Section 14-2205. CERTIFICATES OF OCCUPANCY FOR INCLUSIONARY UNITS  


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    2205.1 An Inclusionary Development Owner shall obtain a certificate of occupancy for each Inclusionary Unit in an Inclusionary Development or a certificate of occupancy for an Inclusionary Development that identifies and includes each Inclusionary Unit in the Inclusionary Development.

     

    2205.2 Prior to the issuance of a certificate of occupancy for an Inclusionary Unit or Inclusionary Development, an Inclusionary Development Owner shall provide to the Department of Consumer and Regulatory Affairs an update of all information provided in its application for a Certificate of Inclusionary Zoning Compliance, if there has been any substantive change to such information since the filing of the application.  The Department of Consumer and Regulatory Affairs shall review the updated information pursuant to the procedures set forth in § 2203.

     

    2205.3 After the submission of the application for a certificate of occupancy, the Department of Consumer and Regulatory Affairs shall inspect the Inclusionary Unit or Inclusionary Development for compliance with the Certificate of Inclusionary Zoning Compliance and the Inclusionary Zoning Program.

     

    2205.4 The Department of Consumer and Regulatory Affairs shall make good faith efforts to complete its Inclusionary Zoning compliance inspection within seventeen (17) days after receipt of the certificate of occupancy application.

     

    2205.5 No certificate of occupancy for an Inclusionary Unit or Inclusionary Development shall be issued unless the Department of Consumer and Regulatory Affairs determines that the Inclusionary Unit or Inclusionary Development is in compliance with the Certificate of Inclusionary Zoning Compliance and the Inclusionary Zoning Program.

     

    2205.6 The Department of Consumer and Regulatory Affairs may authorize third parties to certify the compliance of an Inclusionary Unit or Inclusionary Development with the Certificate of Inclusionary Zoning Compliance and the Inclusionary Zoning Program.

     

    2205.7 Pursuant to the Rental Housing Act of 1985, as amended, if an Inclusionary Unit Owner enters into a temporary lease of a For Sale Inclusionary Unit, an Inclusionary Unit Owner must register the Rental Inclusionary Unit as exempt, pursuant to § 42-3502.05(a)(1) of the D.C. Official Code, with the Rental Accommodations Division of the Department of Housing and Community Development. 

     

     

authority

Pursuant to the authority set forth in § 107 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.07) (“Inclusionary Zoning Act”) and Mayor’s Order 2008-59, dated April 2, 2008.

source

Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9302 (December 11, 2009).