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HORNSTEIN v. BARRY

No. 83-242.

560 A.2d 530 (1989)

David HORNSTEIN, et al., Appellants, v. Marion BARRY, et al., Appellees.

District of Columbia Court of Appeals.

Decided June 20, 1989.

Attorney(s) appearing for the Case

Burton A. Schwalb, with whom Laura A. Kumin and Patricia L. Maher, Washington, D.C., were on the brief, for appellants.

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellees.

Richard C. Eisen, Washington, D.C., with whom Eric M. Rome was on the brief, for amici curiae 2627 & 2633 Adams Mill Road Tenants Ass'n, et al.

Before MACK, NEWMAN, FERREN, BELSON, TERRY, STEADMAN and SCHWELB, Associate Judges, and REILLY and PRYOR, Senior Judges.

ON REHEARING EN BANC

SCHWELB, Associate Judge:

Appellants challenge the constitutionality of the District's Rental Housing Conversion and Sale Act, D.C.Code §§ 45-1601 et seq. (1986 and 1988 Supp.) (hereinafter the RHCSA or the Act). This statute provides in substance that an owner of rental housing may not convert it to condominium use unless fifty per cent of the eligible tenants consent to such conversion. We uphold the validity of the...

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