DATE: December 2, 2013
RE: NOTICE OF SALE FOR MULTIFAMILY RENTAL FACILITIES
On July 24, 2013, the Prince George’s County Council passed CB 27-2013 (Conversion of Rental Housing). Prior to full implementation of CB 27-2013, the Director of the Prince George’s County Department of Housing and Community Development (“Director of DHCD”) must promulgate regulations necessary to implement the County’s Right of First Refusal (“ROFR”) by January 1, 2014 and shall offer proposed designated areas where the ROFR will apply to County Council no later than July 1, 2014. (1)
The County has decided that during the period of transition to the full implementation of CB-27-2013, an owner that seeks to sell the multifamily rental facility that consists of 20 or more dwelling rental units must provide written notice of the sale to 1.) each tenant in the multifamily rental facility and 2.) the Director of DHCD within five (5) days after the owner enters into a bona fide contract of sale to sell the multifamily rental facility.
All ROFR notifications of sale for tenants must be hand-delivered to each occupied rental dwelling unit or by mailed via certified mail, return receipt requested. Additionally, owners must conspicuously post notices of sale in the public areas of the multifamily rental facilities.
ROFR notifications submitted to the Director of DHCD must be sent by certified mail, return receipt request and in the form of a notarized affidavit that is signed by the owner of the multifamily rental facility or an authorized designee within five (5) days of signing a bona fide contract of sale for any multifamily rental facility. The affidavit shall include a written certification that 1.) the owner of the multifamily rental facility or an authorized designee has provided to each tenant in occupancy a notice of sale within five (5) days of signing a bona fide sales contract; 2.) identify the method of delivery of notice of sale and 3.) affirm that the notice of sale was conspicuously posted in the public areas of the multifamily rental facility. The affidavit must also be accompanied by a copy of the notice of sale provided to tenants, a copy of the bona fide contract for sale and a copy of the rent roll as of the date of the contract of sale.
Within seven (7) days of the Director of DHCD’s receipt of any affidavit submitted by the owner of a multifamily rental facility and all required attachments, the Director of DHCD will issue a Certificate of Compliance if satisfied with the submission of ROFR documents. The Certificate of Compliance issued by the Director of the DHCD shall be in a form that is appropriate for recordation in the land records.
1) CB-27-2013 became effective on September 23, 2013 and is codified under County Code 13-1110 et. seq.