                                 CODE OF VIRGINIA

CONVERSION BUILDINGS (§ 55.1-2164)

A. For the purposes of this section:
			&#8220;Disabled&#8221; means suffering from a severe, chronic physical or
mental impairment that results in substantial functional limitations.
			&#8220;Elderly&#8221; means not less than 62 years of age.

B. A declarant of a cooperative containing conversion buildings shall give each
of the tenants of a conversion building formal notice of the conversion at the
time the cooperative is registered by the Common Interest Community Board. This
notice shall advise each tenant of (i) the offering price of the cooperative
interests for the unit he occupies; (ii) the projected common expense
assessments against that cooperative interest for at least the first year of the
cooperative&#8217;s operation; (iii) any relocation services, public or private,
of which the declarant is aware; (iv) any measure taken or to be taken by the
declarant to reduce the incidence of tenant dislocation; and (v) the details of
the relocation plan, if any is provided by the declarant, to assist tenants in
relocating. No tenant or subtenant may be required to vacate upon less than 120
days&#8217; notice, except by reason of nonpayment of rent, waste, or conduct
that disturbs other tenants&#8217; peaceful enjoyment of the premises, and the
terms of the tenancy may not be altered during that period. Until the expiration
of the 120-day period, the declarant shall have no right of access to the unit
except as provided in this section and in subsection A of &#xA7; 55.1-1229
except that, upon 45 days&#8217; written notice to the tenant, the declarant may
enter the unit in order to make additional repairs, decorations, alterations, or
improvements, provided that (a) the making of the same does not constitute an
actual or constructive eviction of the tenant and (b) such entry is made either
with the consent of the tenant or only at times when the tenant is absent from
the unit. Failure to give notice as required by this section is a defense to an
action for possession. The declarant shall also provide general notice to the
tenants of the cooperative or proposed cooperative at the time of application to
the Common Interest Community Board, in addition to the formal notice required
by this subsection.

C. For 60 days after delivery or mailing of the formal notice described in
subsection B, the person required to give the notice shall offer to convey the
cooperative interest for each unit or proposed unit occupied for residential use
to the tenant who leases the unit associated with that cooperative interest. A
specific statement of the purchase price and the amount of any initial or
special cooperative fee due from the purchaser on or before settlement of the
purchase contract and the basis of such fee shall be given to the tenant. If a
tenant fails to purchase the cooperative interest during that 60-day period, the
offeror shall not offer to dispose of an interest in that cooperative interest
during the following 180 days at a price or on terms more favorable to the
offeree than the price or terms offered to the tenant. This subsection does not
apply to any cooperative interest in a conversion building if the unit that is
part of that cooperative interest will be restricted exclusively to
nonresidential use or the boundaries of the converted unit do not substantially
conform to the dimensions of the residential unit before conversion.

D. If a seller, in violation of subsection C, conveys a cooperative interest to
a purchaser for value who has no knowledge of the violation, that conveyance
extinguishes any right a tenant may have under subsection C to purchase that
cooperative interest if the deed states that the seller has complied with
subsection C but does not affect the right of a tenant to recover damages from
the seller for a violation of subsection C.

E. If a notice of conversion specifies a date by which a unit or proposed unit
must be vacated, and otherwise complies with the provisions of &#xA7;&#xA7;
55.1-1202 and 55.1-1225, the notice also constitutes a notice to vacate as
specified by &#xA7;&#xA7; 55.1-1410, 55.1-1202, and 55.1-1225. The details of
the relocation plan, if any is provided by the declarant for assisting tenants
in relocating, shall also be provided to the tenant.

F. Any locality may require by ordinance that the declarant of a conversion
cooperative file with that governing body all information required by the Common
Interest Community Board pursuant to &#xA7; 55.1-2176 and a copy of the formal
notice required by subsection B. Such information shall be filed with that
governing body when the application for registration is filed with the Common
Interest Community Board, and such copy of the formal notice shall be filed with
that governing body whenever it is sent to tenants. No fee shall be imposed for
such filings with a governing body.

G. The governing body of any county utilizing the urban county executive form of
optional government (&#xA7;&#xA7; 15.2-800 through 15.2-858) or the county
manager plan of optional government (&#xA7;&#xA7; 15.2-702 through 15.2-749), or
of any city or town adjoining any such county, may require by ordinance that the
declarant of any residential cooperative containing conversion buildings
converted from multi-family rental use shall reimburse any tenant displaced by
the conversion for amounts actually expended to relocate as a result of such
dislocation. The reimbursement shall not be required to exceed the amount that
the tenant would have been entitled to receive under &#xA7;&#xA7; 25.1-407 and
25.1-415 if the real estate comprising the condominium had been condemned by the
Department of Highways and Transportation.

H. Any locality may require by ordinance that elderly or disabled tenants,
occupying as their residence up to 20 percent of the apartments or units in a
cooperative containing conversion buildings at the time of issuance of the
general notice required by subsection B, be offered leases or extensions of
leases on the apartments or units they occupy or on other apartments or units of
at least equal size and overall quality for up to three years beyond the date of
such notice.
			The terms and conditions of such leases or extensions of leases shall be as
agreed upon by the lessor and the lessee, provided that the rent for such
apartment or unit shall not be in excess of reasonable rent for comparable
apartments or units in the same market area as such conversion building.
			Such leases or extensions shall not be required, however, in the case of any
apartments or units that will, in the course of the conversion, be substantially
altered in physical layout, restricted exclusively to nonresidential use, or be
converted in such a manner as to require relocation of the tenant in premises
outside of the project being converted.

I. Nothing in this section permits termination of a lease by a declarant in
violation of its terms.

HISTORY: 1982, c. 277, § 55-487; 1983, c. 310; 1984, c. 321; 1985, c. 69; 1993,
c. 634; 2008, cc. 851, 871; 2019, c. 712.