Tenant Right and Responsibilities in Washington, DCThe following list is meant to answer some of the frequently asked questions about tenants rights in DC. If you feel your rights as a tenant are being violated or, if you are unsure about your rights contact an LEDC tenant organizer today at 202-588-5102. What should I do about maintenance problems? What if my maintenance problems are still not addressed? How much can my landlord charge for rent? If the building owner wants to renovate, will I need to move? My apartment building is for sale; what can I do? How do I form a tenant association? What happens when an owner wants to convert apartments to condominiums? Who can convert the building? What should tenants do in order to have a vote and say what happens to their building? What about elderly tenants? Who is eligible to vote for/against the conversion?
What should I do about maintenance problems? Keep a detailed log of the maintenance problems in your unit or the common areas of your apartment. Record the date you notified management, any dates maintenance or repair people worked to correct the problem and the completion date. Submit all complaints to management in writing. Keep a copy. If possible have management personelle sign and date your copy so that you have proof they received it. Contact LEDC for a maintenance request form that you can use to submit requests and track the repairs. Do not make maintenance complaints by phone or verbally. Do not make complaints to the maintenance staff – make them directly to the property manager. If there are serious problems throughout the building have the tenant association write a letter which details all the problems. The tenant association can also keep a log of problems and when they are resolved. Representatives of the tenant association can follow up to make sure the repairs are carried out.
What if my maintenance problems are still not addressed? Contact D.C. HRA – Housing Regulation Administration the department responsible for the administration and enforcement of the provisions of the Housing Code and Rental Housing Act. 202-442-4610. When you contact the HRA be sure to have as much information as possible on hand. It is very important that you leave them a number where they can reach you during the business day. A Tenant Association may request a building-wide inspection.
How much can my landlord charge for rent? The Rental Housing Act establishes a maximum rent a landlord can charge for a rental unit – this is the rent ceiling. There are a number of loop-holes in the law and it can be hard to determine what the rent ceiling for your building should be. A new legislative bill that is being debated that should redress most of these problems. Rent increase can only happen once a year If you feel that your rent has been raised illegally, contact LEDC today.If the building owner wants to renovate, will I need to move?
If the building owner wants to renovate, will I need to move? For substantial renovations where you will have to be displaced, the owner is required to give you 120 days notice. Owner is also required to provide financial relocation assistance.
My apartment building is for sale; what can I do? Under DC housing law, tenants have the first right to buy their building when it is for sale. If you've received a notice of sale from your building owner, you have several options: Purchase the Building: Tenants can buy the building and turn it into a co-op, condos or keep it as a rental. Find a Buyer and Negotiate a Deal: Make an agreement that benefits current residents with a company that wants to buy the building. (The first step if tenants are interested in purchasing the building or negotiating with a buyer is to legally incorporate your tenant association and file a Letter of Intent to Purchase.) Do Nothing: The building may be sold to a new company and remain a rental property. In the future the new owner may want to convert the building to condominiums. Or, the new owner may offer a "buy-out"; money given to tenants to leave their apartments. If you do nothing you give up your opportunity to decide what happens to the building.
Condo Conversion Facts What happens when an owner wants to convert apartments to condominiums? An owner may only convert if over half the eligible tenants vote in favor of the conversion. First, an owner must request an election by giving a written request to each tenant and a to the Conversion and Sales Office of DCRA. The request must be sent by first class mail and be posted in the building.
Who can convert the building? What should tenants do in order to have a vote and say in what happens to their building? A tenant organization has 30 days to decide to hold an election on whether the building is converted to condos or not. By the end of those 30 days the Association must give notice of the election to each tenant and to the Conversion and Sales Office. The notice must include: the date, time, place of the election, information on voter eligibility, voter qualification form, absentee ballot form and a summary of tenant information. The election must be held within 60 days of the landlord’s request or the tenants lose their right to an election. The Tenant Association should speak with the Conversion and Sales Office before scheduling the vote. An eligible tenant or the owner may also request the election (instead of a Tenant Association) Voter qualification forms must be completed and sent to the Conversion and Sales Office no later than 7 business days prior to the scheduled election. Only residents who complete the form and are eligible can vote. The Conversion and Sales Office will determine the qualified voters and prepare a voter list which will be available at the election. Voting may be done in person, preferably with a representative of DCRA present, or via absentee ballot. Votes must be delivered to the Conversion and Sales Office before the date and time of the election. Residents can be present when the ballots are opened and counted. The Tenant Association must notify the Conversion and Sales Office and the owner of the results of the election and post the results in the common area within three business days. In order to convert, the vote must be more than 50% in favor of conversion.
What about elderly tenants? Elderly tenants have the right to stay in their building, as renters, even if the building is converted to condos. Tenants are protected who are the head of the household, 62 years of age or older on the day of the election and has a household income below $40,000. Rent increases for these tenants can be no greater than is permitted under rent control (never more than 5% per year).
Who is eligible to vote for/ against the conversion? Only the head of a household living in a rental apartment. The following households are not eligible to vote: Elderly households that are protected from eviction Households in which any member moved into the building less than 90 days before the election Households in which any member has been an employee of the landlord within 120 days of the owner’s request for an election.
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