Section 10-B4199. DEFINITIONS

 

4199.1When used in this chapter, the following words and phrases shall have the meanings ascribed:

 

Applicant - a corporation, partnership, joint venture, individual or other eligible entity which submits an application for assistance from the Housing Production Trust Fund.

 

Area Median Income (AMI) - the area median income for a household in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development, adjusted for family size without regard to any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.

 

Child development facility - facility where a child development program is provided for infants and children, away from home, for less than twenty-four (24) hours a day for each infant or child, and which is to be located on a proposed housing or commercial project under a linked development agreement. The term child development facility shall include a child development center, child development home, or infant care center, but does not include a public or private elementary school engaged in legally required education and related functions.

 

 

Code violations - violations of any applicable District of Columbia Municipal Regulation governing the condition or serviceability of a dwelling or its component systems, or its appropriateness for the use or occupancy intended, or its conformance with existing zoning.

 

Construction - the erection or substantial rehabilitation of structures for housing and related facilities.

 

Continuing Basis - Without interruption for the periods of time defined in § 4107.2(c)

 

Council - Council of the District of Columbia.

 

DHCD - the Department of Housing and Community Development.

 

Designee - a Participating Lender or other third-party selected by DHCD to review any portion of an application for assistance, provide financing from the Fund, or provide other services as needed to ensure the efficient operation of the Fund on behalf of DHCD.

 

Dwelling unit - any part of a multi-family, single room occupancy or congregate housing facility which is rented for residential occupancy and includes any apartment, efficiency apartment, single room, suite of rooms, or duplex. In a congregate housing facility, a bed in a shared sleeping room may be considered as a dwelling unit. If the dwelling unit is a congregate housing or single room occupancy facility, it may or may not contain a kitchen or bath.

 

Elderly special housing needs individuals and families - an individual or family whose head of household, or spouse of the head of household, is at least sixty (60) years of age and households who belongs to at least one of the following categories:

 

(a)Disabled - an individual meeting the definition of disability in §223 of the Social Security Act (42 U.S.C. 423) or §102 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970 (42 U.S.C. 2691 (1));

 

(b)Handicapped:

 

(1)An individual who has a medically determinable physical impairment, including blindness, which prohibits and incapacitates seventy-five percent (75%) of that person's ability to move about, to assist himself or herself, or to engage in an occupation;

 

(2)An individual who has a physical or mental impairment which is expected to be of long continued and indefinite duration, substantially impedes his or her ability to live independently, and is of a nature that the ability could be improved by more suitable housing conditions; or

 

(3)An individual who has developmental disability which is a severe, chronic disability of a person which is attributable to a mental or physical impairment or combination of mental and physical impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity of self-care, receptive and expressive language, learning, mobility, self-directions, capacity for independence living and economic sufficiency; and reflects the person's need for a combination and sequence of special care, treatment or other services which are of a lifelong or extended duration and are individually planned and coordinated;

 

(c)An individual who is homeless; or

 

(d)An individual who is medically determined chronically mentally ill or retarded.

 

Eligible entity - a borrower or grantee who may be eligible in accordance with § 4106 to make application for financial assistance from the Housing Production Trust Fund.

 

Equity investment or Equity capital investment - funds provided by DHCD from the Housing Production Trust Fund to an Eligible Entity in exchange for which the Department holds an ownership interest in the real property assisted with Housing Production Trust Fund monies.

 

Extremely low income - a household or family whose annual income is greater than zero but less than thirty percent (30%) of the area median income, as adjusted for family size.

 

Fund - the Housing Production Trust Fund established pursuant to Housing Production Trust Fund Act of 1988, D.C. Law 7-202.

 

Grantee - an "Eligible Borrower" which receives a Grant through the Special Financial Products Components of the Housing Production Trust Fund.

 

Housing production - the construction, rehabilitation, or preservation of decent, safe, and affordable housing.

 

Low income - a household or family whose annual income is greater than fifty percent (50%) but less than eighty percent (80%) of the area median income, as adjusted for family size.

 

Mayor - the Mayor of the District of Columbia.

 

Minority housing developer - a housing developer controlled by minority persons who possess at least fifty-one (51%) of the ownership and controls its daily management and operations.

 

Non-profit housing developer - a housing developer who qualifies as an non-profit organization under §501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (68 Stat. 3; 26 U.S.C. §501(c)(3).

 

Predevelopment expenses - expenses associated with the project which accrue prior to the selection or approval of an applicant. These costs may include, but are not limited to, reasonable professional fees for architects, engineers, development consultants and attorneys.

 

Property - the land and improvements receiving fund assistance.

 

Reserved units - dwelling units whose rents or sales prices are affordable to low, very low and extremely low-income households on a continuing basis.

 

Total development cost - the cost of preservation, construction, or substantial rehabilitation of Housing and Related Facilities, and of the land on which they are located, including necessary site improvements and other expenses attributable to the capital cost of the preservation, construction, or substantial rehabilitation or development of the Housing and Related Facilities.

 

Very low income - a household or family whose annual income is greater than thirty percent (30%) but less than fifty percent (50%) of the area median income, as adjusted for family size.

 

source

Final Rulemaking published at 36 DCR 8631, 8649 (December 29, 1989); as amended by Final Rulemaking published at 49 DCR 10582 (November 22, 2002); as amended by Emergency Rulemaking published at 50 DCR 1605 (February 14, 2003) [EXPIRED].