District of Columbia Administrative Code

5701 GENERAL CONDITIONS 5701.1 The District of Columbia Economic Development Finance Corporation shall oversee the Business Purchase Assistance Program. 5701.2 Loan applications shall be analyzed and recommendations made by the Financial Services Division of the Office of Busines…

5702 DESIGNATED NEIGHBORHOOD COMMERCIAL STRIPS 5702.1 The following commercial areas shall be eligible for business or real property acquisition loans under the Business Purchase Assistance Program: (a) Eighteenth Street, N.W. from Florida Avenue to Columbia Road, N.W.; and Colum…

5703 GENERAL LOAN REQUIREMENTS 5703.1 The term of any loan shall not exceed twenty (20) years. 5703.2 Interest rates on loans shall be set on a project-by-project basis and shall take into consideration the projected cash flow of the business during the term of the loan and the p…

5704 CRITERIA FOR BUSINESS ACQUISITION AND EXPANSION LOANS 5704.1 Applications shall be judged on the following factors: (a) The suitability of the proposed business to the neighborhood; (b) Projected ability to meet its obligations and continue as an on-going concern; (c) The nu…

5705 CRITERIA FOR REAL PROPERTY ACQUISITION LOANS 5705.1 The proposed commercial use shall be in compliance with the Zoning Regulations, any applicable Urban Renewal Plan, or the Comprehensive Plan, of which the one exercising the most restrictive use controls shall govern. 5705.…

5799 DEFINITIONS 5799.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Board - the Board of Directors of the District of Columbia Economic Development Finance Corporation. Business acquisition and expansion loan - a loan made to a borr…

5800 SECURITY DEPOSIT ASSISTANCE 5800.1 A Qualified High Technology Company may qualify for security deposit assistance to meet a security deposit required for a lease of real property to be used in the operations of that Qualified High Technology Company. 5800.2 In order to qual…

5801 RESTRICTIONS ON SECURITY DEPOSIT ASSISTANCE 5801.1 No security deposit assistance shall be provided to the applicant if: (a) Other financial assistance meeting the requirements of the applicant is available on reasonable terms from private sources; or (b) Other financial ass…

5802 APPLICATION CONTENT 5802.1 In order to qualify for security deposit assistance, a Qualified High Technology Company must submit an application on forms prescribed by the Mayor. 5802.2 The application must be accompanied by the following information about the applicant and th…

5803 APPLICATION PROCEDURE 5803.1 The application and all supporting materials shall be filed with the Mayor. 5803.2 If an Advisory Panel is established in accordance with section 5811, the Mayor shall transmit a copy of the application and all attachments to the Advisory Panel f…

5804 EXPIRATION OF SECURITY DEPOSIT ASSISTANCE; EXTENSION 5804.1 If security deposit assistance is approved and the applicant fails to utilize the security deposit assistance within 90 days after the applicant's receipt of notification of approval, the approval shall expire. 5804…

5805 COMMITMENTS FOR SECURITY DEPOSIT ASSISTANCE OR BENEFITS 5805.1 In order to satisfy the requirement that certain commitments be made by the applicant as a condition to receiving security deposit assistance, the applicant shall propose to engage in one or any combination of th…

5806 AFFORDABLE FACILITIES LEASE PROGRAM 5806.1 The Mayor may lease real property (or sublease real property which is the subject of a master lease) within the District of Columbia to a Qualified High Technology Company or its sponsor for use in the operation of the Qualified Hig…

5807 DISTRICT-OWNED FACILITIES 5807.1 In the report required by section 303 of the Act, the Mayor shall describe any properties owned or leased by the District of Columbia government and the District of Columbia Public School System that shall be made available for lease or suble…

5808 MINIMUM QUALIFYING REQUIREMENTS FOR LEASE OR SUBLEASE 5808.1 In order to qualify for a lease or sublease, the applicant must demonstrate that it is unable to secure financing for the facility, or a comparable facility, on prevailing commercial terms. 5808.2 The provisions of…

5809 SECURITY FOR OBLIGATIONS 5809.1 The Mayor shall make reasonable provisions to ensure repayment of any security deposit assistance provided to, or the payment of any obligations undertaken by, a Qualified High Technology Company pursuant to the Act or these regulations. 5809.…

5810 SPONSORS OF QUALIFIED HIGH TECHNOLOGY COMPANIES 5810.1 The following entities may serve as the sponsor of a Qualified High Technology Company: (a) A commercial real estate broker; (b) A venture capitalist; (c) A business incubator; (d) A technology company; (e) A commercial …

5811 ADVISORY PANEL 5811.1 The Mayor may establish an Advisory Panel ("Panel") to: (a) Review applications for assistance under the Security Deposit Assistance Program and the Affordable Facilities Lease Program and make a recommendation to the Mayor on whether an application sho…

5900 GENERAL PROGRAM DESCRIPTION The Tax Abatements for New Residential Development Program is intended to provide tax abatements as incentives for the production of new housing downtown and for the production of affordable, mixed-income housing in high-cost areas of the District…

5901 PURPOSES The purpose of these regulations is to implement Title VI of the Housing Act of 2002, effective April 19, 2002 (D.C. Law 14-144; D.C. Official Code §§ 47-857.01 et seq.). SOURCE: Final Rulemaking published at 50 DCR 553 (January 17, 2003).

5902 DEFINITIONS 5902.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: "Act" means the Housing Act of 2002, effective April 19, 2002 (D.C. Law 14-144; D.C. Official Code §§ 47-857.01 et seq.). "Affordable" means the calculation of ren…

5903 REQUIREMENTS FOR TAX ABATEMENTS FOR NEW RESIDENTIAL DEVELOPMENTS 5903.1 As a prerequisite to a property receiving a tax abatement, the provisions of section 5903 of this chapter must be satisfied. No request for certification will be accepted by DMED until the date this chap…

5904 TAX ABATEMENTS FOR ALL NEW HOUSING PROJECTS IN ELIGIBLE AREA # 1 5904.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property in Eligible Area # 1 shall be a…

5905 TAX ABATEMENTS FOR ALL NEW HOUSING PROJECTS IN ELIGIBLE AREA # 2 5905.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 on an eligible property in Eligible Area # 2 shall be al…

5906 TAX ABATEMENTS FOR NEW, MIXED-INCOME HOUSING PROJECTS IN ELIGIBLE AREA # 1 5906.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property in Eligible Area # 1 …

5907 TAX ABATEMENTS FOR NEW, MIXED-INCOME HOUSING PROJECTS IN ELIGIBLE AREA # 2 5907.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property in Eligible Area # 2 …

5908 TAX ABATEMENTS FOR NEW, MIXED-INCOME HOUSING PROJECTS IN ELIGIBLE AREA # 3 5908.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property in Eligible Area # 3 …

5909 TAX ABATEMENTS FOR NEW, VERY MIXED-INCOME HOUSING PROJECTS IN ELIGIBLE AREA # 3 5909.1 Subject to the requirements of section 5903 of this chapter, an abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property in Eligible Area…

5910 ABATEMENT CAPS 5910.1 Caps for Eligible Areas 1, 2, and 3 on the total amount of tax abatements authorized under the Act are as follows: (a) The DMED may approve up to $ 2.5 million in annual tax abatements for Eligible Area # 1; (b) The DMED may approve up to $ 2 million in…

6000 AUTHORITY AND SCOPE 6000.1 The Tax Increment Financing ("TIF") program is administered jointly by the Office of the Chief Financial Officer ("OCFO") and the Office of Deputy Mayor for Planning and Economic Development ("ODMPED"). The TIF program is intended to enhance the fe…

6001 DETERMINATION OF SPECIAL MERITS 6001.1 Except for the determination required of the OCFO pursuant to Section 4(c)(3) of the TIF Act, the designation of Special Merits is within the discretion of the ODMPED. 6001.2 In evaluating whether a Project has Special Merits, ODMPED wi…

6099 DEFINITIONS District - the Government of the District of Columbia. Downtown Area - the Downtown Area, as defined by § 2 of the TIF Act. Project - a private capital improvement project for which tax increment financing is sought. SOURCE: Final Rulemaking published at 53 DCR 7…

6100 PUBLIC PURPOSE OF THE RETAIL INCENTIVE ACT OF 2004 6100.1 The Retail Incentive Act of 2004 (Act) is intended to provide a means to: (1) encourage commercial development in the District of Columbia; (2) expand the tax base through the use of tax increment financing; and (3) p…

6101 ELIGIBLE RETAIL DEVELOPMENT PROJECTS 6101.1 Under the Act, a Retail Development Project is defined as the establishment of a business engaged in direct onsite retail sales to consumers. With respect to the Downtown Retail Priority Area, Retail Development Projects are limite…

6102 APPLICATION OF RULES OF OPERATION 6102.1 The Rules of Operation shall be applied uniformly within the Downtown Retail Priority Area as defined in the Act. 6102.2 The Mayor shall have the authority to suspend and re-institute, from time to time, the designation of TIF Areas i…

6103 DOWNTOWN RETAIL COTNMITTEE 6103.1 The Mayor shall create the Downtown Retail Committee for the Downtown Retail Priority Area for the purpose of evaluating and recommending to the Mayor proposed Retail Development Projects for the Downtown Retail Priority Area as well as the …

6104 RATING SYSTEM FOR RANKING RETAIL DEVELOPMENT PROJECTS FOR DOWNTOWN RETAIL PRIORITY AREA 6104.1 The Application will be scored in conformance with the Rating System as provided in Appendix 2. The Rating System is based on the following objective criteria: (a) Likelihood of Bo…

6105 BOND ALLOCATION FORMULA The Bond Allocation Formula (based upon the Rating System) for determining aggregate principal amount of Bonds to be allocated to a Retail Development Project if approved as a TIF Area, is as follows: Grand Total (reflected on the Rating System) X $2.…

6106 APPLICATION PROCESS 6106.1 Owners of proposed Retail Development Projects within a specified Retail Priority Area (Applicants) shall complete an Application (see Appendix 1). 6106.2 The Application shall include all exhibits and attachments specified in the Application to th…

6107 MAYOR'S APPROVAL AND CERTIFICATION 6106.1 Upon receipt of the recommendation of the Downtown Retail Committee with respect to a Retail Development Project, the Mayor may approve and certify the rating of the Retail Development Project, the designation of the Retail Developme…

6199 DEFINITIONS 6199.1 Terms not otherwise defined herein shall have the meaning set forth in the Act. 6199.2 For purpose of this chapter, the following terms shall have the meaning ascribed. Development agreement - Development Agreement means an agreement between the District a…

B6200 GENERAL PROGRAM DESCRIPTION B6200.1 The NoMA Tax Abatements for New Residential Development Program is intended to provide tax abatements as incentives for the production of new housing in the NoMA area of the District of Columbia. SOURCE: Final Rulemaking published at 57 D…

B6201 PURPOSE B6201.1 The purpose of this chapter is to implement the NoMA Residential Development Tax Abatement Act of 2009 (D.C. Law 18-10; D.C. Official Code §§ 47-859.01 et seq.). SOURCE: Final Rulemaking published at 57 DCR 6122 (July 16, 2010). AUTHORITY: DC-DCMR NoMA Resid…

B6202 REQUIREMENTS FOR TAX ABATEMENTS FOR NEW RESIDENTIAL DEVELOPMENTS B6202.1 As a prerequisite to a property receiving a tax abatement under this chapter, the provisions of this section must be satisfied. B6202.2 A tax abatement under this chapter shall not be allowed for a pro…

B6203 TAX ABATEMENTS FOR ALL NEW HOUSING PROJECTS IN NOMA AREA B6203.1 Subject to the requirements of section B6202 of this chapter, an annual abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 for an eligible property shall be allowed in an amount…

B6204 ABATEMENT CAP B6204.1 DMPED may approve up to five million dollars ($5,000,000) in annual tax abatements for the Eligible Area, up to the fifty million dollars ($50,000,000) cumulative tax abatement cap. SOURCE: Final Rulemaking published at 57 DCR 6122, 6128 (July 16, 2010…

B6299 DEFINITIONS B6299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Act - the NoMA Residential Development Tax Abatement Act of 2009, effective July 7, 2009 (D.C. Law 18-10; D.C. Official Code §§ 47-859.01 et seq.). Certificate o…

6300 PURPOSE; GENERAL PROGRAM DESCRIPTION 6300.1 The purpose of this chapter is to implement the Nonprofit Tax Abatement Act of 2010, effective September 24, 2010 (D.C. Law 18-223 D.C. Official Code §§ 47-857.13, et seq.) (as amended) (NPTA Act). 6300.2 The Nonprofit Tax Abatemen…

6301 TAX ABATEMENTS FOR NONPROFIT ORGANIZATIONS IN ELIGIBLE NONPROFIT ZONES 6301.1 Subject to the requirements of this chapter, an annual abatement of the real property tax imposed pursuant to D.C. Official Code § 47-811 shall be allowed for an eligible real property if office sp…

6302 LIMITATIONS ON ABATEMENT 6302.1 A tax abatement under this chapter shall not be granted: (a) For a project that is financed in any part by the Tax Increment Financing program established by the Tax Increment Financing Authorization Act of 1998, effective September 11, 1998 (…