District of Columbia Administrative Code

3809 AFFIRMATIVE MARKETING GOALS 3809.1 The Agency may establish a monitoring system to ensure that Approved Mortgage Lenders do the following: (a) Conduct outreach efforts and inform members of the community of the availability of the Agency's funding or Mortgage loans, particul…

3899 DEFINITIONS 3899.1 When used in this chapter, unless defined herein, words and phrases shall have their common industry meaning ascribed: Approved Mortgage Lender: (a) The Agency, any bank, Mortgage banking company, trust company, savings bank, savings and loan association, …

3900 SCOPE OF PROGRAM 3900.1 This chapter shall govern the application and certification requirements for tax abatements and the deferral or forgiveness of any indebtedness owed the District, including deferral or forgiveness of tax liens and sewer and water fees, for newly const…

3901 APPLICATION PROCESS 3901.1 All applicants for benefits or assistance under the program shall apply to the Department of Housing and Community Development (DHCD). 3901.2 Applications shall be submitted on an application form prescribed by the DHCD. 3901.3 Applications which d…

3902 CERTIFICATION CRITERIA FOR TAX ABATEMENT 3902.1 Tax abatements as specified in §802(a) of the Act (D.C. Code §45-2582 (1981)) shall be granted to any newly constructed rental housing accommodation or any vacant rental housing accommodation which has been rehabilitated where …

3903 SCHEDULE OF TAX ABATEMENT 3903.1 A newly constructed rental housing accommodation certified eligible for tax abatement under the program shall be entitled to the abatement of eighty percent (80%) of its total District of Columbia property tax liability during the first prope…

3904 CERTIFICATION CRITERIA FOR DEFERRAL AND FORGIVENESS OF INDEBTEDNESS OWED TO THE DISTRICT 3904.1 A vacant rental housing accommodation which has been rehabilitated may be eligible for consideration of deferral or forgiveness of any indebtedness owed to the District including,…

3905 ANNUAL FORGIVENESS AND DEFERRAL CEILINGS 3905.1 Each fiscal year, the following persons shall make recommendations to the Mayor: (a) The Director of the Department of Consumer and Regulatory Affairs shall recommend amounts of revenue to be forgiven and deferred related to sp…

3906 SCHEDULE, TERMS AND CONDITIONS OF DEFERRAL AND FORGIVENESS 3906.1 The schedule for deferral and repayment of any indebtedness to the District shall be determined by the DHCD, based on the financial feasibility review and analysis required in §3904 of this chapter. In determi…

3907 RENT REGULATORY AGREEMENTS 3907.1 The owner of each project determined to be eligible for tax abatement, under §3902 of this chapter, or for deferral or forgiveness of indebtedness to the District under §3904 of this chapter shall be required to enter into a rent regulatory …

3908 PROCEDURES FOR CERTIFICATION AND IMPLEMENTATION 3908.1 When the DHCD has determined that a project is eligible for tax abatement, deferral of indebtedness or forgiveness of indebtedness to the District under this chapter, the implementation procedures of this section shall b…

3909 WAIVER 3909.1 The Director of the DHCD for good cause shown in writing, may waive any provision of this chapter, consistent with applicable law, except for the provisions of §3905 of this chapter. SOURCE: Final Rulemaking published at 34 DCR 980, 994 (February 6, 1987). AUTH…

3999 DEFINITIONS 3999.1 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 Administr…

4000 GENERAL PROVISIONS 4000.1 This chapter shall set forth rules governing the operation of the Nehemiah Community Housing Opportunity Program (Nehemiah Program), administered by the D.C. Department of Housing and Community Development (DHCD). 4000.2 The purpose of the Nehemiah …

4001 DESCRIPTION OF NEHEMIAH PROGRAM ASSISTANCE 4001.1 DHCD may provide loans or grants, and make available land in public ownership, to assist eligible non-profit organizations in the construction or rehabilitation of homes under the Nehemiah Program. 4001.2 DHCD shall provide l…

4002 APPLICATION PROCESS 4002.1 DHCD shall have the authority to establish, and shall announce from time to time, its requirements for receipt of applications for assistance from non-profit organizations under the Nehemiah Program. All applications shall be in a form prescribed b…

4003 APPLICATION ELIGIBILITY DETERMINATION 4003.1 DHCD shall perform an initial review upon receipt of each application to determine its completeness in accordance with §4002, and its compliance with program eligibility requirements as specified in §§4003.3 through 4003.12. 4003.…

4004 REVIEW AND RANKING OF APPLICATIONS 4004.1 All applications which are determined complete and eligible for assistance in accordance with §4003.1 shall be reviewed and ranked in accordance with requirements of this section. 4004.2 DHCD shall give priority to proposals with hig…

4005 CONDITIONAL APPROVAL OF APPLICATIONS 4005.1 DHCD shall approve applications based on the review and ranking requirements of §4004, and consistent with Nehemiah Program funding availability. 4005.2 DHCD shall notify all applicants, in writing, of its final decision regarding …

4006 CONDITIONS FOR FINAL APPROVAL AND PROJECT IMPLEMENTATION 4006.1 Prior to final DHCD approval of the project and the provision of financial assistance or disposition of land, the applicant shall meet all conditions of the DHCD conditional approval and other requirements of th…

4007 NEHEMIAH HOME PURCHASE ASSISTANCE AND SALE OF HOMES 4007.1 This section shall govern conditions relating to the sale of individual Nehemiah homes and the provision of grants or loans to purchasers of Nehemiah homes. 4007.2 Each Nehemiah Program home shall be sold to a person…

4008 DIRECT LOAN ASSISTANCE AND AVAILABILITY OF PUBLIC PROPERTY 4008.1 Pursuant to §4001.2, DHCD shall provide loans to eligible non-profit applicants in amounts up to one million dollars ($1,000,000) at below market rates to assist in development of housing under the Nehemiah Pr…

4099 DEFINITIONS 4099.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Act - the Housing Production Trust Fund Act of 1988, D.C. Law 7-202 (D.C. §45-3101 et seq. (1990 Repl. Vol.)). Alienation - the act of transferring property to anot…

4100 GENERAL PROVISIONS 4100.1 This chapter shall set forth rules governing the operation of the Housing Production Trust Fund (the Fund), and administered by the D.C. Department of Housing and Community Development (DHCD). 4100.2 The purpose of the Fund shall be to provide finan…

4101 ORGANIZATION OF THE DHCD HOUSING PRODUCTION TRUST FUND 4101.1 DHCD shall organize and administer the Fund to facilitate creation of affordable housing and related activities for the citizens of the District of Columbia through the provision of financial assistance to eligibl…

4102 RESPONSIBILITY AND AUTHORITY OF DHCD 4102.1 DHCD shall have responsibility and authority for administration of the Fund. DHCD is authorized to pay all reasonable costs of fund administration from the Fund not to exceed in a fiscal year 5 percent of the funds deposited into t…

4103 THE HOUSING PRODUCTION TRUST FUND BOARD 4103.1 The Mayor shall establish an advisory Housing introduction Trust Fund Board (Board) to advise DHCD on the development, financing and operation of the Fund and other matters related to the planning and production of housing for l…

4104 THE HOUSING PRODUCTION COMPONENT 4104.1 Funds allocated to the Housing Production Component may be used to provide Housing Production loans, grants and equity capital investments by DHCD to Eligible Entities described in § 4106.1. 4104.2 DHCD may establish guidelines and pro…

4105 PARTICIPATING LENDERS FOR HOUSING PRODUCTION TRUST FUND ASSISTANCE 4105.1 DHCD may designate certain Financial Institutions to be Participating Lenders authorized to originate loans from the Fund pursuant to the Act and this chapter. 4105.2 The following types of financial i…

4106 APPLICATIONS FOR HOUSING PRODUCTION TRUST FUND ASSISTANCE 4106.1 An entity may be eligible to make application for financial assistance from the Fund if the entity: (a) Is a person, partnership, joint venture, non-profit or for-profit organization, corporation or other entit…

4107 ELIGIBILITYAND PRIORITY CRITERIA FOR HOUSING PRODUCTION COMPONENT ASSISTANCE 4107.1 Properties for which an Eligible Borrower may receive Housing Production Component assistance shall provide a minimum of twenty percent (20%) of the total housing units in the development or …

4108 APPROVAL AND FUNDING OF APPLICATIONS AND CONTINUING RESPONSIBILITIES OF DEVELOPERS 4108.1 Upon receipt of any application for a financial assistance from the Fund, DHCD or its designee shall perform an initial review to determine the completeness and its compliance with Prop…

4109 THE SPECIAL FINANCIAL PRODUCTS COMPONENT 4109.1 Funds allocated to the Special Financial Products Component may be used to provide Special Financial Products to Eligible Borrowers, described in §4106.1 who may be eligible to make an application for a Housing Production Loan.…

4110 APPLICATIONS: SPECIAL FINANCIAL PRODUCTS 4110.1 Special Financial Products may be originated as follows: (a) Directly by DHCD; or (b) By non-profit organizations pursuant to a written agreement with DHCD specifying the terms and conditions, consistent with the Act and this c…

4111 ELIGIBILITY AND PRIORITY CRITERIA FOR SPECIAL FINANCIAL PRODUCTS 4111.1 Eligible Borrowers or Grantees may make application through the Special Financial Products Component for a variety of specialized forms of financial assistance authorized in D.C. Law 7-202 and specified …

4112 CONDITIONS FOR PROJECT CLOSINGS 4112.1 Prior to closing on any financial assistance under the Fund, the applicant shall meet all conditions of the conditional commitment of DHCD or its designee and other requirements of this chapter to the satisfaction of DHCD or its designe…

4199 DEFINITIONS 4199.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: Applicant - a corporation, partnership, joint venture, individual or other eligible entity which submits an application for assistance from the Housing Production …

4300 GENERAL PROVISIONS 4300.1 This chapter sets forth rules governing the operation of the District of Columbia Housing Finance for Elderly, Dependent, and Disabled (HoFEDD) Program, administered by the District of Columbia Department of Housing and Community Development (DHCD).…

4301 PUBLIC NOTICE AND PROPOSAL SUBMISSION PROCESS 4301.1 The DHCD shall publish Notices of Funds Availability (NOFA's) soliciting Proposals to develop properties under the HoFEDD Program in the following publications: (a) At least two (2) newspapers of general circulation in the…

4302 ELIGIBILITY 4302.1 The following applicants shall be eligible to participate in the HoFEDD Program: (a) For-profit corporations; (b) Not-for-profit corporations; and (c) Partnerships, limited partnerships and joint ventures, engaged in for-profit or not-for-profit activities…

4303 REVIEW AND CONDITIONAL APPROVAL OF PROPOSALS 4303.1 The DHCD's Neighborhood Improvement Administration (NIA) shall initially review each proposal for completeness and compliance with eligibility standards. 4303.2 The DHCD may reject proposals which are initially determined i…

4304 CONDITIONS PRECEDENT TO FINAL APPROVAL AND PROJECT IMPLEMENTATION 4304.1 Prior to final approval of loan closing on projects which have received conditional commitments, all conditions of the DHCD conditional commitment letter shall be met to the satisfaction of DHCD. 4304.2…

4305 ALLOWABLE PROJECT COSTS 4305.1 The following project costs shall be eligible for loan assistance from the HoFEDD program: (a) Predevelopment costs associated with the project which accrue subsequent to the selection or approval of an applicant. These costs may include the re…

4306 RELOCATION AND OTHER PROVISIONS FOR EXISTING TENANTS 4306.1 A tenant who is required to move, as determined by DHCD at the time an applicant receives final approval under §4304, because of housing overcrowding or change of use resulting from the project, and who cannot be ac…

4307 TYPES OF ASSISTANCE TO BE PROVIDED 4307.1 The DHCD shall provide interim and permanent loans in accordance with §§4308 and 4309 to the extent required to make feasible the development of community based residential facilities and other housing eligible for HoFEDD assistance,…

4308 INTERIM LOANS 4308.1 The DHCD may originate interim loans to finance all or a portion of the allowable project costs to develop eligible properties, consistent with this section and §§4305 and 4307. 4308.2 The Department shall provide a leveraged loan for that portion of the…

4309 PERMANENT LOANS 4309.1 The DHCD may provide permanent mortgage loans to eligible housing types for which all or any portion of the allowable project costs would be either unavailable from other sources or would be available only at terms which would render the project econom…

4399 DEFINITIONS 4399.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Accessible Dwelling Unit - a dwelling unit that handicapped and disabled individuals and families are capable of approaching, entering, and using and has been rende…

4500 GENERAL PROVISIONS 4500.1 This chapter shall set forth rules governing the operation of the Land Acquisition for Housing Development Opportunities (LAHDO) program, administered by the District of Columbia Department of Housing and Community Development (DHCD). 4500.2 The pur…

4501 DESCRIPTION OF LAHDO ASSISTANCE 4501.1 DHCD shall provide funds for the District's acquisition of land, whether vacant land or land underlying existing buildings, and lease the acquired land to the LAHDO Program applicant consistent with the requirements of §4508. 4501.2 DHC…