Code of the District of Columbia

§ 42–2801. Definitions.

For the purposes of this chapter, the term:

(1)(A) “Area median income” means:

(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

(iv) For a household of one person, 70% of the area median income for a household of 4 persons;

(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons (e.g., the area median income for a family of 5 shall be 110% of the area median income for a family of 4; the area median income for a household of 6 shall be 120% of the area median income for a family of 4).

(B) Any percentage of household income referenced in this chapter (e.g., 80% of household income) shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.

(1A) “Board” means the Housing Production Trust Fund Board established under § 42-2802.01.

(1B) “Child development facility” means a facility where a child development program is provided for infants and children, away from home, for less than 24 hours a day for each infant or child, and which is to be located on a proposed housing or commercial project under a linked development agreement. The term “child development facility” shall include a child development center, child development home, or infant care center, but does not include a public or private elementary school engaged in legally required education and related functions.

(1C) Repealed.

(1D) “Department” means the Department of Housing and Community Development.

(1E) “Distressed neighborhood” means a United States Census Tract that the Mayor has determined to be distressed pursuant to § 42-2802.02(e), after considering the median sales price, median home appreciation rate, poverty rate, homeownership rate, and other factors the Mayor deems reasonable.

(2) “District” means the District of Columbia.

(2A) “Eligible household” means a household that, at the time of its purchase of a qualified housing unit, had total annual income at or below 120% of the area median income; provided, that the annual incomes of eligible households assisted through an allocation of proceeds from the Housing Production Trust Fund shall not exceed 80% of the area median income.

(3) “Extremely low income” means a household income equal to 30% or less of the area median income.

(4) “Fund” means the Housing Production Trust Fund established pursuant to § 42-2802.

(4A) “Future sales price” means the greater of any contract sales price or a value equal to 90% of the fair market appraised value determined within 6 months of the date of resale by a licensed appraiser of an affordable for-sale unit produced pursuant to this chapter.

(5) “Housing production” means the construction, rehabilitation, or preservation of decent, safe, and affordable housing.

(5A) “Land Trust Plan” means the District of Columbia Workforce Housing Land Trust Design and Implementation Plan, as amended and approved by subchapter III-A of Chapter 10 of Title 6 [§ 6-1061.01 et seq.].

(6) “Low income” means a household income equal to, or less than, 80% of the area median income and greater than 50% of the area median income.

(7) “Moderate income” means a total income equal to between 50% and 80% of the Standard Metropolitan Statistical Area median as certified by the Department.

(8) “Nonprofit housing developer” means a housing developer who qualifies as a nonprofit organization under 26 U.S.C. § 501(c)(3).

(8A) “Preexisting equity” means the discounted price determined as the difference between an initial contract sales price and the fair market appraised value at the time of the initial sale or the amount of public subsidy provided pursuant to this chapter that was invested in the creation of the affordable housing unit.

(8B) “Resale restrictions” means the parameters that govern the allowable sale of an affordable for-sale unit produced pursuant to this chapter.

(9) “Targeted population” means low and moderate income families and individuals, including the elderly, people with disabilities, and single parent families.

(9A) “Very low income” means a household income equal to, or less than, 50% of the area median income and greater than 30% of the area median income.

(10) “WMATA” means Washington Metropolitan Area Transit Authority.

(11) “Workforce Housing Land Trust” means the tax-exempt organization selected by the Deputy Mayor for Planning and Economic Development to administer the pilot program pursuant to § 6-1061.02(b).

(12) “Workforce Housing Production Program Approval Act” means subchapter III-A of Chapter 10 of Title 6 [§ 6-1061.01 et seq.].


(Mar. 16, 1989, D.C. Law 7-202, § 2, 36 DCR 444; Apr. 19, 2002, D.C. Law 14-114, § 501(a), 49 DCR 1468; Nov. 13, 2003, D.C. Law 15-39, § 222(a), 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 74(a)(1), 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 2012(a), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 60, 52 DCR 2638; Apr. 24, 2007, D.C. Law 16-305, § 62, 53 DCR 6198; Dec. 24, 2008, D.C. Law 17-285, § 3(a), 55 DCR 11986; Mar 10, 2015, D.C. Law 20-190, § 2(a), 61 DCR 12156; Oct. 22, 2015, D.C. Law 21-36, § 2052, 62 DCR 10905.)

Prior Codifications

1981 Ed., § 45-3101.

Section References

This section is referenced in § 6-1041.01, § 6-1061.01, § 6-1061.04, § 42-3402.04, § 42-3402.08, and § 42-3504.01.

Effect of Amendments

D.C. Law 14-114 redesignated existing par. (1) as par. (1B); inserted pars. (1), (1A), (3A), and (9A); and rewrote par. (6) which had read:

“(6) ”Low-income“ means a total income equal to less than 50% of the Standard Metropolitan Statistical Area median as certified by the Department.”

D.C. Law 15-39 added the definition of continuing affordability.

D.C. Law 15-105, in sub-subpars. (iii), (iv), and (v) of par. (1)(A), and in par. (3), validated previously made technical corrections.

D.C. Law 15-205, in par. (1C), substituted “40” for “30” in subpar. (A), and rewrote subpar. (B) which had read as follows: “(B) For for-sale units, a period of at least 5 years.”

D.C. Law 15-354 validated previously made technical changes.

D.C. Law 16-305, in par. (9), substituted “people with disabilities” for “the disabled”.

D.C. Law 17-285 added pars. (2A), (5A), (11), and (12).

The 2015 amendment by D.C. Law 20-190 repealed (1C); and added (1E), (4A), (8A) and (8B).

The 2015 amendment by D.C. Law 21-36 deleted “the greater of” preceding “the discounted price” in (8A).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Affordability Period Emergency Amendment Act of 2002 (D.C. Act 14-536, December 2, 2002, 49 DCR 11648).

For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Emergency Amendment Act of 2002 (D.C. Act 14-599, January 7, 2003, 50 DCR 661).

For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-61, April 16, 2003, 50 DCR 3379).

For temporary (90 day) amendment of section, see § 2012(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 2012(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 2052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Housing Production Trust Fund Affordability Period Temporary Amendment Act of 2002 (D.C. Law 14-298, April 11, 2003, law notification 50 DCR 5856).

For temporary (225 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Temporary Amendment Act of 2003 (D.C. Law 14-304, May 3, 2003, law notification 50 DCR 3778).

Short Title

Short title of subtitle C of title II of Law 15-39: Section 221 of D.C. Law 15-39 provided that subtitle C of title II of the act may be cited as the Continuing Basis Definition Amendment Act of 2003.

Short title of subtitle B of title II of Law 15-205: Section 2011 of D.C. Law 15-205 provided that subtitle B of title II of the act may be cited as the Housing Production Trust Fund Amendment Act of 2004.