District of Columbia Administrative Code

4502 APPLICATION PROCESS 4502.1 DHCD shall have the authority to establish, and shall announce from time to time, the time period requirements for receipt of applications for assistance under the LAHDO Program. All applications shall be in a form as prescribed by DHCD. 4502.2 DHC…

4503 APPLICATION ELIGIBILITY DETERMINATION 4503.1 DHCD shall perform an initial review upon receipt of each application to determine its completeness in accordance with §4502, and its compliance with program eligibility requirements as specified in §§4503.3 through 4503.15. 4503.…

4504 REVIEW AND RANKING OF APPLICATIONS 4504.1 All applications which are determined complete and eligible for assistance in accordance with §4503.1 shall be reviewed and ranked in accordance with the requirements of this section. 4504.2 Priority consideration shall be given to f…

4505 CONDITIONAL APPROVAL OF APPLICATIONS 4505.1 DHCD shall approve applications based on the review and ranking requirements of §4504, and consistent with LAHDO Program funding availability. 4505.2 At the sole discretion of DHCD, highly ranked applications for which there is no …

4506 CONDITIONS FOR PROJECT CLOSING AND IMPLEMENTATION 4506.1 Prior to final approval of the acquisition of property and actual closing on the property which has received a conditional commitment, the applicant shall meet all conditions of the DHCD conditional commitment and othe…

4507 RELOCATION AND OTHER PROVISIONS FOR EXISTING TENANTS 4507.1 DHCD shall give priority consideration to selection of properties which are vacant at the time of application submission, rather than occupied properties, consistent with §4504.2. 4507.2 DHCD may approve and select …

4508 LAND PURCHASE/LEASEBACK TRANSACTION 4508.1 DHCD may acquire property under the LAHDO Program through one of the following methods: (a) Direct purchase of the land from an owner-applicant; (b) Acceptance of assignment of an applicant's right to purchase the property from a th…

4599 DEFINITIONS 4599.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Applicant - a corporation, partnership, joint venture, individual or other eligible entity which submits an application for assistance under the LAHDO Program. The …

4600 GENERAL PROVISIONS 4600.1 The Purpose of this chapter is to provide criteria to be considered in identifying "deteriorated property" that constitutes a threat to the public health, safety, or welfare or that contributes to the blight or dilapidation of the area immediately s…

4601 REAL PROPERTY THAT CONSTITUTES A THREAT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE 4601.1 In accordance with D.C. Official Code § 42-3171.01(2) (a), property constitutes a threat to the public health, safety, or welfare if conditions on the property meet at least two (2) of th…

4602 REAL PROPERTY THAT CONTRIBUTES TO THE BLIGHT OR DILAPIDATION OF THE AREA IMMEDIATELY SURROUNDING THE PROPERTY 4602.1 In accordance with D.C. Official Code § 42-3171.01(2)(b), property contributes to the blight or dilapidation of the area immediately surrounding the property …

4800 PLACEMENT OF INVESTMENTS 4800.1 The Deputy Mayor for Financial Management shall invest all deposited public funds which are not required to be disbursed immediately. 4800.2 Public funds shall be invested in obligations of the United States government or its agencies directly…

4801 APPROVAL OF FINANCIAL INSTITUTIONS 4801.1 Each financial institution desiring to be an eligible financial institution shall submit information, in the form provided by the Deputy Mayor for Financial Management, which is appropriate for the evaluation of the condition of such…

4802 LIMITATION ON AMOUNT 4802.1 No financial institution shall at any time have investments of public funds in an amount exceeding twenty-five percent (25%) of the total assets, exclusive of public funds, of that financial institution. SOURCE: Final Rulemaking published at 32 DC…

4803 REQUIRED COLLATERAL 4803.1 Both the principal and interest of any public funds invested in repurchase agreements shall be fully secured by obligations of the United States government or its agencies. 4803.2 The Deputy Mayor for Financial Management shall receive the required…

4804 DELEGATION OF DEPUTY 4804.1 Wherever this chapter prescribes the performance of a duty by the Deputy Mayor for Financial Management, that duty shall be performed by the Deputy Mayor for Financial Management or any person that the Deputy Mayor for Financial Management may del…

4899 DEFINITIONS 4899.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Default or insolvency - (a) The inability of failure of a financial institution to repay any public funds invested with such financial institution upon demand or at…

5000 GENERAL PROVISIONS 5000.1 The provisions of §490(a)(1) of the D.C. Self-Government and Governmental Reorganization Act of 1973, (D.C. Code §47-334(a)(1)), (the "Act") provide that the Council may by act authorize the issuance of revenue bonds, notes, or other obligations (in…

5001 ELIGIBILITY REQUIREMENTS 5001.1 Applications of exempt persons and non-exempt persons shall establish that the applicant or the facility, as the case may be, complies with the minimum requirements set forth in this section. 5001.2 The acquisition of the facility shall achiev…

5002 ELIGIBLE FACILITIES 5002.1 Applications shall be considered by the Executive Branch only if they relate to issuances of bonds to finance the acquisition of facilities which constitute eligible facilities. 5002.2 Eligible facilities shall be deemed to be facilities which meet…

5003 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is §422 of the Self-Government and Governmental Reorganization Act, as amended, P.L. 93-198, D.C. Code §1-422 (1981), and Mayor's Order 83-145, 30 DCR 3171 (June 24, 1983).

5004 INDUSTRIAL DEVELOPMENT BONDS: REFINANCING LIMITATIONS 5004.1 Notwithstanding the provisions of §5002, no portion of an otherwise eligible facility shall be considered eligible for financing through the issuance of an industrial development bond to the extent that the costs p…

5005 EXEMPT PURPOSE BONDS AND INDUSTRIAL DEVELOPMENT BONDS 5005.1 In reviewing and evaluating applications, the Office of Business and Economic Development (OBED) shall determine whether a proposed bond would constitute an exempt purpose bond or a qualified industrial development…

5006 QUALIFIED INDUSTRIAL DEVELOPMENT BONDS 5006.1 An industrial development bond shall be deemed a qualified industrial development bond if the following requirements are met: (a) The bond is issued to finance an exempt facility, an industrial park, an exempt small-issue facilit…

5007 EXEMPT SMALL ISSUE FACILITIES 5007.1 For purposes of §5006.13, in determining the aggregate authorized face amount of any issue there shall be taken into account the face amount of bonds issued under all prior issues and which are outstanding at the time of the later issue (…

5008 REFUNDINGS 5008.1 In the case of an issue of bonds issued to re-fund one (1) or more outstanding issues of bonds, the proceeds of the refunding issue shall be considered to be used for the purpose(s) for which the proceeds of the issue(s) to be refunded were used. The provis…

5009 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is §422 of the Self-Government and Governmental Reorganization Act, as amended, P.L. 93-198, D.C. Code §1-422 (1981), and Mayor's Order 83-145, 30 DCR 3171 (June 24, 1983).

5010 ARBITRAGE 5010.1 The determination whether a bond is an "arbitrage bond" shall be made in accordance with the provisions of § 103(c) of the Internal Revenue Code and the applicable provisions of the Internal Revenue Regulations, as interpreted and applied by courts of law an…

5011 APPLICATION PROCESS 5011.1 A facility applicant shall complete and submit a formal application requesting an issue of bonds. 5011.2 The Executive Branch shall establish a schedule of fees, which may be changed from time to time to be paid upon the submission of an applicatio…

5012 PROCESSING OF BOND APPLICATIONS PURSUANT TO DISTRICT'S VOLUME CAP 5012.1 Applications for bond financing shall be submitted to the Office of Business and Economic Development (OBED) on or before May 1, 1986, in order to be eligible for priority status pursuant to §5013.2 for…

5013 PRIORITY ALLOCATION OF VOLUME CAP 5013.1 The OBED shall give first priority for purposes of allocation under the District's 1986 Volume Cap to industrial development bond financings for which bond acts have been enacted by the Council and which were awaiting completion of th…

5014 ISSUANCE AND REALLOCATION: VOLUME CAP 5014.1 Industrial development bonds to which any portion of the District's 1986 Volume Cap has been allocated pursuant to §5013.1, shall be issued prior to October 1, 1986. 5014.2 In the event that the bonds described by §5014.1 are not …

5015 COSTS 5015.1 The developer, owner, or applicant, whichever is applicable as determined by the Deputy Mayor for Planning and Economic Development (Deputy Mayor), shall be responsible for all costs incurred by the District with respect to the financing of the facility, includi…

5016 BOND COUNSEL 5016.1 An applicant may be required to consult with bond counsel designated by the District with respect to any phase of the bond issuance process, including, but not limited to, the drafting of the bond act and the bond documents. 5016.2 Bond counsel shall part…

5017 APPLICANT'S STATEMENT AND VALIDITY OF ISSUES 5017.1 Each application shall contain a written statement made under oath and signed by the applicant stating that the factual representations contained in the application are true. 5017.2 False statements in any application made …

5018 GENERAL ADMINISTRATION 5018.1 Any bond considered under this chapter shall comply with applicable registration requirements as provided in §103(j) of the Internal Revenue Code. 5018.2 Each bond act proposed by the Executive Branch shall provide that bonds shall not constitut…

5099 DEFINITIONS 5099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Acquisition - (a) The acquisition, purchase, construction, reconstruction, improvement, renovation, rehabilitation, restoration, remodeling, repair, relocation, eq…

5100 CRITERIA FOR SELECTING QUALIFYING SCHOOLS 5100.1 The Deputy Mayor shall determine which District of Columbia public schools and public charter schools will be presented to the Council for approval as Qualifying Schools. 5100.2 The Revenue Bond-Enterprise Zone Program within …

5199 DEFINITIONS 5199.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Act - the Qualified Zone Academy Revenue Bond Project Forward Commitment Approval Act of 2005, effective October 18, 2005 (D.C. Law 16-28; 52 DCR 8093). Certified b…

5300 GENERAL PROVISIONS 5300.1 The Community Development Corporation (CDC) shall be a non-profit organization incorporated in the District of Columbia pursuant to §501(c) (3). 5300.2 The articles of incorporation for each Community Development Corporation shall state the geograph…

5301 CRITERIA FOR CDCS SEEKING FINANCIAL ASSISTANCE 5301.1 The Community Development Corporation shall document a neighborhood development strategy to include achievable project specific development opportunities appropriate to the area, consistent with the overall planning effor…

5399 DEFINITIONS 5399.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Community Development Corporation - a community-based and community-controlled nonprofit corporation organized under chapter 5 of Title 29 of the D.C. Code, to carr…

5500 GENERAL PROVISIONS 5500.1 The purpose of this chapter is to establish procedures to do the following: (a) Facilitate the establishment of one (1) or more business incubator facilities in the District of Columbia by offering the use of city-owned property, credit support for …

5501 INCUBATOR FACILITY ELIGIBILITY CRITERIA 5501.1 The incubator facility shall house the types of businesses that are compatible and efficient in the use of facilities' services. 5501.2 To the extent possible, the incubator facility shall be geographically located, in areas con…

5502 TENANT ADMISSION CRITERIA 5502.1 Tenant admission into an incubator facility shall be by application on a form to be provided by OBED. 5502.2 In reviewing applications for eligibility, OBED shall place priority, but not limit its review to such factors as size, age and finan…

5503 FACILITY COVENANTS 5503.1 Prior to entering into a lease agreement, prospective tenants of an incubator facility shall do the following: (a) Execute a First Source Employment agreement pursuant to the D.C. Code §1-1163 et seq. (1981); and (b) Contract with the District to ma…

5504 FACILITY SERVICES 5504.1 Selected basic services are included in the lease agreement for each tenant and shall include the following: (a) Space design and lay-out plans; (b) Information center; (c) Conference rooms; (d) Janitorial; (e) Building security; (f) Receptionist; (g…

5505 REPORTING REQUIREMENTS 5505.1 The OBED shall prepare annually a report for HED which shall describe the operations of each business incubator; including, but not limited to, a discussion of the following: (a) The business operation of each tenant; (b) The impact of the produ…

5599 DEFINITIONS 5599.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Advisory Board - the Business Incubator Advisory Board. Council - the Council of the District of Columbia. District - the District of Columbia. HED - the Council Co…

5700 GENERAL PROVISIONS 5700.1 The purpose of this chapter is to establish procedures to provide loans to District of Columbia residents for the following purposes: (a) The acquisition and expansion of District of Columbia businesses; (b) The acquisition of real property in the D…