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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BSA argues that while the statute places “restrictions on the nature of the ‘housing use’ a ‘housing provider’ may pursue in the future,” the restrictions do not apply here because BSA itself would not be resuming any housing use of appellees’ units; rather, once BSA sells the units, it would no longer be a housing provider and would not run afoul of the restriction that “[t]he housing provider shall not resume any housing use of the unit other than rental housing.” D.C.Code § 42-3505.01(i)(l)(D) (italics added). BSA argues further that there is no indication that the D.C. Council, intended to impose a “restraint on alienation” of property so draconian as to permit a landlord to exit the rental housing business and retire1 only if the landlord already had in hand a third-party purchase contract that would permit the landlord to proceed instead under D.C.Code § 42-3505.01(e) (2001).

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