by Frank Pietranton – Chairman
The public policy of the District is that all persons are entitled to full and complete information regarding the affairs of government and the actions of those who represent them. What follows is a summary of what the public is entitled to.
This Open Meetings Act shall be construed broadly to maximize public access to meetings. Exceptions shall be construed narrowly and shall permit closure of meetings only as authorized by District code.
For the purposes of this discussion, the term “Meeting” means any gathering of a quorum of the members of a public body, including hearings and roundtables, whether formal or informal, regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, deliberating, recommending, and voting, regardless of whether held in person, by telephone, electronically, or by other means of communication.
The term “meeting” shall not include:
(A) A chance or social gathering; provided, that it is not held to avoid complying with regulation
(B) Press conferences.
“Public body” means any government council, including the Council of the District of Columbia, board, commission, or similar entity, including a board of directors of an instrumentality, a board which supervises or controls an agency, the board of trustees of a public charter school, or an advisory body that takes official action by the vote of its members convened for such purpose.
The term “public body” shall not include:
A District agency or instrumentality (other than the board which supervises or controls an agency or the board of directors of an instrumentality);
The District of Columbia courts;
The Mayor’s cabinet;
The professional or administrative staff of public bodies when they meet outside the presence of a quorum of those bodies;
or Advisory Neighborhood Commissions.
With limited exception as provided in the code, a meeting shall be open to the public. A meeting shall be deemed open to the public if:
(1) The public is permitted to be physically present;
(2) The news media, as defined by code, is permitted to be physically present;
(3) The meeting is televised; or
(4) The public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable.
The following paragraphs summarize reasons that a Commission meeting, or portion of a meeting, may be closed:
A law or court order requires that a particular matter or proceeding not be public;
To consult with an attorney to obtain legal advice and to preserve the attorney-client privilege between an attorney and a public body, or to approve settlement agreements; provided, that, upon request, the public body may decide to waive the privilege.
To discuss disciplinary matters;
To train and develop members of a public body and staff;
To deliberate upon a decision in an adjudication action or proceeding by a public body exercising quasi-judicial functions;
To plan, discuss, or hear reports concerning ongoing or planned investigations of alleged criminal or civil misconduct or violations of law or regulations, if disclosure to the public would harm the investigation;
To discuss matters involving personally identifiable information of students; and
Before a meeting or portion of a meeting may be closed, the public body shall meet in public session at which a majority of the members of the public body present vote in favor of closure.
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What's New In USPAP?
The DC Real Estate Commission prides itself on having real estate professionals who are strong contributors in the industry.
There are two current Commission members who also serve as Board members for the Association of Real Estate License Law Officials (ARELLO).
Edward Downs - DCREC Broker Member
Edward has been a District Vice President for ARELLO's District 1 for four years.
Elizabeth Blakeslee - DCREC Broker Member
Elizabeth has been a Board of Directors member for ARELLO's District 1 for five years.
ARELLO is an international membership-based organization, with a mission to support jurisdictions in the administration and enforcement of their real estate license laws. They support our members through resource materials, events, training and certification programs, and by facilitating collaboration around best practices in real estate regulation.
The Commission is proud that its members represent themselves and the District so well.
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Real estate wholesaling is a short-term investment strategy which can be engaged in by unlicensed citizens, as well as real estate licensees . Wholesaling acts in the District are not regulated by any statutes or regulations at this time.
In general, wholesaling involves these steps –
- Locate a property that meets your wholesale investment’s criteria. Wholesalers can work with multi-unit commercial real estate, rental properties, or residential real estate options, including owner-occupied or investment properties. Motivated sellers, with a strong need to sell their property, provide excellent real estate wholesale opportunities in the real estate industry.
- Negotiate a purchase with the seller, which concludes with the execution of a real estate purchase agreement and the provision of an earnest money deposit given as your intent of good faith.
- Before closing and taking title to the property, legally assign the “right to purchase” the property (under the terms delineated in the contract) to another end buyer using the legal instrument known as “an assignment of contract.” Wholesalers tend to work with a group of like-minded professionals, which is why it makes good business sense to build a curated buyers list while engaging in the wholesaling business.
- The sales price differentials are defined as the wholesaler’s earned profit or assignment fee.
For clarity, "Wholesale buyer" means a person or entity that enters into a purchase contract for residential real property as the buyer and assigns that same contract to another person or entity. "Wholesale seller" means a person or entity that enters into a purchase contract for residential real property as the seller, that does not hold legal title to that real property and that assigns that same contract to another person or entity.
Jurisdictions such as Arizona and North Dakota have regulations about wholesaling on the books.
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On December 21, 2023, Anita Bonds along with Councilmember Vincent C. Gray, introduced the “Licensing for Accountability of Management of Properties (LAMP) Amendment Act of 2023”. This legislation requires entities that provide property management services in the District of Columbia to be licensed pursuant to applicable District laws. The bill has been referred to the Committee on Public Works and Operations, with comments from the Committee on Housing.
Currently, DC Code §47-2853.183 requires individual property managers to obtain a professional license from the Real Estate Commission, but the organization that operates as a property management company or entities that provide such services are not required to obtain a specific licensure as a real estate organization. Absent a licensing requirement and enforcement for an entity that provides management services, there is no mechanism to hold such entity accountable for any wrongdoing or violation of business law, and those innocent victims are left without recourse for the wrongs done against them.
Based on requests from stakeholders, the Real Estate Commission, and criminal cases, this legislation is necessary to shed light on property management entities that operate in the District to prevent future wrongdoing by individual property managers and property management entities. The District of Columbia government must ensure that our residents and businesses are protected from bad actors who prey on innocent victims.
Please note that a bill was recently introduced in the District and is pending a hearing. The bill has been referred to the Committee on Public Works and Operations, with comments from the Committee on Housing.
Follow the progress of this bill at the following link: https://lims.dccouncil.gov/Legislation/B25-0639
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Licensees are encouraged to complete their real estate continuing education requirements applicable to the current cycle early in the cycle.
Salesperson - 15 hours total
Mandatory 12 hours plus 3 hours of general electives
DC Fair Housing (3 hours)
DC Ethics (3 hours)
DC Legislative Update (3 hours)
Property Management (3 hours)
Electives (3 hours)
Broker - 15 hours total
Mandatory 15 hours (No Elective Classes - All Required Classes)
DC Fair Housing (3 hours)
DC Ethics (3 hours)
DC Legislative Update (3 hours)
Property Management (3 hours)
Broker Supervision (3 hours)
Property Manager - 15 hours total
Mandatory 15 hours (No Elective Classes - All Required Classes)
DC Fair Housing (3 hours)
DC Ethics (3 hours)
DC Legislative Update (3 hours)
Property Management (6 hours)
Visit one of the many DC Real Estate Commission Approved Continuing Education Providers for courses:
DCREC Approved CE Providers
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Meetings are held on Tuesdays at 10:00 am as shown below .
January 9, 2024
February 13, 2024
March 12, 2024
April 9, 2024
May 14, 2024
June 1, 2024
July 9, 2024
August Recess
September 10, 2024
October 8, 2024
November 12, 2024
December 10, 2024
Dates are subject to change. Call 202-442-4320 for updates.
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