District of Columbia Administrative Code

3008 EVIDENCE 3008.1 Evidence presented at hearings before the Board shall be limited to material evidence relative to the issue arising in the proceeding. 3008.3 Evidence will be excluded in the discretion of the Board if it is irrelevant, immaterial, or unduly repetitious. 3008…

3009 OFFERS OF PROOF 3009.1 Any offer of proof made in connection with an objection taken to any ruling of the Board rejecting or excluding proffered oral testimony, shall consist of a statement for the record of the substance of the evidence which the person contends would be ad…

3010 EXHIBITS 3010.1 Exhibits offered in evidence at any hearing before the Board shall, if received by the Board, be retained by it and may be examined by a person at any time, during usual business hours. 3010.2 In its discretion, the Board may permit the withdrawal of original…

3011 TRANSCRIPTS OF HEARINGS 3011.1 Hearings shall be recorded under Board supervision. 3011.2 Approved transcripts of hearings shall be supplied by the Board to an individual affected by the proceedings upon request and the payment of the costs of the transcript. 3011.3 Changes …

3099 DEFINITIONS 3099.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Board - the Board of Condemnation of Insanitary Buildings. Chairperson - the chairperson of the Board. Department - the D.C. Department of Consumer and Regulatory A…

3200 GENERAL PROVISIONS 3200.1 The purpose of this chapter is to set forth the policies and basic procedures for disposition of real property owned by the District of Columbia and under the control of the Department of Housing and Community Development. This chapter incorporates …

3201 CONFLICT OF INTEREST 3201.1 A person shall be disqualified from participating as a member of a development team or from having any ownership interest in a proposed development if that participation would be a conflict of interest under the laws and regulations of the Distric…

3202 OFFERING POLICY 3202.1 The interest of the District normally is best served when the publicly owned land is disposed of through a competitive public process. Therefore, all land to be disposed of for private reuse (whether residential, commercial, or non-profit) shall normal…

3203 OFFERING PROCEDURES 3203.1 Each offering shall be announced publicly, and the notices shall be given as widespread a dissemination as is practicable. 3203.2 All announcements shall be published one (1) or more times in the local press. Announcements shall also be distributed…

3204 COUNCIL REVIEW OF OFFERING DOCUMENTS 3204.1 The provisions of this section shall apply to documents issued under §§3203 and 3205. 3204.2 Prior to the issuance of a prospectus, request for proposals or bids, or other notification to solicit offers ("offering documents") for p…

3205 OFFERING WITHOUT PROSPECTUS 3205.1 If the Director determines that appropriate circumstances exist, he or she may authorize the site to be offered other than through a prospectus. 3205.2 The form and content of each offering document issued under this section shall be review…

3206 PROSPECTUS: FORM AND CONTENT 3206.1 In general, each prospectus shall contain the following sections: (a) Request for Proposals; (b) Parcel and Neighborhood Information; (c) Selection Criteria; (d) Developer Submissions (e) Selection Process; (f) Developer's Kit; and (g) Fur…

3207 PUBLIC HEARING 3207.1 In the case of private development, the Department shall only give final designation to a developer and dispose of a site after holding a duly authorized public hearing in accordance with applicable law. 3207.2 The Department shall hold a public hearing…

3208 PRE-HEARING REVIEW 3208.1 Prior to public hearing, the proposals shall be reviewed under the procedures set forth in this section. 3208.2 Proposals received as the result of a public offering document shall be reviewed by the Department staff. 3208.3 The Department shall tra…

3209 SELECTION PROCESS 3209.1 The Director shall select a developer, reject all proposals or direct the Department to provide further evaluation of one (1) or more of the proposals based upon specific stated concerns. 3209.2 If the Department is directed to provide further evalua…

3210 EXCLUSIVE RIGHT SELECTION 3210.1 An exclusive right designation shall be used in competitive dispositions when the Department determines that because of market conditions, size of the site, or use of the site, selection of a developer should be made on the basis of the devel…

3211 TENTATIVE DESIGNATION SELECTION 3211.1 A tentative designation selection shall be used in competitive dispositions where, in the judgment of the Department, marketing conditions the size of the site, or the use of site will permit the Director to impose more detailed require…

3212 UNSOLICITED OFFERS FOR DEVELOPMENT 3212.1 All unsolicited offers for Department sites sent or referred to the Department shall be forwarded to the Director of the Department for appropriate action. 3212.2 The Director or an assigned member of the Department shall immediately…

3213 NEGOTIATION PROCESS 3213.1 When the Director authorizes the Department to negotiate the disposition of a site with a named prospective developer, the staff shall do the following: (a) Notify the prospective developer in writing that the Director has authorized the Department…

3214 MODIFICATIONS PRIOR TO FINAL DESIGNATION 3214.1 When the Director authorizes an exclusive right or tentative designation, he or she shall make certain findings regarding major elements of the prospective redeveloper's proposal. Consequently, if prior to the submission of fin…

3215 RELOCATION, FINANCIAL AND OTHER ASSISTANCE FOR DISPLACED PERSONS OR BUSINESSES 3215.1 Persons or businesses displaced by the Department's disposition activities shall be entitled to and may exercise benefits under the Uniform Relocation Assistance and Real Property Acquisiti…

3216 APPEAL PROCEDURES FOR DISPLACED PERSONS OR BUSINESSES 3216.1 After receipt of a written decision by the Department, a qualified person or business may file an appeal within fifteen (15) days with the Administration for Neighborhood Preservation and Commercial Development, on…

3300 PROGRAM SCOPE 3300.1 This chapter shall govern the application and certification requirements for deferral or moratorium of up to five (5) years on real property taxes, and for tax deferral of any indebtedness owed the District including deferral or forgiveness of tax liens …

3301 DISTRESS PROPERTY 3301.1 In accordance with §103 of the Act, for purposes of eligibility to receive the benefits of this Program, a distressed property means a rental housing accommodation that meets all of the following criteria: (a) Is experiencing and has experienced a ne…

3302 DISTRESSED PROPERTIES IMPROVEMENT PLAN 3302.1 For purposes of this Program, a Distressed Properties Improvement Plan (the Plan) shall include, but not be limited to, the following: (a) A schedule of proposed repairs and capital improvements to bring the property into total o…

3303 PRE-APPLICATION PROCESS 3303.1 The Department of Housing and Community Development may contract with a service provider to provide preliminary technical assistance to housing providers who contemplate making application to the Department under the Program. This technical ass…

3304 APPLICATION PROCESS 3304.1 All applicants for benefits or assistance under the Program shall apply to the Department of Housing and Community Development (DHCD) on an application form prescribed by the DHCD. 3304.2 The application shall include, but not be limited to, the Pl…

3305 CERTIFICATION CRITERIA FOR ELIGIBILITY IN THE PROGRAM 3305.1 A rental housing accommodation which meets all the criteria for a distressed property as defined in §3302 may be eligible for consideration of tax deferral, moratorium or forgiveness if it also meets the certificat…

3306 REVIEW OF APPLICATIONS 3306.1 A rental housing accommodation which meets the eligibility and certification criteria of §3300 through §3305 shall be reviewed for consideration of tax deferral, moratorium or forgiveness in accordance with this section. This may include the def…

3307 ANNUAL FORGIVENESS AND DEFERRAL CEILINGS 3307.1 Projects considered for forgiveness or deferral under this Program shall also be subject to the annual forgiveness and deferral ceiling established in §§3205.1 through 3205.3 of chapter 32 of this title. 3307.2 Projects meeting…

3308 SCHEDULE, TERMS AND CONDITIONS OF DEFERRAL AND FORGIVENESS AND OF DEFERRAL OR MORATORIUM 3308.1 The schedule for repayment of any deferred indebtedness to the District under §§3306.5(a) through (f) shall be determined by DHCD, based on the financial feasibility review and an…

3309 RENT REGULATORY AGREEMENTS 3309.1 The owner of each project determined to be eligible for real property tax deferral or moratorium, or for deferral or forgiveness of indebtedness to the District under this chapter, shall be required to enter into a rent regulatory agreement …

3310 PROCEDURES FOR CERTIFICATION AND IMPLEMENTATION 3310.1 When DHCD has determined that a project is eligible for real property tax deferral or moratorium, deferral of indebtedness or forgiveness of indebtedness to the District under this chapter, the implementation procedures …

3311 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is §§802(e) and 804(a) of the Rental Housing Act of 1985, D.C. Law 6-10, D.C. Code §45-2584(a) (1981); and Mayor 's Order 86-27, as amended, 33 DCR 1651 (March 14, 1986).

3312 WAIVER 3312.1 The Director of DHCD may, for good shown, in writing, waive any provision of this chapter, consistent with applicable law, except for the provisions of §3307. SOURCE: Final Rulemaking published at 35 DCR 2541, 2562 (April 8, 1988). AUTHORITY: DC-DCMR Unless oth…

3399 DEFINITIONS 3399.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Act - the Rental Housing Act of 1985 (D.C. Law 6-10, D.C. Code §45-2501 et seq. (1981). Administrator - the Administrator of the Neighborhood Improvement Administra…

3400 GENERAL PROVISIONS 3400.1 Section 252 of the Tax Reform Act of 1986 (the "Act") establishes a federal income tax credit for investments in residential rental housing which provide housing for low income persons. The Act authorizes the District of Columbia to allocate availab…

3401 APPLICATION FOR TAX CREDITS 3401.1 Applications for tax credits shall be in a form and include information as required by the Department. 3401.2 The Department may establish time periods for acceptance of applications for tax credits for calendar years 1987, 1988, and 1989. …

3402 ELIGIBLE PROJECTS 3402.1 Projects eligible to apply to the Department for tax credits shall meet the requirements of this section. 3402.2 Projects shall meet the requirement of §252 of the Act including, but not limited to, the following: (a) The project shall meet the follo…

3403 REVIEW OF APPLICATIONS 3403.1 At the end of an application acceptance period, all applications for tax credits submitted shall be reviewed by the Department for completeness and eligibility. 3403.2 The Department may, at its sole discretion, request additional information or…

3404 RESERVATION OF TAX CREDIT 3404.1 Upon approval of an application, the Department shall issue a letter of conditional reservation of tax credits, setting forth a reservation agreement, which shall be accepted in writing by the applicant. 3404.2 This reservation agreement shal…

3405 PROJECT CERTIFICATION AND TAX CREDIT AWARDS 3405.1 When a project is placed in service, the owner shall certify to the Department, in an acceptable format, the owner's and the project's compliance with the Act and the regulations promulgated thereunder, and provide any docum…

3499 DEFINITIONS 3499 When used in this chapter, the following words and phrases shall have the meaning ascribed: Act - the Tax Reform Act of 1986 (Public Law 99-514). Area median income - the median income for the Washington Metropolitan Statistical Area as determined by HUD for…

3500 GENERAL PROVISIONS 3500.1 The District of Columbia Housing Finance Agency (also referred to in this chapter as the "Agency") shall have its principal office in the District. Other offices of the Agency shall be in places deemed necessary and appropriate by the Board of Direc…

3501 BOARD OF DIRECTORS 3501.1 General policies governing the operations of the Agency shall be determined by the Board of Directors. Each member shall hold office for the term for which he or she is appointed, unless he or she is removed in accordance with the law. The Chairpers…

3502 MEETING OF THE BOARD OF DIRECTORS 3502.1 The Board of Directors shall have a regular meeting on the second (2nd) and fourth (4th) Tuesday of each month at 5:30 p.m. in the principal office of the Agency, or, if such day, time, or location is not practicable, at such other da…

CLOSED SESSIONS 3503.1 The Board may hold a closed session at the times and places it determines to be in the interest of the Agency. 3503.2 Closed sessions shall not be open to the public. 3503.3 Minutes of closed sessions shall be kept and made a part of the Agency's permanent…

3504 VOTING 3504.1 Members may not be represented by proxy at any meeting of the Board of Directors. SOURCE: Final Rulemaking published at 28 DCR 902 (February 27, 1981), incorporating text of Proposed Rulemaking published at 27 DCR 4824 (October 31, 1980); as amended by Final Ru…

3505 COMMITTEES OF THE BOARD 3505.1 The Board of Directors may by resolution designate from among its members one (1) or more committees, each of which, to the extent provided by resolution of the Board, shall perform the duties and exercise powers specified in the resolution. SO…

3506 OFFICERS, AGENTS AND EMPLOYEES OF THE BOARD 3506.1 The principal officers of the Agency shall consist of a Chairperson of the Board of Directors, a Vice-Chairperson, an Executive Director, who shall also act as Secretary, and other principal officers that may be designated b…