1 | 1 | | |
---|
2 | 2 | | 1 |
---|
3 | 3 | | |
---|
4 | 4 | | _____________________________ 1 |
---|
5 | 5 | | Councilmember Robert C. White, Jr. Chairman Phil Mendelson 2 |
---|
6 | 6 | | 3 |
---|
7 | 7 | | 4 |
---|
8 | 8 | | 5 |
---|
9 | 9 | | Councilmember Brianne K. Nadeau Councilmember Charles Allen 6 |
---|
10 | 10 | | 7 |
---|
11 | 11 | | 8 |
---|
12 | 12 | | 9 |
---|
13 | 13 | | Councilmember Christina Henderson Councilmember Janeese Lewis George 10 |
---|
14 | 14 | | 11 |
---|
15 | 15 | | 12 |
---|
16 | 16 | | 13 |
---|
17 | 17 | | 14 |
---|
18 | 18 | | A BILL 15 |
---|
19 | 19 | | 16 |
---|
20 | 20 | | 17 |
---|
21 | 21 | | 18 |
---|
22 | 22 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 19 |
---|
23 | 23 | | 20 |
---|
24 | 24 | | 21 |
---|
25 | 25 | | 22 |
---|
26 | 26 | | 23 |
---|
27 | 27 | | To require the Department of Aging and Community Living to create a tangled title information 24 |
---|
28 | 28 | | sheet and to require funeral service providers to give the information sheet to survivors of 25 |
---|
29 | 29 | | a deceased District resident; to amend Title 18 of the District of Columbia Official Code 26 |
---|
30 | 30 | | to allow for the creation of an electronic will registry; to establish a single family home 27 |
---|
31 | 31 | | rehabilitation program; to amend Chapter 8 of Title 47 of District of Columbia Official 28 |
---|
32 | 32 | | Code to establish payment plans for the payment of delinquent real property taxes; to 29 |
---|
33 | 33 | | amend Title 29 of the District of Columbia Official Code to require all commercial 30 |
---|
34 | 34 | | registered agents to accept service of process by electronic mail; to amend Subchapter II 31 |
---|
35 | 35 | | of Chapter 31A of Title 42 and Chapter 12 of Title 47 of the District of Columbia Official 32 |
---|
36 | 36 | | Code to conform the notice process provisions in Subchapter I and amendments to Title 33 |
---|
37 | 37 | | 29; to amend An Act To provide for the abatement of nuisances in the District of 34 |
---|
38 | 38 | | Columbia by the Commissioners of said District, and for other purposes, to amend 35 |
---|
39 | 39 | | definitions, factors for establishing vacancy or blight, and exemptions from registration, 36 |
---|
40 | 40 | | to require the submission of vacant building maintenance plans, and to allow the Mayor 37 |
---|
41 | 41 | | to petition the Superior Court of the District of Columbia for vacant property receivership 38 |
---|
42 | 42 | | actions; to amend the Construction Codes Approval and Amendments Act of 1986 to 39 |
---|
43 | 43 | | require the Department of Buildings to establish an expedited permit review process for 40 |
---|
44 | 44 | | certain construction and building permits for Class 3 and 4 properties; to amend Section 41 |
---|
45 | 45 | | 47-812 of the District of Columbia Official Code to establish new tax rates for Class 3 42 |
---|
46 | 46 | | and 4 properties; to amend Chapter 13A of Title 47 of the District of Columbia Official 43 |
---|
47 | 47 | | Code to establish a new process for tax sales of Class 3 and 4 properties; and to amend 44 |
---|
48 | 48 | | Title 47 of the District of Columbia Official Code to establish a tax credit for the 45 |
---|
49 | 49 | | renovation or rehabilitation of Class 3 or 4 properties and to establish a tax abatement for 46 |
---|
50 | 50 | | 2 |
---|
51 | 51 | | |
---|
52 | 52 | | the renovation or rehabilitation of Class 3 or 4 properties that are used for commercial 47 |
---|
53 | 53 | | purposes. 48 |
---|
54 | 54 | | 49 |
---|
55 | 55 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 50 |
---|
56 | 56 | | act may be cited as the “Vacant to Vibrant to Amendment Act of 2025”. 51 |
---|
57 | 57 | | TABLE OF CONTENTS 52 |
---|
58 | 58 | | TITLE I. PREVENTION OF VACANT AND BLIGHTED PROPERTIES. ......................... 2 53 |
---|
59 | 59 | | SUBTITLE A. TANGLED TITLE INFORMATION SHEET. ........................................... 2 54 |
---|
60 | 60 | | SUBTITLE B. ELECTRONIC WILL REGISTRY. ............................................................ 3 55 |
---|
61 | 61 | | SUBTITLE C. SINGLE FAMILY HOME REHABILITATION PROGRAM................. 5 56 |
---|
62 | 62 | | SUBTITLE D. REAL PROPERTY TAX PAYMENT PLANS............................................ 7 57 |
---|
63 | 63 | | TITLE II. SERVICE OF PROCESS REFORMS................................................................... 16 58 |
---|
64 | 64 | | TITLE III. VACANT AND BLIGHTED PROPERTY REGISTRATION 59 |
---|
65 | 65 | | IMPROVEMENTS..................................................................................................................... 18 60 |
---|
66 | 66 | | TITLE IV. VACANT AND BLIGHTED PROPERTY INCENTIVES AND TAXES........... 46 61 |
---|
67 | 67 | | SUBTITLE A. EXPEDITED PERMIT REVIEW FOR VACANT AND BLIGHTED 62 |
---|
68 | 68 | | PROPERTIES........................................................................................................................ 46 63 |
---|
69 | 69 | | SUBTITLE B. VACANT AND BLIGHTED PROPERTY TAX RATES.......................... 47 64 |
---|
70 | 70 | | SUBTITLE C. TAX SALE PROCEDURE FOR VACANT AND BLIGHTED 65 |
---|
71 | 71 | | PROPERTIES........................................................................................................................ 48 66 |
---|
72 | 72 | | SUBTITLE D. VACANT AND BLIGHTED HOME REVITALIZATION TAX 67 |
---|
73 | 73 | | CREDIT.................................................................................................................................. 56 68 |
---|
74 | 74 | | SUBTITLE E. TAX ABATEMENT FOR THE REDEVELOPMENT OF VACANT AND 69 |
---|
75 | 75 | | BLIGHTED COMMERCIAL PROPERTIES.................................................................... 59 70 |
---|
76 | 76 | | TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE....................................... 65 71 |
---|
77 | 77 | | 3 |
---|
78 | 78 | | |
---|
79 | 79 | | TITLE I. PREVENTION OF VACANT AND BLIGHTED PROPERTIES. 72 |
---|
80 | 80 | | SUBTITLE A. TANGLED TITLE INFORMATION SHEET . 73 |
---|
81 | 81 | | Section 102. Definitions. 74 |
---|
82 | 82 | | For purposes of this section, the term: 75 |
---|
83 | 83 | | (1) “Department” means the Department of Aging and Community Living. 76 |
---|
84 | 84 | | (2) “Funeral services establishment” shall have the meaning as § 3–402(11). 77 |
---|
85 | 85 | | (3) “Survivor of the deceased” means a spouse, child, or companion of the 78 |
---|
86 | 86 | | deceased with whom funeral services are being arranged. 79 |
---|
87 | 87 | | Sec. 103. Tangled Title disclosure. 80 |
---|
88 | 88 | | (a) Within 180 days of the effective date of the Vacant to Vibrant Amendment Act of 81 |
---|
89 | 89 | | 2024, the Department shall, in consultation with the Department of Housing and Community 82 |
---|
90 | 90 | | Development and the Superior Court of the District of Columbia, create and make publicly 83 |
---|
91 | 91 | | available a tangled title information sheet detailing the steps necessary for an heir or heirs, after 84 |
---|
92 | 92 | | the death of a title property owner, to legally transfer the property to avoid a tangled title. The 85 |
---|
93 | 93 | | information sheet shall also include information on legal service providers who offer low-cost or 86 |
---|
94 | 94 | | no-cost services for probate, estate, and trust administration. 87 |
---|
95 | 95 | | (b) No later than five days after the final disposition of the deceased, a funeral service 88 |
---|
96 | 96 | | establishment shall provide the tangled title information sheet made available by the Department 89 |
---|
97 | 97 | | to survivors of the deceased. 90 |
---|
98 | 98 | | 91 |
---|
99 | 99 | | SUBTITLE B. ELECTRONIC WILL REGISTRY. 92 |
---|
100 | 100 | | Sec. 104. Title 18 of the District of Columbia Official Code is amended as follows: 93 |
---|
101 | 101 | | (a) The table of contents is amended by adding a new chapter 10 to read as follows: 94 |
---|
102 | 102 | | 4 |
---|
103 | 103 | | |
---|
104 | 104 | | “Chapter 10. Register of wills. 95 |
---|
105 | 105 | | “§ 18-1001. Electronic register of wills.”. 96 |
---|
106 | 106 | | (b) A new chapter 10 is added to read as follows: 97 |
---|
107 | 107 | | “§ 18-1001. Electronic register of wills. 98 |
---|
108 | 108 | | “(a) An electronic will that meets the requirements of the Uniform Electronic Wills Act 99 |
---|
109 | 109 | | (D.C. Official Code § 18-901 et seq.) may be deposited by a testator, or by the testator’s agent, 100 |
---|
110 | 110 | | with the Register of Wills to be safely kept until delivered or disposed of as hereinafter provided. 101 |
---|
111 | 111 | | “(b)(1) The will shall be deposited electronically and in a manner which would track any 102 |
---|
112 | 112 | | viewing or modification after deposit of the will. 103 |
---|
113 | 113 | | “(2) The will is not to be delivered or opened except as provided in this section. 104 |
---|
114 | 114 | | “(3) Upon payment of the required fee, the Register of Wills shall give a receipt to 105 |
---|
115 | 115 | | the testator or testator’s agent. 106 |
---|
116 | 116 | | “(c) The Register of Wills shall retain a permanent copy of an electronic will and a copy 107 |
---|
117 | 117 | | of any other document associated with the will, in paper, photographic, magnetic, mechanical, 108 |
---|
118 | 118 | | electronic, digital, or any other medium if the copy is maintained in a manner that: 109 |
---|
119 | 119 | | “(1) Is clear and legible; 110 |
---|
120 | 120 | | “(2) Accurately reproduces the original document in its entirety, including any 111 |
---|
121 | 121 | | attachments to the document; 112 |
---|
122 | 122 | | “(3) Is capable of producing a clear and legible hard copy of the original 113 |
---|
123 | 123 | | document; and 114 |
---|
124 | 124 | | “(4) Preserves evidence of any signature contained on the document. 115 |
---|
125 | 125 | | “(d) During the lifetime of the testator, a deposited will may be delivered only to the 116 |
---|
126 | 126 | | testator, or to a person authorized by the testator in writing to receive it. 117 |
---|
127 | 127 | | 5 |
---|
128 | 128 | | |
---|
129 | 129 | | “(e)(1) The will shall be opened by the Register of Wills after being informed of the death 118 |
---|
130 | 130 | | of the testator. 119 |
---|
131 | 131 | | “(2) The Register of Wills shall notify the personal representative named in the 120 |
---|
132 | 132 | | will that the will is on deposit with the Register of Wills. 121 |
---|
133 | 133 | | “(3) The will shall be retained by the Register of Wills as a deposited will until 122 |
---|
134 | 134 | | offered for probate. 123 |
---|
135 | 135 | | “(4) If the proper venue for the probate of the will is in another court, the will 124 |
---|
136 | 136 | | shall be transmitted to such Court; provided, that before such transmission a true copy thereof 125 |
---|
137 | 137 | | shall be made and retained in the Court in which the will was deposited. 126 |
---|
138 | 138 | | “(f) The Register of Wills shall develop procedures for a testator or testator’s agent to 127 |
---|
139 | 139 | | withdraw and/or replace a registered will during the lifetime of the testator.”. 128 |
---|
140 | 140 | | SUBTITLE C. SINGLE FAMILY HOME REHABILITATION PROGRAM. 129 |
---|
141 | 141 | | Sec. 106. Definitions. 130 |
---|
142 | 142 | | (a) For purposes of this section, the term: 131 |
---|
143 | 143 | | (1) “Department” means the Department of Housing and Community 132 |
---|
144 | 144 | | Development. 133 |
---|
145 | 145 | | (2) “Eligible homeowner” means an owner (or owners) who: 134 |
---|
146 | 146 | | (A) Own a single-family residential property; 135 |
---|
147 | 147 | | (B) Whose household income is 120% of median family income or less; 136 |
---|
148 | 148 | | (C) Has resided in the single-family residential property as a primary 137 |
---|
149 | 149 | | residence for at least 3 years; 138 |
---|
150 | 150 | | (D) Is current on all mortgage payments for the last 12 months; 139 |
---|
151 | 151 | | (E) Is current on all District and federal taxes; and 140 |
---|
152 | 152 | | 6 |
---|
153 | 153 | | |
---|
154 | 154 | | (E) Possesses current homeowners insurance. 141 |
---|
155 | 155 | | (3) “Median family income” means the median family income for a household in 142 |
---|
156 | 156 | | the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by 143 |
---|
157 | 157 | | the United States Department of Housing and Urban Development, adjusted for family size 144 |
---|
158 | 158 | | without regard to any adjustments made by the United States Department of Housing and Urban 145 |
---|
159 | 159 | | Development for the purposes of the programs it administers. 146 |
---|
160 | 160 | | (4) “Single-family residential property” shall have the same meaning as § 47–147 |
---|
161 | 161 | | 803(6). 148 |
---|
162 | 162 | | Sec. 107. Single-family home rehabilitation program. 149 |
---|
163 | 163 | | (b) The Department may offer grants of up to $60,000 to an eligible homeowner to pay 150 |
---|
164 | 164 | | for the following: 151 |
---|
165 | 165 | | (1) Accessibility modifications to adjust physical barriers within the property for a 152 |
---|
166 | 166 | | person with limited mobility or other physical impairments; 153 |
---|
167 | 167 | | (2) Repairs or replacement of the roof; or 154 |
---|
168 | 168 | | (3) Repairs to the foundation, structurally significant damaged wood or other 155 |
---|
169 | 169 | | materials; or 156 |
---|
170 | 170 | | (4) Significant repairs to electrical, plumbing or heating and cooling systems. 157 |
---|
171 | 171 | | (c)(1) The Department shall work with qualifying applicants to develop a scope of work, 158 |
---|
172 | 172 | | select a licensed and certified contractor, and manage the construction. 159 |
---|
173 | 173 | | (2) Any payments to contractors shall be made by the Department on behalf of the 160 |
---|
174 | 174 | | eligible homeowner. 161 |
---|
175 | 175 | | (d) The Mayor may issue rules to implement the provisions of this section in accordance 162 |
---|
176 | 176 | | with subchapter I of Chapter 5 of Title 2. 163 |
---|
177 | 177 | | 7 |
---|
178 | 178 | | |
---|
179 | 179 | | SUBTITLE D. REAL PROPERTY TAX PAYMENT PLANS. 164 |
---|
180 | 180 | | Sec. 108. Title 47 is amended as follows: 165 |
---|
181 | 181 | | (a) Chapter 8 is amended as follows: 166 |
---|
182 | 182 | | (1) The table of contents is amended by adding a new section designation to read 167 |
---|
183 | 183 | | as follows: 168 |
---|
184 | 184 | | “47-870. Real property tax payment plans.”. 169 |
---|
185 | 185 | | (2) A new section 47-870 is added to read as follows: 170 |
---|
186 | 186 | | “§ 47-870. Real property tax payment plans. 171 |
---|
187 | 187 | | “(a) For purposes of this section, the term: 172 |
---|
188 | 188 | | “(1) “Eligible homeowner” means an owner (or owners): 173 |
---|
189 | 189 | | “(A) Who receives the homestead deduction pursuant to § 47-850; and 174 |
---|
190 | 190 | | “(i) Can demonstrate hardship; or 175 |
---|
191 | 191 | | “(ii) Is 65 years of age or older. 176 |
---|
192 | 192 | | “(2) “Tax liabilities” means both property real property taxes which are 177 |
---|
193 | 193 | | delinquent and real property taxes which are currently due but not yet delinquent. Tax Liabilities 178 |
---|
194 | 194 | | do not include: 179 |
---|
195 | 195 | | “(A) Amounts, which may have been previously sold at a tax sale; 180 |
---|
196 | 196 | | “(B) Business improvement district (BID) taxes; 181 |
---|
197 | 197 | | “(C) Tax Increment Financing (TIF) payments; 182 |
---|
198 | 198 | | “(D) Payments In Lieu of Taxes (PILOTs); 183 |
---|
199 | 199 | | “(E) Southeast Water and Sewer (SEWS) assessments; 184 |
---|
200 | 200 | | “(F) Special Energy Assessment assessments; or 185 |
---|
201 | 201 | | “(G) Amounts certified by external agencies pursuant to § 47-1340. 186 |
---|
202 | 202 | | 8 |
---|
203 | 203 | | |
---|
204 | 204 | | “(b) Real property tax payment plans with eligible homeowners are authorized for all 187 |
---|
205 | 205 | | amounts due on real property tax liabilities subject to the following terms and conditions: 188 |
---|
206 | 206 | | “(1) Eligibility for a real property tax payment plan shall require a showing of 189 |
---|
207 | 207 | | financial hardship or inability to pay based on individual circumstances. 190 |
---|
208 | 208 | | “(2) Real property tax payment plans shall be computed on a 12-month basis. Tax 191 |
---|
209 | 209 | | Liabilities are to be paid in equal installments over that 12-month period; 192 |
---|
210 | 210 | | “(A) No down payment shall be required; 193 |
---|
211 | 211 | | “(B) Payments shall be made by direct ACH debit from the eligible 194 |
---|
212 | 212 | | homeowner’s bank account to the District. If there are insufficient funds for the debit, the eligible 195 |
---|
213 | 213 | | homeowner shall also be liable for a fee imposed by the District for the dishonored payment; 196 |
---|
214 | 214 | | “(C) An eligible homeowner cannot have more than one payment plan 197 |
---|
215 | 215 | | active at a time; 198 |
---|
216 | 216 | | “(D) An eligible homeowner cannot apply for a payment plan for periods 199 |
---|
217 | 217 | | covered under a payment plan that he or she previously defaulted on; 200 |
---|
218 | 218 | | “(E) If there is a reclassification of a property, a homestead or 201 |
---|
219 | 219 | | senior/disabled audit, or the granting of tax relief applications during the term of a payment plan, 202 |
---|
220 | 220 | | the existing payment plan shall terminate, and the eligible homeowner can reapply for the same 203 |
---|
221 | 221 | | periods; and 204 |
---|
222 | 222 | | “(F) Property will not be sold at a tax sale during the time a payment plan 205 |
---|
223 | 223 | | is active. 206 |
---|
224 | 224 | | “(3) While enrolled in a payment plan, an eligible homeowner shall remain 207 |
---|
225 | 225 | | current on real property taxes that come due. 208 |
---|
226 | 226 | | 9 |
---|
227 | 227 | | |
---|
228 | 228 | | “(4)(A) An eligible homeowner may be declared in material breach of a real 209 |
---|
229 | 229 | | property payment plan if he or she fails to make the required payments; provided, that a material 210 |
---|
230 | 230 | | breach may not be declared earlier than the sixty-fifth day from the agreed upon due date and the 211 |
---|
231 | 231 | | forty-fifth day from the mailing of a notice of risk of material breach. 212 |
---|
232 | 232 | | “(B) An eligible homeowner who has been declared in material breach of a 213 |
---|
233 | 233 | | payment plan may have his or her payment plan reinstated if he or she pays a lump sum equal to 214 |
---|
234 | 234 | | as much as twice the regular monthly payment due together with the missed payments as well as 215 |
---|
235 | 235 | | any payments currently due. 216 |
---|
236 | 236 | | “(5) An eligible homeowner may be declared in default if he or she has failed to 217 |
---|
237 | 237 | | cure a material breach within 45 days of the date the eligible homeowner is declared in material 218 |
---|
238 | 238 | | breach. If an eligible homeowner is declared in default of a payment plan, such plan shall be null 219 |
---|
239 | 239 | | and void. 220 |
---|
240 | 240 | | “(c) Requests for property tax payment plans entered into pursuant to this section shall 221 |
---|
241 | 241 | | made online at MyTaxDC.gov. A payment plan agreement confirmation shall be provided to the 222 |
---|
242 | 242 | | eligible homeowner and shall contain the following: 223 |
---|
243 | 243 | | “(1) The monthly payment amount; 224 |
---|
244 | 244 | | “(2) The past due date; 225 |
---|
245 | 245 | | “(3) The length of the plan, including the number of payments; 226 |
---|
246 | 246 | | “(4) The total amount agreed due under the plan; 227 |
---|
247 | 247 | | “(5) A statement of the delinquent tax periods covered by the plan as well as an 228 |
---|
248 | 248 | | itemized statement of the amounts due for each period specifying the amount due for principal, 229 |
---|
249 | 249 | | interest, penalties, and any other charges or fees; 230 |
---|
250 | 250 | | 10 |
---|
251 | 251 | | |
---|
252 | 252 | | “(6) A statement that the eligible homeowner is required to remain current on real 231 |
---|
253 | 253 | | property taxes during the length of the agreement, as well as an explanation of how current 232 |
---|
254 | 254 | | payments should be tendered in order to avoid misapplication of payments to delinquent taxes. 233 |
---|
255 | 255 | | “(7) A brief explanation of how payments will be applied to the delinquency; 234 |
---|
256 | 256 | | “(8) A brief explanation of the consequences of breach and default on the payment 235 |
---|
257 | 257 | | plan; and 236 |
---|
258 | 258 | | “(9) A statement that payments are to be remitted to the District electronically by 237 |
---|
259 | 259 | | direct debit, and that the payments will be withdrawn from the eligible homeowner’s account on 238 |
---|
260 | 260 | | the monthly payment due date. If there are insufficient funds for the debit, the eligible 239 |
---|
261 | 261 | | homeowner shall also be liable for a fee imposed by the District for the dishonored payment. 240 |
---|
262 | 262 | | “(d)(1) If an eligible homeowner fails to make a required payment within 20 days of an 241 |
---|
263 | 263 | | agreed-upon payment due date, a notice of risk of material breach shall be sent to the eligible 242 |
---|
264 | 264 | | homeowner. The notice shall include a statement that the eligible homeowner is at risk of 243 |
---|
265 | 265 | | material breach, the entire amount required to cure the missed payment(s) as well as any 244 |
---|
266 | 266 | | payments currently due, and a brief description of the consequences of a material breach. 245 |
---|
267 | 267 | | “(2) If an eligible homeowner is declared in material breach of a payment plan, a 246 |
---|
268 | 268 | | notice of material breach shall be sent to the eligible homeowner that includes a clear statement 247 |
---|
269 | 269 | | that he or she has been declared in material breach, the date on which the material breach was 248 |
---|
270 | 270 | | declared, the entire amount required to cure the missed payments as well as any payments 249 |
---|
271 | 271 | | currently due and lump sum payments that may be required, and a clear statement that failure to 250 |
---|
272 | 272 | | make the required payment will result in default.”. 251 |
---|
273 | 273 | | (b) Section 47-1341 is amended as follows: 252 |
---|
274 | 274 | | (1) Subsection (a)(2) is amended to read as follows: 253 |
---|
275 | 275 | | 11 |
---|
276 | 276 | | |
---|
277 | 277 | | “(2) The notice required pursuant to paragraph (1) of this subsection shall be in 254 |
---|
278 | 278 | | substantively the following form and may include a payment coupon or enclosed bill: 255 |
---|
279 | 279 | | “THIS IS A NOTICE OF DELINQUENCY FAILURE TO PAY TAXES WILL HAVE SERIOUS 256 |
---|
280 | 280 | | CONSEQUENCES WHICH MAY INCLUDE LOSS OF TITLE TO THE PROPERTY 257 |
---|
281 | 281 | | “Subject Property: [Identify by taxation square, suffix, and lot number, or parcel and lot number, 258 |
---|
282 | 282 | | and by premises address, the real property to be sold] 259 |
---|
283 | 283 | | “TO AVOID TAX SALE YOU MUST PAY $ [Amount Subject to Sale] by May 31, 20__. 260 |
---|
284 | 284 | | “The amount that you must pay to avoid the tax sale may be less than the total amount owed on 261 |
---|
285 | 285 | | the real property account. This amount may include fees or fines due to other DC agencies that 262 |
---|
286 | 286 | | have been certified to the Office of Tax and Revenue to be included in a tax sale pursuant to D.C. 263 |
---|
287 | 287 | | Code § 47-1340. 264 |
---|
288 | 288 | | “According to the Mayor’s tax roll, you own or may have an interest in the real property listed 265 |
---|
289 | 289 | | above. Notice is given that unless you pay the amount stated above or fall within one of the 266 |
---|
290 | 290 | | limited exemptions from the tax sale, the Office of Tax and Revenue may sell this real property 267 |
---|
291 | 291 | | at tax sale. 268 |
---|
292 | 292 | | “If the property is sold at tax sale, the purchaser may have the right to file a lawsuit to foreclose 269 |
---|
293 | 293 | | on the property. You must act now to avoid additional costs and significant expenses, as well as 270 |
---|
294 | 294 | | potential loss of title to the property. 271 |
---|
295 | 295 | | “Payment to the “DC Treasurer” may be made online at MyTaxDC.gov or at a mailed (with 272 |
---|
296 | 296 | | payment coupon from tax bill) to the Office of Tax and Revenue, DC Government Real Property 273 |
---|
297 | 297 | | Taxes, P.O. Box 718095, Philadelphia, PA 19171-8095 (please write your square, suffix and lot 274 |
---|
298 | 298 | | numbers on the check). You should keep a copy of your proof of payment in case there is a later 275 |
---|
299 | 299 | | dispute about the payment. 276 |
---|
300 | 300 | | 12 |
---|
301 | 301 | | |
---|
302 | 302 | | “If payment is not made before May 31, 20__, the amount listed on this notice may no longer be 277 |
---|
303 | 303 | | accurate. In that case, you must contact the Office of Tax and Revenue at ______ to obtain an 278 |
---|
304 | 304 | | updated payoff amount. 279 |
---|
305 | 305 | | “YOU MAY BE ELIGIBLE FOR ASSISTANCE, INCLUDING A HARDSHIP 280 |
---|
306 | 306 | | FORBEARANCE, A REAL PROPERTY TAX PAYMENT PLAN, OR FREE LEGAL 281 |
---|
307 | 307 | | SERVICES. PLEASE SEE THE NEXT PAGE FOR ADDITIONAL INFORMATION. 282 |
---|
308 | 308 | | “Should you have additional questions, please call the Customer Service Center for the Office of 283 |
---|
309 | 309 | | Tax and Revenue at (202) 727-4TAX (4829). 284 |
---|
310 | 310 | | “RESOURCES FOR REAL PROPERTY TAXPAYERS IN THE DISTRICT OF COLUMBIA 285 |
---|
311 | 311 | | “Real Property Tax Ombudsman. Homeowners and other interested parties may be eligible for 286 |
---|
312 | 312 | | assistance from the Real Property Tax Ombudsman. If you need assistance with a tax sale or 287 |
---|
313 | 313 | | related property tax matters, contact the Real Property Tax Ombudsman at ___________. 288 |
---|
314 | 314 | | “Classification Disputes. If your real property is classified as vacant or blighted and you believe 289 |
---|
315 | 315 | | this classification is incorrect, contact the Vacant Building Enforcement Unit of the Department 290 |
---|
316 | 316 | | of Buildings at ______ for information on how to appeal the property classification. 291 |
---|
317 | 317 | | “Hardship Forbearance. You may be eligible to defer, or postpone, payment of the past due 292 |
---|
318 | 318 | | amount. For information on how to apply for this deferral, please contact the Office of Tax and 293 |
---|
319 | 319 | | Revenue at ___________. 294 |
---|
320 | 320 | | “Senior Citizen and Low-Income Tax Relief. Senior citizens and low-income households may 295 |
---|
321 | 321 | | have additional rights to defer property taxes. If you think you may be eligible for this tax relief, 296 |
---|
322 | 322 | | please contact the Office of Tax and Revenue at _______ for more information. 297 |
---|
323 | 323 | | 13 |
---|
324 | 324 | | |
---|
325 | 325 | | “Additional Legal Services. Free and reduced-cost legal services may be available to low- and 298 |
---|
326 | 326 | | moderate-income households. You can get a list of service providers from the Real Property Tax 299 |
---|
327 | 327 | | Ombudsman (above). 300 |
---|
328 | 328 | | “Housing Counseling Services. The U.S. Department of Housing and Urban Development 301 |
---|
329 | 329 | | (“HUD”) sponsors housing counseling agencies throughout the country that can provide advice 302 |
---|
330 | 330 | | on buying a home, renting, defaults, foreclosures, and credit issues. You can get a list of HUD-303 |
---|
331 | 331 | | approved housing counseling agencies from the Real Property Tax Ombudsman (above).”. 304 |
---|
332 | 332 | | (2) Subsection (b-1)(2) is amended to read as follows: 305 |
---|
333 | 333 | | “(2) The notice required pursuant to paragraph (1) of this subsection shall be in 306 |
---|
334 | 334 | | substantively the following form, and may include a payment coupon or enclosed bill: 307 |
---|
335 | 335 | | “THIS IS A NOTICE OF DELINQUENCY. FAILURE TO PAY TAXES IMMEDIATELY MAY 308 |
---|
336 | 336 | | HAVE SERIOUS CONSEQUENCES WHICH MAY INCLUDE LOSS OF TITLE TO THE 309 |
---|
337 | 337 | | PROPERTY 310 |
---|
338 | 338 | | “Subject Property: [Identify by taxation square, suffix, and lot number, or parcel and lot number, 311 |
---|
339 | 339 | | and by premises address, the real property to be sold] 312 |
---|
340 | 340 | | “TO AVOID TAX SALE YOU MUST PAY $[Amount Subject to Sale] by [Last Business Day 313 |
---|
341 | 341 | | before tax sale] 314 |
---|
342 | 342 | | “The amount that you must pay to avoid the tax sale may be less than the total amount owed on 315 |
---|
343 | 343 | | the real property account. This amount may include fees or fines due to other DC agencies that 316 |
---|
344 | 344 | | have been certified to the Office of Tax and Revenue to be included in a tax sale pursuant to D.C. 317 |
---|
345 | 345 | | Code § 47-1340. 318 |
---|
346 | 346 | | “According to the Mayor’s tax roll, you own or may have an interest in the real property listed 319 |
---|
347 | 347 | | above. Notice is given that unless you pay the amount stated above or fall within one of the 320 |
---|
348 | 348 | | 14 |
---|
349 | 349 | | |
---|
350 | 350 | | limited exemptions from the tax sale, the Office of Tax and Revenue may sell this real property 321 |
---|
351 | 351 | | at tax sale. 322 |
---|
352 | 352 | | “If the property is sold at tax sale, the purchaser may have the right to file a lawsuit to foreclose 323 |
---|
353 | 353 | | on the property. You must act now to avoid additional costs and significant expenses, as well as 324 |
---|
354 | 354 | | potential loss of title to the property. 325 |
---|
355 | 355 | | “Payment to the “DC Treasurer” may be made online at MyTaxDC.gov or at a mailed (with 326 |
---|
356 | 356 | | payment coupon from tax bill) to the Office of Tax and Revenue, DC Government Real Property 327 |
---|
357 | 357 | | Taxes, P.O. Box 718095, Philadelphia, PA 19171-8095 (please write your square, suffix and lot 328 |
---|
358 | 358 | | numbers on the check). You should keep a copy of your proof of payment in case there is a later 329 |
---|
359 | 359 | | dispute about the payment. 330 |
---|
360 | 360 | | “If payment is made less than 10 calendar days before [the last business day before tax sale], you 331 |
---|
361 | 361 | | must provide a copy of the receipt directly to the Office of Tax and Revenue in order to ensure 332 |
---|
362 | 362 | | that your property is removed from the tax sale. 333 |
---|
363 | 363 | | “You may FAX the receipt to (202) 478-5995; EMAIL the receipt to [email address]; or HAND-334 |
---|
364 | 364 | | DELIVER a copy of the paid receipt to a Tax Sale Unit representative in the Customer Service 335 |
---|
365 | 365 | | Center located at 1101 4th Street, SW, Suite 270W, Washington, DC 20024. 336 |
---|
366 | 366 | | “Do not mail your paid receipt. 337 |
---|
367 | 367 | | “YOU MAY BE ELIGIBLE FOR ASSISTANCE, INCLUDING A HARDSHIP 338 |
---|
368 | 368 | | FORBEARANCE, A REAL PROPERTY TAX PAYMENT PLAN, OR FREE LEGAL 339 |
---|
369 | 369 | | SERVICES. PLEASE SEE THE NEXT PAGE FOR ADDITIONAL INFORMATION. 340 |
---|
370 | 370 | | “Should you have additional questions, please call the Customer Service Center for the Office of 341 |
---|
371 | 371 | | Tax and Revenue at (202) 727-4TAX (4829). 342 |
---|
372 | 372 | | “RESOURCES FOR REAL PROPERTY TAXPAYERS IN THE DISTRICT OF COLUMBIA 343 |
---|
373 | 373 | | 15 |
---|
374 | 374 | | |
---|
375 | 375 | | “Real Property Tax Ombudsman. Homeowners and other interested parties may be eligible for 344 |
---|
376 | 376 | | assistance from the Real Property Tax Ombudsman. If you need assistance with a tax sale or 345 |
---|
377 | 377 | | related property tax matters, contact the Real Property Tax Ombudsman at ___________. 346 |
---|
378 | 378 | | “Classification Disputes. If your real property is classified as vacant or blighted and you believe 347 |
---|
379 | 379 | | this classification is incorrect, contact the Vacant Building Enforcement Unit of the Department 348 |
---|
380 | 380 | | of Buildings at _______ for information on how to appeal the property classification. 349 |
---|
381 | 381 | | “Hardship Forbearance. You may be eligible to defer, or postpone, payment of the past due 350 |
---|
382 | 382 | | amount. For information on how to apply for this deferral, please contact the Office of Tax and 351 |
---|
383 | 383 | | Revenue at ___________. 352 |
---|
384 | 384 | | “Senior Citizen and Low-Income Tax Relief. Senior citizens and low-income households may 353 |
---|
385 | 385 | | have additional rights to defer property taxes. If you think you may be eligible for this tax relief, 354 |
---|
386 | 386 | | please contact the Office of Tax and Revenue at _______ for more information. 355 |
---|
387 | 387 | | “Additional Legal Services. Free and reduced-cost legal services may be available to low- and 356 |
---|
388 | 388 | | moderate-income households. You can get a list of service providers from the Real Property Tax 357 |
---|
389 | 389 | | Ombudsman (above). 358 |
---|
390 | 390 | | “Housing Counseling Services. The U.S. Department of Housing and Urban Development 359 |
---|
391 | 391 | | (“HUD”) sponsors housing counseling agencies throughout the country that can provide advice 360 |
---|
392 | 392 | | on buying a home, renting, defaults, foreclosures, and credit issues. You can get a list of HUD-361 |
---|
393 | 393 | | approved housing counseling agencies from the Real Property Tax Ombudsman (above).”. 362 |
---|
394 | 394 | | TITLE II. SERVICE OF PROCESS REFORMS. 363 |
---|
395 | 395 | | Sec. 201. Title 29 of the District of Columbia Official Code is amended as follows: 364 |
---|
396 | 396 | | (a) Section 29-104.03 is amended as follows: 365 |
---|
397 | 397 | | (1) Paragraph (1) is amended by striking the word “and” at the end. 366 |
---|
398 | 398 | | 16 |
---|
399 | 399 | | |
---|
400 | 400 | | (2) Paragraph (2) is amended by striking the period at the end and inserting the 367 |
---|
401 | 401 | | phrase “; and” in its place. 368 |
---|
402 | 402 | | (3) A new paragraph (3) is added to read as follows: 369 |
---|
403 | 403 | | “(3) Electronic mailing address.”. 370 |
---|
404 | 404 | | (b) Section 29-104.04 is amended as follows: 371 |
---|
405 | 405 | | (1) Subsection (a)(2)(A) is amended by striking the word “address” and inserting 372 |
---|
406 | 406 | | the word “address(es)” in its place. 373 |
---|
407 | 407 | | (2) Subsection (a)(2)(B) is amended by striking the phrase “address of the 374 |
---|
408 | 408 | | business office of that person.” and inserting the phrase “physical or electronic mailing address 375 |
---|
409 | 409 | | of the business office of that person, pursuant to § 29-104.03.” in its place. 376 |
---|
410 | 410 | | (c) Section 29-104.05 is amended as follows: 377 |
---|
411 | 411 | | (1) Subsection (a)(3) is amended by striking the word “address” and inserting the 378 |
---|
412 | 412 | | word “address(es)” in its place. 379 |
---|
413 | 413 | | (2) Subsection (b) is amended to read as follows: 380 |
---|
414 | 414 | | “(b) A commercial registered agent listing statement shall include the information 381 |
---|
415 | 415 | | regarding acceptance by the agent of service of process in a form other than a written record as 382 |
---|
416 | 416 | | provided for in § 29-104.12(e), including but not limited to, electronic mail.” 383 |
---|
417 | 417 | | (d) Section 29-104.12(e) is amended to read as follows: 384 |
---|
418 | 418 | | “(e) Service of process, notice, or demand on a registered agent and a commercial 385 |
---|
419 | 419 | | registered agent shall be in a written record. Service may be made on a commercial registered 386 |
---|
420 | 420 | | agent by electronic mail or other forms, and subject to such requirements, as the agent has stated 387 |
---|
421 | 421 | | in its listing under § 29-104.05 that it will accept; provided, that commercial registered agents 388 |
---|
422 | 422 | | 17 |
---|
423 | 423 | | |
---|
424 | 424 | | may not require service by physical mail as a condition for accepting service by electronic 389 |
---|
425 | 425 | | mail.”. 390 |
---|
426 | 426 | | Sec. 202. Sec. 47-1203 of the District of Columbia Official Code is amended as follows: 391 |
---|
427 | 427 | | (a) Subsection (a) is amended as follows: 392 |
---|
428 | 428 | | (1) Paragraph (1) is amended as follows: 393 |
---|
429 | 429 | | (A) Subparagraph (A) is amended to read as follows: 394 |
---|
430 | 430 | | “(A) When mailed by first class mail to the owner’s mailing address as updated in the 395 |
---|
431 | 431 | | real property tax records of the Office of Tax and Revenue.”. 396 |
---|
432 | 432 | | (B) Subparagraph (D) is amended by striking the period semicolon at the 397 |
---|
433 | 433 | | end and inserting the phrase “; or” in its place. 398 |
---|
434 | 434 | | (C) Subparagraph (E) is struck. 399 |
---|
435 | 435 | | (D) Subparagraph (F) is redesignated as subparagraph (E). 400 |
---|
436 | 436 | | (2) Paragraph (2) is amended to read as follows: 401 |
---|
437 | 437 | | “(2) Any notice to a corporation shall, for the purposes of §§ 47-1201 to 47-1206, 402 |
---|
438 | 438 | | be deemed to have been served on such corporation if served on its agent registered pursuant to 403 |
---|
439 | 439 | | Subchapter IV of Chapter 1 of Title 29, or on the president, secretary, treasurer, general manager, 404 |
---|
440 | 440 | | or any principal officer of such corporation in a manner hereinbefore provided for the service of 405 |
---|
441 | 441 | | notices on natural persons holding property in their own right; and notices to a foreign 406 |
---|
442 | 442 | | corporation shall, for the purposes of §§ 47-1201 to 47-1206, be deemed to have been served if 407 |
---|
443 | 443 | | served personally on any agent of such corporation, or if left with any person of suitable age and 408 |
---|
444 | 444 | | discretion residing at the usual residence or employed at the usual place of business of such agent 409 |
---|
445 | 445 | | in the District of Columbia.”. 410 |
---|
446 | 446 | | (3) Paragraph (3) is struck. 411 |
---|
447 | 447 | | 18 |
---|
448 | 448 | | |
---|
449 | 449 | | (b) Subsection (b)(1) is amended to read as follows: 412 |
---|
450 | 450 | | “(b)(1) All special assessments authorized to be levied by the District of Columbia for 413 |
---|
451 | 451 | | public improvements, with the exception of assessments levied in condemnation proceedings, 414 |
---|
452 | 452 | | may be paid without interest within 30 days from the date of service of notice. Interest of 1.5% 415 |
---|
453 | 453 | | for each month or part thereof shall be charged on all unpaid amounts from the expiration of 30 416 |
---|
454 | 454 | | days from the date of service. If any such assessment or any part thereof shall remain unpaid 417 |
---|
455 | 455 | | after the expiration of 1 year from date of service of notice, the property against which said 418 |
---|
456 | 456 | | assessment was levied may be sold for such assessment or unpaid portion thereof with interest 419 |
---|
457 | 457 | | and penalties thereon at the next ensuing annual tax sale conducted under Chapter 13A of this 420 |
---|
458 | 458 | | title, in the same manner and under the same conditions as property sold for delinquent general 421 |
---|
459 | 459 | | taxes, if said assessment with interest and penalties thereon shall not have been paid in full prior 422 |
---|
460 | 460 | | to said sale.”. 423 |
---|
461 | 461 | | TITLE III. VACANT AND BLIGHTED PROPERTY REGISTRATION 424 |
---|
462 | 462 | | IMPROVEMENTS . 425 |
---|
463 | 463 | | Sec. 301. An Act To provide for the abatement of nuisances in the District of Columbia 426 |
---|
464 | 464 | | by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 427 |
---|
465 | 465 | | 114; D.C. Official Code § 42-3131.01 et seq.), is amended as follows: 428 |
---|
466 | 466 | | (a) The table of contents for Chapter 31A, Subchapter II is amended as follows: 429 |
---|
467 | 467 | | (1) Strike the section designation “42–3131.05a. Notice by mail.” and insert the 430 |
---|
468 | 468 | | section designation “42–3131.05a. Notice.” in its place. 431 |
---|
469 | 469 | | (2) A new section designation 42–3131.05b is added to read as follows: 432 |
---|
470 | 470 | | “42–3131.05b. Determination of vacancy and blight.”. 433 |
---|
471 | 471 | | 19 |
---|
472 | 472 | | |
---|
473 | 473 | | (3) Strike the section designation “42–3131.06. Registration of vacant buildings.” 434 |
---|
474 | 474 | | and insert the section designation “42–3131.06. Registration of vacant buildings; renewal.” in its 435 |
---|
475 | 475 | | place. 436 |
---|
476 | 476 | | (4) A new section designation 42–3131.06a is added to read as follows: 437 |
---|
477 | 477 | | “42–3131.06a. Exemptions.”. 438 |
---|
478 | 478 | | (5) Strike the section designation “42–3131.07. Registration and renewal 439 |
---|
479 | 479 | | procedure.” and insert the section designation “42–3131.07. Registration and renewal procedure. 440 |
---|
480 | 480 | | [Repealed].” in its place. 441 |
---|
481 | 481 | | (6) Strike the section designation “42–3131.12. Vacant building maintenance 442 |
---|
482 | 482 | | standard.” and insert the section designation “42–3131.12. Vacant building maintenance standard 443 |
---|
483 | 483 | | and plan.” in its place. 444 |
---|
484 | 484 | | (7) Strike the section designation “42.3131.16. Transmission of list by Mayor.” 445 |
---|
485 | 485 | | and insert the section designation “42.3131.16. Transmission of list by Mayor; reconciliation of 446 |
---|
486 | 486 | | information.” in its place. 447 |
---|
487 | 487 | | (8) Strike the section designation “42–3131.17. Transmission of list of blighted 448 |
---|
488 | 488 | | vacant buildings by Mayor.” and insert the section designation “42–3131.17. Transmission of list 449 |
---|
489 | 489 | | of blighted vacant buildings by Mayor. [Repealed].” in its place. 450 |
---|
490 | 490 | | (9) Strike the section designation “42–3131.18. Publication of list by the 451 |
---|
491 | 491 | | Department of Buildings.” and insert the section designation “42–3131.18. Publication of vacant 452 |
---|
492 | 492 | | and blighted vacant building information by the Department.” in its place. 453 |
---|
493 | 493 | | (10) Strike the section designation “42–3131.19. Vacant and blighted vacant 454 |
---|
494 | 494 | | buildings belonging to foreign governments.” and insert the section designation “42–3131.19. 455 |
---|
495 | 495 | | 20 |
---|
496 | 496 | | |
---|
497 | 497 | | Vacant and blighted vacant buildings belonging to foreign governments. [Repealed].” in its 456 |
---|
498 | 498 | | place. 457 |
---|
499 | 499 | | (11) A new section designation 42–3131.20 is added to read as follows: 458 |
---|
500 | 500 | | “42–3131.20. Vacant and blighted vacant building receivership.” 459 |
---|
501 | 501 | | (12) A new section designation 42-3131.21 is added to read as follows: 460 |
---|
502 | 502 | | “42.3131.21. Vacant and blighted building report and plan.” 461 |
---|
503 | 503 | | (13) A new section designation 42–3131.22 is added to read as follows: 462 |
---|
504 | 504 | | “42–3131.22. Rules.” 463 |
---|
505 | 505 | | (b) Section 5 (D.C. Official Code § 42–3131.05) is amended to read as follows: 464 |
---|
506 | 506 | | “(1) “Blighted vacant building” means any vacant building that is in such a condition as 465 |
---|
507 | 507 | | to pose a danger to the health, safety, and general welfare of the community. 466 |
---|
508 | 508 | | “(2) “Commercial unit” means a building, or a part of a building, zoned for commercial 467 |
---|
509 | 509 | | purposes under the zoning regulations of the District of Columbia. 468 |
---|
510 | 510 | | “(3) “Dwelling unit” means a room, or group of rooms forming a single unit, designed, or 469 |
---|
511 | 511 | | intended to be used, for living and sleeping, whether or not designed or intended for the 470 |
---|
512 | 512 | | preparation and eating of meals or to be under the exclusive control of the occupant. The term 471 |
---|
513 | 513 | | “dwelling unit” shall not include a room, or group of rooms forming a single unit, in a hotel or 472 |
---|
514 | 514 | | motel licensed in the District of Columbia, actively operating as a hotel or motel. 473 |
---|
515 | 515 | | “(4) “Fit for occupancy” means ready for immediate occupancy by a tenant without more 474 |
---|
516 | 516 | | than minor cosmetic changes. 475 |
---|
517 | 517 | | “(5) “Multifamily residential building” means a building containing two or more 476 |
---|
518 | 518 | | dwelling units. 477 |
---|
519 | 519 | | “(6) “Occupied” means: 478 |
---|
520 | 520 | | 21 |
---|
521 | 521 | | |
---|
522 | 522 | | “(A) For purposes of a dwelling unit, the use of one’s residence in improved real 479 |
---|
523 | 523 | | property on a regular basis; or 480 |
---|
524 | 524 | | “(B) For purposes of a commercial unit, use consistent with zoning regulations, 481 |
---|
525 | 525 | | for which there is a current valid certificate of occupancy, and (i) paid utility receipts for the 482 |
---|
526 | 526 | | specified period, executed lease agreements, or sales tax return, or (ii) other evidence of use of 483 |
---|
527 | 527 | | the building that the Mayor may require by rule. 484 |
---|
528 | 528 | | “(7) “Owner” means one or more persons or entities with an interest in real property in 485 |
---|
529 | 529 | | the District of Columbia that appears in the real property tax records of the Office of Tax and 486 |
---|
530 | 530 | | Revenue, and a tax sale purchaser under § 47-1353(b) or the purchaser’s assignee, as applicable, 487 |
---|
531 | 531 | | except where the owner of record is challenging or appealing the vacant status of the real 488 |
---|
532 | 532 | | property for the same period. 489 |
---|
533 | 533 | | “(8) “Owner of record” means the person or persons named in the public record as the 490 |
---|
534 | 534 | | title holder of the property. 491 |
---|
535 | 535 | | “(9) “Real property” shall have the same meaning as § 47-802(1). 492 |
---|
536 | 536 | | “(10) “Related owners” or “related ownership” exists when a deduction for a loss from 493 |
---|
537 | 537 | | the sale or exchange of properties between taxpayers would be disallowed under section 267 of 494 |
---|
538 | 538 | | the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 78; 26 U.S.C. § 267); 495 |
---|
539 | 539 | | provided, that the exclusion under section 267(a)(1) for a loss in a distribution in a complete 496 |
---|
540 | 540 | | liquidation shall not apply. 497 |
---|
541 | 541 | | “(11) “Relative” means a spouse, domestic partner, sibling, parent, grandparent, child, 498 |
---|
542 | 542 | | grandchild, or the sibling's child, spouse, or domestic partner. 499 |
---|
543 | 543 | | “(12) “Vacant building” means any real property improved by a building that is not 500 |
---|
544 | 544 | | lawfully occupied on a regular and habitual basis by the owner, a tenant, or other person having 501 |
---|
545 | 545 | | 22 |
---|
546 | 546 | | |
---|
547 | 547 | | the permission of the owner; provided, that in the case of residential buildings, the Mayor 502 |
---|
548 | 548 | | determines that there is no resident for which an intent to return and lawfully occupy the building 503 |
---|
549 | 549 | | can be shown.”. 504 |
---|
550 | 550 | | (b) Section 5a (D.C. Official Code § 42–3131.5a) is amended to read as follows: 505 |
---|
551 | 551 | | “Sec. 5a. Notice. 506 |
---|
552 | 552 | | “(a) Notice shall be deemed to be served properly on the date when mailed by first class 507 |
---|
553 | 553 | | mail to the owner of record of the vacant building at the owner’s mailing address as updated in 508 |
---|
554 | 554 | | the real property tax records of the Office of Tax and Revenue. 509 |
---|
555 | 555 | | “(b)(1) In addition to the notice requirement of subsection (a) of this section, the Mayor 510 |
---|
556 | 556 | | shall cause notice to be posted on the premises; provided, that the official notice shall be mailed 511 |
---|
557 | 557 | | pursuant to subsection (a) of this section. 512 |
---|
558 | 558 | | “(2) Unless the vacant property is eligible for an exemption pursuant to § 42–513 |
---|
559 | 559 | | 3131.06a of this chapter, the notice shall not be posted by difficult-to-remove adhesive. 514 |
---|
560 | 560 | | “(c) A courtesy copy of the notice provided pursuant to subsection (a) of this section shall 515 |
---|
561 | 561 | | be mailed or electronically mailed to the Advisory Neighborhood Commission in which the 516 |
---|
562 | 562 | | vacant building is located. The courtesy copy required by this subsection shall not be construed 517 |
---|
563 | 563 | | to satisfy, nor be construed as necessary to satisfy, the notice requirement of subsection (a) of this 518 |
---|
564 | 564 | | section.”. 519 |
---|
565 | 565 | | (c) A new Section 5b (D.C. Official Code § 42–3131.05b) is added to read as follows: 520 |
---|
566 | 566 | | “Sec. 5b. Determination of vacancy and blight. 521 |
---|
567 | 567 | | “(a) When making a determination that a building is vacant, the Mayor shall consider the 522 |
---|
568 | 568 | | following: 523 |
---|
569 | 569 | | “(1) Neighbor complaints; 524 |
---|
570 | 570 | | 23 |
---|
571 | 571 | | |
---|
572 | 572 | | “(2) Advisory Neighborhood Commission certification; 525 |
---|
573 | 573 | | “(3) Accumulated mail, fliers, or newspapers; 526 |
---|
574 | 574 | | “(4) Past due utility notices, disconnected utilities, or utilities not in use; 527 |
---|
575 | 575 | | “(5) Presence of overgrown vegetation, dead or diseased trees, or noxious weeds; 528 |
---|
576 | 576 | | “(6) Absence of furnishings or personal items consistent with habitation; 529 |
---|
577 | 577 | | “(7) The building is open to casual entry or trespass; and 530 |
---|
578 | 578 | | “(8) Any other criteria the Mayor deems relevant. 531 |
---|
579 | 579 | | “(b) When making a determination that a vacant building is a blighted vacant building, 532 |
---|
580 | 580 | | the Mayor shall consider the following: 533 |
---|
581 | 581 | | “(1) The incidence of illegal activity, as documented by police reports; 534 |
---|
582 | 582 | | “(2) Whether the vacant building is the subject of a condemnation proceeding 535 |
---|
583 | 583 | | before the Board of Condemnation and Insanitary Buildings; 536 |
---|
584 | 584 | | “(3) Referrals to the Department of Buildings from other District agencies; 537 |
---|
585 | 585 | | “(4) One or more windows, doors, or other means of entry are missing or boarded 538 |
---|
586 | 586 | | up; 539 |
---|
587 | 587 | | “(5) Collapsing, missing or deteriorating walls, roof, stairs, porches, balconies, 540 |
---|
588 | 588 | | chimneys, and other building elements; 541 |
---|
589 | 589 | | “(6) Siding or exterior walls that are seriously damaged, missing, or deteriorating; 542 |
---|
590 | 590 | | “(7) Trash and debris are improperly stored or accumulated on the premises; 543 |
---|
591 | 591 | | “(8) The building shows visible signs of vandalism such as graffiti; 544 |
---|
592 | 592 | | “(9) The presence of mold, algae, abandoned or wild animals, or insect or pest 545 |
---|
593 | 593 | | infestation; 546 |
---|
594 | 594 | | “(10) Any other criteria the Mayor deems relevant. 547 |
---|
595 | 595 | | 24 |
---|
596 | 596 | | |
---|
597 | 597 | | “(c) For purposes of this section, the term “Advisory Neighborhood Commission 548 |
---|
598 | 598 | | certification” means a resolution approved by a majority vote of an Advisory Neighborhood 549 |
---|
599 | 599 | | Commission in which the building is located requesting that the Mayor classify a building as 550 |
---|
600 | 600 | | vacant or blighted vacant.”. 551 |
---|
601 | 601 | | (d) Section 6 (D.C. Official Code § 42–3131.06) is amended to read as follows: 552 |
---|
602 | 602 | | “Sec. 6. Registration of vacant buildings; renewal. 553 |
---|
603 | 603 | | “(a) Except as provided in § 42–3131.06a of this chapter, the owner of a vacant building 554 |
---|
604 | 604 | | shall, within 180 days after it becomes vacant, register the building and pay the registration fee. 555 |
---|
605 | 605 | | The Mayor may extend the time for good cause. 556 |
---|
606 | 606 | | “(b)(1) Each application for the registration of a vacant building shall be in a form 557 |
---|
607 | 607 | | prescribed by the Mayor and shall contain the following information: 558 |
---|
608 | 608 | | “(A) The street address of the vacant building; 559 |
---|
609 | 609 | | “(B) The date on which the building became vacant; 560 |
---|
610 | 610 | | “(C) The name, street address, telephone number, and electronic mail 561 |
---|
611 | 611 | | address of the owner of record; except as provided in subsection (f) of this section; 562 |
---|
612 | 612 | | “(D) The name, address, telephone number, and electronic mail address of 563 |
---|
613 | 613 | | a person based in the District who is responsible for the security and maintenance of the 564 |
---|
614 | 614 | | property, if other than the owner of record; 565 |
---|
615 | 615 | | “(E) A signed vacant building maintenance plan required pursuant to § 42–566 |
---|
616 | 616 | | 3131.12 of this chapter. 567 |
---|
617 | 617 | | “(2) If at any time the information provided pursuant to paragraph (1) of this 568 |
---|
618 | 618 | | subsection is no longer valid, the owner shall file a new registration within ten days containing 569 |
---|
619 | 619 | | 25 |
---|
620 | 620 | | |
---|
621 | 621 | | current information. There shall be no additional fee to provide current information pursuant to 570 |
---|
622 | 622 | | this paragraph. 571 |
---|
623 | 623 | | “(c) At the time of application for the initial registration or renewal of registration of a 572 |
---|
624 | 624 | | vacant building, the owner shall arrange with the Mayor for the inspection of the building. On 573 |
---|
625 | 625 | | receiving an application for the initial registration or renewal of registration of a vacant building, 574 |
---|
626 | 626 | | the Mayor shall thereafter inspect the building. The Mayor shall approve the initial registration or 575 |
---|
627 | 627 | | the renewal of registration for one year if: 576 |
---|
628 | 628 | | “(1) The application for registration contains all of the information required 577 |
---|
629 | 629 | | pursuant to subsection (a) of this section. 578 |
---|
630 | 630 | | “(2) The building has been maintained in accordance with the requirements of § 579 |
---|
631 | 631 | | 42–3131.12; and 580 |
---|
632 | 632 | | “(3) The vacancy of the building will not: 581 |
---|
633 | 633 | | “(A) Be detrimental to the public health, safety, and welfare; 582 |
---|
634 | 634 | | “(B) Unreasonably interfere with the reasonable and lawful use and 583 |
---|
635 | 635 | | enjoyment of the other premises within the neighborhood; and 584 |
---|
636 | 636 | | “(C) Pose a hazard to police officers or firefighters entering the building in 585 |
---|
637 | 637 | | an emergency. 586 |
---|
638 | 638 | | “(4) The building complies with the fire, building, and housing codes of the 587 |
---|
639 | 639 | | District of Columbia; 588 |
---|
640 | 640 | | “(5) The continuance of any maintenance work or condition of occupancy is not 589 |
---|
641 | 641 | | dangerous to life or property; 590 |
---|
642 | 642 | | “(6) No false statements or misrepresentations have been made upon the 591 |
---|
643 | 643 | | registration application; 592 |
---|
644 | 644 | | 26 |
---|
645 | 645 | | |
---|
646 | 646 | | “(7) Orders on a building have been complied with and the building complies 593 |
---|
647 | 647 | | with any applicable occupancy requirements; 594 |
---|
648 | 648 | | “(8) An adequate water supply or facilities for firefighting purposes is furnished 595 |
---|
649 | 649 | | as required in the fire code; and 596 |
---|
650 | 650 | | “(9) The Mayor is permitted to inspect the building before initial registration, 597 |
---|
651 | 651 | | during the registration period, and before a renewal of registration. 598 |
---|
652 | 652 | | “(d) If the owner of a vacant building fails to comply with the provisions of subsection 599 |
---|
653 | 653 | | (c) of this section, both initially and throughout the registration period, the Mayor may deny or 600 |
---|
654 | 654 | | revoke the owner’s registration and may subject the owner to the penalties provided in § 42–601 |
---|
655 | 655 | | 3131.10. 602 |
---|
656 | 656 | | “(e)(1) After the initial designation of a property as vacant or blighted, the Mayor shall 603 |
---|
657 | 657 | | not be required to perform additional inspections or surveys to sustain that classification. 604 |
---|
658 | 658 | | “(2) After the Mayor has made a final determination that a building is a vacant 605 |
---|
659 | 659 | | building or a blighted vacant building, that final determination shall remain in effect until the 606 |
---|
660 | 660 | | owner submits information to the Mayor sufficient to warrant a change to that classification. 607 |
---|
661 | 661 | | “(f)(1)(A) Except as provided in subparagraph (B) of this paragraph, no person except the 608 |
---|
662 | 662 | | owner of record or an authorized agent of the owner of record, with proof of authorization from 609 |
---|
663 | 663 | | the owner of record, may register a building as vacant. 610 |
---|
664 | 664 | | “(B) The Mayor, upon a showing that the owner of record is physically 611 |
---|
665 | 665 | | unable to register the property, may allow a relative of the owner of record to register the 612 |
---|
666 | 666 | | building as vacant; provided, that the relative can show proof of being a relative and, to the 613 |
---|
667 | 667 | | satisfaction of the Mayor, that the owner of record is physically unable to register the property. 614 |
---|
668 | 668 | | 27 |
---|
669 | 669 | | |
---|
670 | 670 | | “(2) This subsection shall not in any way limit the Mayor's authority to register as 615 |
---|
671 | 671 | | vacant or blighted any property whose owner fails to register it as required by this chapter.”. 616 |
---|
672 | 672 | | (e) A new section 6a (D.C. Official Code § 42–3131.06a) is added to read as follows: 617 |
---|
673 | 673 | | “Sec. 6a. Exemptions. 618 |
---|
674 | 674 | | “(a) A vacant or blighted vacant building shall not be subject to the registration 619 |
---|
675 | 675 | | requirements of § 42–3131.06 if it is: 620 |
---|
676 | 676 | | “(1) Owned by the government of the United States or its instrumentalities; or 621 |
---|
677 | 677 | | “(2) Authorized as exempt from real estate taxes by the United States Department 622 |
---|
678 | 678 | | of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes 623 |
---|
679 | 679 | | or for the official business of an international organization. 624 |
---|
680 | 680 | | “(b) A vacant building shall not be subject to the increased real property tax rates for 625 |
---|
681 | 681 | | vacant buildings in § 47-812(b-10) if it is: 626 |
---|
682 | 682 | | “(1) Exempted by the Mayor in extraordinary circumstances and upon a showing 627 |
---|
683 | 683 | | of substantial economic or personal hardship as determined in subsection (c) of this section; 628 |
---|
684 | 684 | | “(2) In compliance with the requirements of § 42–3131.12 and applicable 629 |
---|
685 | 685 | | property maintenance code standards for the District of Columbia and the owner or his or her 630 |
---|
686 | 686 | | agent has been actively seeking in good faith to rent or sell the building; provided, that an 631 |
---|
687 | 687 | | exemption under § 42-3131.06a(b)(2) shall only be available for a period not to exceed: 632 |
---|
688 | 688 | | “(A) Half a tax year from the initial listing, offer, or advertisement of sale 633 |
---|
689 | 689 | | in the case of single-family residential buildings; 634 |
---|
690 | 690 | | “(B) Two tax years from the initial listing, offer, or advertisement of sale 635 |
---|
691 | 691 | | for multifamily residential buildings; or 636 |
---|
692 | 692 | | 28 |
---|
693 | 693 | | |
---|
694 | 694 | | “(C) Two tax years from the initial listing, offer, or advertisement of rent 637 |
---|
695 | 695 | | or sale for commercial buildings; 638 |
---|
696 | 696 | | “(3) For a period not to exceed 3 tax years, the subject of a probate proceeding or 639 |
---|
697 | 697 | | the title is the subject of litigation (not including a foreclosure of the right of redemption action 640 |
---|
698 | 698 | | brought under Chapter 13A of Title 47 [§ 47-1330 et seq.]). The tax year in which the exemption 641 |
---|
699 | 699 | | under § 42-3131.06a(b)(3) starts is determined by the filing date of the applicable probate 642 |
---|
700 | 700 | | proceeding and/or litigation; 643 |
---|
701 | 701 | | “(4) For a period not to exceed 2 tax years, the subject of a pending application 644 |
---|
702 | 702 | | for a necessary approval for development before the Board of Zoning Adjustment, the Zoning 645 |
---|
703 | 703 | | Commission for the District of Columbia, the Commission on Fine Arts, the Historic 646 |
---|
704 | 704 | | Preservation Review Board, the Mayor’s Agent for Historic Preservation, the Department of 647 |
---|
705 | 705 | | Public Works, or the National Capital Planning Commission; or 648 |
---|
706 | 706 | | “(5) For a period not to exceed half a tax year, the owner of the property or his or 649 |
---|
707 | 707 | | her agent has an active building permit application that is being reviewed and processed by the 650 |
---|
708 | 708 | | District, and the owner is actively seeking in good faith to obtain a building permit for the 651 |
---|
709 | 709 | | purposes of making the building fit for occupancy; or 652 |
---|
710 | 710 | | “(6) For a period not to exceed 3 tax years, under active construction or 653 |
---|
711 | 711 | | undergoing active rehabilitation, renovation, or repair, and there is a valid active building permit 654 |
---|
712 | 712 | | to make the building fit for occupancy. During the half tax year in which the exemption is 655 |
---|
713 | 713 | | requested, the building must be under active construction or undergoing active rehabilitation, 656 |
---|
714 | 714 | | renovation, or repair under a valid active building permit. The term “active construction” means 657 |
---|
715 | 715 | | the conducting of activities that contribute directly to the completion of improvements 658 |
---|
716 | 716 | | contemplated or shown on active permits. 659 |
---|
717 | 717 | | 29 |
---|
718 | 718 | | |
---|
719 | 719 | | “(c)(1) To qualify for an exemption for substantial economic or personal hardship 660 |
---|
720 | 720 | | pursuant to subsection (b)(1) of this section, an owner must demonstrate: 661 |
---|
721 | 721 | | “(A) He or she was a debtor in an individual bankruptcy action within the 662 |
---|
722 | 722 | | last 12 months; 663 |
---|
723 | 723 | | “(B) He or she experienced a significant medical event that prevented him 664 |
---|
724 | 724 | | or her from engaging in normal work or business activities for at least a period of 30 days; 665 |
---|
725 | 725 | | “(C) He or she was involuntarily terminated from employment and was 666 |
---|
726 | 726 | | unemployed for at least 60 days within the last 12 months; 667 |
---|
727 | 727 | | “(D) He or she is: 668 |
---|
728 | 728 | | “(i) 60 years of age or older and is receiving social security 669 |
---|
729 | 729 | | disability insurance; 670 |
---|
730 | 730 | | “(ii) 65 years of age or older and has a household income that does 671 |
---|
731 | 731 | | not exceed 120% of the median family income and has experienced medical, personal, or 672 |
---|
732 | 732 | | financial hardship in the past 180 days; 673 |
---|
733 | 733 | | “(E) He or she was impacted by a fire at the property that was not the 674 |
---|
734 | 734 | | result of criminal activity or negligence as identified by a Fire and Emergency Medical Services 675 |
---|
735 | 735 | | investigation; or 676 |
---|
736 | 736 | | “(F) He or she was impacted by a natural disaster at the property. 677 |
---|
737 | 737 | | “(2) The exemption may be granted for a period not to exceed one tax year from 678 |
---|
738 | 738 | | the required registration date, subject to renewal on the basis of continuing extraordinary 679 |
---|
739 | 739 | | circumstances and substantial undue economic hardship. The Mayor may withdraw the 680 |
---|
740 | 740 | | exemption at any time. 681 |
---|
741 | 741 | | 30 |
---|
742 | 742 | | |
---|
743 | 743 | | “(d)(1) The cumulative time period for exemption from registration and fee requirements 682 |
---|
744 | 744 | | for a vacant building under the same, substantially similar, or related ownership shall not exceed 683 |
---|
745 | 745 | | 3 tax years. 684 |
---|
746 | 746 | | “(2) The limitations set forth in paragraph (1) of this subsection shall not apply to 685 |
---|
747 | 747 | | vacant buildings that benefit from an exemption under subsection (a) of this section. 686 |
---|
748 | 748 | | “(e) The total cumulative time for exemptions granted under subsection (b) of this section 687 |
---|
749 | 749 | | to any property shall not exceed 5 tax years in any 12-year period, excluding exemptions granted 688 |
---|
750 | 750 | | under subsection (a) of this section.”. 689 |
---|
751 | 751 | | (f) Sec. 7 (D.C. Official Code § 42–3131.07) is repealed. 690 |
---|
752 | 752 | | (g) Sec. 9 (D.C. Official Code § 42–3131.09) is amended to read as follows: 691 |
---|
753 | 753 | | “(a) Except as provided in § 42–3131.06a(a), the owner of a building shall register the 692 |
---|
754 | 754 | | building and pay registration fees within 180 days after it becomes a vacant or blighted vacant 693 |
---|
755 | 755 | | building. 694 |
---|
756 | 756 | | “(b) Fees for registration and renewal shall be as follows: 695 |
---|
757 | 757 | | “(1) The initial registration fee shall be $350. 696 |
---|
758 | 758 | | “(2) The renewal registration fee shall be $500. 697 |
---|
759 | 759 | | “(c) The Mayor may increase the fees in subsection (b) of this section through rules 698 |
---|
760 | 760 | | issued pursuant to § 42–3131.21.”. 699 |
---|
761 | 761 | | (h) Section 10 (D.C. Official Code § 42–3131.10) is amended to read as follows: 700 |
---|
762 | 762 | | “(a)(1) The failure of the owner of a vacant or blighted vacant building to register and 701 |
---|
763 | 763 | | pay all required fees under § 42-3131.06(a) or § 42-3131.09 after notice of the designation of the 702 |
---|
764 | 764 | | owner’s building as vacant or blighted vacant, the determination of delinquency of registration or 703 |
---|
765 | 765 | | fee payment, the denial or revocation of registration, the filing by an owner of any false or 704 |
---|
766 | 766 | | 31 |
---|
767 | 767 | | |
---|
768 | 768 | | misleading registration-related information, or the refusal of the owner of a vacant or blighted 705 |
---|
769 | 769 | | vacant building to permit the Mayor to inspect the building shall be subject to a civil penalty of 706 |
---|
770 | 770 | | up to $1,000 for the first violation, $2,500 for the second violation, and $5,000 for the third and 707 |
---|
771 | 771 | | subsequent violations. 708 |
---|
772 | 772 | | “(2) The Director of the Department of Buildings shall provide the Office of the 709 |
---|
773 | 773 | | Attorney General with a list of all owners who fail to register and pay the required fee after 710 |
---|
774 | 774 | | notice. 711 |
---|
775 | 775 | | “(b) If the owner of a vacant building fails to maintain the building in compliance with 712 |
---|
776 | 776 | | the requirements of § 42–3131.12 or, having obtained a vacant property registration, 713 |
---|
777 | 777 | | subsequently fails to comply with the other registration requirements under § 42–3131.06, the 714 |
---|
778 | 778 | | Mayor, in addition to issuing civil penalties pursuant to subsection (a) of this section, may: 715 |
---|
779 | 779 | | “(1) Charge the owner with failure to comply and enforce all applicable penalties 716 |
---|
780 | 780 | | under this chapter; and 717 |
---|
781 | 781 | | “(2) Take other action as required by the Construction Codes or Construction 718 |
---|
782 | 782 | | Codes Supplement of the District of Columbia to bring the building into compliance with those 719 |
---|
783 | 783 | | codes. 720 |
---|
784 | 784 | | “(c) Criminal prosecutions under § 42-3131.05 through § 42-3131.15 shall be brought in 721 |
---|
785 | 785 | | the name of the District of Columbia by the Attorney General for the District of Columbia.”. 722 |
---|
786 | 786 | | (i) Section 11(b) (D.C. Official Code § 42–3131.11(b) is amended by striking the phrase 723 |
---|
787 | 787 | | “Department of Consumer and Regulatory Affairs” and inserting the phrase “Department of 724 |
---|
788 | 788 | | Buildings” in its place. 725 |
---|
789 | 789 | | (j) Section 12 (D.C. Official Code § 42–3131.12) is amended to read as follows: 726 |
---|
790 | 790 | | “Sec. 12. Vacant building maintenance standard and plan. 727 |
---|
791 | 791 | | 32 |
---|
792 | 792 | | |
---|
793 | 793 | | “(a) The owner of a vacant building shall comply with the following maintenance 728 |
---|
794 | 794 | | requirements: 729 |
---|
795 | 795 | | “(1) The exterior of the building shall be maintained free of graffiti, tagging, or 730 |
---|
796 | 796 | | similar markings; 731 |
---|
797 | 797 | | “(2) Exterior walls shall be free of holes, breaks, and loose or rotting materials; 732 |
---|
798 | 798 | | “(3) The interior of the building, and the property on which the building is 733 |
---|
799 | 799 | | located, shall be free from debris, rubbish, and garbage; 734 |
---|
800 | 800 | | “(4) Exposed metal and wood surfaces on the exterior of the building and any 735 |
---|
801 | 801 | | accessory or appurtenant structures shall be protected from the elements and against decay or 736 |
---|
802 | 802 | | rust; 737 |
---|
803 | 803 | | “(5) The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar 738 |
---|
804 | 804 | | decorative features shall be safe, anchored, and in good repair; 739 |
---|
805 | 805 | | “(6) All balconies, canopies, marquees, signs, metal awnings, stairways, fire 740 |
---|
806 | 806 | | escapes, standpipes, exhaust ducts, and similar features shall be in good repair, anchored, safe 741 |
---|
807 | 807 | | and sound; 742 |
---|
808 | 808 | | “(7) Doors, windows, areaways, and other openings shall be weather-tight and 743 |
---|
809 | 809 | | secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, 744 |
---|
810 | 810 | | and other openings shall be covered with 1/2 inch CDX plywood that is painted in accordance 745 |
---|
811 | 811 | | with the predominant tone of the building and is weather protected, tightly fitted to the opening, 746 |
---|
812 | 812 | | and secured by screws or bolts; 747 |
---|
813 | 813 | | “(8) The roof and flashing shall be sound and tight, not admit moisture, and 748 |
---|
814 | 814 | | drained to prevent dampness or deterioration in the walls or interior; 749 |
---|
815 | 815 | | 33 |
---|
816 | 816 | | |
---|
817 | 817 | | “(9) The building storm drainage system shall be adequately sized and installed in 750 |
---|
818 | 818 | | an approved manner and functional; 751 |
---|
819 | 819 | | “(10) The structural members shall be free of deterioration and capable of safely 752 |
---|
820 | 820 | | bearing imposed dead and live loads; 753 |
---|
821 | 821 | | “(11) The foundation walls shall be plumb, free from open cracks and breaks, and 754 |
---|
822 | 822 | | vermin-proof; 755 |
---|
823 | 823 | | “(12) Chimneys, cooling towers, smokestacks, and similar appurtenances shall be 756 |
---|
824 | 824 | | structurally safe, sound, and in good repair; 757 |
---|
825 | 825 | | “(13) Openings in sidewalks shall be safe for pedestrian travel; 758 |
---|
826 | 826 | | “(14) The property on which the building is located shall be free from excessive 759 |
---|
827 | 827 | | vegetation and debris; and 760 |
---|
828 | 828 | | “(15) The property on which the building is located, as well as any accessory or 761 |
---|
829 | 829 | | appurtenant structures, shall be free from safety, health, or fire hazards. 762 |
---|
830 | 830 | | “(b) The owner of a vacant property or his or her agent shall submit a vacant property 763 |
---|
831 | 831 | | maintenance plan with the registration form required pursuant to § 42–3131.06. The plan shall 764 |
---|
832 | 832 | | include the following: 765 |
---|
833 | 833 | | “(1) The name, address, and contact information (telephone number and 766 |
---|
834 | 834 | | electronic mail address where applicable) of the person submitting the plan; 767 |
---|
835 | 835 | | “(2) Contact information for the person designated to manage and maintain the 768 |
---|
836 | 836 | | property; 769 |
---|
837 | 837 | | “(3) A copy of a letter or notice to properties immediately adjacent to the vacant 770 |
---|
838 | 838 | | building advising residents of the name and contact information of the person designated to 771 |
---|
839 | 839 | | manage and maintain the property; 772 |
---|
840 | 840 | | 34 |
---|
841 | 841 | | |
---|
842 | 842 | | “(4) A plan for actively monitoring, maintaining, and securing the property for the 773 |
---|
843 | 843 | | anticipated or expected period of vacancy that demonstrates how the property will be maintained 774 |
---|
844 | 844 | | in accordance with subsection (a) of this section; 775 |
---|
845 | 845 | | “(5) Any other information deemed necessary by the Mayor for purposes of 776 |
---|
846 | 846 | | effectuating this section.”. 777 |
---|
847 | 847 | | (k) Section 15 (D.C. Official Code § 42-3131.15) is amended to read as follows: 778 |
---|
848 | 848 | | “(a) Within 15 days after the designation of an owner’s building as a vacant building, the 779 |
---|
849 | 849 | | determination of delinquency of registration or fee payment, the denial or revocation of 780 |
---|
850 | 850 | | registration, or the designation of a vacant building as a blighted vacant building, the owner may 781 |
---|
851 | 851 | | petition the Mayor for reconsideration by filing the form prescribed by the Mayor. 782 |
---|
852 | 852 | | “(b) Within 60 days after receiving a petition pursuant to subsection (a) of this section, 783 |
---|
853 | 853 | | the Mayor shall issue a notice of final determination to the owner of the vacant building. The 784 |
---|
854 | 854 | | petition shall be deemed denied, and it shall have the same effect of the issuance of a notice of 785 |
---|
855 | 855 | | final determination, if the Mayor does not act upon the petition within 60 days. 786 |
---|
856 | 856 | | “(c) Within 15 days after the date of the notice of final determination under subsection (b) 787 |
---|
857 | 857 | | of this section, or within 15 days after the expiration of the time period under subsection (b) of 788 |
---|
858 | 858 | | this section, an owner may file an appeal with the Real Property Tax Appeals Commission for the 789 |
---|
859 | 859 | | District of Columbia on the form prescribed by the Mayor; provided, that the notice of final 790 |
---|
860 | 860 | | determination or passive appeal under subsection (b) of this section shall be a prerequisite to 791 |
---|
861 | 861 | | filing an appeal with the Real Property Tax Appeals Commission for the District of Columbia. 792 |
---|
862 | 862 | | The Real Property Tax Appeals Commission may not extend the time to file an appeal. 793 |
---|
863 | 863 | | “(d) After receiving a notice of appeal from an owner as required under subsection (c) of 794 |
---|
864 | 864 | | this section, the Real Property Tax Appeals Commission for the District of Columbia shall 795 |
---|
865 | 865 | | 35 |
---|
866 | 866 | | |
---|
867 | 867 | | provide by mail or electronic mail to the Advisory Neighborhood Commission in which the 796 |
---|
868 | 868 | | vacant building is located, at least 15 days before any scheduled hearing on the appeal, the 797 |
---|
869 | 869 | | following information related to the building at issue: 798 |
---|
870 | 870 | | “(1) The name of the owner of the building, and the address of the building, 799 |
---|
871 | 871 | | including square, suffix and lot numbers; 800 |
---|
872 | 872 | | “(2) The determination under review; and 801 |
---|
873 | 873 | | “(3) The date, time, and location of the hearing. 802 |
---|
874 | 874 | | “(e) The District, through the Office of the Attorney General, may appeal a decision of 803 |
---|
875 | 875 | | the Real Property Tax Appeals Commission to the Superior Court of the District of Columbia 804 |
---|
876 | 876 | | within 90 days after the receipt of a written decision.”. 805 |
---|
877 | 877 | | (l) Section 16 (D.C. Official Code § 42-3131.16) is amended to read as follows: 806 |
---|
878 | 878 | | “(a) No less than once a week, the Mayor shall transmit to the Office of Tax and Revenue 807 |
---|
879 | 879 | | a list of buildings: 808 |
---|
880 | 880 | | “(1) Registered as vacant or blighted vacant; 809 |
---|
881 | 881 | | “(2) Designated as vacant or blighted vacant; and 810 |
---|
882 | 882 | | “(3) For which the time period to issue a notice of final determination under § 42-811 |
---|
883 | 883 | | 3131.15(b) has expired or a notice of final determination has been issued under § 42-3131.15 and 812 |
---|
884 | 884 | | administrative appeals have been exhausted or expired. 813 |
---|
885 | 885 | | “(b) The list shall be in the form and medium prescribed by the Office of Tax and 814 |
---|
886 | 886 | | Revenue. 815 |
---|
887 | 887 | | “(c) Buildings shall remain on the list required by this section until a change in 816 |
---|
888 | 888 | | classification is approved. 817 |
---|
889 | 889 | | 36 |
---|
890 | 890 | | |
---|
891 | 891 | | “(d) The Mayor and the Office of Tax and Revenue shall develop a procedure to reconcile 818 |
---|
892 | 892 | | any material differences between information retained by the Department of Buildings regarding 819 |
---|
893 | 893 | | buildings registered as vacant or designated as blighted vacant, and buildings taxed as Class 3 or 820 |
---|
894 | 894 | | 4, on at least a monthly basis.”. 821 |
---|
895 | 895 | | (m) Section 17 (D.C. Official Code § 42-3131.17) is repealed. 822 |
---|
896 | 896 | | (n) Section 18 (D.C. Official Code § 42-3131.18) is amended to read as follows: 823 |
---|
897 | 897 | | “Sec. 18. Publication of vacant and blighted vacant building information by the 824 |
---|
898 | 898 | | Department. 825 |
---|
899 | 899 | | “(a) The Department of Buildings shall maintain, on a publicly available website, a 826 |
---|
900 | 900 | | database or list of vacant and blighted buildings. The database or list shall, at a minimum, 827 |
---|
901 | 901 | | contain the following information: 828 |
---|
902 | 902 | | “(1) The address of the building, including the square, suffix, and lot number of 829 |
---|
903 | 903 | | the property on which the building is located; 830 |
---|
904 | 904 | | “(2) The Advisory Neighborhood Commission and Ward in which the building is 831 |
---|
905 | 905 | | located; 832 |
---|
906 | 906 | | “(3) The date on which the building was determined to be a vacant or blighted 833 |
---|
907 | 907 | | vacant building or registered as a vacant or blighted vacant building pursuant to § 42-3131.06; 834 |
---|
908 | 908 | | “(4) The type of exemption the building has received, the date on which the 835 |
---|
909 | 909 | | building received an exemption, and the number of half tax years the building has been exempt, 836 |
---|
910 | 910 | | if applicable; 837 |
---|
911 | 911 | | “(5) The number of months the building has been registered vacant or designated 838 |
---|
912 | 912 | | as blighted vacant; 839 |
---|
913 | 913 | | “(6) The last date on which the property was inspected by the Department; and 840 |
---|
914 | 914 | | 37 |
---|
915 | 915 | | |
---|
916 | 916 | | “(7) The current tax classification of the property.”. 841 |
---|
917 | 917 | | (o) Sec. 19 (D.C. Official Code § 42-3131.19) is repealed. 842 |
---|
918 | 918 | | (p) A new section 20 (D.C. Official Code § 42-3131.20) is added to read as follows: 843 |
---|
919 | 919 | | “Sec. 20. Vacant and blighted vacant building receivership. 844 |
---|
920 | 920 | | “(a) The Mayor may petition the Superior Court of the District of Columbia for the 845 |
---|
921 | 921 | | appointment of a receiver to rehabilitate, demolish, or sell a vacant or blighted vacant building, 846 |
---|
922 | 922 | | upon the occurrence of any of the following, each of which is deemed a nuisance per se: 847 |
---|
923 | 923 | | “(1) The vacant building has been registered as vacant for at least 12 months, 848 |
---|
924 | 924 | | excluding any exemptions provided pursuant to § 42–3131.6a, and at least one notice of 849 |
---|
925 | 925 | | infraction for which a final order has been issued by the Office of Administrative Hearings has 850 |
---|
926 | 926 | | not been abated by the owner 30 days after the issuance of the final order; 851 |
---|
927 | 927 | | “(2) The vacant building has been registered as vacant for at least 36 months, 852 |
---|
928 | 928 | | excluding any exemptions provided pursuant to § 42–3131.6a; 853 |
---|
929 | 929 | | “(3) The blighted vacant building has been designated as blighted vacant for at 854 |
---|
930 | 930 | | least 12 months, excluding any exemptions provided pursuant to § 42–3131.6a; or 855 |
---|
931 | 931 | | “(4) The vacant or blighted vacant building is subject to a condemnation order by 856 |
---|
932 | 932 | | the Board for the Condemnation of Insanitary Buildings pursuant to § 6-903. 857 |
---|
933 | 933 | | “(b) The Mayor shall give notice to the owner of the building no less than 90 days prior 858 |
---|
934 | 934 | | to the filing of a petition. 859 |
---|
935 | 935 | | “(c) The petition for appointment of a receiver shall include: 860 |
---|
936 | 936 | | “(1) A copy of the registration form or designation form; 861 |
---|
937 | 937 | | “(2) A copy of the final order from the Office of Administrative Hearings, if 862 |
---|
938 | 938 | | applicable; and 863 |
---|
939 | 939 | | 38 |
---|
940 | 940 | | |
---|
941 | 941 | | “(3) A verified pleading that identifies and states the qualifications of the 864 |
---|
942 | 942 | | proposed receiver. 865 |
---|
943 | 943 | | “(c) The petition for the appointment of a receiver shall name as respondents: 866 |
---|
944 | 944 | | “(1) The owner of the property; 867 |
---|
945 | 945 | | “(2) Any lien holder of record; and 868 |
---|
946 | 946 | | “(3)(A) The plaintiff in a proceeding to foreclose the right of redemption. 869 |
---|
947 | 947 | | “(B) Failure to name the plaintiff shall not prevent the action from going 870 |
---|
948 | 948 | | forward but shall prevent the receiver’s lien for expenses incurred from rehabilitating, 871 |
---|
949 | 949 | | demolishing, or selling the building from having priority over the plaintiff’s lien interest. 872 |
---|
950 | 950 | | “(d)(1) After filing a petition and before a receiver is appointed, the Mayor shall 873 |
---|
951 | 951 | | give notice of pendency and nature of the proceedings by certified mail to the last known 874 |
---|
952 | 952 | | addresses of all judgment creditors and lien holders with a recorded interest in the property. This 875 |
---|
953 | 953 | | notice is not required for respondents named under subsection (c) of this section. 876 |
---|
954 | 954 | | “(2) Within 30 days after the date on which the notice was mailed, a judgment 877 |
---|
955 | 955 | | creditor or lien holder with a recorded interest in the property may apply to intervene in the 878 |
---|
956 | 956 | | proceeding and to be appointed a receiver. A creditor or lien holder whose interest is not recorded 879 |
---|
957 | 957 | | does not have standing to intervene in the proceeding and is not eligible to be appointed a 880 |
---|
958 | 958 | | receiver. 881 |
---|
959 | 959 | | “(3) Failure to give notice to any judgment creditors or lien holders as required by 882 |
---|
960 | 960 | | this subsection shall not prevent the action from going forward but shall prevent the receiver’s 883 |
---|
961 | 961 | | lien for expenses incurred from rehabilitating, demolishing, or selling the building from having 884 |
---|
962 | 962 | | priority over that person’s lien interest. 885 |
---|
963 | 963 | | 39 |
---|
964 | 964 | | |
---|
965 | 965 | | “(e)(1) Instead of appointing a receiver to rehabilitate, demolish, or sell the building, the 886 |
---|
966 | 966 | | Court may permit an owner, mortgagee, or other person with an interest in the property to 887 |
---|
967 | 967 | | rehabilitate or demolish it, if the person: 888 |
---|
968 | 968 | | “(A) Demonstrates the ability to complete the rehabilitation or demolition 889 |
---|
969 | 969 | | within a reasonable time; 890 |
---|
970 | 970 | | “(B) Agrees to comply with a specified schedule for rehabilitation or 891 |
---|
971 | 971 | | demolition of the building; and 892 |
---|
972 | 972 | | “(C) Posts bond, in an amount determined by the court, as security for the 893 |
---|
973 | 973 | | performance of the required work in compliance with a specified schedule. 894 |
---|
974 | 974 | | “(2)(A) The Mayor may apply to the court for immediate revocation of a person’s 895 |
---|
975 | 975 | | appointment pursuant to this subsection if the person appointed is not proceeding with due 896 |
---|
976 | 976 | | diligence or in compliance with the specified schedule. 897 |
---|
977 | 977 | | “(B) In the event that the court revokes the person’s appointment and 898 |
---|
978 | 978 | | appoints a receiver, the bond posted under subparagraph (C) of paragraph (1) of this subsection 899 |
---|
979 | 979 | | shall be applied to the subsequently appointed receiver’s expenses for rehabilitating, 900 |
---|
980 | 980 | | demolishing, or selling the building. 901 |
---|
981 | 981 | | “(f)(1) If no qualified person with an ownership interest requests an appointment to 902 |
---|
982 | 982 | | rehabilitate or demolish the property, or if an appointee is dismissed, the court shall appoint a 903 |
---|
983 | 983 | | receiver of the property for the purposes of rehabilitating and managing the property, 904 |
---|
984 | 984 | | demolishing the property, or selling it to a qualified bidder. 905 |
---|
985 | 985 | | “(2) On the appointment of a receiver to rehabilitate, demolish, or sell the 906 |
---|
986 | 986 | | property, all parties are divested from any authority to act in furtherance of those goals. 907 |
---|
987 | 987 | | 40 |
---|
988 | 988 | | |
---|
989 | 989 | | “(3) A receiver appointed to rehabilitate, demolish, or sell a vacant building has 908 |
---|
990 | 990 | | no duty to, and is not personally liable for failing to, maintain the property or protect the property 909 |
---|
991 | 991 | | from casualty or loss. 910 |
---|
992 | 992 | | “(g) A receiver appointed to rehabilitate or demolish a vacant building, in addition to all 911 |
---|
993 | 993 | | necessary and customary powers, has the right of possession with authority to: 912 |
---|
994 | 994 | | “(1) Contract for necessary labor and supplies for rehabilitation or demolition. 913 |
---|
995 | 995 | | “(2) Borrow money for rehabilitation or demolition from an approved lending 914 |
---|
996 | 996 | | institution or through a government agency or program, using the receiver’s lien against the 915 |
---|
997 | 997 | | property as security; 916 |
---|
998 | 998 | | “(3) Manage the property for a period of up to 2 years and apply the rent received 917 |
---|
999 | 999 | | to current operating expenses and to repayment of outstanding rehabilitation expenses; and 918 |
---|
1000 | 1000 | | “(4) Foreclose on the receiver’s lien or accept a deed in lieu of foreclosure. 919 |
---|
1001 | 1001 | | “(h)(1) A receiver appointed to sell a vacant building, in addition to all necessary and 920 |
---|
1002 | 1002 | | customary powers, may sell the property to the high bidder at public auction. 921 |
---|
1003 | 1003 | | “(2) The receiver must post a notice of a public auction 60 days prior to the date 922 |
---|
1004 | 1004 | | on which the auction will be held. The notice must contain: 923 |
---|
1005 | 1005 | | “(A) The address of each building for sale at the public auction; 924 |
---|
1006 | 1006 | | “(B) A description of each building for sale at the public auction, including 925 |
---|
1007 | 1007 | | the size and type of the building; and 926 |
---|
1008 | 1008 | | “(C) Any other information deemed necessary by the receiver. 927 |
---|
1009 | 1009 | | “(3) The minimum bid required to purchase a building at a public auction shall be 928 |
---|
1010 | 1010 | | $5,000. 929 |
---|
1011 | 1011 | | 41 |
---|
1012 | 1012 | | |
---|
1013 | 1013 | | “(4) Before any sale, applicants to bid in a public auction or the proposed buyer in 930 |
---|
1014 | 1014 | | a private sale must demonstrate that: 931 |
---|
1015 | 1015 | | “(A) The applicants or proposed buyer have financial resources available 932 |
---|
1016 | 1016 | | to rehabilitate the property; 933 |
---|
1017 | 1017 | | “(B) The applicants or proposed buyer have experience rehabilitating 934 |
---|
1018 | 1018 | | properties or have a contract or agreement with a person or organization that has experience 935 |
---|
1019 | 1019 | | rehabilitating properties; and 936 |
---|
1020 | 1020 | | “(C) The applicants or proposed buyers do not have any outstanding 937 |
---|
1021 | 1021 | | property maintenance violations in the District, if applicable. 938 |
---|
1022 | 1022 | | “(5) The receiver may charge a reasonable fee to applicants in connection with an 939 |
---|
1023 | 1023 | | application to bid at a public auction or in connection with the solicitation of offers for a private 940 |
---|
1024 | 1024 | | sale. 941 |
---|
1025 | 1025 | | “(6) After deducting the expenses of the sale, the amount of outstanding taxes and 942 |
---|
1026 | 1026 | | other government assessments, and the amount of the receiver’s lien, the receiver must apply the 943 |
---|
1027 | 1027 | | remaining proceeds of the sale, first to the petitioner’s costs and expenses, and then to the liens 944 |
---|
1028 | 1028 | | against the property in order of priority. 945 |
---|
1029 | 1029 | | “(i)(1) Any costs or fees incurred by the receiver for purposes of rehabilitating, 946 |
---|
1030 | 1030 | | demolishing, or selling a building pursuant to this subsection shall be a lien against the property. 947 |
---|
1031 | 1031 | | The receiver’s lien shall have priority over all other liens and encumbrances, except taxes or 948 |
---|
1032 | 1032 | | other government assessments. The receiver must allow the Mayor’s costs and expenses, 949 |
---|
1033 | 1033 | | including reasonable attorney’s fees, to be paid to the extent that proceeds of a sale permit. 950 |
---|
1034 | 1034 | | “(2) A receiver may foreclose on the lien by a sale of the building at a public 951 |
---|
1035 | 1035 | | auction. After deducting the expenses of the sale, the receiver must apply the proceeds of the sale 952 |
---|
1036 | 1036 | | 42 |
---|
1037 | 1037 | | |
---|
1038 | 1038 | | to the liens against the building, in order of priority. In lieu of foreclosure, and only if the 953 |
---|
1039 | 1039 | | receiver has rehabilitated the building, an owner may pay the receiver’s costs, fees, including 954 |
---|
1040 | 1040 | | attorney’s fees, and expenses or may transfer all ownership in the property to either the receiver 955 |
---|
1041 | 1041 | | or an agreed-on third party for an amount agreed to by all parties to the receivership as being the 956 |
---|
1042 | 1042 | | property’s fair market value. 957 |
---|
1043 | 1043 | | “(j) Following court ratification of a sale made pursuant to subsection (h) of this section, 958 |
---|
1044 | 1044 | | the receiver must sign a deed conveying title to the buyer, free and clear of all liens, judgments 959 |
---|
1045 | 1045 | | and other encumbrances. On court ratification of the sale, any secured interest of a lien or 960 |
---|
1046 | 1046 | | judgment creditor automatically attaches to the proceeds from the sale to the extent that those 961 |
---|
1047 | 1047 | | proceeds are available. 962 |
---|
1048 | 1048 | | “(k) Upon sale of the property, the receiver must: 963 |
---|
1049 | 1049 | | “(1) File with the court a final accounting; and 964 |
---|
1050 | 1050 | | “(2) At the same time, file a motion with the court to dismiss the action. 965 |
---|
1051 | 1051 | | “(l) The Mayor may contract with a nonprofit or for-profit organization to act as a 966 |
---|
1052 | 1052 | | receiver pursuant to this section; provided, that any organization acting as a receiver must: 967 |
---|
1053 | 1053 | | “(1) Not be delinquent on any fees, fines, taxes, or financial penalties owed to the 968 |
---|
1054 | 1054 | | District; and 969 |
---|
1055 | 1055 | | “(2) Have demonstrated experience with the management or sale of residential or 970 |
---|
1056 | 1056 | | commercial properties; or 971 |
---|
1057 | 1057 | | “(3) If the receiver will rehabilitate or demolish properties, have demonstrated 972 |
---|
1058 | 1058 | | experience in the rehabilitation or demolition of residential or commercial properties.”. 973 |
---|
1059 | 1059 | | (q) A new section 21 (D.C. Official Code § 42-3131.21) is added to read as follows: 974 |
---|
1060 | 1060 | | “Sec. 21. Vacant and Blighted Building Report and Plan. 975 |
---|
1061 | 1061 | | 43 |
---|
1062 | 1062 | | |
---|
1063 | 1063 | | “(a) By January 1, 2026, the Mayor shall submit a report to the Council containing the 976 |
---|
1064 | 1064 | | following information: 977 |
---|
1065 | 1065 | | “(1) A description of predictive statistical models that could be used to identify 978 |
---|
1066 | 1066 | | properties at risk of becoming vacant or blighted, as well as the data sources and information 979 |
---|
1067 | 1067 | | technology infrastructure necessary to effectively implement these models; 980 |
---|
1068 | 1068 | | “(2) A detailed description of proactive measures utilized by other jurisdictions in 981 |
---|
1069 | 1069 | | the United States to enforce vacant and blighted property registration ordinances; and 982 |
---|
1070 | 1070 | | “(3) An analysis and determination of the feasibility of utilizing proactive 983 |
---|
1071 | 1071 | | measures to enforce the District’s laws regarding registration and maintenance of vacant and 984 |
---|
1072 | 1072 | | blighted buildings. 985 |
---|
1073 | 1073 | | “(b) By January 1, 2027, and every three years thereafter, the Mayor shall submit a 986 |
---|
1074 | 1074 | | vacant and blighted property rehabilitation strategic plan to the Council. In developing the 987 |
---|
1075 | 1075 | | strategic plan, the Mayor shall: 988 |
---|
1076 | 1076 | | “(1) Analyze the extent and nature of interagency collaboration among District 989 |
---|
1077 | 1077 | | agencies with respect to: 990 |
---|
1078 | 1078 | | “(A) Enforcing legal requirements related to vacant and blighted buildings 991 |
---|
1079 | 1079 | | in the District; and 992 |
---|
1080 | 1080 | | “(B) Incentivizing the successful redevelopment or rehabilitation of vacant 993 |
---|
1081 | 1081 | | and blighted buildings; 994 |
---|
1082 | 1082 | | “(2) Review the use and effectiveness of existing incentives in the District that 995 |
---|
1083 | 1083 | | support the redevelopment or rehabilitation of vacant and blighted buildings; 996 |
---|
1084 | 1084 | | “(3) Review best practices for preventing vacancy and blight, and best practices 997 |
---|
1085 | 1085 | | for redeveloping or rehabilitating vacant and blighted buildings; 998 |
---|
1086 | 1086 | | 44 |
---|
1087 | 1087 | | |
---|
1088 | 1088 | | “(4) Develop and refine performance metrics that measure the effectiveness of the 999 |
---|
1089 | 1089 | | District’s programs, interventions, and incentives regarding vacant and blighted properties; and 1000 |
---|
1090 | 1090 | | “(5) Consult with stakeholders, including the following: 1001 |
---|
1091 | 1091 | | “(A) Advisory Neighborhood Commissions; 1002 |
---|
1092 | 1092 | | “(B) Organizations with significant experience redeveloping or 1003 |
---|
1093 | 1093 | | rehabilitating vacant or blighted buildings; and 1004 |
---|
1094 | 1094 | | “(C) Organizations or individuals with policy or research expertise on: 1005 |
---|
1095 | 1095 | | “(i) Implementing strategic code enforcement programs; 1006 |
---|
1096 | 1096 | | “(ii) Development incentives; and 1007 |
---|
1097 | 1097 | | “(iii) Developing performance measures.”. 1008 |
---|
1098 | 1098 | | (r) A new section 22 (D.C. Official Code § 42-3131.22) is added to read as follows: 1009 |
---|
1099 | 1099 | | “Sec. 22. Rules. 1010 |
---|
1100 | 1100 | | “The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to 1011 |
---|
1101 | 1101 | | implement the provisions of this chapter. The proposed rules shall be submitted to the Council 1012 |
---|
1102 | 1102 | | for a 45-day period of review, excluding days of Council recess. If the Council does not approve 1013 |
---|
1103 | 1103 | | or disapprove of the proposed rules, by resolution, within the 45-day review period, the proposed 1014 |
---|
1104 | 1104 | | rules shall be deemed approved.”. 1015 |
---|
1105 | 1105 | | Sec. 302. Section 47-825.01a(e)(1)(B) of the District of Columbia Official Code is 1016 |
---|
1106 | 1106 | | amended to read as follows: 1017 |
---|
1107 | 1107 | | “(B)(i) If an owner is aggrieved by a notice of final determination issued 1018 |
---|
1108 | 1108 | | pursuant to §42-3131.15 or the time period to issue a notice of final determination under that 1019 |
---|
1109 | 1109 | | section has expired, the owner may file an appeal on the determination of vacancy with the 1020 |
---|
1110 | 1110 | | Commission within 15 days after the date of the notice or expiration. The Commission may not 1021 |
---|
1111 | 1111 | | 45 |
---|
1112 | 1112 | | |
---|
1113 | 1113 | | extend the time to file an appeal. Notwithstanding any other provision of this section, the 1022 |
---|
1114 | 1114 | | Commission shall render a decision on the appeal within 120 days after the filing. 1023 |
---|
1115 | 1115 | | “(ii) An appeal to the Commission under this subparagraph shall be 1024 |
---|
1116 | 1116 | | on the same terms and under the same conditions, to the extent reasonable, as if the appeal were 1025 |
---|
1117 | 1117 | | brought under subparagraph (A) of this paragraph; except, that no worksheet shall be required to 1026 |
---|
1118 | 1118 | | be mailed, the Department of Buildings shall be the responsible agency, and any supplemental 1027 |
---|
1119 | 1119 | | filing shall be provided to the Commission and the Department of Buildings. 1028 |
---|
1120 | 1120 | | “(iii) A response from the Department of Buildings shall be 1029 |
---|
1121 | 1121 | | available for inspection at least 7 days before the scheduled hearing. 1030 |
---|
1122 | 1122 | | “(iv) The Department of Buildings shall have the authority, as 1031 |
---|
1123 | 1123 | | provided to OTR under subsection (f) of this section, to make redeterminations of vacancy and 1032 |
---|
1124 | 1124 | | blight and any reclassifications that may be necessary. 1033 |
---|
1125 | 1125 | | “(v) The Department of Buildings shall be entitled to a rehearing to 1034 |
---|
1126 | 1126 | | establish the proper status, vacant or blight, and tax classification of the real property under the 1035 |
---|
1127 | 1127 | | same conditions and to the same extent under paragraph (6) of this subsection; provided, that 1036 |
---|
1128 | 1128 | | paragraph (6)(D) of this subsection shall not apply.”. 1037 |
---|
1129 | 1129 | | TITLE IV. VACANT AND BLIGHTED PROPERTY INCENTIVES AND TAXES. 1038 |
---|
1130 | 1130 | | SUBTITLE A. EXPEDITED PERMIT REVIEW FOR VACANT AND BLIGHTED 1039 |
---|
1131 | 1131 | | PROPERTIES. 1040 |
---|
1132 | 1132 | | Sec. 401. (a) The Construction Codes Approval and Amendments Act of 1986, effective 1041 |
---|
1133 | 1133 | | March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended by adding a 1042 |
---|
1134 | 1134 | | new section 10e to read as follows: 1043 |
---|
1135 | 1135 | | “Sec. 10e. Expedited permit review for vacant and blighted vacant properties. 1044 |
---|
1136 | 1136 | | 46 |
---|
1137 | 1137 | | |
---|
1138 | 1138 | | “(a) No later than 180 days after the effective date of the Vacant to Vibrant Amendment 1045 |
---|
1139 | 1139 | | Act of 2024, the Department shall establish an expedited permit review process for permits 1046 |
---|
1140 | 1140 | | described in subsection (b) of this section; provided, that the expedited permit review process 1047 |
---|
1141 | 1141 | | shall only apply to permits for Class 3 and Class 4 properties. 1048 |
---|
1142 | 1142 | | “(b) The following permits shall be eligible for an expedited permit review process 1049 |
---|
1143 | 1143 | | established pursuant to subsection (a) of this section: 1050 |
---|
1144 | 1144 | | “(1) A demolition permit; 1051 |
---|
1145 | 1145 | | “(2) A raze permit; 1052 |
---|
1146 | 1146 | | “(3) An addition, alteration, and repair permit; 1053 |
---|
1147 | 1147 | | “(4) An alteration and repair permit; 1054 |
---|
1148 | 1148 | | “(5) A sheeting and shoring permit; 1055 |
---|
1149 | 1149 | | “(6) A new building permit; and 1056 |
---|
1150 | 1150 | | “(7) Trade permits. 1057 |
---|
1151 | 1151 | | “(c) The Department shall not charge additional fees beyond the standard permit fees for 1058 |
---|
1152 | 1152 | | eligible applicants to utilize the expedited permit review process established pursuant subsection 1059 |
---|
1153 | 1153 | | (a) of this section.”. 1060 |
---|
1154 | 1154 | | SUBTITLE B. VACANT AND BLIGHTED PROPERTY TAX RATES. 1061 |
---|
1155 | 1155 | | Sec. 402. Section 47-812 of the District of Columbia Official Code is amended by 1062 |
---|
1156 | 1156 | | adding a new subsection (b-13) to read as follows: 1063 |
---|
1157 | 1157 | | “(b-13)(1) Notwithstanding the provisions of subsection (a) of this section, the sum of 1064 |
---|
1158 | 1158 | | real property tax rates and special property tax rates for taxable Class 3 properties in the District 1065 |
---|
1159 | 1159 | | of Columbia for the tax year beginning October 1, 2025, and each tax year thereafter, shall be as 1066 |
---|
1160 | 1160 | | follows: 1067 |
---|
1161 | 1161 | | 47 |
---|
1162 | 1162 | | |
---|
1163 | 1163 | | “(A) For the first year in which the property is registered as vacant, the tax 1068 |
---|
1164 | 1164 | | rate shall be the applicable tax rate for a Class 1A, Class 1B, or Class 2 property. 1069 |
---|
1165 | 1165 | | “(B) For the second year in which the property is registered as vacant, the 1070 |
---|
1166 | 1166 | | tax rate shall be $3 for each $100 of assessed value. 1071 |
---|
1167 | 1167 | | “(C) For the third year in which the property is registered as vacant, the 1072 |
---|
1168 | 1168 | | tax rate shall be $4 for each $100 of assessed value. 1073 |
---|
1169 | 1169 | | “(D) For the fourth year, and any subsequent years, in which the property 1074 |
---|
1170 | 1170 | | is registered as vacant, the tax rate shall be $5 for each $100 of assessed value. 1075 |
---|
1171 | 1171 | | “(2) Notwithstanding the provisions of subsection (a) of this section, the sum of 1076 |
---|
1172 | 1172 | | the real property tax rates and special real property tax rates for taxable Class 4 Properties in the 1077 |
---|
1173 | 1173 | | District of Columbia for the tax year beginning October 1, 2025, and each year thereafter, shall 1078 |
---|
1174 | 1174 | | be as follows: 1079 |
---|
1175 | 1175 | | “(A) For the first year in which the property is designated as blighted 1080 |
---|
1176 | 1176 | | vacant, the tax rate shall be the tax rate for a Class 1A, Class 1B, or Class 2 property. 1081 |
---|
1177 | 1177 | | “(B) For the second year in which the property is designated as blighted 1082 |
---|
1178 | 1178 | | vacant, the tax rate shall be $6 for each $100 of assessed value. 1083 |
---|
1179 | 1179 | | “(C) For the third year in which the property is designated as blighted 1084 |
---|
1180 | 1180 | | vacant, the tax rate shall be $8 for each $100 of assessed value. 1085 |
---|
1181 | 1181 | | “(D) For the fourth year, and any subsequent years, in which the property 1086 |
---|
1182 | 1182 | | is designated as blighted vacant, the tax rate shall be $10 for each $100 of assessed value.”. 1087 |
---|
1183 | 1183 | | SUBTITLE C. TAX SALE PROCEDURE FOR VACANT AND BLIGHTED 1088 |
---|
1184 | 1184 | | PROPERTIES. 1089 |
---|
1185 | 1185 | | 48 |
---|
1186 | 1186 | | |
---|
1187 | 1187 | | Sec. 403. Chapter 13A of Title 47 of the District of Columbia Official Code is amended 1090 |
---|
1188 | 1188 | | as follows: 1091 |
---|
1189 | 1189 | | (a) The table of contents is amended by adding the following at the end: 1092 |
---|
1190 | 1190 | | “Subchapter V. Procedures for Class 3 and 4 Properties. 1093 |
---|
1191 | 1191 | | “§ 47-1390. Eligibility to foreclose on a Class 3 or 4 Property. 1094 |
---|
1192 | 1192 | | “§ 47-1391. Pre-foreclosure action notice; publication requirements. 1095 |
---|
1193 | 1193 | | “§ 47-1392. Parties. 1096 |
---|
1194 | 1194 | | “§ 47-1393. Complaint form; notice to certain persons. 1097 |
---|
1195 | 1195 | | “§ 47-1394. Foreclosure proceedings; right of redemption. 1098 |
---|
1196 | 1196 | | “§ 47-1395. Tax sale notice; bidder qualifications; excess; tax deed.”. 1099 |
---|
1197 | 1197 | | (b) Section 47-1330 is amended as follows: 1100 |
---|
1198 | 1198 | | (1) New paragraphs (1A) and (1B) are added to read as follows: 1101 |
---|
1199 | 1199 | | “(1A) “Class 3 property” shall have the same meaning as § 47–813(c-9)(4)(A). 1102 |
---|
1200 | 1200 | | “(1B) “Class 4 property” shall have the same meaning as § 47–813(c-9)(5)(A).”. 1103 |
---|
1201 | 1201 | | (c) Section 47-1332 is amended as follows: 1104 |
---|
1202 | 1202 | | (1) Subsection (c) is amended to read as follows: 1105 |
---|
1203 | 1203 | | “(c) The Mayor shall not sell any real property if: 1106 |
---|
1204 | 1204 | | “(1) A forbearance authorization has been approved in writing by the Mayor for 1107 |
---|
1205 | 1205 | | the applicable tax sale; 1108 |
---|
1206 | 1206 | | “(2) The owner enters into a payment plan pursuant to § 47-870 prior to the date 1109 |
---|
1207 | 1207 | | of the tax sale; 1110 |
---|
1208 | 1208 | | “(3) For an improved Class 1A or 1B Property, the tax amount to be sold is less 1111 |
---|
1209 | 1209 | | than $7,500; 1112 |
---|
1210 | 1210 | | 49 |
---|
1211 | 1211 | | |
---|
1212 | 1212 | | “(4) The real property is a Class 1A or 1B Property that is receiving a homestead 1113 |
---|
1213 | 1213 | | deduction, with respect to which there is an outstanding non-void certificate of sale; provided, 1114 |
---|
1214 | 1214 | | that no real property shall be excluded from sale solely pursuant to this paragraph if the non-void 1115 |
---|
1215 | 1215 | | certificate of sale has been outstanding for 3 years or more; or 1116 |
---|
1216 | 1216 | | “(5) For a Class 3 or Class 4 property, the owner has been delinquent for less than 1117 |
---|
1217 | 1217 | | one year.”. 1118 |
---|
1218 | 1218 | | (2) Subsection (e)(3)(A) is amended to read as follows: 1119 |
---|
1219 | 1219 | | “(3)(A) The Mayor shall approve an application if the real property receives a 1120 |
---|
1220 | 1220 | | homestead deduction and the tax amount to be sold is less than or equal to $12,500.”. 1121 |
---|
1221 | 1221 | | (d) New sections 47-1390 through 47-1396 are added to read as follows: 1122 |
---|
1222 | 1222 | | “Sec. 47-1390. Eligibility to foreclose on a Class 3 or 4 Property. 1123 |
---|
1223 | 1223 | | “After the expiration of one year from the date of delinquency, the Mayor may file a 1124 |
---|
1224 | 1224 | | complaint with the Superior Court to foreclose on a tax certificate or certificates for a Class 3 or 1125 |
---|
1225 | 1225 | | 4 property.”. 1126 |
---|
1226 | 1226 | | “Sec. 47-1391. Pre-foreclosure action notice; publication requirements. 1127 |
---|
1227 | 1227 | | “(a)(1) No less than 90 days prior to the filing of a complaint with the Court pursuant to § 1128 |
---|
1228 | 1228 | | 47-1393, the Mayor shall send written notice to the owner of record of the property at such 1129 |
---|
1229 | 1229 | | owner’s mailing address as updated in OTR’s real property records.. 1130 |
---|
1230 | 1230 | | (A) The notice shall inform the owner of the intent to file a complaint to 1131 |
---|
1231 | 1231 | | foreclose on the tax certificate or certificates. The notice shall also contain the amount due as of 1132 |
---|
1232 | 1232 | | the day of the notice, and state that the owner may pay the amount due, together with any 1133 |
---|
1233 | 1233 | | additional interest, which may be owed prior to the filing date to halt any foreclosure action. 1134 |
---|
1234 | 1234 | | 50 |
---|
1235 | 1235 | | |
---|
1236 | 1236 | | “(2) The written notice pursuant to paragraph (1) of this subsection shall be sent 1135 |
---|
1237 | 1237 | | by first class mail. 1136 |
---|
1238 | 1238 | | “(b) At any time after 60 days from the mailing of the notice required in subsection (a) of 1137 |
---|
1239 | 1239 | | this section, the Mayor shall cause to be advertised once in not less than 2 newspapers of general 1138 |
---|
1240 | 1240 | | circulation in the District that are published once every 2 weeks, notice that the listed properties 1139 |
---|
1241 | 1241 | | will subject to foreclosure proceedings due to delinquent real property taxes. 1140 |
---|
1242 | 1242 | | “Sec. 47-1392. Parties. 1141 |
---|
1243 | 1243 | | “(a) The plaintiff in an action to foreclose a Class 3 or 4 property pursuant to § 47-1394 1142 |
---|
1244 | 1244 | | shall be the District. 1143 |
---|
1245 | 1245 | | “(b) The defendants in an action to foreclose a Class 3 or 4 Property pursuant to § 47-1144 |
---|
1246 | 1246 | | 1394 shall be: 1145 |
---|
1247 | 1247 | | “(1) The record owner of the real property; 1146 |
---|
1248 | 1248 | | “(2) If the real property is encumbered by a recorded life tenancy, the record life 1147 |
---|
1249 | 1249 | | tenant and record remaindermen; 1148 |
---|
1250 | 1250 | | “(3) If the real property is subject to a recorded estate for life or a recorded lease 1149 |
---|
1251 | 1251 | | or ground rent for a term (with renewals) that is at least 30 years, the record owner of the fee 1150 |
---|
1252 | 1252 | | simple title and the owner of the possessory interest as disclosed by a search performed in 1151 |
---|
1253 | 1253 | | accordance with generally accepted standards of title examination of the records of the Recorder 1152 |
---|
1254 | 1254 | | of Deeds; 1153 |
---|
1255 | 1255 | | “(4) Any mortgagee of the real property, or any assignee of the mortgage of 1154 |
---|
1256 | 1256 | | record, named as such in an unreleased mortgage recorded in the records of the Recorder of 1155 |
---|
1257 | 1257 | | Deeds; 1156 |
---|
1258 | 1258 | | 51 |
---|
1259 | 1259 | | |
---|
1260 | 1260 | | “(5) The trustee of record under a deed of trust recorded against the real property 1157 |
---|
1261 | 1261 | | and a holder of a beneficial interest in a deed of trust who files notice of the interest, which 1158 |
---|
1262 | 1262 | | notice includes identification of the deed of trust, the book and page or roll and frame where the 1159 |
---|
1263 | 1263 | | deed of trust is recorded, and the current address at which the holder may be served with a 1160 |
---|
1264 | 1264 | | summons. 1161 |
---|
1265 | 1265 | | “(c) If the identity of an owner cannot be ascertained, the unknown owner of the real 1162 |
---|
1266 | 1266 | | property may be included may be included as a defendant by the designation: “Unknown owner 1163 |
---|
1267 | 1267 | | of real property (insert a description of the real property in substantially the same form as the 1164 |
---|
1268 | 1268 | | description that appears on the certificate of sale along with the street address, if any), the 1165 |
---|
1269 | 1269 | | unknown owner’s heirs, devisees, and personal representatives and their or any of their heirs, 1166 |
---|
1270 | 1270 | | devisees, executors, administrators, grantees, assigns, or successors in right, title and interest.” 1167 |
---|
1271 | 1271 | | “Sec. 47-1393. Complaint form; notice to certain persons. 1168 |
---|
1272 | 1272 | | “(a) A complaint filed to foreclose on a tax certificate or certificates for a Class 3 or 4 1169 |
---|
1273 | 1273 | | Property shall, for each property listed in the complaint, contain: 1170 |
---|
1274 | 1274 | | “(1) A description of the real property, by premises address, taxation square, 1171 |
---|
1275 | 1275 | | suffix, and lot number, or parcel and lot number; 1172 |
---|
1276 | 1276 | | “(2) The name(s) of the owner or owners of the property; 1173 |
---|
1277 | 1277 | | “(3) A statement of the amount of taxes owed, including interest and penalties; 1174 |
---|
1278 | 1278 | | and 1175 |
---|
1279 | 1279 | | “(4) A request that the Court pass a judgment to foreclose on right of redemption. 1176 |
---|
1280 | 1280 | | “(b) For each property listed in a complaint filed pursuant to subsection (a) of this 1177 |
---|
1281 | 1281 | | section, a copy of the written notice provided to the owner pursuant to § 47-1391(a) shall be 1178 |
---|
1282 | 1282 | | attached. 1179 |
---|
1283 | 1283 | | 52 |
---|
1284 | 1284 | | |
---|
1285 | 1285 | | “(c)(1) Upon filing a complaint with Superior Court pursuant to subsection (a) of this 1180 |
---|
1286 | 1286 | | section, the Mayor shall send written notice of the action to all persons having a recorded 1181 |
---|
1287 | 1287 | | interest, recorded claim, or recorded lien, including a recorded judgment, who have not been 1182 |
---|
1288 | 1288 | | made a defendant in the action. 1183 |
---|
1289 | 1289 | | “(2) The written notice required under paragraph (1) of this subsection shall be 1184 |
---|
1290 | 1290 | | sent by first class mail and shall include as an attachment thereto a copy of the summons and 1185 |
---|
1291 | 1291 | | complaint. 1186 |
---|
1292 | 1292 | | “(d) The Mayor shall file a statement that the notice provisions of subsection (c) of this 1187 |
---|
1293 | 1293 | | section have been complied with, or an affidavit stating that the address of the holder of the 1188 |
---|
1294 | 1294 | | subordinate interest is not reasonably ascertainable. 1189 |
---|
1295 | 1295 | | “Sec. 47-1394. Foreclosure proceedings; right of redemption. 1190 |
---|
1296 | 1296 | | “(a)(1) Any defendant listed under § 47-1392(b) may file an answer and defense to the 1191 |
---|
1297 | 1297 | | complaint within 30 after service of the notice and complaint. The answer may object to the 1192 |
---|
1298 | 1298 | | proposed foreclosure upon one or more of the following grounds only: 1193 |
---|
1299 | 1299 | | “(A) The real property is exempt from taxation or assessment pursuant to 1194 |
---|
1300 | 1300 | | § 47–1002; or 1195 |
---|
1301 | 1301 | | “(B) The delinquent taxes or assessments identified in the tax certificate or 1196 |
---|
1302 | 1302 | | certificates were in fact paid; 1197 |
---|
1303 | 1303 | | “(2) If an answer and defense is filed by any defendant or other interested person, 1198 |
---|
1304 | 1304 | | the matter shall be heard in a summary manner without other pleading, and the court shall 1199 |
---|
1305 | 1305 | | pronounce judgment. 1200 |
---|
1306 | 1306 | | “(b) Real property subject to a foreclosure proceeding pursuant to this section may be 1201 |
---|
1307 | 1307 | | redeemed at any time before the close of business before a judgment is entered, by payment, as 1202 |
---|
1308 | 1308 | | 53 |
---|
1309 | 1309 | | |
---|
1310 | 1310 | | prescribed by the Mayor, of the total amount of delinquent taxes, inclusive of interest and 1203 |
---|
1311 | 1311 | | penalties. 1204 |
---|
1312 | 1312 | | “(c) In the event that no answer by any person having a right to answer pursuant to 1205 |
---|
1313 | 1313 | | subsection (a) of this section is provided, the Court determines that the issue raised by the answer 1206 |
---|
1314 | 1314 | | of the defendant is without merit, or there is a failure to redeem pursuant to subsection (b) of this 1207 |
---|
1315 | 1315 | | section, the Court shall order the District to sell the property at a public auction to satisfy the 1208 |
---|
1316 | 1316 | | amount of lien, fees, and costs. 1209 |
---|
1317 | 1317 | | “(d) The Court shall tax as a part of the taxable costs all legal fees and charges 1210 |
---|
1318 | 1318 | | necessarily paid or incurred in procuring searches relative to the title of the real property, 1211 |
---|
1319 | 1319 | | prosecuting the foreclosure action, providing for a court-ordered sale (including advertising and 1212 |
---|
1320 | 1320 | | auctioneer fees) and securing and maintaining a guardian ad litem. 1213 |
---|
1321 | 1321 | | “(e) The District shall not be required to plead or prove various steps, proceedings, and 1214 |
---|
1322 | 1322 | | notices for the assessment and levy of taxes or assessments against the real property and all such 1215 |
---|
1323 | 1323 | | taxes and assessment shall be presumed to be valid. A defendant alleging any jurisdictional 1216 |
---|
1324 | 1324 | | defect or invalidity in the tax or assessment, because said real property was not liable to taxation 1217 |
---|
1325 | 1325 | | or assessment, must particularly specify in the defendant’s answer such jurisdictional defect or 1218 |
---|
1326 | 1326 | | invalidity and must affirmatively establish such defense. 1219 |
---|
1327 | 1327 | | “(f) A guardian ad litem shall be appointed to serve for all persons known or unknown 1220 |
---|
1328 | 1328 | | who have or may have an interest in the real property subject to a foreclosure action and who are 1221 |
---|
1329 | 1329 | | or may be minors or individuals adjudicated incompetent at the date of filing such a list. 1222 |
---|
1330 | 1330 | | “Sec. 47-1395. Tax sale notice; bidder qualifications; excess; tax deed. 1223 |
---|
1331 | 1331 | | “(a) No less than 90 days after a judgment is entered by the Court, the Mayor shall 1224 |
---|
1332 | 1332 | | publicly notice any Class 3 and 4 Properties that will be sold at a tax sale as follows: 1225 |
---|
1333 | 1333 | | 54 |
---|
1334 | 1334 | | |
---|
1335 | 1335 | | “(1) In not less than 2 newspapers of general circulation in the District that are 1226 |
---|
1336 | 1336 | | published once every 2 weeks, a public notice stating the listed real property will be sold at 1227 |
---|
1337 | 1337 | | public auction and at the place named in the public notice; and 1228 |
---|
1338 | 1338 | | “(2) A list of real property in the public notice on the Office of Tax and Revenue’s 1229 |
---|
1339 | 1339 | | website. 1230 |
---|
1340 | 1340 | | “(b) The list in the public notice shall contain the following: 1231 |
---|
1341 | 1341 | | “(1) A description of the real property, by premises address, taxation square, 1232 |
---|
1342 | 1342 | | suffix, and lot number, or parcel and lot number; 1233 |
---|
1343 | 1343 | | “(2) The name of the person who last appears on the Mayor’s tax roll as the owner 1234 |
---|
1344 | 1344 | | of the real property; 1235 |
---|
1345 | 1345 | | “(3) The minimum bid required to purchase the property at tax sale. 1236 |
---|
1346 | 1346 | | “(c) Before any sale, applicants to bid in a public auction must demonstrate that: 1237 |
---|
1347 | 1347 | | “(1) The applicants or proposed buyer have financial resources available to 1238 |
---|
1348 | 1348 | | rehabilitate the property; 1239 |
---|
1349 | 1349 | | “(2) The applicants or proposed buyer have experience rehabilitating properties or 1240 |
---|
1350 | 1350 | | have a contract or agreement with a person or organization that has experience rehabilitating 1241 |
---|
1351 | 1351 | | properties; 1242 |
---|
1352 | 1352 | | “(3) The applicants or proposed buyer do not have any unresolved notices of 1243 |
---|
1353 | 1353 | | infraction related to property maintenance violations in the District, if applicable; and 1244 |
---|
1354 | 1354 | | “(4) The applicant is current on all taxes and liabilities owed to the District. 1245 |
---|
1355 | 1355 | | “(d) Real property sold at tax sale pursuant to this section shall be sold “as is.” There is 1246 |
---|
1356 | 1356 | | no guarantee or warranty of any kind, express or implied, relative to: Title, eligibility to build 1247 |
---|
1357 | 1357 | | 55 |
---|
1358 | 1358 | | |
---|
1359 | 1359 | | upon or subdivide the property; zoning classification; size; location; fitness for any use or 1248 |
---|
1360 | 1360 | | purpose; or any other feature or condition of a foreclosed property sold pursuant to this section. 1249 |
---|
1361 | 1361 | | “(e) If the highest bid for a property sold pursuant to this section exceeds the minimum 1250 |
---|
1362 | 1362 | | bid due upon the whole property, the excess must be refunded, following payment of any 1251 |
---|
1363 | 1363 | | recorded liens, to the owner of the record of the property. In the event that no claim for the 1252 |
---|
1364 | 1364 | | excess is received by the Mayor within three years after the date of the sale, the Chief Financial 1253 |
---|
1365 | 1365 | | Officer shall deposit the excess in the General Fund of the District of Columbia. 1254 |
---|
1366 | 1366 | | “(f) The Mayor shall issue a deed for any property purchased by a bidder at a tax sale 1255 |
---|
1367 | 1367 | | held pursuant to this section. The deed shall be prima facie evidence of a good and perfect title in 1256 |
---|
1368 | 1368 | | fee simple to the real property.”. 1257 |
---|
1369 | 1369 | | SUBTITLE D. VACANT AND BLIGHTED HOME REVITALIZATION TAX 1258 |
---|
1370 | 1370 | | CREDIT. 1259 |
---|
1371 | 1371 | | Sec. 404. Title 47 of the District of Columbia Official Code is amended as follows: 1260 |
---|
1372 | 1372 | | (a) The table of contents is amended by adding a new chapter designation to read as 1261 |
---|
1373 | 1373 | | follows: 1262 |
---|
1374 | 1374 | | “19. Vacant and Blighted Property Rehabilitation Credit.” 1263 |
---|
1375 | 1375 | | (b) A new chapter 19 is added to read as follows: 1264 |
---|
1376 | 1376 | | “CHAPTER 19. VACANT AND BLIGHTED PROPERTY REHABILITATION 1265 |
---|
1377 | 1377 | | CREDIT. 1266 |
---|
1378 | 1378 | | “47-1819.01. Definitions. 1267 |
---|
1379 | 1379 | | “47-1819.02. Credit Established. 1268 |
---|
1380 | 1380 | | “47-1819.03. Annual Cap. 1269 |
---|
1381 | 1381 | | “47-1819.04. Application and Mayoral Certification. 1270 |
---|
1382 | 1382 | | 56 |
---|
1383 | 1383 | | |
---|
1384 | 1384 | | “Sec. 47-1819.01. Definitions. 1271 |
---|
1385 | 1385 | | “For purposes of sections § 47–1806.17a through 47-1806.17g, the term: 1272 |
---|
1386 | 1386 | | “(1) “Area median family income” means the median family income for the 1273 |
---|
1387 | 1387 | | Washington Metropolitan Statistical Area as set forth by the United States Department of 1274 |
---|
1388 | 1388 | | Housing and Urban Development, adjusted for household size. 1275 |
---|
1389 | 1389 | | “(2) “Class 3 property” shall have the same meaning as § 47–813(c-9)(4)(A). 1276 |
---|
1390 | 1390 | | “(3) “Class 4 property” shall have the same meaning as § 47–813(c-9)(5)(A). 1277 |
---|
1391 | 1391 | | “(4) “Eligible development costs” means amounts paid or incurred by an eligible 1278 |
---|
1392 | 1392 | | taxpayer after December 31, 2025 for the acquisition of eligible property, construction, 1279 |
---|
1393 | 1393 | | substantial rehabilitation, demolition of structures, or environmental remediation. 1280 |
---|
1394 | 1394 | | “(5) “Eligible property” means a Class 3 or Class 4 property that is: 1281 |
---|
1395 | 1395 | | “(A) A house comprised of 4 or fewer residential units or a condominium 1282 |
---|
1396 | 1396 | | unit; and 1283 |
---|
1397 | 1397 | | “(B) Located in a qualifying census tract as determined by the Mayor as of 1284 |
---|
1398 | 1398 | | the date of the application pursuant to § 47–1819.04. 1285 |
---|
1399 | 1399 | | “(6) “Eligible taxpayer” means a taxpayer certified by the Mayor pursuant § 47–1286 |
---|
1400 | 1400 | | 1819.04(b) as eligible to claim the credit established under this chapter. 1287 |
---|
1401 | 1401 | | “(7) “Qualifying census tract” means a census tract which has: 1288 |
---|
1402 | 1402 | | “(A) A median family income which does not exceed 120% of the median 1289 |
---|
1403 | 1403 | | family income of the District; 1290 |
---|
1404 | 1404 | | “(B) A poverty rate that is not less than 130% of the poverty rate of the 1291 |
---|
1405 | 1405 | | District; and 1292 |
---|
1406 | 1406 | | 57 |
---|
1407 | 1407 | | |
---|
1408 | 1408 | | “(C) A median value for owner-occupied homes that does not exceed the 1293 |
---|
1409 | 1409 | | median value for all owner-occupied homes in the District. 1294 |
---|
1410 | 1410 | | “(8) “Qualified homeowner” means an individual whose family income is 120% 1295 |
---|
1411 | 1411 | | or less of the area median family income as of the date that a binding contract is entered into 1296 |
---|
1412 | 1412 | | between that individual and an eligible taxpayer for the sale of the eligible property. 1297 |
---|
1413 | 1413 | | “(9) “Substantial rehabilitation” means amounts paid or incurred for rehabilitation 1298 |
---|
1414 | 1414 | | of an eligible property if such amounts exceed $150,000 multiplied by the difference between the 1299 |
---|
1415 | 1415 | | Consumer Price Index for the preceding tax year and the Consumer Price Index for the tax year 1300 |
---|
1416 | 1416 | | 2024 divided by the Consumer Price Index for tax year 2024. For the purposes of this paragraph, 1301 |
---|
1417 | 1417 | | the Consumer Price Index for any real property tax year is the average of the Consumer Price 1302 |
---|
1418 | 1418 | | Index for the Washington-Baltimore Metropolitan Statistical Area for all urban consumers 1303 |
---|
1419 | 1419 | | published by the Department of Labor, or any successor index, as of the close of the 12-month 1304 |
---|
1420 | 1420 | | period ending on September 30 of such tax year. 1305 |
---|
1421 | 1421 | | “Sec. 47-1819.02. Credit established. 1306 |
---|
1422 | 1422 | | (a) For tax years beginning after December 31, 2025, there is established a District of 1307 |
---|
1423 | 1423 | | Columbia vacant and blighted home revitalization tax credit that may be claimed against taxes 1308 |
---|
1424 | 1424 | | imposed under this subtitle. 1309 |
---|
1425 | 1425 | | (b) The amount of the credit shall be 75% of the eligible development costs as certified 1310 |
---|
1426 | 1426 | | by the Mayor to the Chief Financial Officer pursuant to § 47–1819.04(b). 1311 |
---|
1427 | 1427 | | (c) The credit may exceed the tax liability under this chapter, including any minimum tax 1312 |
---|
1428 | 1428 | | due under §§ 47-1807.02(b) or 47-1808.03(b), for that taxable year and shall be refundable to the 1313 |
---|
1429 | 1429 | | eligible taxpayer, including an organization exempt under § 47–1802.01(a)(3) from taxation 1314 |
---|
1430 | 1430 | | under this subtitle. 1315 |
---|
1431 | 1431 | | 58 |
---|
1432 | 1432 | | |
---|
1433 | 1433 | | (d) The credit may only be allowed if it: 1316 |
---|
1434 | 1434 | | (1) Has been approved and certified by the Mayor to the Chief Financial Officer 1317 |
---|
1435 | 1435 | | pursuant to § 47–1819.04: 1318 |
---|
1436 | 1436 | | (2) Is claimed by an eligible taxpayer in the taxable year in which the substantial 1319 |
---|
1437 | 1437 | | rehabilitation of the eligible property is completed; and 1320 |
---|
1438 | 1438 | | (3) Is claimed in the manner and form prescribed by the Chief Financial Officer. 1321 |
---|
1439 | 1439 | | “Sec. 47-1819.03. Annual Cap. 1322 |
---|
1440 | 1440 | | “The Mayor may approve up to $2,500,000 in credits under this subchapter each fiscal 1323 |
---|
1441 | 1441 | | year. 1324 |
---|
1442 | 1442 | | “Sec. 47-1809.04. Application and Mayoral certification. 1325 |
---|
1443 | 1443 | | (a) Before a taxpayer may claim a credit pursuant this subchapter, the taxpayer must 1326 |
---|
1444 | 1444 | | apply to the Mayor requesting approval. 1327 |
---|
1445 | 1445 | | (b) If a taxpayer’s application is approved in accordance with this subchapter, the Mayor 1328 |
---|
1446 | 1446 | | shall certify to the Chief Financial Officer the following on before December 1 of the calendar 1329 |
---|
1447 | 1447 | | year following the end of the fiscal year in which the credit was approved: 1330 |
---|
1448 | 1448 | | (1) The name and taxpayer identification number of the eligible taxpayer; 1331 |
---|
1449 | 1449 | | (2) The address of the eligible property (including square and lot); 1332 |
---|
1450 | 1450 | | (3) That the eligible taxpayer’s application in accordance with this section was 1333 |
---|
1451 | 1451 | | approved; 1334 |
---|
1452 | 1452 | | (4) The date the substantial rehabilitation was completed; 1335 |
---|
1453 | 1453 | | (5) That the eligible taxpayer sold the property to a qualifying homeowner; 1336 |
---|
1454 | 1454 | | (6) The total amount of the eligible development costs incurred by the eligible 1337 |
---|
1455 | 1455 | | taxpayer; 1338 |
---|
1456 | 1456 | | 59 |
---|
1457 | 1457 | | |
---|
1458 | 1458 | | (7) The total amount of the credit approved for the eligible taxpayer; and 1339 |
---|
1459 | 1459 | | (8) Any other information requested by the Chief Financial Officer.”. 1340 |
---|
1460 | 1460 | | SUBTITLE E. TAX ABATEMENT FOR THE REDEVELOPMENT OF VACANT 1341 |
---|
1461 | 1461 | | AND BLIGHTED COMMERCIAL PROPERTIES. 1342 |
---|
1462 | 1462 | | Sec. 405. Title 47 of the District of Columbia Official Code is amended as follows: 1343 |
---|
1463 | 1463 | | (a) Section 47-813 is amended as follows: 1344 |
---|
1464 | 1464 | | (1) Subsection (c-9)(4) is amended to read as follows: 1345 |
---|
1465 | 1465 | | “(c-9)(4)(A) Class 3 property shall be comprised of all improved real property that 1346 |
---|
1466 | 1466 | | appears as vacant on the list compiled under § 42-3131.16. 1347 |
---|
1467 | 1467 | | “(B) The Office of Tax and Revenue may request the Mayor to inspect the 1348 |
---|
1468 | 1468 | | improved real property to determine whether the property is correctly designated or registered as 1349 |
---|
1469 | 1469 | | vacant on the list compiled under § 42-3131.16.”. 1350 |
---|
1470 | 1470 | | (2) Subsection (c-9)(5) is amended to read as follows: 1351 |
---|
1471 | 1471 | | “(c-9)(5)(A) Class 4 Property shall be comprised of all improved real property that 1352 |
---|
1472 | 1472 | | appears as blighted vacant on the list compiled under § 42-3131.16. 1353 |
---|
1473 | 1473 | | “(B) The Office of Tax and Revenue may request the Mayor to inspect the 1354 |
---|
1474 | 1474 | | improved real property to determine whether the property is correctly designated as blighted 1355 |
---|
1475 | 1475 | | vacant on the list compiled under § 42-3131.16.”. 1356 |
---|
1476 | 1476 | | (c) By adding new sections 47-861.01 through 47-861.04 to read as follows: 1357 |
---|
1477 | 1477 | | “Sec. 47-861.01. Tax abatements for the redevelopment of vacant and blighted 1358 |
---|
1478 | 1478 | | commercial properties – Definitions. 1359 |
---|
1479 | 1479 | | “For purposes of §§ 47-861.01 through 47-861.04, the term: 1360 |
---|
1480 | 1480 | | “(1) “Class 3 property” shall have the same meaning as § 47–813(c-9)(4)(A). 1361 |
---|
1481 | 1481 | | 60 |
---|
1482 | 1482 | | |
---|
1483 | 1483 | | “(2) “Class 4 property” shall have the same meaning as § 47–813(c-9)(5)(A). 1362 |
---|
1484 | 1484 | | “(3) “Eligible development costs” means amounts paid or incurred for 1363 |
---|
1485 | 1485 | | construction, substantial rehabilitation, demolition of structures, or environmental remediation of 1364 |
---|
1486 | 1486 | | an eligible property. Eligible development costs shall not include land acquisition costs. 1365 |
---|
1487 | 1487 | | “(4) “Eligible property” means a Class 3 or Class 4 property that: 1366 |
---|
1488 | 1488 | | “(A) Shall be redeveloped to be used for commercial purposes as defined 1367 |
---|
1489 | 1489 | | in paragraph 5 of this section; and 1368 |
---|
1490 | 1490 | | “(B) Has been registered as a Class 3 or Class 4 property for at least 12 1369 |
---|
1491 | 1491 | | months without any exemptions pursuant to § 42–3131.06a. 1370 |
---|
1492 | 1492 | | “(5) “Used for commercial purposes” means use of real property primarily for 1371 |
---|
1493 | 1493 | | conducting any trade, business, or profession, whether for profit or not, including providing 1372 |
---|
1494 | 1494 | | goods or services or operating as a hotel or inn. 1373 |
---|
1495 | 1495 | | “(6) “OTR” means the Office of Tax and Revenue. 1374 |
---|
1496 | 1496 | | “Sec. 47-861.02. Tax abatements for the redevelopment of vacant and blighted 1375 |
---|
1497 | 1497 | | commercial properties – Requirements. 1376 |
---|
1498 | 1498 | | “(a) Subject to § 47-861.03, the Mayor may approve an abatement of the tax otherwise 1377 |
---|
1499 | 1499 | | imposed under this chapter, in an amount calculated pursuant to § 47-861.03(a), for an eligible 1378 |
---|
1500 | 1500 | | property if: 1379 |
---|
1501 | 1501 | | “(1) Eligible development costs exceed $1.5 million. 1380 |
---|
1502 | 1502 | | “(2) The property owner, or its designee or assignee, demonstrates to the 1381 |
---|
1503 | 1503 | | satisfaction of the Mayor that the abatement shall materially assist the redevelopment project and 1382 |
---|
1504 | 1504 | | the redevelopment project would not go forward without the abatement. 1383 |
---|
1505 | 1505 | | 61 |
---|
1506 | 1506 | | |
---|
1507 | 1507 | | “(3) The property owner, or its designee or assignee, enters into an agreement 1384 |
---|
1508 | 1508 | | with the District that requires the owner, or its designee or assignee, to, at a minimum, contract 1385 |
---|
1509 | 1509 | | with certified business enterprises for at least 35% of the contract dollar volume of the 1386 |
---|
1510 | 1510 | | construction of the project, in accordance with § 2-218.46. 1387 |
---|
1511 | 1511 | | “(4) The property owner, or its designee or assignee, executes a First Source 1388 |
---|
1512 | 1512 | | Agreement for the construction and operation of the project. 1389 |
---|
1513 | 1513 | | “(5) The property owner, or its designee or assignee, requests a letter from the 1390 |
---|
1514 | 1514 | | Mayor stating that the proposed redevelopment project is eligible for the tax abatement, setting 1391 |
---|
1515 | 1515 | | forth the expected amount of the abatement, as determined pursuant to § 47-861.03(a), and 1392 |
---|
1516 | 1516 | | reserving that amount for the project. 1393 |
---|
1517 | 1517 | | “(6) The Mayor transmits to the owner the eligibility and reservation letter 1394 |
---|
1518 | 1518 | | requested under paragraph (4) of this section, subject to such conditions as may be imposed by 1395 |
---|
1519 | 1519 | | the Mayor and subject to the adjustment of the abatement amount based on the certifications 1396 |
---|
1520 | 1520 | | provided for in § 47-860.03(a) and the abatement cap set forth in § 47-861.03(b). 1397 |
---|
1521 | 1521 | | “(b) The Mayor shall, as nearly as practicable, review requests for eligibility and 1398 |
---|
1522 | 1522 | | reservation letters in the order in which each completed request is received. 1399 |
---|
1523 | 1523 | | “(c) The Mayor shall transmit to OTR a copy of each eligibility and reservation letter 1400 |
---|
1524 | 1524 | | transmitted by the Mayor to an owner pursuant to subsection (a)(5) of this section. 1401 |
---|
1525 | 1525 | | “(d) An abatement of the tax otherwise imposed under this chapter shall not be provided 1402 |
---|
1526 | 1526 | | for a property for which an eligibility and reservation letter was transmitted by the Mayor 1403 |
---|
1527 | 1527 | | pursuant to subsection (a)(5) of this section if the project which was the basis upon which the 1404 |
---|
1528 | 1528 | | eligibility and reservation letter was issued has not received a certificate of occupancy within 24 1405 |
---|
1529 | 1529 | | 62 |
---|
1530 | 1530 | | |
---|
1531 | 1531 | | months after the date the eligibility and reservation letter was transmitted; provided, that the 1406 |
---|
1532 | 1532 | | Mayor may extend the 24-month period for up to 8 months as deemed necessary. 1407 |
---|
1533 | 1533 | | “(e)(1) After the completion of a project for which an eligibility and reservation letter was 1408 |
---|
1534 | 1534 | | issued, the Mayor shall, if the conditions set forth in this section and the eligibility and 1409 |
---|
1535 | 1535 | | reservation letter have been met, and subject to the abatement cap set forth in § 47-860.03(b), 1410 |
---|
1536 | 1536 | | issue the property owner a certification of tax abatement, subject to such conditions as the Mayor 1411 |
---|
1537 | 1537 | | may impose. The Mayor shall provide a copy of the certification letter to OTR. The certification 1412 |
---|
1538 | 1538 | | shall identify: 1413 |
---|
1539 | 1539 | | “(A) The property to which the certification applies by square and lot, or 1414 |
---|
1540 | 1540 | | parcel or reservation number; 1415 |
---|
1541 | 1541 | | “(B) The full legal name of the property owner, including taxpayer 1416 |
---|
1542 | 1542 | | identification number; 1417 |
---|
1543 | 1543 | | “(C) The tax to which the certification applies; 1418 |
---|
1544 | 1544 | | “(D) The portion of the property that is eligible; 1419 |
---|
1545 | 1545 | | “(E) The commencement date of the abatement; 1420 |
---|
1546 | 1546 | | “(F) Any other information OTR shall require to administer the abatement. 1421 |
---|
1547 | 1547 | | “(2) The Mayor shall notify the property owner and OTR if any property or owner 1422 |
---|
1548 | 1548 | | certified under paragraph (1) of this subsection becomes ineligible for the abatement. The notice 1423 |
---|
1549 | 1549 | | shall be written, shall identify the ineligible property, the date that the property became 1424 |
---|
1550 | 1550 | | ineligible, and any other information required by OTR to terminate the abatement. 1425 |
---|
1551 | 1551 | | “Sec. 47-861.03. Tax abatements for the redevelopment of vacant and blighted 1426 |
---|
1552 | 1552 | | commercial properties – Abatement period, abatement amount, and caps. 1427 |
---|
1553 | 1553 | | 63 |
---|
1554 | 1554 | | |
---|
1555 | 1555 | | “(a) For each property for which a certification of abatement was issued under § 47-1428 |
---|
1556 | 1556 | | 860.02(e), the real property tax imposed on the property under this chapter shall be abated as 1429 |
---|
1557 | 1557 | | follows: 1430 |
---|
1558 | 1558 | | “(1) Half of the otherwise applicable tax in each of the first six tax years 1431 |
---|
1559 | 1559 | | following the tax year during which a certification of tax abatement is issued pursuant to § 47-1432 |
---|
1560 | 1560 | | 860.02(e); 1433 |
---|
1561 | 1561 | | “(2) Two-thirds of the applicable tax in each of the seventh and eighth tax years 1434 |
---|
1562 | 1562 | | following the tax year during which a certification of tax abatement is issued pursuant to § 47-1435 |
---|
1563 | 1563 | | 860.02(e); and 1436 |
---|
1564 | 1564 | | “(3) Three-quarters of the applicable tax in each of the ninth and tenth tax years 1437 |
---|
1565 | 1565 | | following the tax year during which a certification of tax abatement is issued pursuant to § 47-1438 |
---|
1566 | 1566 | | 860.02(e). 1439 |
---|
1567 | 1567 | | “(b) The total amount of tax abatements the Mayor may approve or certify under § 47-1440 |
---|
1568 | 1568 | | 860.02 in each fiscal year, including amounts certified in prior years, shall be capped at the 1441 |
---|
1569 | 1569 | | following amounts, subject to the availability of funding: 1442 |
---|
1570 | 1570 | | “(1) For fiscal years 2027, 2028, and 2029, up to $3 million; and 1443 |
---|
1571 | 1571 | | “(2) For each succeeding fiscal year after Fiscal Year 2029, up to $6 million. 1444 |
---|
1572 | 1572 | | “(c) (1) Prior to the preparation by OTR of tax bills for each half-year installment of tax, 1445 |
---|
1573 | 1573 | | the Mayor shall certify to OTR, by a date and in a form and medium prescribed by OTR, each 1446 |
---|
1574 | 1574 | | property eligible to receive a real property tax abatement pursuant to a certification issued 1447 |
---|
1575 | 1575 | | pursuant to § 47-860.02(e), and the portion of the tax to be abated under subsection (a) of this 1448 |
---|
1576 | 1576 | | section for each such property with respect to such half-year installment bill. 1449 |
---|
1577 | 1577 | | 64 |
---|
1578 | 1578 | | |
---|
1579 | 1579 | | “(2) The certification required by paragraph (1) of this subsection shall be 1450 |
---|
1580 | 1580 | | accompanied by a statement from the Mayor specifying the total amount of the tax abatement 1451 |
---|
1581 | 1581 | | under subsection (b) of this section for the semiannual period of the certification that is available 1452 |
---|
1582 | 1582 | | to abate the taxes of the properties identified pursuant to paragraph (1) of this subsection. 1453 |
---|
1583 | 1583 | | “(d) If the amount of tax to be abated for any semiannual billing period for all properties 1454 |
---|
1584 | 1584 | | certified under subsection (c)(1) of this section exceeds the total dollar amount of tax abatements 1455 |
---|
1585 | 1585 | | available as certified under subsection (c)(2) of this section, the available dollar amount shall be 1456 |
---|
1586 | 1586 | | allocated pro rata among all properties certified under subsection (c)(1) of this section. 1457 |
---|
1587 | 1587 | | “Sec. 47-861.04. Tax abatements for the redevelopment of vacant and blighted 1458 |
---|
1588 | 1588 | | commercial properties – Rules. 1459 |
---|
1589 | 1589 | | “The Mayor shall, pursuant to Subchapter I of Chapter 5 of Title 2, issue rules to 1460 |
---|
1590 | 1590 | | implement §§ 47-861.01 through 47-861.03.”. 1461 |
---|
1591 | 1591 | | TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE. 1462 |
---|
1592 | 1592 | | Sec. 501. Fiscal impact statement. 1463 |
---|
1593 | 1593 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 1464 |
---|
1594 | 1594 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 1465 |
---|
1595 | 1595 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 1466 |
---|
1596 | 1596 | | Sec. 502. Effective date. 1467 |
---|
1597 | 1597 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 1468 |
---|
1598 | 1598 | | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 1469 |
---|
1599 | 1599 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 1470 |
---|
1600 | 1600 | | 24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 1471 |
---|
1601 | 1601 | | Columbia Register. 1472 |
---|