An owner may sell a multifamily rental facility without providing any right of first refusal under Section 13-1113 if the Department approves a written agreement that: prohibits the buyer from converting the multifamily rental facility for at least three (3) years after the sale; or at least twenty (20) percent of the units in the multifamily rental facility as rental units for fifteen (15) years from the date of acquisition for households do not exceed the applicable income eligibility figures established under Section 11-138 (b)(4)(ii) of the Real Property Article of the Annotated Code of Maryland; and the Department received the written agreement from the prospective buyer at least thirty (30) days before the sale. The Department may approve or reject an agreement with the buyer under this subsection only after considering the: physical condition of the multifamily rental facility, including any rehabilitation necessary to correct dangerous defects; tenants' ability to afford rent increases; and the need to preserve quality low- and moderate-income rental housing in the County; An owner does not have to provide a right of first refusal for a sale or transfer: in a multifamily rental facility with less than twenty (20) rental dwelling units; under the terms of a bona fide mortgage or deed of trust; to a mortgagee in lieu of foreclosure or any other proceedings, arrangement or deed in lieu of foreclosure; under a court order or judicial sale; from one co-tenant to another co-tenant by operation of law; under a will or descent or intestate distribution; to the State or a local government; to a spouse, son or daughter; made pursuant to the liquidation of a partnership, limited liability company, or corporation; or into a partnership, limited liability company, or corporation wholly owned by the person(s) so contributing.