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OFFICE OF TAX AND REVENUE
NOTICE OF FINAL RULEMAKING
The Deputy Chief Financial Officer of the District of Columbia Office of Tax and Revenue (OTR) of the Office of the Chief Financial Officer, pursuant to the authority set forth in D.C. Official Code § 42-1218 (2010 Repl.), Section 201(a) of the 2005 District of Columbia Omnibus Authorization Act, approved October 16, 2006 (120 Stat. 2019; P.L. 109-356, D.C. Official Code § 1-204.24d(9), (10) ( 2011 Supp.)) of the Home Rule Act, and the Office of the Chief Financial Officer Financial Management and Control Order No. 00-5, effective June 7, 2000, hereby gives notice of this final action to adopt rules to amend chapter 3, Real Property Taxes, of title 9 of the District of Columbia Municipal Regulations (DCMR), by amending section 336, Fees. The rules were previously published as proposed rulemaking in the D.C. Register on August 19, 2011 at 58 DCR 7561.
The amendment to section 336 greatly simplifies the recordation process with the Office of the Recorder of Deeds by providing for a uniform fee schedule that includes flat-fees. In the past, many recordations were impeded due to improper page counting and miscalculations of the per page fee. This proposed flat recordation fee should simplify the recordation process by eliminating user error. Additionally, the flat fees were generally calculated to not incur a positive or negative fiscal impact when compared to current fees, so the rulemaking should yield approximately the same amount of recordation fees as the current fee schedule.
No comments were received concerning the proposed rulemaking. OTR took final rulemaking action on September 19, 2011. This final rulemaking is identical to the published text of the proposed rulemaking. This final rulemaking shall become effective upon publication of this notice in the D.C. Register.
Chapter 3 of title 9 DCMR is amended as follows:
Section 336, Fees, is amended by adding a new subsection 336.3 to read as follows:
336.3 Effective January 1, 2012, exclusive of any surcharge applicable pursuant
to D.C. Official Code § 42-1211 (2011 Supp.) or other provision of law, the following fees shall be charged for recording documents and obtaining copies of documents at the Office of Recorder of Deeds:
(a) One hundred fifty dollars ($150) for the recordation of any and all deeds of trust, mortgages, modifications to deeds of trust, amendments to deeds of trust, or amended and restated deeds of trust;
(b) Twenty-five dollars ($25) for the recordation of all other documents;
(c) Two dollars and twenty-five cents ($2.25) per page for a copy of a document; and
(d) Two dollars and twenty-five cents ($2.25) per document for certification of a copied document.
