D.C. Mun. Regs. tit. 14, r. 14-2220

Current through Register Vol. 71, No. 38, September 20, 2024
Rule 14-2220 - RENTAL OF A FOR SALE INCLUSIONARY UNIT
2220.1

An Inclusionary Unit Owner may temporarily lease a For Sale Inclusionary Unit in accordance with the provisions of this § 2220 if such lease is not otherwise prohibited by applicable cooperative, condominium, or homeowner association rules.

2220.2

Upon written submission of a request for a waiver of the principal occupancy requirement for a temporary absence from an Inclusionary Unit and supporting documentation, DHCD may permit an Inclusionary Unit Owner to temporarily lease a For Sale Inclusionary Unit for a period not to exceed twelve (12) months per request. DHCD shall approve or disapprove the request in its sole discretion considering the evidence before it. Requests to lease a For Sale Inclusionary Unit shall be based on a temporary need of the Owner to vacate the Inclusionary Unit, with intent to return. For example, such needs may include military service or another reason causing the Owner to temporarily leave the District metropolitan area.

2220.3

If the request or any subsequent renewal is denied by DCHD the Inclusionary Unit Owner must reoccupy the unit as their principal residence within ninety (90) days after the denial or sell the unit in accordance with § 2206 within one hundred eighty (180) days after the denial.

2220.4

An Inclusionary Unit Owner who is leasing a For Sale Inclusionary Unit in accordance with this § 2220 shall select tenant Households pursuant to § 2208.

2220.5

Inclusionary Unit Owners that are approved by DHCD to temporarily lease their For Sale Inclusionary Units, and tenants of these For Sale Inclusionary Units, shall comply with the requirements in § 2217.

2220.6

An Inclusionary Unit Owner permitted to temporarily lease a For Sale Inclusionary Unit shall provide DHCD with written notification within five (5) days when a tenant takes possession and a copy of the lease and shall provide DHCD with written notification within five (5) days when a tenant vacates the For Sale Inclusionary Unit.

2220.7

The maximum rent charged during a temporary lease of a For Sale Inclusionary Unit shall be the rent set forth in the Rent and Price Schedule in place on the beginning date of the lease.

2220.8

A condominium fee or assessment that a tenant of a For Sale Inclusionary Unit leased under this § 2220 is required to pay pursuant to the terms of his or her lease shall be considered part of the rent of the tenant when determining whether the rent charged is consistent with the Maximum Rent and Purchase Price Schedule.

D.C. Mun. Regs. tit. 14, r. 14-2220

Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9318 (September 11, 2009); amended by Final Rulemaking published at 64 DCR 13582 (12/29/2017)
Authority: Pursuant to the authority set forth in § 107 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.07) ("Inclusionary" Zoning Act) and Mayor's Order 2008-59, dated April 2, 2008.