Reply to TOPA exemption for SFHs in DC - will this create more supply?

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[quote=Anonymous][quote=Anonymous]I'm the OP of this thread.

Take a look at the "personal use" form that you submit to the DC government and the tenant. There is no mention of restrictions on a sale after reclaiming a property for "personal use." The only restriction is on a landlord accepting rents on the same property for the next 12 month: https://dhcd.dc.gov/sites/default/files/dc/sites/dhcd/publication/attachments/Form%2012%20-%2090%20Day%20Notice%20to%20Vacate%20for%20Personal%20Use%20and%20Occupancy%20Final.pdf

TOPA was the mechanism by which a tenant could sue or make a claim on the property, if the landlord of a SFH tried to sell within 12 months of reclaiming. But that is now eliminated and the tenant appears to only have a tort if the landlord tries to re-rent the residence.[/quote]

If a landlord serves this notice on a tenant, moves in for a couple days, then puts the house on the market and the tenant sues for wrongful eviction, I am not sure what the DC courts would hold.  But I could definitely imagine a tenants' lawyer wanting to take on that case for a chance of a percentage of the damages (which could be treble damages if the landlord is found to have acted in bad faith). At the very least, there could be a lot of legal fees for the homeowner and there could be discovery, depositions of the realtor and other people who were involved in putting the house on the market, a full-blown trial, an appeal to the Court of Appeals, etc. [/quote]

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