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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

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Nor, in my view, does the "plain language" of section 42-3505.01(i) dictate that we interpret section 42-3505.01(i)(1)(D) ("The housing provider shall not resume any housing use of the unit other than rental housing") (italics added) to mean not only that BSA itself may not resume a housing use of the units other than rental housing, but also that BSA may not sell to at third party who intends to put the property to a housing use other than rental housing. That would be the plain meaning if, for example, section 42-3505.01(i)(1)(D) said that "no housing provider" (or, "no person") "shall resume any housing use of the unit other than rental housing." Such broad language is used in D.C.Code § 42-3505.01(d) (2001) (providing that "[a] natural person with a freehold interest in the rental unit may recover possession of a rental unit where the person seeks in good *999 faith to recover possession of the rental unit for the person's immediate and personal use and occupancy as a dwelling," and that "[n]o housing provider shall demand or receive rent for any rental unit which the housing provider has repossessed under this subsection during the 12-month period beginning on the date the housing provider recovered possession of the rental unit." (italics added)); and in D.C.Code § 42-3505.01(e) (providing that "[a] housing provider may recover possession of a rental unit where the housing provider has in good faith contracted in writing to sell the rental unit or the housing accommodation in which the unit is located for the immediate and personal use and occupancy by another person," and that "[N]o person shall demand or receive rent for any rental unit which has been repossessed under this subsection during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider." (italics added)). I make a similar observation about the contrast between the D.C. Council's use of language in section 42-3505.01(i)(1)(B) ("The housing provider shall not cause the housing accommodation, of which the unit is a part, to be substantially rehabilitated for a continuous 12-month period beginning from the date that the use is discontinued under this section") and the more direct language it used in section 42-3505.01(i)(1)(D) ("The housing provider shall not resume . . ."). These provisions suggest that the Council — when it meant to do so — knew how to phrase the statute to assure that provisions that permit a landlord to withdraw a property from the rental market for specified reasons also bar anyone else from using the property in a manner that circumvents the protections the Council intended.[3]