Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-1105 Investigation by Mayor; summons; production of books, records, etc.; compelling attendance and production; refusal or obstruction of investigation
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Repealed Repealed.
D.C. Code § 42-1106 No recordation until return filed and tax paid; deeds evidencing transfer of economic interest in real property in District
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Repealed Repealed.
D.C. Code § 42-1107 Burden on taxpayer to prove deed exempt from tax
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For the purpose of proper administration of this chapter and to prevent evasion of the tax hereby imposed, it shall be presumed that all deeds are taxable and the burden shall be upon the taxpayer to show that a deed is exempt from tax.
D.C. Code § 42-1108 Deficiencies in tax; notice of determination; protests; hearings; time for payment
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Repealed Repealed.
D.C. Code § 42-1108.01 Enforcement
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This chapter shall be enforced in accordance with the provisions of chapters 41, 42, 43 and 44 of Title 47, including criminal enforcement, imposition or abatement of penalties and interest, administration of this chapter, and collection of taxes imposed hereunder; provided, that…
D.C. Code § 42-1109 When Mayor may compromise tax
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Repealed Repealed.
D.C. Code § 42-1110 When Mayor may compromise tax; written agreement as to tax liability; finality thereof; penalties for certain acts in relation to compromises and agreements; prosecutions
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Repealed Repealed.
D.C. Code § 42-1111 Mayor may compromise penalties and adjust interest
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Repealed Repealed.
D.C. Code § 42-1112 Limitations; assessment or proceeding within 3 years of recordation of deed; exceptions; agreement to extend period; tolling thereof
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Repealed Repealed.
D.C. Code § 42-1113 Administration of oaths and affidavits by Mayor
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Repealed Repealed.
D.C. Code § 42-1114 Appeal from deficiency assessment
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Any person aggrieved by any assessment of a deficiency in tax finally determined by the Mayor under the provisions of § 42-1108 [repealed] may appeal to the Superior Court of the District of Columbia in the same manner and to the same extent as set forth in §§ 47-3303, 47-3304, a…
D.C. Code § 42-1115 Overpayments and refunds thereof
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Repealed Repealed.
D.C. Code § 42-1116 Stamps and other devices as evidence of collection and payment of taxes
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Repealed Repealed.
D.C. Code § 42-1117 Promulgation of rules and regulations by Mayor
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The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter.
D.C. Code § 42-1118 Abatement of taxes due where cost does not warrant collection
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Repealed Repealed.
D.C. Code § 42-1119 Elimination of fractional stamps or devices; payment of tax to nearest dollar
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For the purpose of avoiding, in the case of any stamps or devices employed pursuant to authority of this chapter, the issuance of stamps or the employment of devices representing fractional parts of $1, the Mayor is authorized, in his discretion, to limit the denominations of suc…
D.C. Code § 42-1120 General criminal penalties; prosecutions by Corporation Counsel
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Repealed Repealed.
D.C. Code § 42-1121 Illegal acts relating to stamps and other devices; penalties
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Any person who: (1) With intent to defraud, alters, forges, makes, or counterfeits any stamp, or other device prescribed under authority of this chapter for the collection or payment of any tax imposed by this chapter, or sells, lends, or has in his possession any such altered, f…
D.C. Code § 42-1122 Collected moneys to be deposited in United States Treasury
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All moneys collected under this chapter shall be deposited in the Treasury of the United States to the credit of the General Fund of the District of Columbia; provided, that 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund e…
D.C. Code § 42-1123 Separability clause
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If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
D.C. Code § 42-1124 Appropriations to carry out provisions of chapter
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There are hereby authorized to be appropriated such amounts as may be necessary for the carrying out of the provisions of this chapter, including the use of stamps or other devices for evidencing payment of the tax imposed by this chapter.
D.C. Code § 42-1201 Appointment; duties; residency requirement; mayoral supervision
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Repealed Repealed.
D.C. Code § 42-1202 Purchase of necessary equipment; employment of personnel
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The Recorder of Deeds of the District of Columbia is authorized and empowered to purchase such machines and equipment as he may deem necessary or expedient for the efficient, expeditious, and economical recording of all deeds and other instruments of writing entitled by law to be…
D.C. Code § 42-1203 Deputy Recorder; effect of performance of duties
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Repealed Repealed.
D.C. Code § 42-1204 Second Deputy Recorder; effect of performance of duties
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Repealed Repealed.
D.C. Code § 42-1205 Vacancy in Office of Recorder; Deputy to fill vacancy
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Repealed Repealed.
D.C. Code § 42-1206 Public records to be open for free, public inspection
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All public records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the Recorder of Deeds or in some other public office in the District of Columbia, shall be open to the public for inspect…
D.C. Code § 42-1207 Notice of pendency of action (lis pendens)
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(a) The pendency of an action or proceeding in either state or federal court in the District of Columbia, or in any other state, federal, or territorial court, affecting the title to or tenancy interest in, or asserting a mortgage, lien, security interest, or other ownership inte…
D.C. Code § 42-1208 Purchase of typewriting machines; preference for typewritten records
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(a) The Recorder of Deeds is authorized and empowered to purchase and use in his office, for the recording of deeds and other instruments of writing required by law to be recorded in said office, typewriting machines, to be paid for as appropriations may be made from time to time…
D.C. Code § 42-1209 Certain records to be recopied for preservation; limitation on expense
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That the Recorder of Deeds of the District of Columbia shall recopy such of the records in his office as may, in his judgment and that of a judge of the Superior Court of the District of Columbia appointed for that purpose, need recopying in order to preserve the originals from d…
D.C. Code § 42-1210 Fees of Recorder of Deeds
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(a) The legal fees for the services of the Recorder shall be as follows: (1) For filing, recording, and indexing, or for making certified copy of any instrument containing 200 words or less, $1, and $.20 for each additional 100 words, to be collected at the time of filing, or whe…
D.C. Code § 42-1211 Surcharges
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(a) Notwithstanding any other provision of law, a surcharge of $5 per document shall be paid before any document is accepted for recordation at the Recorder of Deeds. (b) In addition to the funds collected pursuant to subsection (a) of this section, the Recorder of Deeds may acce…
D.C. Code § 42-1212 Fees and emoluments of Recorder of Deeds deposited with Collector of Taxes
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All of the fees and emoluments of the Office of Recorder of Deeds of the District of Columbia shall be paid at least weekly to the Collector of Taxes for the District of Columbia for deposit in the Treasury of the United States to the credit of the District of Columbia.
D.C. Code § 42-1213 Maintenance of office to be included in estimate of District appropriations; appropriations for building, equipment, and supplies authorized
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The annual estimates of appropriations for the government of the District of Columbia shall include estimates of appropriations for the operation and maintenance of the Office of the Recorder of Deeds. And appropriations are hereby authorized for a suitable record building for th…
D.C. Code § 42-1214 Recorder of Deed Automation and Infrastructure Improvement Fund
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(a) Notwithstanding §§ 42-1205 [repealed] and 42-1212, there is established in the Treasury of the District of Columbia a fund to be known as the Recorder of Deeds Automation and Infrastructure Improvement Fund (“Fund”) into which shall be deposited all funds collected pursuant t…
D.C. Code § 42-1215 Recordation of service and discharge certificates; certified copies thereof; recordation of notice or other document relating to federal tax liens; fees
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(a) The Recorder shall also receive for record and record all certificates of service and certificates of discharge of persons released from active duty in or discharge from the armed forces of the United States, for which no fee shall be charged or collected, but the record of a…
D.C. Code § 42-1216 Office closed on Saturdays
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Notwithstanding the provisions of any other act, the Office of the Recorder of Deeds for the District of Columbia shall be closed on every Saturday.
D.C. Code § 42-1217 Extension of time for recordation; Saturday, Sunday, and legal holidays
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Any writing, the time for recording of which expires on a Saturday, or on a Sunday, shall be deemed to have been recorded within the time prescribed if such writing be recorded on the first day thereafter other than Sunday or a legal holiday.
D.C. Code § 42-1218 Authority of Mayor to adjust fees; computation of rates; exception
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(a) Notwithstanding the provisions of §§ 42-1210, 50-1212, and 50-1213, or any other act of Congress, the Mayor of the District of Columbia may, from time to time, increase or decrease the fees authorized to be charged for filing, recording, and indexing or for making a certified…
D.C. Code § 42-1231 Definitions
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For the purposes of this chapter, the term: (1) “Digitized image” means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable. (2) “Document” means information that is: (A)…
D.C. Code § 42-1232 Validity of electronic documents and digitized images
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(a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document or digitized image that satisfies this chapter satisfies the law. (b) If a law requires, as a condition for recordin…
D.C. Code § 42-1233 Recording of documents
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(a) The Recorder of Deeds may receive, index, store, archive, and transmit electronic documents or digitized images. (b) The Recorder of Deeds may provide for access to, and for search and retrieval of, documents and information by electronic means. (c) The Recorder of Deeds, in …
D.C. Code § 42-1234 Uniformity of application and construction
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 42-1235 Relation to electronic signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) or section 104 of the Act, or authorize el…
D.C. Code § 42-1301 Applicability and exceptions
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(a)(1) The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option…
D.C. Code § 42-1302 Written statement; written indication of compliance
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(a) The transferor of any real property described in § 42-1301(a) shall deliver to the prospective transferee a real property disclosure statement on a form to be approved by the Mayor. The written statement shall be signed by the transferor and shall be delivered to the prospect…
D.C. Code § 42-1303 Scope of liability; information prepared by third party
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(a) The transferor is not liable for any error, inaccuracy, or omission in any information delivered pursuant to this chapter if the error, inaccuracy, or omission was not within the actual personal knowledge of the transferor, or was based entirely on information provided by pub…
D.C. Code § 42-1304 Change in conditions after delivery
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If information disclosed in accordance with this chapter becomes inaccurate as a result of any action, occurrence, or agreement after the delivery of the required disclosures, the resulting inaccuracy does not constitute a violation of this chapter. If at the time the disclosures…
D.C. Code § 42-1305 Residential disclosure requirements
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The residential real property disclosure statement approved by the Mayor shall contain the following: (a)(1) A list of actually known defects or information concerning the following: (A) Water and sewer systems; (B) Insulation; (C) Structural systems, including roof, walls, floor…
D.C. Code § 42-1306 Good faith disclosure
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Each disclosure required by this chapter shall be made in good faith. For the purposes of this chapter, “good faith” means honesty in fact in the making of the disclosure.