Section 10-B3999. DEFINITIONS

 

3999.1When 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.

 

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

 

Director - the Director of the D.C. Department of Housing 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 owners, 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 item's 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 canceling 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 § 3904.1 of this chapter, 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 households - a family whose annual income is within the loser income limits established by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437(f).

 

Newly constructed rental housing accommodation - a newly constructed rental housing accommodation for which the building permit was issued after December 31, 1975, or any newly created rental unit, added to an existing building or housing accommodation and covered by a Certificate of Occupancy for housing use issued after April 30, 1985, but excluding any rental housing accommodation the construction of which required the demolition of a housing accommodation subject to the Act, unless the number of newly constructed rental units exceeds the number of demolished units.

 

NIA - the Neighborhood Improvement Administration of the DHCD.

 

Program - the Tax Abatement and Incentives Program for New and Rehabilitated Rental Housing, 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 (1) or more contiguous lots and squares as specified in the tax assessment records of the District, including any part of such rental housing accommodation which is listed and assess separately for taxation purposes in the land records of the District.

 

Rehabilitation - the completion of an improvement to or renovation of a vacant rental housing accommodation for which the following applies:

 

(a)A building permit was applied for and granted after December 31, 1975;

 

(b)The total expenditure for the improvement or renovation equals or exceeds twenty-five percent (25%) of the assessed value of the rental housing accommodation prior to rehabilitation; and

 

(c)The rehabilitation brings the subject rental housing accommodation into full compliance with the housing code and the building code of the District and has resulted in the issuance of a new Certificate of Occupancy for housing use after April 30, 1985.

 

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 any 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 whose rents do not exceed the rents affordable by lower and moderate income household, and which are reserved for rental to households whose incomes do not exceed the lower- or moderate-income levels established in this chapter.

 

Tax abatement - the reduction of future property tax liability of the owner of real property in the District of Columbia.

 

Vacant rental housing accommodation which has been rehabilitated - a rental housing accommodation which has been continuously vacant and not subject to a rental agreement since January 1, 1985, has been rehabilitated according to the terms of the program, and is covered by a Certificate of Occupancy for housing use issued after April 30, 1985.

 

source

Final Rulemaking published at 34 DCR 980, 995 (February 6, 1987).