D.C. Code tit. 42 § 42-3402.08

Tenancy of elderly tenants and tenants with disabilities.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/12/2026District of ColumbiaCondo Conversion

Operative Text

D.C. Code tit. 42 § 42-3402.08
(a) Eviction limited. --

(1) For the purposes of this subsection, the term “qualifying income” means a total annual household income, as determined by the Mayor, no greater than 95% of the area median income, as defined in § 42-2801(1) .

(2) Notwithstanding any other provision of this subchapter, Chapter 19 of this title , or Chapter 35 of this title , an owner of a rental unit in a housing accommodation converted under the provisions of this subchapter shall not evict or send notice to vacate to an elderly tenant or tenant with a disability if the combined annual household income for his or her unit, as determined by the Mayor, does not exceed the qualifying income, unless:

(A) The tenant violates an obligation of the tenancy and fails to correct the violation within 30 days after receiving notice of the violation from the owner;

(B) A court of competent jurisdiction has determined that the tenant has performed an illegal act within the rental unit or housing accommodation;

(C) The tenant fails to pay rent; or

(D) (i) For the purposes of a single, scheduled tenant election under § 42-3402.03 , the tenant waives, in writing, his or her right to remain a tenant.

(ii) The waiver shall state that it was made voluntarily, without coercion as set forth in § 42-3402.03(h) , and with full knowledge of the ramifications of a waiver of the right to remain a tenant.

(iii) The waiver under sub-subparagraph (i) of this subparagraph shall apply only to the single, scheduled tenant election for which it was given.

(b) Rent level. -- Any owner of a converted unit shall not charge an elderly tenant or tenant with a disability rent in excess of the lawful rent at the time of request for a tenant election for purposes of conversion plus annual increases on that basis authorized under the Rental Housing Act.

(c) Qualification. -

(1) A tenant shall qualify under this subchapter if, on the day a tenant election is held for the purposes of conversion, the tenant:

(A) Is entitled to the possession, occupancy, or the benefits of the tenant's rental unit; and

(B) Is an elderly tenant or a tenant with a disability.

(2) In making a determination that a tenant qualifies as a tenant with a disability under this subchapter , the Mayor:

(A) Shall limit the inquiry to the minimum information and documentation necessary to establish that the tenant meets the definition of a tenant with a disability and shall not inquire further into the nature or severity of the disability;

(B) Shall not require the tenant to provide a description of the disability when making an eligibility determination; provided, that the Mayor may require that a physician or other licensed healthcare professional verify that a tenant meets the definition of a tenant with a disability; and

(C) Shall not require the tenant to provide eligibility documentation in fewer than 30 days.

(3) The Mayor shall maintain records of the information compiled under this subsection and shall not disclose information about the disability of a tenant unless the disclosure is required by law.

(4) In requesting information under this subsection, the Mayor:

(A) Shall not include a qualified voter's name on any publicly available list of eligible voters;

(B) Shall inform tenants that their names will be absent from publicly available lists of eligible voters; and

(C) Shall not disclose information provided about a tenant's disability unless the disclosure is required by law.

(5) The Mayor may provide a list of eligible voters upon request and may make a list of eligible voters available at the site of the tenant election.

(6) The Mayor shall develop all forms and procedures as may be necessary to verify eligibility under this subsection.
Source: Legislative text reproduced verbatim
Plain English

D.C. Code § 42-3401.01 et seq. § 42-3402.08 establishes special protections for elderly tenants and tenants with disabilities living in housing accommodations that are being converted (typically to condominiums or cooperatives). When a qualifying tenant's combined annual household income does not exceed 95% of the area median income, the owner is generally barred from evicting that tenant or issuing a notice to vacate, with narrow exceptions for lease violations, illegal acts, nonpayment of rent, or a voluntary written waiver. The provision also caps rent for these tenants at the lawful rent in effect at the time of the conversion election, with only those annual increases permitted under the Rental Housing Act.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 13, 2026

Plain English — not legal advice.

For Property Managers

Under § 42-3402.08, property owners and managers overseeing a conversion subject to D.C. Code § 42-3401.01 et seq. must identify whether any tenant qualifies as elderly or has a disability and whether that tenant's household income falls at or below 95% of the area median income before initiating any eviction or notice-to-vacate process. Compliant operators generally document the applicable lawful rent at the time of the tenant election and limit subsequent rent increases to those authorized under the Rental Housing Act. Owners should also be aware that the narrow grounds for eviction under this section—such as uncorrected lease violations, illegal acts, or nonpayment—must be carefully substantiated before any action is taken.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

D.C. Code § 42-3401.01 et seq. § 42-3402.08 gives elderly tenants and tenants with disabilities significant protection against eviction and rent increases when their housing is being converted and their household income falls within the qualifying threshold. Tenants who believe these protections apply to them may raise a violation of this section as a defense in eviction proceedings, file a complaint with the D.C. Office of the Tenant Advocate or a relevant city agency, or reach out to a local tenant-rights organization for general information about the process. The provision also limits what information the Mayor's office may request or disclose about a tenant's disability, so tenants have privacy rights built into the qualification process.

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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 12, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

D.C. Code § 42-2801
Not yet ingested

References In

Rules and statutes that cite this regulation

D.C. Code § 42-3404.02
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02b
D.C. Code § 42-3404.02c
D.C. Code § 42-3404.02d
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03a
D.C. Code § 42-3404.06
D.C. Code § 42-3404.06
D.C. Code § 42-3404.09
D.C. Code § 42-3404.10
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03a
D.C. Code § 42-3405.03a
D.C. Code § 42-3405.12
D.C. Code § 42-3402.10
D.C. Code § 42-3402.10
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02d
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03
D.C. Code § 42-3404.03b
D.C. Code § 42-3404.09
D.C. Code § 42-3404.09
D.C. Code § 42-3404.09
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.16
D.C. Code § 42-3404.32
D.C. Code § 42-3404.33
D.C. Code § 42-3404.36
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03
D.C. Code § 42-3405.04
D.C. Code § 42-3405.06
D.C. Code § 42-3405.07
D.C. Code § 42-3405.12
D.C. Code § 42-3402.03
D.C. Code § 42-3402.08
D.C. Code § 42-3402.08
D.C. Code § 42-3405.12
D.C. Code § 42-3405.12
D.C. Code § 42-3401.03
D.C. Code § 42-3402.04
D.C. Code § 42-3402.06
D.C. Code § 42-3401.03
D.C. Code § 42-3404.02
D.C. Code § 42-3401.03
D.C. Code § 42-3402.04
D.C. Code § 42-3402.08
D.C. Code § 42-3403.02
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.31
D.C. Code § 42-3405.01
D.C. Code § 42-3401.03
D.C. Code § 42-3401.03
D.C. Code § 42-3402.01
D.C. Code § 42-3402.02
D.C. Code § 42-3402.08
D.C. Code § 42-3403.07
D.C. Code § 42-3404.01a
D.C. Code § 42-3404.02
D.C. Code § 42-3404.02c
D.C. Code § 42-3404.10
D.C. Code § 42-3404.13
D.C. Code § 42-3405.03
D.C. Code § 42-3405.03a
D.C. Code § 42-3401.01
D.C. Code § 42-3401.01
D.C. Code § 42-3402.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.01
D.C. Code § 42-3404.02
D.C. Code § 42-3404.03
D.C. Code § 42-3404.08
D.C. Code § 42-3404.10
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.11
D.C. Code § 42-3404.31
D.C. Code § 42-3404.33
D.C. Code § 42-3404.33

Related Rules

§ 10-2.1
Definitions
§ 5-4-1-2
PURPOSE, DECLARATION OF POLICY
§ 5-4-1-5
APPLICABILITY OF PROVISIONS

Source Information

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