District Of Columbia § 42-3402.08 - Elderly or disabled tenancy.
Full text of District Of Columbia D.C. Code § 42-3402.08 — Elderly or disabled tenancy., with citation guidance and answers to common questions.
§ 42-3402.08. Elderly or disabled tenancy.
42-3402.08For 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 .
Notwithstanding any other provision of this subchapter, , or , 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 or disabled tenant if the combined annual household income for his or her unit, as determined by the Mayor, does not exceed the qualifying income, unless:
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;
A court of competent jurisdiction has determined that the tenant has performed an illegal act within the rental unit or housing accommodation;
The tenant fails to pay rent; or
For the purposes of a single, scheduled tenant election under , the tenant waives, in writing, his or her right to remain a tenant.
The waiver shall state that it was made voluntarily, without coercion as set forth in , and with full knowledge of the ramifications of a waiver of the right to remain a tenant.
The waiver under sub-subparagraph (i) of this subparagraph shall apply only to the single, scheduled tenant election for which it was given.
Any owner of a converted unit shall not charge an elderly or disabled tenant 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.
An elderly or disabled tenant shall qualify under this subchapter if, on the day a tenant election is held for the purposes of conversion, the elderly or disabled tenant:
Is entitled to the possession, occupancy, or the benefits of his or her rental unit; and
Is 62 years of age or older; or
Has a disability as defined in section 3(2)(A) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(2)(A)), and 29 C.F.R. § 1630.2(g)(1).
In making a determination that a tenant qualifies under this sub-subparagraph, the Mayor shall limit the inquiry to the minimum information and documentation necessary to establish that the tenant meets the definition of disabled provided in sub-sub-subparagraph (I) of this sub-subparagraph, and shall not inquire further into the nature or severity of the disability. The Mayor shall not require the tenant to provide a description of the disability when making an eligibility determination; provided, that the Mayor shall require that a physician or other licensed healthcare professional verify that a tenant meets the definition of disabled in sub-sub-subparagraph (I) of this sub-subparagraph. The Mayor shall not require the tenant to provide eligibility documentation in less than 30 days.
The Mayor shall maintain records of the information compiled under this sub-subparagraph; provided, that the Mayor:
Shall not disclose information about a tenant’s disability unless the disclosure is required by law;
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.
In requesting information under this sub-subparagraph, the Mayor shall inform tenants that their names will be absent from publicly available lists of eligible voters and the Mayor shall not disclose information provided about a tenant’s disability unless the disclosure is required by law.
The Mayor shall develop such forms and procedures as may be necessary to verify eligibility under this subsection.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 42-3402.08
What does D.C. Code § 42-3402.08 cover?
Section 42-3402.08 ("Elderly or disabled tenancy.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 42-3402.08?
A common citation format is "D.C. Code § 42-3402.08" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 42-3402.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.