid-priced units high for a while, the continuation of the construction boom may be decreasing demand for those units, too. An article explaining the study can be found here.

October 6

Public Hearing on DC Council Bills to Amend the DC Rental Housing Act

The DC Council will be hosting a public hearing on six bills to amend Washington, DC Landlord and Tenant law. The six bills are: B20-052, Rent Control Voluntary Agreement Procedure Amendment Act of 2013; B20-074, Residential Lease Omnibus Amendment Act of 2013; B20-830, the Rent Control Amendment Act of 2014; B20-837, the Rent Control Improvement and Protection Amendment Act of 2014; B20-895, the Rent Control Hardship Petition Amendment Act of 2014; and Bill 20-915, the Tenant Opportunity to Purchase Bona Fide Offer Clarification Amendment Act of 2014. The hearing will take place on October 14, 2014, at 11:00 AM, in room 500 of the John A. Wilson Building, 1350 Pennsylvania Ave., N.W.

The proposed legislation with the longest potential reach is the Residential Lease Omnibus Amendment Act. The new law attempts to answer questions such as: Can a landlord charge fee other than rent and still be in rent control compliance? When can a landlord enter a tenant’s unit? and Can a landlord require a tenant to give more than 30 days’ notice to vacate?

For instance, the new law would prohibit a landlord from charging a mandatory fee except as included in the maximum rent charged. This could affect landlords that charge for air conditioning units or pet fees. The new law would limit a landlord’s access to a “reasonable time” for a “reasonable purpose” with “reasonable notice.” These are defined as from 8 am to 6 pm with written notice at lease 48 hours prior to entering. The new law would also limit a landlord’s ability to require more than 30 days notice prior to vacating.

It will be interesting to see whether these bills are enacted as is or with amendments. It is clear, though, the the DC Counsel has rental housing on its mind and landlord and tenant law in DC is an ever-evolving field.

NEWER OLDER 1 2 11 12 13 14 15