Title 42 — Real Property.

Within 3 days after the Mayor’s receipt of the transcript of proceedings relating to the issuance of the bonds, the Mayor shall transmit a copy of the transcript to the Secretary to the Council.

This chapter may be referred to as the “Low-Income Housing Preservation and Protections Act of 2002”.

For the purposes of this chapter, the term: (1) “Affordable multifamily housing property” means residential real property consisting of 5 or more dwelling units in which, as the result of use restrictions or other covenants, at least 20% of the dwelling units are occupied by very…

(a) The owner of a federally-assisted housing accommodation who intends not to continue participation in the federal assistance program shall transmit to the Mayor, the Director of the Department of Housing and Community Development, the Director of the Department of Consumer and…

(a) Before an owner of a federally-assisted housing accommodation may sell the housing accommodation, the owner shall provide to the Mayor, and the Mayor shall have, an opportunity to purchase the housing accommodation in the same manner, and with the same rights, as the opportun…

(a) If the owner of a federally-assisted housing accommodation discontinues participation in the federal assistance program, the Mayor shall provide relocation services to the tenants of the housing accommodation. The relocation services shall include ascertaining the relocation …

(a) The monetary assistance provided to an owner of a housing accommodation under section 8 of the United States Housing Act of 1937, either directly or through a tenant, shall be considered the income of the tenant for the purposes of any minimum income qualification for a dwell…

(a) An owner who fails to comply with a requirement of this chapter shall pay a civil fine of no greater than 5 times the costs and damages caused by the noncompliance. (b) All fines collected pursuant to this section shall be paid into the Housing Production Trust Fund establish…

Within 30 days after April 19, 2002, the Mayor shall issue a notice of proposed rulemaking setting forth those census tracts which are preliminarily determined to be qualified areas. The Mayor shall issue a notice of final rulemaking setting forth those census tracts which are de…

For the purposes of this chapter, the term: (1) “Administrative costs” means the costs of the Department to administer, manage, and monitor the low-income housing tax credit program, including personnel costs, whether incurred before or after April 8, 2005. (2) “Department” means…

(a) There is hereby established a lapsing fund known as the Low-Income Housing Tax Credit Fund (“Fund”). All monies received shall be used for the uses and purposes set forth in this chapter, subject to authorization by the Council and Congress. Any unexpended monies in the Fund …

Expired Expired.

(a) There is established as a nonlapsing fund the Department of Housing and Community Development Unified Fund (“Unified Fund”), to be administered by the Department of Housing and Community Development. (b) All funds deposited into the Unified Fund, and any interest earned on th…

For the purposes of this chapter, the term: (1) “Department” means the District of Columbia Department of Public and Assisted Housing Development. (2) “First-time homebuyer” means a purchaser who has no ownership interest in a principal residence at any time during the 3-year per…

(a) The Department shall offer public housing units at a discounted rental rate to Metropolitan police officers. In assigning public housing units, the Department shall establish a priority for Metropolitan police officers who already reside in the District. (b) Notwithstanding a…

All Metropolitan police officers who reside in the District of Columbia shall be eligible to keep in their possession at all times, overnight and off-duty, the official vehicles assigned for patrol purposes. In assigning police vehicles to be taken by police officers while off-du…

(a) The disability of minority of a resident of the District of Columbia who is eligible for guaranty of a loan pursuant to the Servicemen’s Readjustment Act of 1944 (58 Stat. 284) and of a minor spouse of any such resident (when acting jointly with such resident) is hereby remov…

Any building association, building and loan association, or savings and loan association organized and operating under the laws of the District of Columbia is authorized to lend money to veterans of World War II and others upon the security of a first deed of trust or first mortg…

For the purpose of this chapter, the term: (1) “Adverse impact” means the presence of any one or more of the following conditions: (A) Diminished real property value that is related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of co…

(a) Wherever there is reason to believe that a drug-, firearm-, or prostitution-related nuisance exists, the United States Attorney for the District of Columbia, the Corporation Counsel for the District of Columbia, or any community-based organization may file an action in the Su…

Upon request by the Attorney General for the District of Columbia, the United States Attorney for the District of Columbia may provide information related to a drug-, firearm-, or prostitution-related property that has been obtained from a law enforcement agency.

(a) The complaint or an affidavit attached thereto shall describe the adverse impact of the drug-, firearm-, or prostitution-related nuisance upon the surrounding community. (b) The complaint shall contain a description of attempts made by the plaintiff to notify the owner of the…

(a) Upon the filing of a complaint to abate the drug-, firearm-, or prostitution-related nuisance, the court shall hold a hearing on the motion for a preliminary injunction, within 10 business days of the filing of such action. If it appears, by affidavit or otherwise, that there…

If proof of the existence of the drug-, firearm-, or prostitution-related nuisance depends, in whole or in part, upon affidavits of witnesses who are not law enforcement officers, the court in its discretion may issue orders to protect those witnesses, including, but not limited …

A previous conviction of the defendant, or any tenant or owner of the property, shall not be required to demonstrate a drug-, firearm-, or prostitution-related nuisance.

No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the United States Attorney for the District of Columbia or by the Corporation Counsel. Otherwise, the court may require a security bond to issue a preliminary injunction …

The plaintiff must establish that a drug-, firearm-, or prostitution-related nuisance exists by a preponderance of the evidence. Once a reasonable attempt at notice is made pursuant to § 42-3103, the owner of the property shall be presumed to have knowledge of the drug-, firearm-…

In an action brought under this chapter, evidence of general reputation of the property or tenants is admissible for the purpose of proving a drug-, firearm-, or prostitution-related nuisance, and for the purpose of proving the knowledge of the defendant of the nuisance.

(a) If the existence of a drug-, firearm-, or prostitution-related nuisance is found, the court shall enter an order permanently enjoining, abating, and preventing the continuance or recurrence of the nuisance. In order to effectuate fully the equitable remedy of abatement, such …

In addition to equitable relief granted under this chapter, the plaintiff may request, and the court in its discretion may order damages for each day the drug-, firearm-, or prostitution-related nuisance is unabated since the date the defendant first received notice of the drug-,…

(a) There is hereby established a Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia. The assets of the Fund shall not exceed $2 million at any time. The Fund shall consist of damage…

(a) A violation of any court order issued under this chapter is punishable as a contempt of court. (b) Upon finding that a defendant has willfully violated an order issued under this chapter, the court may issue any additional orders necessary to abate the drug-, firearm-, or pro…

This chapter shall be construed liberally in accordance with its remedial purposes. The definition of a drug-, firearm-, or prostitution-related nuisance shall not be subject to any restrictions or limitations upon public or private nuisance actions at common law. This action is …

The provisions of this chapter shall not limit the availability of other remedies under the law or other equitable relief whether or not an adequate remedy exists at law.

(a)(1) Except as provided in paragraph (2) of this subsection, whenever the owner of any real property in the District of Columbia shall fail or refuse, after the service of reasonable notice in the manner provided in § 42-3131.03, to correct any condition which exists on or has …

(a) For the purpose of carrying into effect § 42-3131.01, the Mayor of the District of Columbia and all other persons, including contractors and employees of contractors acting under his authority or by his direction, are authorized to enter upon and into any lands and tenements …

For the purposes of this subchapter, any notice required by law or by any regulation aforesaid to be served shall be deemed to have been served: (1) If delivered to the person to be notified, if sent by electronic mail to the last-known electronic mail address of the person to be…

[Repealed or reserved.]

For the purposes of this subchapter, the term: (a)(1)(A) “Blighted vacant building” means a vacant building that is determined by the Mayor to be unsafe, insanitary, or which is otherwise determined to threaten the health, safety, or general welfare of the community. (B) In makin…

Notice shall be deemed to be served properly on the date when mailed by first class mail to the owner of record of the vacant building at the owner’s mailing address as updated in the real property tax records of the Office of Tax and Revenue. Notice of the initial vacant or blig…

(a) Except as provided in subsections (b) and (c) of this section, the owner of a vacant building shall maintain the building in compliance with the requirements of § 42-3131.12 and, within 30 days after it becomes a vacant building, register the building with the Mayor, and pay …

(a) At the time of application for the initial registration or renewal of registration of a vacant building, the owner shall arrange with the Mayor for the inspection of the building. On receiving an application for the initial registration or renewal of registration of a vacant …

The owner shall be notified in writing of the denial or revocation of registration of a vacant building and the right to appeal. Upon notice of the denial or revocation, the owner shall not proceed with any operation to which the registration related. If the registration is denie…

(a) As provided in § 42-3131.06(a), the owner of a building shall register the building and pay the registration fee within 30 days after it becomes a vacant building, except if the vacant building is owned by the government of the United States or its instrumentalities or by a f…

(a) The failure of the owner of a vacant building to register and pay all required fees under § 42-3131.06(a) or § 42-3131.09 after notice of the designation of the owner’s building as vacant, the determination of delinquency of registration or fee payment, the denial or revocati…

The Mayor shall identify nonregistered vacant buildings in the District, excluding vacant buildings identified in § 42-3131.08, and blighted vacant buildings. The owner shall be notified that the owner’s building has been designated as a vacant building or as a blighted vacant bu…

A building shall be adequately maintained if: (1) Doors, windows, areaways, and other openings are weather-tight and secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, and other openings are covered with 1/2 inch CDX plywood that is wea…

The Mayor may cause to be affixed to the property containing a vacant building required to be registered under this chapter a sign setting forth the name of the owner of each unit and any other pertinent information that the Mayor may require to protect the public health and welf…

(a)(1) Any fees required under § 42-3131.06(a) or § 42-3131.09 that remain unpaid after receipt of the notice under § 42-3131.08 or § 42-3131.11 shall be assessed as a tax against the real property containing the vacant building and shall be subject to § 6-806 and shall constitut…

(a) Within 15 days after the designation of an owner’s building as a vacant building, the determination of delinquency of registration or fee payment, the denial or revocation of registration, or the designation of a vacant building as a blighted vacant building, the owner may pe…