District of Columbia Administrative Code

6303 APPLICATION 6303.1 To be considered for tax abatement, a qualified nonprofit organization must submit an application to Deputy Mayor for Planning and Economic Development (DMPED), which shall include: (a) A letter of intent for the lease or purchase of eligible office space …

6304 POST-APPLICATION REQUIREMENTS 6304.1 The organization shall submit to Deputy Mayor for Planning and Economic Development (DMPED) a notarized copy of the signed lease or office space sales contract within four (4) months after the date of approval of its application; provided…

6305 AWARD OF TAX ABATEMENT 6305.1 After receiving the documents required under subsection 6304.3, the Deputy Mayor for Planning and Economic Development (DMPED) shall certify the total commercial FAR square footage and, within twenty (20) business days: (a) Issue to the organiza…

6306 ABATEMENT CAPS 6306.1 The total abatement granted under this chapter shall not exceed five hundred thousand dollars ($500,000) per year for Fiscal Years 2011 through 2014. 6306.2 The total amount of real property tax abatement approved per year for Fiscal Years 2011 through …

6399 DEFINITIONS 6399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Anacostia Nonprofit Zone - all real property fronting on: Good Hope Road, S.E. between the Anacostia Freeway and the 18th Street, S.E.; Martin Luther King, Jr. Ave…

6400 GENERAL PROVISIONS 6400.1 The purpose of this chapter is to implement the Tax Abatement for Affordable Housing in High-Need Areas Amendment Act of 2020 (the “Act”), effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 47-859.06), which provides for an abatement …

6401 ABATEMENT CAP AND AVAILABILITY 6401.1 Abatements granted pursuant to this chapter shall be subject to the availability of funding. When funds are available for the purpose of granting the abatements, the total amount of tax abatements awarded to all developments in a given f…

6402 REQUIREMENTS FOR TAX ABATEMENT 6402.1 To be eligible to be granted a tax abatement under this chapter, the following requirements must be satisfied: (a) The real property on which the development is located shall be in an eligible area; (b) At least one third (1/3) of the ho…

6403 APPLICATION; COMPETITIVE PROCESS 6403.1 In order to be considered for the award of a tax abatement under this chapter, a developer shall submit an application to DHCD. The application shall be in such a form and include such information as may be required by DHCD. 6403.2 An …

6404 APPLICATION REVIEW AND RESERVATION PROCESS 6404.1 DHCD shall review each application submitted in accordance with the standards of the competitive process and this chapter. 6404.2 Within thirty (30) business days after receiving an application, DHCD shall review the applicat…

6405 TAX ABATEMENT CERTIFICATION PROCESS 6405.1 If a development meets the milestones listed by DHCD pursuant to subsection 6404.3(c), the developer shall request a tax abatement certification and provide any outstanding information, documents, or attachments, including a copy of…

6406 AFFORDABILITY COVENANT 6406.1 Prior to the issuance of the tax abatement certification by DHCD, the developer shall file an affordability covenant in the land records, which shall be binding on the developer and all of its successors, including assigns in interest with respe…

6407 ONGOING AFFORDABLE HOUSING REQUIREMENTS 6407.1 To continue to be eligible to receive the tax abatement provided by this chapter and the Act: (a) At least one third (1/3) of the housing units in the development shall, for the duration of the tax abatement period, be affordabl…

6408 NONCOMPLIANCE 6408.1 If at any time during the term of the tax abatement DHCD believes that the development has become ineligible for the tax abatement by not complying with the recorded covenant or the abatement agreement or section 6407, DHCD shall notify the developer of …

6499 DEFINITIONS When used in this chapter, the following terms and phrases shall have the meanings ascribed: Act - the Tax Abatements for Affordable Housing in High-Need Areas Amendment Act of 2020, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 47-859.06). Af…

6500 SCOPE 6500.1 This chapter shall govern the following procedures pertaining to economic development zones: (a) The application and certification requirements for economic development zone designations; (b) The application and qualification requirements of real property locate…

6501 APPLICATION FOR TAX INCENTIVES FOR OARS OF REAL PROPERTY 6501.1 To apply for a reduction in real property taxes, special assessments, assessment for failure to abate a nuisance, or water and sewer charges, the owner of improved real property within a designated economic deve…

6502 APPLICATION FOR TAX INCENTIVES FOR BUSINESSES 6502.1 To apply for a credit against the corporate franchise tax, or the unincorporated business franchise tax, the owner of the business shall submit to the Development Zone Administrator the following supporting information: (a…

6503 APPLICATION FOR DESIGNATION OF NEW ECONOMIC DEVELOPMENT ZONES 6503.1 An applicant for designation of a new economic development zone shall submit to the Development Zone Administrator an application form, prescribed by the Development Zone Administrator, including the follow…

6504 CERTIFICATION OF QUALIFICATIONS 6504.1 Within forty-five (45) days of receipt of the application, the Development Zone Administrator shall give an applicant written notice of the Administrator's decision as to whether to recommend that the Mayor seek Council approval of the …

6505 DELAYED APPLICABILITY 6505.1 An abatement of real property taxes authorized by Council Resolution shall become effective for the tax year beginning on July 1st following the date of the issuance of the certificate of occupancy for the qualified real property unless otherwise…

6600 GENERAL PROVISIONS 6600.1 The purpose of this chapter is to implement D.C. Official Code §§ 47-860.01 - .04), which provides for an abatement of the tax imposed by D.C. Official Code § 47-811 on certain real property that is developed with at least ten (10) housing units. 66…

6601 ABATEMENT CAP AND AVAILABILITY 6601.1 Abatements approved pursuant to this chapter shall be subject to the availability of funding. 6601.2 The total amount of tax abatements approved, certified, or restored for all developments shall not exceed: Two million five hundred thou…

6602 REQUIREMENTS FOR TAX ABATEMENT; EXEMPTIONS FROM CERTAIN LAWS 6602.1 For real property to be eligible for a tax abatement under this chapter, the following requirements must be satisfied: The parcel is located in an eligible area; There is a change in use of the parcel, as in…

6603 APPLICATION FOR TAX ABATEMENT 6603.1 In order to be considered for the award of a tax abatement under this chapter, an owner, or its designee or assignee, shall submit an application for its development to DMPED. The application shall be in such form and include such informa…

6604 APPLICATION REVIEW 6604.1 DMPED shall review each application submitted in the order in which it is received. DMPED shall assess each application, and give preference to applications, based on the benefit of the proposed development to the area surrounding the parcel and the…

6605 TAX ABATEMENT CERTIFICATION PROCESS 6605.1 If a development meets the requirements and conditions in the eligibility and reservation letter, the owner may request a tax abatement certification. 6605.2 An owner’s request for a tax abatement certification shall include: A copy…

6606 COVENANT 6606.1 Before DMPED issues a tax abatement certification under § 6605 of this chapter, the owner shall file a covenant in the land records covenanting to comply with the requirements of D.C. Official Code § 47-860.02(a)(2) and (3) and §§ 6608.3 and 6608.4 of this ch…

6607 ONGOING AFFORDABLE HOUSING REQUIREMENTS 6607.1 To continue to be eligible to receive the tax abatement provided by this chapter and D.C. Official Code §§ 47-860.01 - .04, the owner shall: Maintain during the tax abatement period: At least ten percent (10%) of the housing uni…

6608 TOPA EXEMPTION 6608.1 The TOPA exemption shall start on the first day of the applicability of the tax abatement for the real property. 6608.2 The TOPA exemption shall only apply to the first sale of the real property or the development within ten (10) years after the certifi…

6609 NONCOMPLIANCE 6609.1 DMPED shall deem a real property ineligible for the tax abatement if it determines that the owner or the real property fails to meet the conditions in the tax abatement certification, in this chapter, or in the D.C. Official Code §§ 47-860.01 - .04 durin…

6699 DEFINITIONS 6699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Affordable housing unit – a housing unit that is affordable to, and set aside for, households meeting the income limits required by § 6602.1(c) of this chapter. Be…

6900 GENERAL PROVISIONS 6900.1 The purpose of the Community Development Program (CDP) established under D.C. Law 1-39, D.C. Code §5-901 et seq. (1988 Repl. Vol.), is to maintain and develop the District as a viable urban community for persons of low and moderate income by doing t…

6901 ANNUAL COMMUNITY DEVELOPMENT PROGRAM 6901.1 The Mayor shall prepare on an annual basis a CDP pursuant to the requirements of the Act, including notice and hearing requirements. 6901.2 Following submission to and approval of the CDP by the Council, DHCD shall implement the pr…

6902 PUBLIC NOTICE AND APPLICATION SUBMISSION PROCESS 6902.1 The Director, or his or her designee, may provide grants or other forms of assistance to person(s) or other legal entities (including community based organizations) requesting assistance consistent with an approved CDP.…

6903 REVIEW AND APPROVAL OF APPLICATIONS 6903.1 The Director, or his or her designee, shall review each proposal for completeness and compliance with requirements of the solicitation. 6903.2 The Director, or his or her designee, may reject applications which are initially determi…

6904 FUNDING AGREEMENTS AND OTHER REQUIREMENTS 6904.1 All grants or other forms of assistance shall be made pursuant to written agreements and shall be legally binding documents consistent with all requirements of law and regulation prior to the release of any funds by the Distri…

6999 DEFINITIONS 6999.1 When used in this chapter, the following words and phrases shall have the meaning ascribed: Act - the Community Development Act of 1975, D.C. Law 1-39 (D.C. Code §5-901 et seq.) (1988 Repl. Vol.). CDP - the Community Development Program, as defined by D.C.…

100 APPLICABILITY AND AUTHORITY 100.1 These regulations govern implementation of the historic preservation programs of the District of Columbia, including activities conducted pursuant to both District and Federal law. 100.2 These regulations may be cited as the "District of Colu…

101 INTENT AND PURPOSES 101.1 The intent of these regulations is to promote the protection, enhancement, and perpetuation of properties of historical, cultural, and aesthetic merit in the interests of the health, prosperity, and welfare of the people of the District of Columbia. …

102 HISTORIC PRESERVATION AGENCIES, OFFICIALS AND PARTICIPANTS 102.1 District of Columbia historic preservation programs are implemented by the Mayor, State Historic Preservation Officer, and Historic Preservation Review Board. Other District and Federal agencies and officials al…

103 FUNCTIONS OF THE MAYOR 103.1 The Mayor may designate a Mayor's Agent to carry out any or all of the Mayor's responsibilities pursuant to the Historic Protection Act. This authority notwithstanding, some of the Mayor's functions are reserved to the Mayor by statute, or may be …

104 FUNCTIONS OF THE MAYOR'S AGENT 104.1 The Mayor's Agent reviews proposed work affecting historic properties, including demolition, alteration, subdivision, and new construction, in accordance with the applicable provisions of the Historic Protection Act (D.C. Official Code §§ …

105 FUNCTIONS OF THE STATE HISTORIC PRESERVATION OFFICER 105.1 The State Historic Preservation Officer performs the functions and duties authorized or required by the National Historic Preservation Act and other Federal laws and regulations. These functions and duties include: (a…

106 FUNCTIONS OF THE HISTORIC PRESERVATION REVIEW BOARD 106.1 The Board designates and maintains a current inventory of historic landmarks and historic districts, and adopts related procedures (contained in Chapter 2). 106.2 The Board advises the Mayor on the compatibility with t…

107 FUNCTIONS OF THE HISTORIC PRESERVATION OFFICE 107.1 The Historic Preservation Office serves as the professional staff to the Mayor's Agent, State Historic Preservation Officer, and Historic Preservation Review Board. 107.2 The HPO performs customary staff functions as well as…

108 FUNCTIONS OF THE COMMISSION OF FINE ARTS 108.1 The Mayor receives recommendations from the Commission of Fine Arts on referrals for review of proposed demolition, alteration, or new construction pursuant to the Historic Protection Act (D.C. Official Code §§ 6-1104, 6-1105, 6-…

109 FUNCTIONS OF THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS 109.1 The Department of Consumer and Regulatory Affairs (DCRA) accepts and transmits applications to the Mayor's Agent and CFA for review pursuant to the Historic Protection Act (D.C. Official Code §§ 6-1104 throu…

110 PUBLIC PARTICIPATION 110.1 The views of property owners and the general public are essential to informed decisionmaking in the historic preservation process established under the Act. 110.2 Advisory Neighborhood Commissions and historic preservation organizations play a cruci…

200 GENERAL PROVISIONS 200.1 The Review Board shall maintain the D.C. Inventory of Historic Sites, and shall designate historic landmarks and historic districts for inclusion in the Inventory. 200.2 The Act protects historic landmarks and historic districts differently during the…