Section 10-B3399. DEFINITIONS

 

3399.1When used in this chapter, the following words and phrases shall have the meaning ascribed:

 

Act - the Rental Housing Act of 1985 (D.C. Law 6-10, D.C. Code §45-2501 et seq. (1981).

 

Administrator - the Administrator of the Neighborhood Improvement Administration (NIA).

 

Deferral of indebtedness - the delaying of the date by which any indebtedness owed to the District is due. Deferral of indebtedness applies only to indebtedness which is past due at the time deferral is sought under the Program.

 

Deferral or Moratorium - the delay or suspension, for a period up to five (5) years, of the date by which any future real property tax liability which would be owed to the District is due.

 

Deferred maintenance - the postponement or failure to perform, due to negative cash flow, routine repairs and maintenance functions which has resulted in the physical deterioration of the property or the depreciation of the property's value.

 

DHCD - the D.C. Department of Housing and Community Development

 

Director - the Director of the Department of Housing and Community Development. District - the District of Columbia government.

 

Equity - an amount of investment which includes the following:

 

(a)Cash invested by an applicant in a project under the Program, after submission of an application under the Program, which is not derived from any loan, whose repayment is not required, and whose repayment is not secured in any way by any lien or encumbrance on the property under this Program or on any other property owned by the applicant or any of the applicant entity's principal owner's, or in any other way;

 

(b)The cash value of materials or services contributed by an applicant to a project under the Program, after the submission of an application under the Program, based on the DHCD 's estimation of the items ' comparable market value; and

 

(c)Fifty percent (50%) of the out-of-pocket expenses paid by an applicant to maintain, heat, repair or provide other essential services to a property which is the subject of an application under the Program, during the three (3) years immediately prior to the date of submission of the application, based on documentation acceptable to DHCD.

 

Forgiveness of indebtedness - the cancelling or forgiving of the required payment of any indebtedness owed to the District pursuant to the Act and this chapter. Forgiveness of indebtedness applies only to indebtedness which is past due at the time forgiveness is sought under the Program.Housing provider - a landlord, an owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental unit within a rental housing accommodation,

 

Indebtedness - the outstanding amount(s) owed to the District related to any real property in the District of Columbia as specified in §3306.1, and any penalties and interest on this indebtedness.

 

In the best interest of the District - a course of action which results in the most favorable financial position for the District, maximizes the achievement of the policies established in the Act, and meets the specific eligibility and other criteria established in this chapter.

 

Lower and moderate income household - a family whose annual income is within the lower income limits established by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. 1437f.

 

Negative cash flow - the absence of a measure of project worth that is determined by net income after taxes, expenses and non-cash charge against income, including making allowances for reserves, depreciation and depletion, and that this negative cash flow status has directly affected the ability of the housing provider to make normal and routine repairs and scheduled improvements to the property.

 

NIA - the Neighborhood Improvement Administration of DHCD.

 

Program - the Distressed Properties Improvement Program established by Title VIII of the Act.

 

Project - the entire rental housing accommodation owned by the same legal entity or related legal entities which is the subject of an application for assistance under this Program, is covered by a Certificate of Occupancy for housing use issued after April 30, 1985, and is located on one or more contiguous lots and squares as specified in the tax assessment records of the District, including any part of the rental housing accommodation which is listed and assessed separately for taxation purposes in the land records of the District.

 

Rental Housing Accommodation - a building(s) in the District of Columbia containing one (1) or more rental units and the land appurtenant thereto. The term "Rental Housing Accommodation" does not include hotel or inn or any building, including any room in the structure, used primarily for transient occupancy.

 

Rental unit - any part of rental housing accommodation which is rented or offered for rent for residential occupancy and includes any apartment, efficiency apartment, room, single-family house, suite of rooms, or duplex and the land appurtenant thereto.

 

Reserved units - those rental units within an eligible project who rents do not exceed the rents affordable by lower and moderate income households, and which are reserved for rental to households whose incomes do not exceed the lower and moderate income levels established in this chapter.

 

Substantial compliance with the housing code - the absence of any substantial housing violations as defined in §103(35) of the Act, including but not limited to, the following:

 

(a)Frequent lack of sufficient water supply;

 

(b)Frequent lack of hot water;

 

(c)Frequent lack of sufficient heat;

 

(d)Curtailment of utility service, such as gas or electricity;

 

(e)Defective electrical wiring, outlets, or fixtures;

 

(f)Exposed electrical wiring or outlets not properly covered;

 

(g)Leaks in the roof or walls;

 

(h)Defective drains, sewage system, or toilet facilities;

 

(i)Infestation of insects or rodents;

 

(j)Lead paint on the interior of the dwelling, or on the exterior of the dwelling where the paint is in a location or in a condition which creates a hazard of lead poisoning to children or the occupants;

 

(k)Insufficient number of acceptable exits for a dwelling, or from each floor of a rooming house;

 

(l)Obstructed exits;

 

(m)Accumulation of garbage or rubbish in common areas;

 

(n)Plaster falling or in immediate danger of falling;

 

(o)Dangerous porches, stairs, or railings;

 

(p)Floor, wall or ceilings with substantial holes;

 

(q)Doors or windows which are not sufficiently tight to maintain the required temperature or to prevent excessive heat loss;

 

(r)Doors lacking required locks;

 

(s)Fire hazards or absence or required fire prevention or fire control;

 

(t)Inadequate ventilation of interior bathrooms; and

 

(u)Large number of housing code violations, each of which may be either substantial or non-substantial, the aggregate of which is substantial, because of the number of violations.

 

TAP - the Tenant Assistance Program, as authorized by Title III of the Act.

 

source

Final Rulemaking published at 35 DCR 2541, 2562 (April 8, 1988).