D.C. Code tit. 42 § 42-3509.10

Fee for reduction of units.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/12/2026District of ColumbiaNo-Fault Relocation

Operative Text

D.C. Code tit. 42 § 42-3509.10
(a) A housing provider who reduces the number of units in a housing accommodation containing more than 3 and fewer than 11 units, each with a separate certificate of occupancy, including vacant buildings, shall pay the Mayor a fee of 5% of the appraised value of the most valuable unit in the building multiplied by the multiplier calculated pursuant to subsection (b) of this section.

(b) (1) To calculate the multiplier, the Mayor shall subtract the number of remaining units from the number of existing units, and then, if the housing provider so elects, subtract the number of remaining units that are exempted units.

(2) For the purposes of this subsection, the term "exempted unit" means a unit that:

(A) Is rented to a low-income household;

(B) Is rented to a tenant who, as determined by the Mayor:

(i) Has maintained a rental unit in the building complex as the principal place of residence for at least one year prior to the housing provider's reduction of the number of units;

(ii) Is a domiciliary of the District; and

(iii) Is entitled to the possession, occupancy, or benefits of the rental unit;

(C) Is rented to a person who is an elderly tenant or a tenant with a disability, as determined by the Mayor under § 42-3502.24(d) , that does not have a total annual household income, as determined by the Mayor, greater than 100% of the area median income, as that term is defined in § 42-2801(1) ; or

(D) Gains at least one additional bedroom in the process of the reduction of units.

(3) To qualify for an exemption under paragraph (1) of this subsection, a housing provider shall, for each exempted unit:

(A) Set the rent at no higher than:

(i) If seeking an exemption pursuant to paragraph (2)(A), (B), or (C) of this subsection, the rent level before the reduction in units or 30% of the tenant's income, whichever is lower; or

(ii) If seeking an exemption pursuant to paragraph (2)(D) of this subsection, an amount, determined by the Mayor through rulemaking, that is affordable to a household whose income does not exceed 100% of the area median income, as that term is defined in § 42-2801(1) ;

(B) Increase the rent by no more, and no more often, than the increases allowed under § 42-3502.08 for the duration of the tenant's tenancy or 5 years, whichever is longer; and

(C) Otherwise maintain the same lease terms as before the reduction in the number of units.

(4) The number calculated under paragraph (2) of this subsection shall not be less than zero.

(c) This section shall not apply to a building that the Mayor has determined to be a blighted vacant building, as that term is defined in § 42-3131.05(1) .

(d) The Mayor shall deposit into the Housing Production Trust Fund, created pursuant to § 42-2802 , all fees paid pursuant to this section as of April 16, 2020.

(e) For the purposes of this section, "low-income" means annual household income, as determined by the Mayor, no greater than 80% of the area median income, as defined in § 42-2801(1) .

(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this section.
Source: Legislative text reproduced verbatim
Plain English

D.C. Code § 42-3509.10 establishes a fee that applies when a housing provider reduces the number of units in a building containing between 4 and 10 units, each with its own certificate of occupancy. The fee equals 5% of the appraised value of the most valuable unit in the building, multiplied by a figure that reflects how many units are being eliminated. Certain units occupied by low-income households, long-term District-domiciled tenants, elderly or disabled tenants below a specified income threshold, or units gaining bedrooms through the consolidation may be excluded from that multiplier calculation, provided the housing provider meets specific rent and lease conditions. Fees collected are deposited into the District's Housing Production Trust Fund, and the rule does not apply to buildings the Mayor has designated as blighted vacant buildings.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under D.C. Code § 42-3509.10, housing providers who consolidate or otherwise reduce units in a 4-to-10-unit building generally calculate their fee obligation by identifying the appraised value of the building's most valuable unit and applying the statutory multiplier. Operators who wish to reduce their fee exposure may elect to exclude qualifying 'exempted units' from the multiplier, but doing so requires keeping rents at or below pre-reduction levels (or 30% of tenant income, whichever is lower), limiting future rent increases to those permitted under § 42-3502.08 for the longer of the tenancy or five years, and preserving existing lease terms. Careful documentation of each tenant's income, residency history, and domicile status—as determined by the Mayor—is typically part of demonstrating eligibility for each exemption category under this section.

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 § 42-3509.10 is designed in part to protect tenants in smaller buildings when a housing provider reduces the number of units, by creating financial disincentives for such reductions and by conditioning any fee reduction on the housing provider maintaining affordable rents and stable lease terms for qualifying tenants. If you occupy a unit in a 4-to-10-unit building and your landlord is reducing units, you may have rights related to rent levels and lease continuity depending on your income, length of residency, domicile status, or disability or elderly status as recognized under § 42-3502.24(d). Tenants who believe their housing provider is not complying with the conditions of this section may consider contacting the District's Office of the Tenant Advocate or a local tenant-rights organization to understand available complaint and enforcement pathways.

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.

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
D.C. Code § 42-3131.05
Not yet ingested
D.C. Code § 42-2802
Not yet ingested

References In

Rules and statutes that cite this regulation

D.C. Code § 42-3505.06
D.C. Code § 42-3502.01
D.C. Code § 42-3502.03
D.C. Code § 42-3502.04a
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.08
D.C. Code § 42-3502.19
D.C. Code § 42-3505.01
D.C. Code § 42-3501.03
D.C. Code § 42-3502.01
D.C. Code § 42-3502.02
D.C. Code § 42-3502.02
D.C. Code § 42-3502.03
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.08
D.C. Code § 42-3502.08
D.C. Code § 42-3502.08
D.C. Code § 42-3502.09
D.C. Code § 42-3502.10
D.C. Code § 42-3502.10
D.C. Code § 42-3502.10
D.C. Code § 42-3502.11
D.C. Code § 42-3502.11
D.C. Code § 42-3502.12
D.C. Code § 42-3502.12
D.C. Code § 42-3502.14
D.C. Code § 42-3502.15
D.C. Code § 42-3502.15
D.C. Code § 42-3502.15
D.C. Code § 42-3502.19
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3501.03
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.03e
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.08
D.C. Code § 42-3502.08
D.C. Code § 42-3502.10
D.C. Code § 42-3502.10
D.C. Code § 42-3502.12
D.C. Code § 42-3502.12
D.C. Code § 42-3502.12
D.C. Code § 42-3502.13
D.C. Code § 42-3502.13
D.C. Code § 42-3502.14
D.C. Code § 42-3502.16
D.C. Code § 42-3502.16
D.C. Code § 42-3502.24
D.C. Code § 42-3505.02
D.C. Code § 42-3509.04
D.C. Code § 42-3501.01
D.C. Code § 42-3502.03
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.04
D.C. Code § 42-3502.04a
D.C. Code § 42-3502.08
D.C. Code § 42-3502.10
D.C. Code § 42-3502.11
D.C. Code § 42-3502.13
D.C. Code § 42-3502.15
D.C. Code § 42-3502.16
D.C. Code § 42-3502.18
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.02
D.C. Code § 42-3505.02
D.C. Code § 42-3505.02
D.C. Code § 42-3505.10
D.C. Code § 42-3507.05
D.C. Code § 42-3501.03
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.14
D.C. Code § 42-3502.17
D.C. Code § 42-3502.24
D.C. Code § 42-3503.01
D.C. Code § 42-3503.02
D.C. Code § 42-3503.03
D.C. Code § 42-3503.04
D.C. Code § 42-3504.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.02
D.C. Code § 42-3505.03
D.C. Code § 42-3505.04
D.C. Code § 42-3505.07
D.C. Code § 42-3505.31
D.C. Code § 42-3507.03
D.C. Code § 42-3508.02
D.C. Code § 42-3508.04
D.C. Code § 42-3508.04
D.C. Code § 42-3509.01
D.C. Code § 42-3509.02
D.C. Code § 42-3509.04
D.C. Code § 42-3509.08
D.C. Code § 42-3501.03
D.C. Code § 42-3501.03
D.C. Code § 42-3502.05
D.C. Code § 42-3505.01
D.C. Code § 42-3505.07
D.C. Code § 42-3505.09
D.C. Code § 42-3501.01
D.C. Code § 42-3501.03
D.C. Code § 42-3502.01a
D.C. Code § 42-3505.01
D.C. Code § 42-3501.01
D.C. Code § 42-3502.01
D.C. Code § 42-3502.03
D.C. Code § 42-3502.04
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.13
D.C. Code § 42-3502.15
D.C. Code § 42-3502.16
D.C. Code § 42-3502.16
D.C. Code § 42-3502.16
D.C. Code § 42-3502.16a
D.C. Code § 42-3502.18
D.C. Code § 42-3504.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.03
D.C. Code § 42-3505.03
D.C. Code § 42-3505.04
D.C. Code § 42-3509.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.02
D.C. Code § 42-3509.02
D.C. Code § 42-3509.04
D.C. Code § 42-3509.04
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.05
D.C. Code § 42-3502.07
D.C. Code § 42-3502.08
D.C. Code § 42-3502.09
D.C. Code § 42-3502.10
D.C. Code § 42-3502.12
D.C. Code § 42-3502.13
D.C. Code § 42-3502.17
D.C. Code § 42-3502.22
D.C. Code § 42-3503.01
D.C. Code § 42-3504.01
D.C. Code § 42-3504.01
D.C. Code § 42-3505.01
D.C. Code § 42-3507.01
D.C. Code § 42-3501.02
D.C. Code § 42-3501.03
D.C. Code § 42-3502.02
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.06
D.C. Code § 42-3502.08
D.C. Code § 42-3502.08
D.C. Code § 42-3502.10
D.C. Code § 42-3502.11
D.C. Code § 42-3502.11
D.C. Code § 42-3502.11
D.C. Code § 42-3502.13
D.C. Code § 42-3502.13
D.C. Code § 42-3502.14
D.C. Code § 42-3502.14
D.C. Code § 42-3502.15
D.C. Code § 42-3502.15
D.C. Code § 42-3502.15
D.C. Code § 42-3502.17
D.C. Code § 42-3502.18
D.C. Code § 42-3502.22
D.C. Code § 42-3502.22
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.02
D.C. Code § 42-3505.02
D.C. Code § 42-3505.02
D.C. Code § 42-3505.03
D.C. Code § 42-3505.06
D.C. Code § 42-3505.07
D.C. Code § 42-3505.31
D.C. Code § 42-3507.01
D.C. Code § 42-3507.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.04
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.06
D.C. Code § 42-3505.07
D.C. Code § 42-3506.02
D.C. Code § 42-3507.01
D.C. Code § 42-3507.03
D.C. Code § 42-3507.03
D.C. Code § 42-3501.03
D.C. Code § 42-3502.03c
D.C. Code § 42-3502.05
D.C. Code § 42-3502.06
D.C. Code § 42-3502.08
D.C. Code § 42-3502.09
D.C. Code § 42-3502.11
D.C. Code § 42-3502.16
D.C. Code § 42-3502.16
D.C. Code § 42-3504.02
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.03
D.C. Code § 42-3506.01
D.C. Code § 42-3509.01
D.C. Code § 42-3509.10
D.C. Code § 42-3502.08
D.C. Code § 42-3505.54
D.C. Code § 42-3501.02
D.C. Code § 42-3502.05
D.C. Code § 42-3502.14
D.C. Code § 42-3502.15
D.C. Code § 42-3502.24
D.C. Code § 42-3502.24
D.C. Code § 42-3505.01
D.C. Code § 42-3505.02
D.C. Code § 42-3505.02
D.C. Code § 42-3505.03
D.C. Code § 42-3501.01
D.C. Code § 42-3501.01
D.C. Code § 42-3501.01
D.C. Code § 42-3501.03
D.C. Code § 42-3502.01a
D.C. Code § 42-3502.05
D.C. Code § 42-3502.08
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.01
D.C. Code § 42-3505.10
D.C. Code § 42-3502.10
D.C. Code § 42-3502.11

Related Rules

§ 9
Stay of proceedings
§ 247.5
§ 247.5 Inapplicability to substantial rehabilitation or demolition.
§ 247.10
§ 247.10 Inapplicability to substantial rehabilitation or demolition; right of disposition unimpaired.

Source Information

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