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DC’s New AirBnB Law

In Real Estate by Richard Bianco

On Tuesday October 2, 2018, the D.C Council took a preliminary, unanimous, vote to enact one of the most stringent regulations in the Country on short-term housing rentals such as Airbnb , HomeAway, and VRBO.

If the bill becomes law in its present form, homeowners would only be allowed to rent out rooms in their main residence for 90 days per year while they are absent – so called “vacation rentals.” However, there is no limit on rentals while the host is present, i.e. spare bedroom “house sharing.”

D.C. Real Estate News

In Other, Real Estate by Richard Bianco

It’s hot, like really hot. Like sign of the apocalypse, wrath of god, we are finally paying for our sins in a fiery humid eternity. I can’t imagine that anyone can generate the energy it takes to househunt or perform due diligence walkthroughs of un-airconditioned pre-buildout space. But, the Council has been busy with its legislative agenda much of which can impact your real estate business.

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D.C. property managers can NOT be paid a sales commission

In Real Estate by Richard Bianco

Here is a scenario I’ve seen a half-dozen or so times. A homeowner hires a professional property manager to rent out the owner’s house after a move out-of-state. The management contract contains fairly standard language stating that if the Owner sells the property to a tenant, the Property Manager is entitled to a sales commission as the procuring source. The owner at some point decides to sell, hires an agent, and either via TOPA or directly, the tenant purchases.

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New DC eviction procedures starting this summer

In Real Estate by Richard Bianco

For years landlords and tenants alike have complained that the DC eviction procedures are unfair. Landlords complain that the process is inefficient and slow, as a result, it takes too long to regain possession of the rental unit after an eviction order. Tenants have decried the process as inhumane and resulting in damage, destruction, and theft of personal belongings.

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“Takin’ it up the tailpipe:” A DC Rent Control exemption cautionary tail

In Real Estate by Richard Bianco

The DC Rent Contol Law is actually a convoluted stew of esoteric code and regulation sections. If you are burdened by logic and reason, you have little hope of understanding this flaming trash heap of a statutory scheme. However, for all of its shortcomings, it is actually clear on one point. IF a landlord is eligible for a Rent Control exemption, he or she MUST, file the exemption AND serve the affected tenants SIMULTANEOUSLY with the filing. If the landlord fails to do this, the exemption is VOID. 14 DCMR § 4101.6; Levy v. District of Columbia Rental Housing Commission 126 A.3d 684 (D.C. 2015)

DC Real Estate Law Update – March 2018

In Real Estate by Richard Bianco

There were several significant happenings this month in the world of D.C. Real Estate. Right off the bat on March 1, the Court of Appeals came down with a ruling that impacts the priority of condominium liens. (details below) Not to be outdone by the Courts, the Council amended TOPA to exempt single family accommodations and is considering a rollback of the much-decried bankruptcy exception. Additionally, there are a number of upcoming programs and events to help you stay on top of the changes.

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Can spouses serve on a condo board together in DC?

In Real Estate by Richard Bianco

Recently one of my clients asked if co-owners can simultaneously serve on a condo board in DC? My first thought was, “of course they can’t, that’s ridiculous.” As it turns out, there is no DC law, or case, prohibiting condo board service by co-owners of the same unit. So unless the Bylaws address the situation, it is totally permissible.