D.C. Code tit. 42 § 42-3405.03a
Declaratory relief.
Operative Text
(a) An aggrieved owner, tenant, or tenant organization may petition the Mayor for declaratory relief under provisions of this chapter. Upon a showing of reasonable grounds, the Mayor shall grant a hearing and may issue findings of fact, conclusions of law, and declaratory orders and take other enforcement actions provided by this subchapter. (b) The Mayor shall consider a petition for relief and issue a declaratory order with regard to the petition within 30 days after receipt of the petition requesting relief. The Mayor shall promulgate regulations to afford all interested parties an opportunity to participate in any declaratory proceeding. (c) A declaratory order issued pursuant to § 42-3405.03 or § 42-3405.03a shall be the sole means by which the Mayor shall issue an official, binding determination pursuant to the request of an aggrieved owner, tenant, or tenant organization to determine rights under subchapters IV and V of this chapter. Reliance upon any other form of determination shall not be afforded any weight. (d) Notwithstanding the preceding subsection, the following, when taken together, shall constitute conclusive proof of the termination of a tenant’s or a tenant organization’s rights pursuant to subchapters IV and V of this chapter: (1) Certifications provided by the Mayor setting forth the date of receipt of the Notice of Transfer and indicating that no Time Certain Notices from a tenant or tenant organization were received within the prescribed periods; (2) An affidavit from the owner or the owner’s authorized representative attesting to the date, content, and manner of issuance of the Notice of Transfer; and (3) An affidavit from owner or owner’s authorized representative in compliance with the Servicemembers Civil Relief Act, approved October 17, 1940 (54 Stat. 1178; 50 U.S.C. App. § 501 et seq.), as to any tenant whose rights are affected by this chapter.
D.C. Code § 42-3405.03a establishes a formal process through which an owner, tenant, or tenant organization can ask the Mayor to issue a binding legal declaration about their rights under the District's tenant opportunity-to-purchase laws (subchapters IV and V). The Mayor must act on such a petition within 30 days and must allow all interested parties to participate in the proceeding. Importantly, this declaratory order is the only official, binding determination the Mayor can issue on these rights — any other informal guidance or determination carries no legal weight.
Plain English — not legal advice.
Under D.C. Code § 42-3405.03a, property owners who need an authoritative ruling on rights and obligations under the District's tenant opportunity-to-purchase provisions should be aware that only a formal declaratory order from the Mayor constitutes a binding determination. Compliant operators typically ensure that Notices of Transfer are properly documented and that affidavits — including one addressing the Servicemembers Civil Relief Act — are prepared and retained, since these documents, combined with the Mayor's certification, can serve as conclusive proof that tenant rights under subchapters IV and V have been terminated. Relying on informal agency guidance rather than a declaratory order issued under this section does not provide the same legal protection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3405.03a gives tenants and tenant organizations the right to petition the Mayor directly for a formal, binding declaration of their rights under the District's tenant opportunity-to-purchase laws. The Mayor is required to respond to such a petition within 30 days and must provide all interested parties — including tenants — a meaningful opportunity to participate in the proceeding. Tenants who believe their rights under subchapters IV and V may be at issue can explore filing a petition under this section, raising a violation as a defense in related proceedings, or consulting a tenant-rights organization familiar with D.C. housing law for general information about available paths.
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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