DC PM License Exam- LAW

Certificate of Occupancy
Certifies that the use of a building complies with zoning regulations and building codes.
Statute of Frauds
Refers to the requirement that certain types of contracts need to be in writing in order to be enforced.
Conforming Use
When a proposed development is designed to comply with all of the applicable Zoning Regulations for the site it is said to have a…
DC Real Estate Commission
seeks to protect consumers by enforcing the laws and regulations applicable to property managers including licensure
Rental Housing Act of 1985
sets out rules for rent control in DC
Rental Accomodations Division
part of the DHCD/HRA that is responsible for administering the Rental Housing Act of 1985
Department of Housing and Community Development
Governing body for housing in DC
Turn On Date for Heat
October 15th
Turn Off Date for Heat
May 15th
Temperature HVAC Equipment Must be able to maintain
70 degrees
Building Temperature During the Day
68 degrees
Building Temperature at Night
65 degrees
When Must Heating Systems Must Be Tested?
Between March 1 and Sept 1 annually
Board of Zoning Adjustment
Body that approves projects and ensures compliance. Has capacity to grant special exceptions and authority to vary or modify zoning regulations.
Rental Conversion and Sale Division
administers the rental housing conversion and sale act of 1980 and regulates tenant purchase rights, offer of sal, notice of tranfer, conversion, etc.
Human Rights Act of 1977
law intended to end discrimination in the District of Columbia based on race, color, religion, orientation, etc etc
Makeup of the Real Estate Commission (9)
3 brokers, 2 salespersons, 2 property managers, 1 attorney, 1 unlicensed consumer
Obligations of PM (6)
Uphold PM agreement, Exercise Care, Disclose Facts, Maintain Confidentiality, Account for funds, Comply with Fair Housing laws
Documents That Must be Posted at Property (3)
Certificate of Occupancy, Housing Business License, General Business License
Reasons for new Certificate of Occupancy (3)
New Ownership, Change in Occupancy Load, Change in Use
Key Provisions of Business License (7)
Required before you operate, Framed and Posted under glass, Inspected by Fire Chief/Code Enforcement, Register Manager, Info on Security Deposits, Escrow Acct Info, Updated in 5 days for changes
Exemptions to the Housing Act (5)
Subsidized Rentals, Units built after 1975, Units owned by someone who owns 4 or less such units, Units vacant when act took effect, Units receiving rehab assistance from DCHD
Conditions to Increase Rent (5)
Meets Allowable Increase by law and lease, 12 months since last increase, Unit must be registered with the RAD, Must be in compliance, 30 day notice of increase
Conditions for Special Consideration to Adjust Rent (3)
Cost of comparable services or facilities, operating cost to the owner, fair market value of the services or facilities
Situations Requiring a Permit (7)
New Construction, Additions Alterations or Repair of Existing Buildings, Demolition, Razes, Construction of Walls Fences Sheds Garages or Vaults, Erection of Signs or Awnings, Layout of interior space in commercial buildings
What a Building Permit DOES NOT Allow (3)
Build in or occupy public space, Remove or prune trees greater than 55′ in circumference/18″ in diameter, Occupy your building after construction (need COO for that)
Key Regulations on Leases & Security Deposits (7)
Shall not exceed 1st month’s rent, Must be stored in interest bearing escrow acct, Deposited within 30 days, Post annual update on funds including prevailing rate, Return deposit plus interest 45 days after move out, Notify in writing intent to use deposit to cover damages, Must tender balance within 30 days of notice.
Key Regulations on Deliquency & Eviction (3)
Must serve tenant notice to correct, Allow 30 days to correct, Must serve copy to Rent Adminstrator with DC 5 days after service to tenant
Information Required in an Offer of Sale (4)
Asking price & material terms, Statement of Tenant Rights, Statement if a contract has already been placed by a 3rd party and that owner will provide copy within 7 days if requested, Statement that Owner will provide financials with 7 days of any tenant request
Key Regulations in the DC Wage and Hours Law (7)
Minimum wage, No workweek over 40 hrs unless paid 1.5, Preserve records for 3 years, Give employees itemized statement of wages , post regulations, pay employees at least twice per month, pay owed wages no later than the day after termination
Provisions of Smoke Detector Act (4)
1 smoke detector per sleeping area, smoke detectors must be wired to building power supply, conduct periodic inspections and tests, tenant cannot be evicted if they refuse to pay for a dwelling that doesn’t have required smoke detectors
Fire Safety Notices that Must be Posted (4)
Instruction on fire alarm, Notice on how smoke detectors are wired, Wheter alarm is connected to Fire/EMS services, Warning to contact 911 in event of emergency
Items PM must keep on file at property (5)
Certificate of Occupancy, Business License, Security Deposits, Income Taxes, PM Liscense/continuing education
Most Common form of Rent Increase
Annual adjustment based on the increase in the CPI plus around 2%, but not more than 10%.
Allowable Increase for Senior Citizens
CPI Percentage only, but not to exceed 5%
First Step in Sale & Conversion
Notice to tenants requesting an election; followed by tenants opportunity to organize and hold an election
When must the tenant organization set date for election?
Within 30 days of receipt of owner request
Date of election must be
Within 60 days of receipt of owner request
Days the Coversion and Sale Regulatory Office has to schedule election
Within 45 days of request
Advance Notice required from Owner of desire to convert to coop or condo
120 days
Minimum & Maximum relocating expenses owner must pay
Minimum $150 Maximum $500
Relocation expenses must be paid within
7 days of receiving receipts
Condition before Owner can sell a building
Must give tenants an opportunity to purchase; which must be extended to each tenant by first class mail and posted in a common area
When was the Office of Human Rights Established?
1999
For all leases after 1970 Owner has how long to provide copies of lease docs?
7 days after execution
Legal provisions in leases cannot…
Cannot waive right to jury trial, or force tenants to pay for owner legal expenses
Liability provisions in leases cannot…
Cannot exempt owner from liability resulting from damage or negligence
Key law regarding fire safetey in buildings
Smoke Detector Act of 1978
Number of Continuing Ed Hours requried of PMs
15 hours every two years, except for the 1st renewal
When do DC PM Licenses Expire
February 28th of each odd-numbered year