(a) Except as provided in subsection (b) of this section, a receivership shall terminate when:
(1) The Court determines that the receivership is no longer necessary because the grounds on which the appointment of the receiver was based no longer exist, that the receiver has received proper compensation for the services provided, and that the District of Columbia has been reimbursed for all expenses related to the appointment of the receiver; or
(2) The Court determines on recommendation from the receiver that the violations giving rise to the appointment of the receiver cannot be abated and serves a copy of the order within 10 days on the Director of the Department of Consumer and Regulatory Affairs.
(b)(1) Notwithstanding subsection (a) of this section, a receivership of a rental housing accommodation shall not be terminated in favor of any person who was the owner of the rental housing accommodation or his representative at the time the petition was filed under § 42-3651.03, or, in the discretion of the Court, any person who is or was an affiliate of the owner, agent, lessor, or manager, unless he or she first reimburses the District of Columbia for the expenses incurred in creating the receivership.
(2) The Court may in addition require that, before a person specified in paragraph (1) of this subsection resumes control of a rental housing accommodation, he or she post bond in an amount the Court deems appropriate as security against noncompliance with the law. If the receivership is not reinstated under subsection (c) of this section, the bond money shall be returned with all applicable interest.
(c) Should it appear that, within 2 years after a receivership is terminated in favor of a person specified in subsection (b)(1) of this section, that person is not maintaining the affected rental housing accommodation in substantial compliance with all applicable laws, and should the Court so find after granting notice and a hearing to all parties to the earlier receivership proceeding, the previous order appointing a receiver may be reinstated. A receiver thus reappointed may use all or part of any bond posted pursuant to subsection (b)(2) of this section to remedy the deficiencies.
CREDIT(S)
(Apr. 27, 2001, D.C. Law 13-281, § 507, 48 DCR 1888.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-281, see notes following § 42-3131.05.
