D.C. Code tit. 42 § 42-3405.03b
Choice of forum; standard of review.
Operative Text
(a) The rights provided under §§ 42-3405.03 and 42-3405.03a are in the alternative. The party bringing the action may choose the forum and need not exhaust administrative remedies in order to bring an action under § 42-3405.03 . Unless all parties to the action agree otherwise, once an action has been brought in one forum, an action based on the same or a substantially similar cause of action may not be brought in any other forum. (b) The applicability of this chapter, and rights created hereunder, shall be determined by examining the substance of the transaction or series of transactions. A step transaction or other device entered into or employed for the purpose of avoiding the obligation to comply with the requirements of this chapter shall be construed in accordance with the substance of the transaction.
D.C. Code § 42-3401.01 et seq. § 42-3405.03b establishes two key procedural rules for disputes arising under the District's tenant opportunity-to-purchase law. First, a party who has a right to sue may choose between an administrative forum and a court forum, but once a case is filed in one forum, the same dispute generally cannot be re-filed in another. Second, the law looks at the real substance of any transaction—not just its form—so that arrangements structured to sidestep the law's requirements are treated as if they were the transactions the law was designed to cover.
Plain English — not legal advice.
Under § 42-3405.03b, property owners and managers should be aware that structuring a sale or transfer in a way designed to avoid the requirements of D.C. Code § 42-3401.01 et seq. does not provide a safe harbor—regulators and courts will look past the form of the transaction to its substance. Compliant operators document transactions transparently and ensure that each step of a multi-part deal independently satisfies the chapter's obligations. Once a dispute is filed in a particular forum, operators should also recognize that the opposing party's forum choice is generally binding for that cause of action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3401.01 et seq. § 42-3405.03b gives the party bringing a claim the power to choose between available forums—administrative or judicial—without first exhausting administrative remedies if a court action is preferred. Tenants or tenant organizations who believe a landlord has used a complex or multi-step transaction to circumvent their rights may find that § 42-3405.03b's substance-over-form rule supports their position, since the law is applied based on what a transaction actually accomplishes rather than how it is labeled. Tenant-rights organizations and legal aid offices in the District can help individuals understand which forum and which cause of action may be available in a given situation.
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
References In
Rules and statutes that cite this regulation