Attorney General Schwalb Announces Developer Will Pay $400,000 to Fix Unsafe Construction At DC Condo Building

Attorney General Brian L. Schwalb today announced that DC developer Steven Sushner will pay $400,000 to fund repairs to a Ward 4 condo building that was improperly constructed and sways in the wind due to insufficient structural supports.

Under the terms of a settlement agreement negotiated by the Office of the Attorney General (OAG), alongside the unit owners, multiple legal cases related to shoddy construction at 4022 Georgia Avenue NW are being resolved. Specifically, Sushner will be required to pay the building's Homeowners Association (HOA) $400,000, which will pay for structural reinforcements and other repairs needed to ensure the safety of the unit owners and the community. This settlement comes after OAG secured a decision in the DC Court of Appeals (DCCA) that upheld the authority of the DC Department of Buildings (DOB) to order the developer to fix the structural problems at the building, and after 4022 Georgia Avenue LLC (4022 LLC), a company owned by Sushner that developed the building, entered into bankruptcy. In addition to the $400,000 Sushner will pay, the condo unit owners will also receive additional proceeds from 4022 LLC's bankruptcy. The combined proceeds will be used to repair the structural problems and bring the property into compliance with District law.

"Developers must ensure that the homes they build are safe and structurally sound. This building was anything but, and its shoddy construction put residents and neighbors at risk-and left the condo owners holding the bag," said Attorney General Schwalb. "Residents and law-abiding businesses should have confidence that, under the law, developers will not be permitted to cut corners and put profits over safety."

"As the District recognizes Building Safety Month, this case is a clear example of why complying with the District's building code regulations is critical to ensuring the public's safety and welfare," said DC Department of Buildings Director Brian J. Hanlon. "This case also spotlights how collaboration-between DOB and the condo unit purchasers who raised the problems, and with our enforcement partners like the Office of the Attorney General-is successfully working to hold accountable those who tried to skirt our laws."

In June 2021, the individual unit owners at 4022 Georgia Avenue NW reported multiple problems with the building to its developers, 4022 LLC and DV Investments, Inc. 4022 LLC was responsible for completing construction at the building, obtaining the building's certificate of occupancy, and selling individual units, while DV Investments, Inc., had worked on initial construction. The owners provided video of the swaying building to DOB, and informed DOB that when wind speeds are high, the movement of the building causes "plants and light[s]" to "move and sway," that "cabinets open and dishes have been broken," and the movement "has created cracks in the wall that increase in number and width with each wind event."

Inspections by DOB uncovered that the building had been constructed in violation of District regulations, resulting in significant structural problems. DOB issued an order requiring the developers to put in place temporary and permanent structural modifications to stop the building's movement and to ensure the building was safe and up to code. DOB's order was then affirmed by the Office of Administrative Hearings (OAH) and the DCCA. OAG represented the District before the DCCA, and in July 2025, won a ruling upholding OAH's order and confirming that DOB has the authority to order the developer to fix the building's structural deficiencies.

The settlement agreement is available here.

This matter was handled by multiple sections at OAG and DOB. Specifically, Anthony Celo and Chris Southcott in OAG's Civil Enforcement Section, Tessa Gellerson in the Office of Solicitor General, Stephon Woods in the Commercial Division, Argatonia Weatherington in the Public Advocacy Division, and Colleen Smythe in DOB's General Counsel's Office.

OAG's Enforcement Authority

Through its Civil Enforcement Section, OAG works closely with partner agencies to enforce regulations that protect the health, safety, and quality of life of DC residents. OAG also exercises enforcement authority under several District statutes to protect both homeowners and renters, including the Consumer Protection Procedures Act (CPPA), which protects consumers from unfair and deceptive business practices.

How to Report Unfair Business Practices

OAG protects DC residents from fraud, exploitation, and deceptive business practices by investigating and mediating consumer complaints, educating residents about their rights, and taking legal action against businesses and individuals that harm residents and break the law. Since January 2023, OAG has obtained nearly $80 million through enforcement actions and settlements on behalf of DC consumers.

To report scams, fraud, or unfair business practices, contact OAG's Office of Consumer Protection:

• Submit a complaint online at: oag.dc.gov/complaint
• Call the consumer protection hotline at (202) 442-9828
• Send a complaint via email to [email protected]

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