Section 9-399. DEFINITIONS

 

399.1The definitions in § 9903.1 of Chapter 99 of this title shall also apply to Chapter 3.

 

399.2When used in this chapter, the following words and phrases shall have the meaning ascribed:

 

Arms Length Transaction - a transaction freely arrived at in the open market, unaffected by abnormal pressure or by the absence of a normal competitive negotiation as might be true in the case of a transaction between related parties.

 

Elderly Tenant - a tenant of a cooperative who is sixty-two (62) years of age or older at the time of conversion.

 

Gifts from Non-governmental Sources - shall not include any amounts received by a recipient who is required to perform some act or render some service as a condition for the receipt of the gift.

 

Intra-family transfers - transfers between and among a father, mother, husband, wife, children by blood or legally adopted children, or any other lineal descendant or lineal ancestor.

 

Lifetime Lease - a lease in which a person who occupies a unit in a housing accommodation that is converted into a cooperative automatically acquires a lifetime tenancy.

 

Limited Equity Cooperative - a cooperative housing association in which the governing documents limit the resale price of a stockholder or member's stock or proprietary interest to the sum of his or her basis for such stock or proprietary interest plus his or her proportionate share of the amortization of any mortgage on the real property owned by the cooperative. The resale price may be subject to adjustment based on the Consumer Price Index or comparable index.

 

Longterm Lease - a lease which meets the minimum length of time required under §204 of the Rental Housing Conversion and Sale Act of 1980, to qualify for reduction of conversion fees based on rentals to low income tenants.

 

Low-income Tenant - a tenant of a cooperative unit with a combined annual income totaling less than the median income determined by the United States Department of Housing and Urban Development and adjusted yearly by historic trends of that median, and as may be further adjusted by an interim census of District of Columbia incomes by local or regional government agencies.

 

Members of a Household - all individuals occupying a unit, whether or not they are related. For example, two (2) or more unrelated individuals sharing an apartment constitute the members of a household.

 

Nonreal Property Assets - tangible and intangible personal property.

 

Owner in Fee Simple - anyone who owns an estate which is absolute in respect to the rights of creditors and purchasers but subject to any future estates that may be limited thereon.

 

Qualified Ownership Interest - an undivided interest for more than fifty (50) years in the entire dwelling unit and appurtenant land being acquired in the transaction to which the shared equity financing agreement relates.

Shared Equity Financing Agreement - an agreement under which:

 

(a) Two (2) or more persons acquire qualified ownership interests in a dwelling unit; and

 

(b) The person (or persons) holding one (1) or more of such interests:

 

(1) Is entitled to occupy the dwelling unit for use as a principal residence; and

 

(2) Is required to pay rent to one (1) or more other persons holding qualified ownership interests in the dwelling unit.

 

Timely File - postmarked by the due date, if mailed. If the postmark is illegible, the person filing the document may be required to submit a duly notarized affidavit indicating timely mailing.

 

Type of Cooperative - the ownership of a cooperative whether it be stock or nonstock membership, and to whether there are restrictions on the profit realizable on resale of a cooperative interest, whether low-yield or limited yield.

 

Unit Exposure - the position of a unit in relation to the outside of the building, i.e., corner, front, back, side or inside.

 

Unit Mix - the types of dwelling units in a cooperative housing association, such as efficiency, one-bedroom, two-bedrooms. guest rooms, and commercial space.

 

399.3The terms and phrases used in §§360 through 365 shall have the meanings set forth in this section unless the text or context of a particular chapter, section, subsection, or paragraph provides otherwise.

 

Construction in progress - the on-site building of an improvement or alteration of an improvement, whether it is a new improvement, an addition, or a renovation, including but not limited to, assembly and installation of components and, installation of equipment.

 

Conversion - one of the following:

 

(a) A change in the use of real property whether or not the change in use results in reclassification of the real property; or

 

(b) A change in the type of ownership of residential real property that results in a change of the residential use.

 

The following are some examples of change in the use of real property which shall constitute a conversion.

 

(a) Change from use as an apartment building to use as a hotel.

 

(b) Change from use as a warehouse to use as a residential condominium.

 

(c) Change from use as a store to use as a single family dwelling.

 

The following are some examples of a change in the type of ownership of residential property, resulting in a change in the use, which shall constitute a conversion.

 

(a) Change from use as a rental apartment building to use as a cooperative.

 

(b) Change from use as a rental apartment building to use as a condominium. For example, if real property is converted from apartment use to condominium use and the total value of the original real property (not each new condominium unit) increases by one hundred thousand dollars ($100,000), the new value may be assessed on a supplemental basis.

 

Improvement - a building or any other relatively permanent structure or development located on or attached to real property. It shall include any equipment that is used for commercial purposes and that is permanently attached to the real property so as to make the land otherwise unbuildable, e.g. storage tanks, railroad tracks and transmittal towers. The term "improvement" shall not include fences, residential storage sheds or other similar structures, or brick, or stone walls.

 

Overall base structure - the supporting structure, including the exterior walls, interior finish, and lighting, heating, plumbing, and mechanical components. Interior finish shall not include tenant finish.

 

Real property erroneously omitted from the assessment roll or tax list - all real property which escaped assessment and placement on the assessment roll or tax list and should have been assessed and on the assessment roll or tax list.

 

Real property not listed on the previous assessment roll or tax list - all real property which was not listed on the previous assessment roll or tax list.

 

Tenant finish - any alteration, enhancement, or renovation of an improvement made by a tenant or lessee, made according to the tenant's or lessee's specifications, or made for a tenant or lessee which subsequently becomes a part of the improvement, whether or not such alteration, enhancement, or renovation is changed for or by the tenant or lessee or a subsequent tenant or lessee, such as, one of the following:

 

(a)A drop ceiling;

 

(b)A partition;

 

(c)Dry wall;

 

(d)Carpeting;

 

(e)A fixture;

 

(f)A kitchenette; or

 

(g)Wood paneling.

 

source

Regulation No. 74-35 effective December 12, 1974, 24 DCR 1643 (January 20, 1975); Final Rulemaking published at 36 DCR 5940, 5944 (August 18, 1989); by Final Rulemaking published at 36 DCR 5128, 5132 (August 3, 1990); and by Final Rulemaking published at 40 DCR 8171, 8177 (November 19, 1993).