D.C. Code tit. 42 § 42-2851.03
Notice required upon opting out; inspection of property; maintenance of contract.
Operative Text
(a) The owner of a federally-assisted housing accommodation who intends not to continue participation in the federal assistance program shall transmit to the Mayor, the Director of the Department of Housing and Community Development, the Director of the Department of Consumer and Regulatory Affairs, and the Executive Director of the District of Columbia Housing Authority any notice regarding the intent of the owner not to continue participation that the owner is required to provide to tenants of the housing accommodation or a federal agency under federal law or regulation. (b) (1) One year before participation in the federal assistance program would expire absent the owner’s extension or renewal of participation in the program, the owner of a federally-assisted housing accommodation shall transmit to the Mayor, the Director of the Department of Housing and Community Development, the Director of the Department of Consumer and Regulatory Affairs, and the Executive Director of the District of Columbia Housing Authority a form, promulgated by the Mayor, that shall provide notice of the pending expiration date. (2) If the owner intends not to continue participation in the federal assistance program, through any means, including termination of a subsidy contract, termination of rental restrictions, or prepayment of a mortgage on an assisted housing development, the notice shall be sent to each assisted tenant household, the Mayor, the Director of the Department of Housing and Community Development, the Director of the Department of Consumer and Regulatory Affairs, and the Executive Director of the District of Columbia Housing Authority, and shall include the following information: (A) A statement identifying the program under which assistance is provided and stating that the owner intends to terminate the subsidy contract or rental restrictions upon its expiration date, or the expiration date of any contract extension; (B) In the event of prepayment, a statement identifying the program under which the mortgage is insured and stating that the owner intends to: (i) Pay in full or refinance the federally insured or federally held mortgage indebtedness prior to its original maturity date; or (ii) Voluntarily cancel the mortgage insurance; (C) The anticipated date of the termination or prepayment of the federal assistance; (D) A statement of the possibility that the housing may remain in the federal program after the proposed date of the termination of the subsidy contract or prepayment if the owner elects to do so under the terms of the federal government’s offer; (E) A statement that technical assistance may be available through the Department of Housing and Community Development and the address and phone number for that agency; and (F) A statement containing information about available resources as the Mayor may by regulation require. (c) An owner of a federally-assisted housing accommodation who does not continue, or intends not to continue, participation in the federal assistance program for the housing accommodation shall be deemed to have consented to reasonable inspection by the Mayor of the housing accommodation and any owner or housing accommodation report on file with United States Department of Housing and Urban Development. (d) To the extent allowed by federal law, the owner of a federally-assisted housing accommodation that receives assistance pursuant to a HAP contract shall maintain a HAP contract in good standing during the notice period required by this section and during any period during which the Mayor may exercise a right to first refusal. (e) The one-year notice provision of this section shall not be required with respect to any property which ceased to be a federally assisted housing accommodation prior to April 19, 2002.
D.C. Code § 42-2851.03 requires owners of federally-assisted housing who plan to exit a federal assistance program to notify multiple District officials—including the Mayor and the heads of several housing agencies—as well as affected tenants. The notice must be sent at least one year before the program participation is set to expire, and must include specific details such as the type of assistance, the anticipated termination date, and information about available technical assistance. Owners who opt out are also deemed to have consented to reasonable property inspections by the Mayor, and must keep any existing HAP contract in good standing throughout the required notice period.
Plain English — not legal advice.
Under D.C. Code § 42-2851.03, property owners planning to exit a federal assistance program generally transmit the required opt-out notice to the Mayor, the Department of Housing and Community Development, the Department of Consumer and Regulatory Affairs, and the D.C. Housing Authority at least one year before expiration. Compliant operators also send written notice to each assisted tenant household that includes the program name, anticipated termination date, and information about technical assistance resources. Owners should be aware that opting out is treated as consent to reasonable inspections, and any active HAP contract must be kept in good standing throughout the notice period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-2851.03 gives tenants in federally-assisted housing the right to receive advance written notice—at least one year before expiration—if their landlord plans to leave a federal assistance program, along with details about the program, the anticipated termination date, and available resources. If a tenant believes this notice was not properly provided, they may raise that as a concern with the Department of Housing and Community Development, which is identified in the provision as a source of technical assistance. Tenants can also consult a local tenant-rights organization to understand what options may be available when a landlord opts out of a federal housing program.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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