National Housing Law Project
Housing Preservation

"Rights of First Refusal" in Preservation Properties – State and Local Initiatives

State

Types of Housing Covered

Triggering event for Right of First Refusal

Nature of Rights Triggered

Whose Right

Procedural Protections

IL - 20 Ill. Comp. Stat. § 3805/8.1; 310 Ill. Comp. Stat. § 60/3

all HUD-subsidized housing, § 515, § 514, certain state subsidized

intended sale or disposition of property

true right of first refusal

tenant association

6 month notice to tenants and to state housing authority; tenant access to info; price appraisal mechanism

MD - Md. Ann. Code of 1957, Art. 83B, § 9-101, et seq.

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

intended sale or disposition of property

true right of first refusal

local housing authority, group representing tenants, non-profits

not less than 1 year or more than 2 notice to locality, tenant association, state – notice is triggered by any action that may terminate subsidy; price appraisal mechanism

CA - Cal. Govt. Code § 65863.10 and § 65863.11

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

any action that would terminate subsidy

offer to purchase

tenant association, non-profit, some profits, public agencies

1 year notice to tenants, state, local housing authority, local gov. prior to termination or prepayment; 6 months notice to tenants, public entities with new rents, etc.; tenant access to info; civil remedies for violation

ME - Maine Revised Statutes Annotated Title 30-A, § 4972 and § 4973

 

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

any action that would terminate subsidy

true right of first refusal

state housing authority

90 days notice to state and local housing authority

TX - Texas Govt. Code Annotated § 2306.185(f), et seq.

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

any action that would terminate subsidy

time for state to locate potential buyer

state housing authority

1 year to state

RI - Rhode Island Gen. Laws § 34-45-4 et seq.

all HUD-subsidized housing, § 514, § 515

sale, conversion, prepayment

true right of first refusal

tenant association, state housing authority, local housing authority, locality

2 years notice to tenant assoc., state, city; tenant access to info; owner sets price, tenants match

Denver - Denver Mun. Code §12-106, et seq.

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

opt-out or sale

time for city to negotiate for purchase

city

1 year notice to city, tenants for § 8 contract expirations; 210 days for long-term contract expirations; 150 days for 1 year extensions

San Fran. - San Francisco Admin. Code § 60.4, et seq.

§ 8 contracts, if owner seeks to terminate prior to full term

intended sale or disposition of property

true right of first refusal

city, tenant association, non-profit

18 months notice to city and tenants for prepayment; 12 for § 8 contract expirations; tenant access to info; fair price analysis; public hearings; civil remedies for violation

Portland, OR - Portland City Code § 30.01.030, et seq.

all HUD-subsidized housing, § 514, § 515, § 8 expiring contracts

opt-out or sale

time for city to negotiate for purchase

city

1 year notice to city, tenants for § 8 contract expirations; 210 days for long-term contract expirations; 150 days for 1 year extensions

For more information contact Vytas V. Vergeer at the National Housing Law Project, (202)347-8775, vvergeer@nhlp.org.

 

 
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