
About Course
DC CE Property Management
This course fulfills 3 hours of Continuing Education credit in the District of Columbia. It is designed for licensed real estate professionals who manage residential or commercial properties. As a property manager in DC, you’re responsible for ensuring compliance with a range of local, federal, and community standards.
This is a live Zoom class. The class runs for 3 hours in length.
Recurring every Tuesday at 5:00 pm in August
Aug 12th, 19th, 26th
You should receive a Zoom link via email the day before the class. Make sure to check your spam folder. Please email us at AcademyPureBlackwood@Gmail.com if you do not receive it.
Course Content
Unit 1: Course Introduction: Property Management in DC
Introduction & Objectives
Property management requires a unique set of skills—which might be part of the reason that it requires its own license through the DC Department of Consumer and Regulatory Affairs. Just like real estate licensees, property manager licensees owe clients fiduciary duties and must adhere to strict DC laws and regulations aimed specifically at property management. District leaders prioritize tenant rights and protections, and a property manager must be well-versed in those protections and meet them with professionalism and respect. In addition, a DC property manager must stay abreast of the latest governmental initiatives in the city—everything from green practices, to inclusionary zoning, to historic property preservation.
Objectives
Review the DC property manager’s role and fiduciary duties, licensure requirements, the rights and responsibilities of DC landlords and tenants, and the basics of managing a common interest community or community association.
Identify proper record keeping and communication practices for DC property managers, as well as property management-related laws such as the DC Human Rights Act, DOPA, HOPA, and TOPA.
Identify non-residential property management opportunities, technology and safety issues related to property management, DC sustainability initiatives, and rules related to inclusionary zoning, capital improvements, and historic preservation.
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Welcome!
Unit 2: DC Property Management Basics
Introduction & Objectives
Some states permit real estate salespersons and brokers to conduct property management under their regular licensure—but that’s not the case in the District of Columbia. A property manager’s license is a separate license under DC law, though it’s regulated in pretty much the same way. We’ll explore those similarities—and some specific differences—in this unit.
Objectives
Review the DC property manager’s role and fiduciary duties, licensure requirements, the rights and responsibilities of DC landlords and tenants, and the basics of managing a common interest community or community association.
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Lesson 1: DC Property Management Definitions
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Property Manager, Defined
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Property Management Limitations
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Resident Manager, Defined
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Property Management Terminology
Lesson 2: Property Manager Licensure, Exemptions, Role, and Fiduciary Duties in DC
Initial Licensure as a Property Manager
To become licensed as a property manager in DC, an individual must meet certain qualifications, according to DC Code § 47-2853.142 and DCMR § 2610
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Initial Licensure as a Property Manager
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Continuing Education Requirements
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Education Requirements
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Fiduciary Duties
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Licensure Exemptions
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Prohibited Actions
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Spot the Prohibited Activities
Lesson 3: Rights and Responsibilities of DC Landlords and Tenants
DC Housing Regulations
The District of Columbia established its housing regulations under Title 14 of the DCMR. Its fundamental purpose is to establish standards for landlords in providing a habitable, livable, safe dwelling that is kept that way through basic repairs and maintenance. A large part of a property manager’s job is fulfilling these requirements on the landlord’s/owner’s behalf. The regulations cover requirements for both interior and exterior aspects of the rental unit.
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DC Housing Regulations
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Rental Unit Repairs
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Unresolved Landlord-Tenant Disputes
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The Recommended Process
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Tenant Rights
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Landlord Disclosures
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Lease Requirements in DC
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Prohibited Lease Clauses in DC
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DC Lease Clauses
Lesson 4: Common Interest Communities and Community Associations
Introduction
Property managers aren’t always hired by investors or landlords. Sometimes, an entire community hires a property manager—and that comes with unique responsibilities, quirky covenants, and ownership and use restrictions that a property manager needs to know about.
A community association can refer to members that include homeowners, condominiums, cooperatives, neighborhoods, or some other variation of “community.” Community associations establish guidelines for members to adhere to with the common goal of maintaining property and improving value. And when members don’t comply, they can be assessed fines for failure to live up to the obligation of the association’s rules. The community associations themselves must comply with:
Federal law: Includes the Fair Housing Act, the American with Disabilities Act, and the Fair Debt Collection Practices Act
DC law: Includes corporate and real property laws, the DC Condominium Act, and the DC Cooperative Housing Procedure Act (as applicable)
In this lesson, we’ll do a review of some basic types of common interest communities and community associations.
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Condominiums
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Condo Ownership
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Condo Management
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The Truth About Condos
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Cooperatives
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Cooperative Ownership
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Cooperative Living
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Homeowners Associations
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HOA Dues
Lesson 5: Managing DC Condominiums
Priority One: Abide by the Law
As we mentioned in the previous lesson, common interest communities in the District must abide by applicable portions of the DC Condominium Act and the DC Cooperative Housing Procedure Act. According to the most recent DC Policy Center housing report, the District is home to 64,270 condo units, housed in 7,092 buildings—and a 2020 Urban Turf article stated that there was nearly three years’ worth of new condo development in the pipeline.
With this in mind, we’ll spend this lesson discussing how the DC Condominium Act (DC Code § 42-1901.01 to 42-1904.18) specifically calls out property managers of condominium communities—referred to in the law as “managing agents”—in several areas:
Compliance
Delegation of power/owners association powers
Condominium Association Advisory Council
Assessment payments
Record keeping
Condominium registration
Public offering statements
If you’re interested in following along, we’ve included a link to the DC Condominium Act in your optional resources.
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Compliance
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They’ve Got the Power
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Power Up!
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Condominium Association Advisory Council
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Assessment Payments
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Record Keeping
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Condominium Registration Application and Public Offering
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Annual Updating Report
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The DC Condominium Act
Unit 3: Effective Communication and Record Keeping as a DC Property Manager
Unit 3: Effective Communication and Record Keeping as a DC Property Manager
Introduction & Objectives
Aside from staying on the right side of DC laws and regulations, other highly important duties of a property manager include effectively communicating with both owners and residents and keeping detailed management records. Improper handling of trust funds, such as security deposits, is a continuous cause of complaints to the real estate commission. In addition, property managers must stay abreast of tenant-protective laws in the areas of fair housing and a tenant’s right to purchase.
Objectives
Identify proper record keeping and communication practices for DC property managers, as well as property management-related laws such as the DC Human Rights Act, DOPA, HOPA, and TOPA.
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Unit 3: Lesson 1: Understanding the Operations of DC Condo and Owner Association Boards
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Community Caveats
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Board to Death?
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Condominium Owner Bill of Rights
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Condo Owner Rights
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It’s the Right Thing to Do
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Lesson 2: Property Management Communications and Reporting
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The Importance of Reporting
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Fostering Owner Relations
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Operating Budgets
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Other Budget-Related Items
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Budget Types and Terms
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Lesson 3: Record Keeping and Money-Handling Rules in DC Property Management
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Escrow Accounts
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Handling Escrow Funds
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Security Deposit Repayment
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Document-Related Prohibited Acts
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Money-Related Prohibited Acts
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Escrow Violations
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Unit Owners’ Association Records
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Lesson 4: Fair Housing, Human Rights, and the DC Property Manager
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Property Subject to the Human Rights Act
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Discriminatory Practices
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Callista’s Conundrum
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Coercion, Threats, and Retaliation
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Examples of Retaliatory Practices
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Appropriate Property Management Behavior
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Requirements for Persons with Disabilities
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ADA Units and Section 504
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Disability Requirements
Lesson 5: DOPA, TOPA, HOPA, and Foreclosures in DC
Lesson 5: DOPA, TOPA, HOPA, and Foreclosures in DC
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TOPA
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Multi-Family Property Processes
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Single-Family Property Exemptions
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Keeping It All Straight
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Accessory Dwelling Units
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TOPA Truths
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HOPA
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Final Regulation Implementing HOPA
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Tenant Foreclosure Protections
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Nondisturbance Agreement
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Which One?
Key Points: Effective Communication and Record Keeping as a DC Property Manager
Key Points: Effective Communication and Record Keeping as a DC Property Manager
To make sure there are enough funds in case of an emergent need, it’s a good rule of thumb to keep 20% to 25% of association dues in the reserve fund.
An issue with association boards is transparency; boards sometimes withhold information from unit owners.
Unlike a real estate licensee, who most often represents the interests of either the seller or the buyer exclusively, a property manager technically represents the property owner, but has the unique job of doing everything possible to keep the property resident happy—for the owner’s benefit.
The Condominium Owner Bill of Rights is required to be provided to all unit owners. It summarizes key passages in the law to better inform owners of their own power—and, indirectly, is a reminder to association boards to not attempt to take that power away.
Owners have the right to attend, observe, and participate in association board meetings (except for those that are legally permitted to be held in private), and to comment on any association-related manner during those meetings. Owners may also examine and copy the minutes recorded at meetings.
Owners have the right to an executive board that, in performing its duties, exercises the amount of care and competence required of a fiduciary.
Owners have the right to cure any payment defaults at any time prior to foreclosure on their unit. This is accomplished by paying the full past due amounts, including any applicable interest.
The operating budget helps managers maximize profitability and avoid unforeseen major expenses.
Variable expenses are costs that change depending on occupancy and other unpredictable factors. A property manager doesn’t know when they’ll hit or what they’ll cost, but still has to plan for them.
When the projected income and expenses remain stable over time, the budget is said to be stabilized. A stabilized budget can be created by carefully monitoring income and expenses and then forecasting those that can be reasonably expected over a short-term period, such as five years.
A capital reserve budget is how property managers (and other businesses) budget for big items, like equipment or repairs to existing infrastructure. Some of these are variable expenses, while others may be fixed.
The number and types of reports a property manager provides to an owner should be directly influenced by the property owner's specific goals for the property.
The property manager’s primary goal is to produce the greatest net return for the owner. Reporting duties to the owner serve to communicate the progress toward that net return, and any other specific investment goals the owner might hold.
Escrow accounts are most widely used in real estate to hold earnest money deposits, but in the property management world, escrow funds are usually security deposits.
If a landlord demonstrates bad faith, such as dishonesty or fraud, regarding the return of a security deposit, the landlord may be found liable for as much as triple the amount of the deposit.
When licensees/escrow holders use money that they received on behalf of the principals for a reason other the intended use, it's known as conversion, and it is illegal.
Commingling occurs when funds in or intended for a trust account are intermixed with operating or personal funds.
Escrow accounts must be held by a federally insured financial institution within the District, according to DC law.
DC requires licensees to retain transaction files for three years from the day the transaction closes or terminates.
The DC Human Rights Act prohibits discrimination in housing based on 18 protected traits.
Sex is a protected class/trait that in DC includes a person's gender, sexual harassment, and an individual’s right to breastfeed.
The DC Human Rights Act covers most housing and commercial space accommodations, but does not include buildings owned by religious organizations.
Matriculation is one of the 18 protected traits covered for housing under the DC Human Rights Act, and refers to being enrolled in a college, university, or other type of secondary school
Landlord retaliation against a tenant is prohibited. Permissible actions include calling tenants regularly to collect past due rent and routine inspections with proper notice.
The Americans with Disabilities Act (ADA) requires van-accessible parking for persons with disabilities at all public buildings.
Section 504 of the Rehabilitation Act of 1973 protects people with disabilities from discrimination in programs that receive financial assistance from the federal government.
Federal law requires multi-family housing built for occupancy after March 13, 1991, to have accessible common and public use areas.
A tenant may challenge the offer presented by an owner as being unfair and request a determination of the appraised value of the housing accommodation, but the tenant organization actually handles the process of doing so.
Items that must be part of a DOPA offer of sale include, but are not limited to: the owner’s asking price and sale terms, a list of tenant names, vacant rental units, and affordable units and their corresponding unit numbers, as well as the calculations used in declaring those units affordable.
Within seven days after receiving a request from the District, the owner must provide housing details, such as monthly operating expenses, utility consumption rates, previous two years’ capital expenditures, and a building floor plan.
The TOPA process differs—depending on whether a property is two to four units or five-plus units—but both processes feature a seven-day window for the landlord to present an offer of sale, to which the tenant must respond within a certain number of days.
An accessory dwelling unit (ADU) is permissible in a principal dwelling or in an accessory building (subject to certain specifications). An ADU must have a kitchen and bath facilities separate from the main house and may have a separate entrance.
The District Opportunity to Purchase Act (DOPA) promotes affordable rental housing by maintaining the affordable status of existing affordable rental units as well as increasing the total number of affordable rental units within the District.
The tenants’ right to purchase supersedes the District’s right to purchase, though the DOPA and TOPA timelines run simultaneously. If tenants opt out or their timeline to exercise their right to purchase expires, the District can exercise its right to purchase.
Under DC’s Tenant Opportunity to Purchase Act (TOPA), current tenants must be given an opportunity to purchase the property if the owner decides to sell it.
DOPA requires rental property owners to provide the District with the opportunity to purchase housing accommodations consisting of five or more rental units, as long as 25% or more of those rental units are deemed as “affordable.”
Per HOPA, owners of units in retirement communities aren't guilty of discrimination if they refuse to sell their unit to families with children if the community is marketed as a senior living community.
The Housing for Older Persons Act (HOPA) exempts certain properties and senior-living facilities from familial status discrimination. For example, at least 80% of the occupied units in such a facility must be occupied by at least one tenant who is 55 or older.
Welcome to Unit 4: Other DC Property Management Topics
Introduction & Objectives
The District of Columbia is a place unlike any other: sort of a city, sort of a state, and definitely the epicenter of the nation’s governmental and political system. As such, property managers must be aware of the unique demands required of managing property in the District, as well as the unique initiatives and programs that serve the District’s residents.
Objectives
Identify non-residential property management opportunities, technology and safety issues related to property management, DC sustainability initiatives, and rules related to inclusionary zoning, capital improvements, and historic preservation.
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Lesson 1: Non-Residential Property Management
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Gross Leases
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Net Leases
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Other Leases
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That’s Gross
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Commercial Lease Clauses and Terms
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Jeff’s Jigsaw
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Lease Escalation Clauses
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Common Clauses
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Be Security Smart
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Practicing Online Security Measures
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Practices for Protecting Data
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Office Precautions
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What’s Your Techie IQ?
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Lesson 3: Understanding DC Sustainability; A Unique Location
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Green Incentives
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CLEER Skies
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Solar Energy
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Green Initiatives
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Clean Energy DC
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Energy Choice DC
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PACE
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RESNET and the HERS Rating
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Going Green
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Lesson 4: Historic Preservation, Inclusionary Zoning, and Capital Improvements in DC; The Historic Protection Act
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DC Historic Preservation Regulations
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Historic Preservation Office
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Mayor’s Agent
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Other Entities
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Who’s Who?
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The Affordable Housing Crisis
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Inclusionary Zoning
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Every Lottery Has Its Price
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IZ It True?
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Rent Control and Capital Improvements
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Rent Control Fact Sheet
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The Petition Process
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