District of Columbia Administrative Code

2103 REVIEW AND SELECTION OF APPLICATION 2103.1 Applications shall be grouped by property for purposes of selection. 2103.2 For purposes of this chapter, the term “property” means an entire rental housing accommodation owned by the same legal entity which is covered by a Certific…

2104 FINAL APPROVAL FOR LEASE IN-PLACE PROGRAM 2104.1 To the extent funding is available, housing providers shall be contacted in writing by DCHA in the order determined under § 2103.3 of this chapter with a letter of preliminary selection for the lease in-place program. 2104.2 F…

2105 OTHER PROGRAM REQUIREMENTS 2105.1 All contracts executed under the lease in-place program shall be subject to applicable requirements of the Tenant Assistance Program in chapter 19 of this title including, but not limited to, §§ 1920 through 1922, 1927 through 1933, 1936, an…

2199 DEFINITIONS 2199.1 The provisions of § 1799 and the definitions set forth in that section shall be incorporated by reference in this section. AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Offi…

GENERAL PROVISIONS The purpose of this chapter is to implement the Zoning Commission’s Inclusionary Zoning Regulations (11-C DCMR Chapter 10) and the Inclusionary Zoning Act. This chapter implements these aspects of the Inclusionary Zoning Regulations and the Inclusionary Zoning …

2201 PREREQUISITE FOR OBTAINING BUILDING PERMIT FOR AN INCLUSIONARY DEVELOPMENT 2201.1 No building permit shall be issued for an Inclusionary Development unless DCRA receives and approves an application for a Certificate of Inclusionary Zoning Compliance, signed by the Owner of t…

2202 APPLICATION FOR CERTIFICATE OF INCLUSIONARY ZONING COMPLIANCE 2202.1 The Inclusionary Development Owner shall file a written application for a Certificate of Inclusionary Zoning Compliance with DCRA no later than the date upon which the first application for an above-grade b…

2203 REVIEW AND APPROVAL OF APPLICATION FOR CERTIFICATE OF INCLUSIONARY ZONING COMPLIANCE 2203.1 If DCRA determines that an application for a Certificate of Inclusionary Zoning Compliance does not demonstrate compliance with the Inclusionary Zoning Program or the information prov…

2204 INCLUSIONARY DEVELOPMENT COVENANT 2204.1 The Inclusionary Development Covenant shall be in a form found legally sufficient by the Office of the General Counsel of DHCD and shall bind all persons with a property interest in any or all of the Inclusionary Development, and all …

2205 CERTIFICATES OF OCCUPANCY FOR INCLUSIONARY UNITS 2205.1 An Inclusionary Development Owner shall apply for and obtain a Certificate of Occupancy for each property that contains Inclusionary Units that identifies and includes each Inclusionary Unit in the Inclusionary Developm…

2206 NOTICE OF AVAILABILITY 2206.1 The provisions of this § 2206 govern the process by which: The Owner fulfills its obligation to notify DHCD that a For Sale Inclusionary Unit is available for purchase; and The owner of a Rental Inclusionary Development fulfills its obligation t…

2207 DESIGNATION OF MAXIMUM PURCHASE PRICE OR RENT AND HOUSING LOCATOR WEBSITE REGISTRATION 2207.1 Within seven (7) days after the receipt of a Notice of Availability, DHCD shall notify the Owner of the maximum purchase price or rent for each Inclusionary Unit listed in the Notic…

2208 METHOD OF SELECTION OF HOUSEHOLDS 2208.1 Households may be selected for an Inclusionary Unit as follows: Except as provided in §§ 2208.2 through 2208.3, a Household may be selected for the initial or subsequent sale and lease of an Inclusionary Unit through a lottery conduct…

2209 HOUSEHOLD REGISTRATION 2209.1 In order to be eligible to participate in the household selection process, a member of the Household shall: Complete an Inclusionary Zoning Program orientation class conducted by DHCD or its designee; and (b) Complete a registration application …

2210 INCLUSIONARY UNIT INITIAL NOTIFICATION 2210.1 If the Notice of Availability identifies a DHCD lottery as the chosen selection method or if the Notice of Availability identifies a marketing plan as the chosen selection method, but as of the date of the Notice of Availability …

2210 INCLUSIONARY UNIT INITIAL NOTIFICATION 2210.1 If the Notice of Availability identifies a DHCD lottery as the chosen selection method or if the Notice of Availability identifies a marketing plan as the chosen selection method, but as of the date of the Notice of Availability …

2212 DISTRICT LOTTERY – NOTIFICATION TO HOUSEHOLDS AND OWNERS 2212.1 No later than seven (7) days after a lottery is held, DHCD shall provide to the Owner a written list of the Households selected pursuant to the lottery. 2212.2 No later than seven (7) days after a lottery is hel…

2213 DISTRICT LOTTERY — MARKETING OF INCLUSIONARY UNITS TO HOUSEHOLDS SELECTED PURSUANT TO THE LOTTERY 2213.1 The Owner shall market an Inclusionary Unit to each of the Households selected under § 2212.1, including, but not limited to, showings and providing other marketing infor…

2214 VERIFICATION OF HOUSEHOLD ELIGIBILITY; REQUIRED CERTIFICATIONS 2214.1 Except as set forth in § 2208.2(a), an Owner shall sell or rent an Inclusionary Unit only to a Household which: (a) Has been certified as an Eligible Household by a Certifying Entity, as evidenced by a Cer…

2215 CERTIFYING ENTITY 2215.1 A Household shall obtain, and an Owner shall accept, a Certification of Income, Affordability, and Housing Size only from a Certifying Entity. 2215.2 DHCD may approve a Certifying Entity pursuant to a request for proposals process or through an appli…

2216 CLOSING AND LEASE SIGNING PROCEDURES 2216.1 Prior to closing, the Owner shall attach the following as an exhibit to the deed conveying a For Sale Inclusionary Unit: (a) The Declaration(s) of Eligibility provided to the Owner by the Eligible Household purchasing the Inclusion…

2217 RESPONSIBILITIES OF RENTAL INCLUSIONARY DEVELOPMENT OWNERS AND TENANTS 2217.1 No later than sixty (60) days before each anniversary of the first day of the lease, an Eligible Household leasing a Rental Inclusionary Unit shall submit to the Inclusionary Development Owner the …

2218 RESPONSIBILITIES OF INCLUSIONARY UNIT OWNERS 2218.1 Annually on the anniversary of the closing date for a For Sale Inclusionary Unit, the Inclusionary Unit Owner shall submit to DHCD a certification on such form as may be prescribed by DHCD of continued unit occupancy as the…

2219 DETERMINATION OF MAXIMUM RESALE PRICE 2219.1 The Maximum Resale Price (“MRP”) shall be equal to the greater of: (a) The original purchase price during the first year of ownership, or (for all subsequent years) the Maximum Resale Price of the previous year, multiplied by the …

2219 DETERMINATION OF MAXIMUM RESALE PRICE 2219.1 The Maximum Resale Price (“MRP”) shall be equal to the greater of: (a) The original purchase price during the first year of ownership, or (for all subsequent years) the Maximum Resale Price of the previous year, multiplied by the …

2221 CONVERSION OF A RENTAL INCLUSIONARY DEVELOPMENT TO A FOR SALE INCLUSIONARY DEVELOPMENT 2221.1 No condominium or cooperative documents may be filed to convert a Rental Inclusionary Development to a condominium or cooperative until a new application for a Certificate of Inclus…

2222 SALE BY HEIRS 2222.1 If an Inclusionary Unit Owner dies, at least one (1) heir, legatee, or other person taking title to the Inclusionary Unit by will or by operation of law shall occupy the Inclusionary Unit if the Household of such person meets the requirements of these re…

2222 SALE BY HEIRS 2222.1 If an Inclusionary Unit Owner dies, at least one (1) heir, legatee, or other person taking title to the Inclusionary Unit by will or by operation of law shall occupy the Inclusionary Unit if the Household of such person meets the requirements of these re…

2224 VIOLATIONS AND OPPORTUNITY TO CURE 2224.1 Prior to exercising the authority to revoke a building permit or Certificate of Occupancy pursuant to § 1041.04 of the Inclusionary Zoning Act, DCRA shall provide to the person who is alleged to have violated the Inclusionary Zoning …

2225 WAIVER 2225.1 The Director of DHCD may, at his or her discretion, upon the request of an agency of the District (including DHCD) or the written request of an Owner of an Inclusionary Development or Unit, a lessee of an Inclusionary Unit, or a Household seeking to own or rent…

2299 DEFINITIONS 2299.1 When used in this chapter, the following words and phrases shall have the meanings ascribed below: Annual Income – annual income as defined in 24 CFR § 5.609 as of the effective date of these amended regulations. Bedroom – a room with immediate access to a…

2401 GENERAL PROVISIONS 2401.1 This chapter establishes the rules governing the operation of the District’s Opportunity to Purchase Program under Title IV-A of the Act. 2401.2 The purpose of the District’s Opportunity to Purchase Program shall be to provide the District of Columb…

2402 OPPORTUNITY TO PURCHASE AND OFFER OF SALE 2402.1 Before an Owner may sell a Housing Accommodation consisting of five (5) or more Rental Units, the Owner shall provide the Mayor an opportunity to purchase the Housing Accommodation. 2402.2 If the Housing Accommodation consisti…

2403 MAYOR’S EXERCISE OF THE OPPORTUNITY TO PURCHASE 2403.1 The Mayor shall not exercise the opportunity to purchase unless at least twenty-five percent (25%) of the Rental Units in the Housing Accommodation are Affordable Rental Units. 2403.2 When determining whether to exercise…

2404 SALE CONTRACT NEGOTIATION AND SETTLEMENT 2404.1 The Mayor shall have not less than one hundred fifty (150) days from the Owner’s receipt of the Mayor’s written statement of interest to negotiate a sale contract for the Housing Accommodation with the Owner, which time may be …

2405 MAYOR’S RIGHT TO ASSIGN THE OPPORTUNITY TO PURCHASE 2405.1 The Mayor may exercise the opportunity to purchase a Housing Accommodation under Title IV-A of the Act by assigning the rights to an assignee that: Must be selected from the Agency’s Pre-Approved Developer list. In o…

2406 MAYOR’S OR MAYOR’S ASSIGNEE’S OBLIGATION TO MAINTAIN AFFORDABILITY 2406.1 The Mayor or Mayor’s Assignee shall file a combined property report and affordability plan for the Housing Accommodation with the Agency within one hundred twenty (120) days after settlement and annual…

2499 DEFINITIONS 2499.1 For purposes of this chapter, the following words and phrases shall have the meaning ascribed: Act – the Rental Housing Conversion and Sale Act of 1980, effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code §§ 42-3401.01 et seq.). Affordable Rent…

2500 GENERAL PROVISIONS 2500.1 The purpose of the District of Columbia Home Purchase Assistance Program (HPAP) shall be as follows: (a) To provide financial assistance to lower and moderate income residents of the District; (b) To enable lower and moderate income residents to pur…

2501 ELIGIBILITY RULES 2501.1 Applicants shall meet the requirements as specified in this section. 2501.2 At the time of application, the applicant shall be the head of a household residing in the District of Columbia, and shall have Gross Household income within one (1) of the f…

2502 PURCHASE PRICE OF PROPERTY 2502.1 The purchase price of the property shall not exceed by more than five percent (5%) the value of the property as established by a qualified independent appraiser. 2502.2 In the case of a cooperative unit, the share price or other investment r…

2503 AMOUNT OF FINANCIAL ASSISTANCE 2503.1 The amount of financial assistance provided to a very low, low or moderate income eligible household shall be based on the sum of Downpayment Assistance and Closing Cost Assistance, subject to the limitations provided in § 2503.2 of this…

2504 DETERMINATION OF MONTHLY PRINCIPAL PAYMENT 2504.1 [Deleted]. 2504.2 (a) Loans made to any income-eligible moderate-income household under this Program shall require monthly Principal-Only payments in an amount equal to the loan amount amortized over a four hundred eighty (48…

2505 TYPES OF LOANS: PRINCIPAL ONLY, INSECURED, DEFERRED PAYMENT 2505.1 Except as provided for in Sections 2505 through 2506, all financial assistance under the Program shall be either Principal-Only Loans repayable after five (5) years, or deferred payment loans consistent with …

2506 REPAYMENT OF LOANS 2506.1 Loans made under the Program shall require that the entire unpaid principal amount of the loan shall be repaid to DHCD immediately upon (1) the sale or transfer of the property to another owner; (2) the property ceasing to be the borrower's principa…

2508 TERMS OF LOANS 2508.1 Loans made under the Program shall not bear interest, except as may be established under the provisions of § 2506.6. 2508.2 (a) The terms of each loan made to any moderate income household under the Program shall provide that the principal amount of the…

2509 PREPAYMENT PENALTY 2509.1 A prepayment penalty shall be charged to the loan recipient if the property is sold or transferred at any time during the first five (5) years after settlement of the loan, except as provided in § 2506. 2509.2 The prepayment penalty shall be equal t…

2510 DETERMINATION OF INCOME LIMITS 2510.1 The Department shall establish income limits for very low income, lower income and moderate income households in accordance with the requirements of this section, and consistent with the definitions of these households in § 2599 of this …

2599 DEFINITIONS 2599.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Amortized Loan - a loan that will be completely paid off over a specific period of time at a predetermined interest rate. Area Median Income - the current median in…

2600 GENERAL PROVISIONS 2600.1 The Cooperative Conversion Seed Money Loan Program provides assistance to low-income and moderate-income tenant groups with a high potential for successful cooperative conversion. The assistance will be in the form of non-interest-bearing loans to h…