Section 9-347. INFORMATION TO BE PROVIDED BY A COOPERATIVE HOUSING ASSOCIATION

 

347.1In order to assist the Deputy Chief Financial Officer in determining the assessed value of real property owned by a cooperative housing association, each cooperative housing association shall accurately complete and timely file with the Office on or before September 15, 1989, a Real Property Cooperative Housing Questionnaire, Form Number FP-437 (5/89).

 

347.2A cooperative housing association that becomes the owner of real property after August 1, 1989, shall accurately complete and timely file a Real Property Cooperative Housing Questionnaire with the Office no later than sixty (60) days following the date of acquisition of title.

 

347.3Information reported on Real Property Cooperative Housing Questionnaires for newly acquired real property that is received during the period between May 1st to and including October 31st will be considered in the assessment process for the second half of the existing tax year, beginning January 1st and information received during the period between November 1st to and including April 30th shall be considered in the assessment process for the entire following tax year beginning July 1st and ending June 30th.

 

347.4The Real Property Cooperative Housing Questionnaire shall contain a request for cooperative housing associations to provide information in regard to real property owned by the cooperative housing association specified in § 421a(d)(1) of the District of Columbia Real Property Tax Revision Act of 1974 as well as the following:

 

(a) A list of all non-real property assets owned by the cooperative housing association;

 

(b) The estimated market values;

 

(c) The method for determining market values; and

 

(d) Any other additional information the cooperative housing association feels should be considered, including proprietary leases, stocks, or other interests in the cooperative housing association.

 

347.5Each cooperative housing association shall accurately complete and timely file with the Office, annually, on or before June 1st beginning in 1990, an annual update of the Real Property Cooperative Housing Questionnaire, reflecting any changes in the information submitted in the previously filed Real Property Cooperative Housing Questionnaire.

 

347.6An extension of time to submit the Real Property Cooperative Housing Questionnaire or the annual update may be granted by the Deputy Chief Financial Officer for good cause shown, provided a written request for extension is timely filed two (2) weeks prior to the due date. Any extension granted shall not exceed thirty (30) days from the due date of the initial questionnaire or the annual update.

 

347.7There shall be added to the real property tax levied upon the property of a cooperative housing association for the next ensuing tax year, a penalty in the amount of ten percent (10%) of the tax if either of the following occurs:

 

(a) A Real Property Cooperative Housing Questionnaire or an annual update of the Real Property Cooperative Housing Questionnaire is not timely filed; or

 

(b) A Real Property Cooperative Housing Questionnaire or annual update is timely filed, but in the opinion of the Deputy Chief Financial Officer is not within the form prescribed, and the cooperative housing association has failed to correct or complete the information after thirty (30) days written notice from the Deputy Chief Financial Officer.

 

347.8A waiver of the penalty imposed under § 347.7 shall be granted if it is shown that the failure to provide the information or to timely file the form was due to reasonable cause. A waiver of penalty shall not be granted unless the facts and circumstances to justify the waiver have been set forth in writing by the cooperative housing association and approved by the Director, Real Property Tax Administration.

 

347.9For the purposes of §347.8, a determination of "reasonable cause" shall be within the discretion of the Department, to be made on a case by case basis, based on the facts presented.

 

347.10A request for waiver of penalty under § 347.8 shall be timely filed with the Deputy Chief Financial Officer within sixty (60) days after the due date of the initial Real Property Cooperative Housing Questionnaire, and on or before December 1st following the due date for submission of the annual update of the Real Property Cooperative Housing Questionnaire.

 

347.11Any information submitted by a cooperative housing association pursuant to the Cooperative Housing Assessment Procedure and Lower Income Homeownership Tax Abatement and Incentives Act of 1983 Amendment Act of 1988 shall be accorded the same confidentiality as that applied to District of Columbia income tax returns under § 4 of title V of the District of Columbia Income and Franchise Tax Act of 1947, approved July 16, 1947 (61 Stat. 342; D.C. Code § 47-1805.4).

 

347.12Any violation of the provisions of § 347.11 shall be a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($ 1,000) or imprisonment for one (1) year, or both, in the discretion of the D.C. Superior Court.

 

source

Final Rulemaking published at 36 DCR 5940, 5942 (August 18, 1989).