46286 The emergency rulemaking allows the Mayor’s delegee to waive any provision of Chapter 35, except as noted, where the Mayor’s delegee makes a determination that there is good cause to waive such provision and where the waiver will further the ...

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

NOTICE OF EMERGENCY RULEMAKING

The Director of the Department of Housing and Community Development, in accordance with the authority set forth in section 102(g) of the Workforce Housing Production Program Approval Act of 2006, effective March 14, 2007 (D.C. Law 16-278; D.C. Official Code § 6-1061.02(g)), Mayor’s Order 2007-180, dated August 3, 2007, and DMPED Order No. 2008-5, dated July 24, 2008, hereby gives notice of the adoption on an emergency basis of an amendment to Chapter 35 (Workforce Housing Land Trust Program) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR). 

The emergency rulemaking allows the Mayor’s delegee to waive any provision of Chapter 35, except as noted, where the Mayor’s delegee makes a determination that there is good cause to waive such provision and where the waiver will further the purpose and objectives of the land trust program.  The rulemaking was adopted on an emergency basis so as to allow the land trust program to close on private financing that is committed this summer.  The private financing will not meet the leverage ratio required in the regulations because of deterioration in the financial markets since the date of adoption of the original land trust program regulations.

This emergency rulemaking was adopted on June 16, 2009 and became effective immediately.   This emergency rulemaking will expire 120 days from that date.

Chapter 35 of Title 14 DCMR is amended as follows:

Section 3500 is amended by adding a new subsection 3500.3 to read as follows:

3500.3             The Mayor’s delegee, for good cause shown in writing, may waive any provision of this chapter, except the provisions of §§ 3502.2, 3502.3, 3506.9, 3512.4, and 3518, provided that such waiver is consistent with applicable law.  All waivers shall be justified by a determination by the Mayor’s delegee that application of the provision would adversely affect the purpose and objectives of the land trust program.