Code of the District of Columbia

Part A. General.


§ 2–1215.01. Findings and purpose.

(a) The Council finds that:

(1) Business Improvement Districts will help the District to promote economic growth and employment downtown and in other areas of the District;

(2) Property owners should be encouraged to create BIDs and BID corporations to enhance their local business climate;

(3) BID corporations should be given flexibility in establishing the self-help programs most consistent with their local needs, goals and objectives; and

(4) Because additional services and improvements attendant to a BID will provide direct benefits to the real property within a BID, the most equitable method of financing such services is to levy an additional real property tax against all taxable properties within a BID District.

(b) The purpose of this subchapter is to provide for the creation of Business Improvement Districts the activities of which will promote the general welfare of the residents, employers, employees, property owners, commercial tenants, consumers, and the general public within a BID’s geographic area by preserving, maintaining, and enhancing the economic health and vitality of a BID area as a community and business center.


(May 29, 1996, D.C. Law 11-134, § 2, 43 DCR 1684; as added Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(a), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2271.

Section References

This section is referenced in § 10-1141.03a.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 substituted “taxable” for “nonexempt” in (a)(4).

Expiration of Law

Section 2072(b) of D.C. Law 21-160 repealed section 24(b) of D.C. Law 11-134.

Expiration of Law 11-134

Section 24(b) of D.C. Law 11-134 provided that the act shall expire 20 years after its effective date. D.C. Law 11-134 was effective May 29, 1996.

The enactment of D.C. Law 12-26 negated the expiration clause of D.C. Law 11-134.

Emergency Legislation

For temporary (90 days) repeal of the expiration clause, see § 2 of Business Improvement Districts Sunset Repeal Emergency Amendment Act of 2016 (D.C. Act 21-370, Apr. 27, 2016, 63 DCR 6848).

For temporary amendment of subchapter, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(a) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(a) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735). The enactment of D.C. Law 12-26 negated the expiration clause of D.C. Law 11-134

Temporary Legislation

For temporary (225 days) repeal of the expiration clause, see § 2 of Business Improvement Districts Sunset Repeal Temporary Amendment Act of 2016 (D.C. Law 21-128, July 1, 2016, 63 DCR 7104).

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

Mayor's Orders

Amendment to Mayor’s Order 99-33, Registration of the Georgetown Business Improvement District pursuant to D.C. Law 11-134, the “Business Improvement Districts Amending Act of 1996, as amended”, see Mayor’s Order 99-78, May 12, 1999 ( 46 DCR 5435).

Registration of the Capitol Hill North Addition to the Downtown DC Business Improvement District, see Mayor’s Order 2002-46 March 8, 2002 ( 49 DCR 2253).

Extension of the Term of the Downtown DC Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, Effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code sec. 2-1215 et seq.), see Mayor’s Order 2002-138, August 16, 2002 ( 49 DCR 7955).

Registration of the NoMa Business Improvement District (“NoMa BID”) and the NoMa Improvement Association, Inc., pursuant to the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code §§ 2-1215.01 et seq. (2006 Supp.), see Mayor’s Order 2007-105, May 3, 2007 ( 54 DCR 9041).

Extension of the Term of the Downtown DC Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code § 2-12151.01 et seq.), see Mayor’s Order 2007-173, July 26, 2007 ( 54 DCR 11603).

Extension of the Term of the Capitol Hill Improvement District Pursuant to the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code § 2-12151.01 et seq.), see Mayor’s Order 2007-187, August 15, 2007 ( 54 DCR 11624).

Extension of the Term of the Golden Triangle Business Improvement District, see Mayor’s Order 2008-124, September 4, 2008 ( 55 DCR 11202).

Extension of the Term of the Mount Vernon Triangle Community Improvement District Pursuant to the Business Improvement Districts Act of 1996, effective March 17, 2005 (D.C. Law 15-257; D.C. Official Code §§ 2-1215.01 et seq.), see Mayor’s Order 2009-169, September 30, 2009 ( 56 DCR 8102).

Extension of the Term of the Georgetown Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, effective March 17, 2005 (D.C. Law 15-257; D.C. Official Code §§ 2-1215.01 et seq.), see Mayor’s Order 2009-170, September 30, 2009 ( 56 DCR 8103).

Extension of the Term of the Adams Morgan Partnership Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, effective March 17, 2005 (D.C. Law 15-257; D.C. Official Code §§ 2-1215.01 et seq.), see Mayor’s Order 2011-158, September 20, 2011 ( 58 DCR 8412).

Delegation of Authority

Delegation of Authority Pursuant to D.C. Law 11-134, the “Business Improvement Districts Act of 1996”, see Mayor’s Order 2002-47, March 8, 2002 ( 49 DCR 2254).


§ 2–1215.02. Definitions.

For the purposes of this subchapter, the term:

(1) “Adjoining residential neighborhood” means any property zoned for residential use within a BID or within 800 feet of the perimeter of a BID.

(2) “Adverse impact on adjoining residential neighborhoods” means adverse impact on traffic, on-street parking, litter, trash collection, crime, noise, lighting levels, or other such factors affecting the quality of residential life.

(3) “Assessed value” means the valuation obtained by taking the assessed valuation of taxable real property as it appears on the last completed assessment roll for tax assessment purposes pursuant to § 47-801 et seq.

(4) “BID corporation” means a nonprofit corporation that is organized pursuant to the District law for nonprofit corporations and registered pursuant to the terms of this subchapter. A BID corporation shall not be deemed to be a part of the District government as that term is defined in § 47-393(5).

(5) “Block” means the properties fronting on both sides of a street that are located between 2 intersecting streets.

(6) “Business Improvement District Activity” or “BID activity” means a special service or activity conducted in a Business Improvement District designed to improve the economic development climate in the area pursuant to this subchapter, and which is designed and conducted so as to avoid any material adverse impact on adjoining residential neighborhoods and is otherwise in accordance with all applicable laws, regulations, and requirements of the District of Columbia and the United States, which services and activities may augment, but which may not replace, governmental services customarily provided in the regular course of the District’s operations. This term shall include the planning, administration, and management of activities designed to provide economic stimulus, stability, or benefit to the BID or its members, including, but not limited to, the following:

(A) Seasonal promotions such as festivals and special displays;

(B) Enhanced maintenance and improvements to public space, including sidewalks, parks, and plazas;

(C) Marketing and procurement activities in support of tourism, job creation, business attraction, development, efficiency, and retention;

(D) Retail, restaurant, and arts promotions;

(E) Services to improve public safety and transportation, such as providing shuttle buses, community service representatives acting as goodwill ambassadors, and private security services;

(F) Development of special signage and storefront and commercial building facade improvement programs; and

(G) Any other service or activity consistent with the purposes of this subchapter if such service or activity is set out in the BID’s business plan, as amended from time to time and as submitted to the Mayor in accordance with this subchapter.

(7) “Business Improvement District” or “BID” means a defined geographic area in the District in which the preponderance of activity carried out is commercial or industrial in nature, which does not include any part of an existing BID previously established pursuant to this subchapter, and which area consists of not less than 5 contiguous blocks (or the maximum number of contiguous blocks in cases where there are fewer than 5 contiguous blocks), or noncontiguous commercial blocks within a generally recognized single neighborhood; provided, that noncontiguous blocks are not wholly located in an area that is not part of the general BID area.

(8) “BID tax” means an additional real property tax or possessory interest tax assessed and levied by the District on, and payable by, the owners of taxable properties or holders of a possessory interest in a Business Improvement District subject to the BID certification processes of this subchapter.

(9) “CFO” means the Chief Financial Officer of the District.

(10) “Commercial tenant” means a lessee, or other lawful occupant, of taxable real property within a BID who is not an owner and who conducts a lawful commercial use as defined in the Zoning Regulations of the District.

(11) “Council” means the Council of the District of Columbia.

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

(13) “Fiscal year” means the same fiscal year as the fiscal year of the District.

(14) “Lot” means the lots described in the District tax and assessment records.

(15) “Mayor” means the Mayor of the District of Columbia or such administrative agency of the District that is designated by the Mayor to administer the provisions of this subchapter.

(16) “Member” means a member of the BID Corporation, the membership of which shall be comprised of each owner of taxable property and each commercial tenant in the BID area, and each owner who becomes a member pursuant to § 2-1215.21.

(17) “Member of record” means a member that the BID is reasonably able to identify from District of Columbia property tax records or from other reasonably available sources.

(17A) “Net rentable square feet” means the number of net rentable square feet reported to, or on record with, the Office of Tax and Revenue.

(18) Repealed.

(19) “Owner” means an owner of taxable property.

(20) “Owner’s property” means an owner’s taxable property located within a BID.

(21) “Person” means any individual, sole proprietorship, partnership, society, association, joint venture, stock company, corporation, limited liability company, estate, receiver, trustee, assignee, fiduciary, or any combination of any of the foregoing.

(22) “Reasonably ascertainable”, “reasonably available”, and “reasonably determined” mean, in relation to information, reasonably reliable information that is obtained by the BID and relied upon by the BID in good faith.

(23) “Residential tenant” means a lessee, or other lawful occupant, of taxable property within a BID who is not an owner and who conducts a lawful residential use as defined in the Zoning Regulations of the District.

(24) “Taxable property” means real property subject to real property taxation or real property for which a holder of a possessory interest is subject to possessory interest taxation, including:

(A) Class 2, Class 3, and Class 4 Property, as defined in § 47-813, located within any BID, excluding the properties exempt from real property taxes pursuant to Chapters 10 or 46 of Title 47 [§  47-1001 et seq. or §  47-4601 et seq.];

(B) Class 1 Property, as defined in § 47-813, for the Mount Vernon Triangle, NoMa, Capitol Riverfront, Downtown, and Golden Triangle BIDs, excluding:

(i) Real property improved by a residential building where 90% or more of the leased units are households with at least one member who is 62 years of age or older and all members are 55 years of age or older;

(ii) Real property improved by a residential building where 20% or more of the units are subject to a contract for project-based assistance under section 8 of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 662; 42 U.S.C. § 1437f);

(iii) Real property improved by a residential building with fewer than 10 dwelling units, as defined in § 47-813(d)(3); and

(iv) Real property exempt from paying real property taxes pursuant to Chapters 10 or 46 of Title 47 [§  47-1001 et seq. or §  47-4601 et seq.]; or

(C) Real property belonging to government and international organizations, including a leasehold interest, possessory interest, beneficial interest, or beneficial use of real property, as provided in § 47-1005.01(b), for periods beginning after September 30, 2003, where the real property would be taxable under subparagraphs (A) or (B) of this paragraph if not exempt or immune from real property taxation resulting in the possessory interest being taxable under § 47-1005.01, except where a payment in lieu of tax agreement has been negotiated and payments related to the agreement are current.


(May 29, 1996, D.C. Law 11-134, § 2, 43 DCR 1684; renumbered as § 3, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Mar. 24, 1998, D.C. Law 12-81, § 4, 45 DCR 745; Mar. 17, 2005, D.C. Law 15-257, § 2(b), 52 DCR 1161; Apr. 7, 2006, D.C. Law 16-91, § 140(a), 52 DCR 10637; Mar. 8, 2007, D.C. Law 16-245, § 2(a), 54 DCR 615; Oct. 18, 2007, D.C. Law 17-27, § 2(a), 54 DCR 8020; Sept. 9, 2014, D.C. Law 20-136, § 2(a), 61 DCR 6778; Feb. 26, 2015, D.C. Law 20-161, § 2(b), 61 DCR 10741; Oct. 22, 2015, D.C. Law 21-36, § 7102(a), 62 DCR 10905; Apr. 7, 2017, D.C. Law 21-243, § 2(a), 64 DCR 1614; Oct. 11, 2018, D.C. Law 22-161, § 2(a), 65 DCR 7680.)

Prior Codifications

1981 Ed., § 1-2272.

Section References

This section is referenced in § 1-325.111, § 2-218.76, § 2-1215.06, and § 2-1215.09.

Effect of Amendments

D.C. Law 15-257, in par. (16), substituted “each” for “and each” and inserted “, and, in the case of the Mount Vernon Business Improvement District, each residential tenant in the BID area” before the period at the end; rewrote par. (18); and added par. (23). Prior to amendment, par. (18) read as follows: “(18) ‘Nonexempt real property’ means real property that is not exempt from paying real property taxes pursuant to § 47-1001 et seq., is not residential property, and is not the residential portion of a property used for both residential and nonresidential purposes.”

D.C. Law 16-91, in par. (16), validated a previously made technical correction.

D.C. Law 16-245, in par. (18), substituted “Mount Vernon Triangle BID or NoMa BID” for “Mount Vernon Triangle BID”.

D.C. Law 17-27, in par. (18), substituted “, NoMa BID, or Capitol Riverfront BID” for “or NoMa BID”.

The 2014 amendment by D.C. Law 20-136 added (17A); and added “Anacostia BID, or Southwest BID” in (18).

The 2015 amendment by D.C. Law 20-161 rewrote (8) and (16); substituted “taxable” for “nonexempt” in (10); repealed (18); substituted “taxable property” for “nonexempt real property” in (19), (20), and (23); and added (24).

The 2015 amendment by D.C. Law 21-36 substituted “September 30, 2003” for “September 30, 2014” in (24)(C).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Golden Triangle Business Improvement District Emergency Amendment Act of 2018 (D.C. Act 22-403, July 16, 2018, 65 DCR 7520).

For temporary (90 days) amendment of this section, see § 2(a) of Downtown Business Improvement District Emergency Amendment Act of 2016 (D.C. Act 21-642, Jan. 25, 2017, 64 DCR 935).

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary amendment of section, see § 2(a) of the Mount Vernon Triangle Business Improvement District Emergency Amendment Act of 2004 (D.C. Act 15-404, March 18, 2004, 51 DCR 3647).

For temporary (90 day) amendment of section, see § 2(a) of Mount Vernon Triangle Business Improvement District Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-480, July 19, 2004, 51 DCR 7619).

For temporary (90 day) amendment of section, see § 2(a) of Capitol Riverfront Business Improvement District Emergency Amendment Act of 2007 (D.C. Act 17-78, July 27, 2007, 54 DCR 7631).

For temporary (90 days) amendment of this section, see § 2(a) of the Southwest Business Improvement District Emergency Amendment Act of 2014 (D.C. Act 20-410, Aug. 1, 2014, 61 DCR 8299).

For temporary (90 days) amendment of this section, see § 2(b) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(b) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

For temporary (90 days) amendment of this section, see § 7072(a) 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 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

For temporary (225 day) amendment of section, see § 2(a) of the Mount Vernon Triangle Business Improvement District Temporary Amendment Act of 2004 (D.C. Law 15-173, July 8, 2004, law notification 51 DCR 7338).

References in Text

Section 8 of the United States Housing Act of 1937, referred to in subpar. (c) of par. (18), is codified to 42 U.S.C. § 1437f.


§ 2–1215.03. BID formation.

Each BID shall be organized as a nonprofit corporation under the laws of the District and shall be subject to all applicable District and federal laws and regulations. Each owner of a taxable property and each commercial tenant within a BID, whether such owner or commercial tenant is an owner or commercial tenant at the time the BID is established or at any time thereafter when the BID is in existence, shall be a member of the BID corporation from such time as the BID corporation becomes registered pursuant to this subchapter and until such time as such member’s ownership or tenancy within the BID area is terminated or the BID corporation is terminated or dissolved.


(May 29, 1996, D.C. Law 11-134, § 3, 43 DCR 1684; renumbered as § 4, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(c), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2273.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 added “of a taxable property” in the second sentence.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(c) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(c) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.04. Establishment of Business Improvement District.

(a) To establish a BID with respect to any area, the Board of Directors of a nonprofit corporation established under District law for the purpose of forming a BID and seeking to be registered as a BID corporation shall submit an application to the Mayor for review of compliance with all BID criteria described in this section. The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section. Each application shall be duly sworn under oath before a notary public who holds a valid license in the District, and shall contain:

(1) A statement setting forth the name and address of the nonprofit corporation seeking registration as a BID corporation; a description by lot, square, and street address of the property of each owner to the extent reasonably ascertainable; and the most recent assessed value of each taxable property located in the proposed BID to the extent reasonably ascertainable from District property tax records or a final determination of the Real Property Tax Appeals Commission for the District of Columbia. The statement must be signed by the owners (or their authorized representatives) who own at least a 51% interest in the most recent assessed value of the taxable properties in the geographic area of the proposed BID as a whole, and at least 25% in number of the individual taxable properties of record in the BID area as a whole. For the purposes hereof, individual taxable properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Taxation and Revenue or Office of Recorder of Deeds; provided, that any property subdivided into separate condominium units shall constitute a single property for the purpose of determining the number of taxable properties referred to in this paragraph; provided further, that such condominium units shall constitute separate properties for purposes of assessing BID charges. Changes in the assessed values occurring after submission of a BID application, whether through regular reassessment, appeals, or otherwise, shall not affect the validity of the BID application to be taken into account in the Mayor’s review of the BID application;

(2) A proposed business plan (“BID plan”) for at least the first 3 years of the initial 5-year term of the BID. The BID plan shall contain, at a minimum, the following:

(A) Specific goals and objectives of the BID consistent with the BID activity as defined in this subchapter, anticipated resources to be used to meet such goals and objectives, and projected timetables for undertaking and completing projects in furtherance of the goals and objectives;

(B) The annual proposed total BID taxes for the BID’s common operations for the BID’s first year of operation and the formula used to determine each owner’s BID tax which shall be based upon either assessed value, square footage, or a uniform fixed tax per building. BID taxes may vary by class and type of property provided that they are applied fairly and equitably to all owners within the BID; and

(C) The maximum amount and the nature of any start-up costs incurred prior to the BID’s registration that the BID plans to reimburse upon its registration;

(3) A tax assessor’s map of the geographic area comprising the BID clearly designating the BID boundaries and each property by street address, lot, and square number to be included within the BID;

(4) A list of the initial members of the Board of the BID, which must satisfy the criteria of § 2-1215.07;

(5) The adopted articles of incorporation and the adopted bylaws of the nonprofit corporation seeking to be registered as the BID corporation which articles of incorporation or bylaws must include:

(A) The names and addresses of the initial directors and a provision stating that the term of the initial directors shall expire at such time as new directors are elected pursuant to § 2-1215.07(b). Such terms shall in no event exceed 120 days after the BID is registered by the Mayor;

(B) The procedures through which the members of the BID corporation shall propose and vote to adopt amendments to the initial bylaws, including the quorum requirements for the method of allocating votes to members for purposes of this vote which shall occur not more than 120 days after the BID is registered by the Mayor; and

(C) The number of votes allocated to each member subject to the requirements of § 2-1215.11(a). The adopted articles of incorporation and the adopted bylaws of the nonprofit corporation may contain any provision not inconsistent with the District nonprofit corporation law or this subchapter;

(6) A list, by street address, lot, and square number, of all taxable property within the proposed BID, including the names and mailing addresses of the record owners to the extent reasonably ascertainable from the real property records of the Office of Recorder of Deeds or the real property tax and assessment records of the Office of Taxation and Revenue;

(7) A list of the names and addresses of all commercial tenants within the BID area, to the extent reasonably ascertainable; and

(8) The name of the bank and the location of the branch at which the BID will establish its bank accounts, which shall be subject to, in addition to the other approvals required by this section, the approval of the CFO.

(b) Repealed.

(c) Nothing in this subchapter shall be construed as modifying or waiving the District’s right to enact or adjust any District tax, tax rate, fee, or other assessment applicable to categories of persons or businesses that include persons or businesses subject to a BID tax under this subchapter. Nothing in this subchapter shall be used as a rationale for modifying the District’s method of property tax assessment.


(May 29, 1996, D.C. Law 11-134, § 4, 43 DCR 1684; renumbered as § 5, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Apr. 20, 1999, D.C. Law 12-264, § 11(a), 46 DCR 2118; Apr. 27, 1999, D.C. Law 12-269, § 2, 46 DCR 1108; Apr. 3, 2001, D.C. Law 13-213, § 2(a), 47 DCR 9467; Oct. 1, 2002, D.C. Law 14-183, § 2(a), 49 DCR 6056; Oct. 17, 2002, D.C. Law 14-198, § 2, 49 DCR 7644; Apr. 2, 2003, D.C. Law 14-268, § 2, 50 DCR 428; Mar. 13, 2004, D.C. Law 15-105, § 7, 51 DCR 881; Mar. 17, 2005, D.C. Law 15-257, § 2(c), 52 DCR 1161; Mar. 8, 2006, D.C. Law 16-56, § 2(a), 53 DCR 10; Apr. 7, 2006, D.C. Law 16-91, § 140(b), (d), 52 DCR 10637; Mar. 8, 2007, D.C. Law 16-245, § 2(b), 54 DCR 615; Oct. 18, 2007, D.C. Law 17-27, § 2(b), 54 DCR 8020; Dec. 24, 2009, D.C. Law 18-99, § 2(a), 56 DCR 8707; Apr. 8, 2011, D.C. Law 18-363, § 3(d)(1), 58 DCR 963; Sept. 9, 2014, D.C. Law 20-136, § 2(b), 61 DCR 6778; Feb. 26, 2015, D.C. Law 20-161, § 2(d), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2274.

Section References

This section is referenced in § 2-1215.05, § 2-1215.06, § 2-1215.15, § 2-1215.51, § 2-1215.57, § 2-1215.58, and § 2-1215.59.

Effect of Amendments

D.C. Law 13-213 rewrote subsec. (b) which prior thereto read:

“(b) With respect to areas outside the central employment area and Georgetown, a BID may be established if the requirements of subsection (a)(2)-(8) of this section are met, if the statement is signed by at least 51% of the number of commercial tenants occupying nonexempt real properties in the geographic area of the proposed BID, and if owners who own at least 51% of the interest in the assessed value of the commercial properties within the proposed BID area and owners who own at least 51% of the individual properties within the proposed BID area agree to do so.”

D.C. Law 14-183 added subsec. (c-1).

D.C. Law 14-198, in subsec. (c), substituted “Fourteen” for “Twelve” in pars. (1), (2), and (4), and substituted “Fifty” for “Sixty” in par. (3).

D.C. Law 14-268 added subsec. (e-2).

D.C. Law 15-105 validated previously made technical corrections.

D.C. Law 15-257 rewrote the section.

D.C. Law 16-56, in subsec. (b), substituted “Mount Vernon Triangle, or Adams Morgan” for “or Mount Vernon Triangle”.

D.C. Law 16-91 made a technical change in the enacting clause of D.C. Law 15-257 which resulted in no change in text and, in subpar. (a)(5)(C), validated previously made technical corrections.

D.C. Law 16-245 substituted “Adams Morgan, or NoMa” for “or Adams Morgan”.

D.C. Law 17-27, in subsec. (b), substituted “NoMa, or Capitol Riverfront” for “or NoMa”.

D.C. Law 18-99, in subsec. (b), substituted “Capital Riverfront, or Anacostia” for “or Capital Riverfront”.

D.C. Law 18-363, in subsec. (a)(1), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “District’s Board of Real Property Assessments and Appeals”.

The 2014 amendment by D.C. Law 20-136 added “or Southwest” in (b).

The 2015 amendment by D.C. Law 20-161 substituted “Department of Small and Local Business Development, or a successor thereto” for “Deputy City Administrator for Business Services and Economic Development” in the introductory language of (a); in (a)(1), substituted “taxable properties” for “nonexempt real properties” and “nonexempt properties,” and substituted “assessing BID” for “assessing and levying any BID”; substituted “taxable property” for “nonexempt real property” in (a)(1) and (a)(6); and repealed (b).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary amendment of section, see § 2 of the Georgetown Business Improvement District Emergency Amendment Act of 1998 (D.C. Act. 12-325, April 14, 1998, 45 DCR 2462), § 2 of the Georgetown Business Improvement District Revision Emergency Amendment Act of 1998 (D.C. Act 12-346, May 6, 1998, 45 DCR 2986), § 2 of the Georgetown Business Improvement District Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-389, June 30, 1998, 45 DCR 4628), and § 2 of the Georgetown Business Improvement District Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-28, March 15, 1999, 46 DCR 2985).

For temporary (90 day) amendment of section, see § 2(a) of North Capital Expansion and Expansion of Business Improvement District Emergency Amendment Act of 2002 (D.C. Act 14-258, January 30, 2002, 49 DCR 1420).

For temporary (90 day) amendment of section, see § 2 of Capitol Hill Business Improvement District Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-503, October 23, 2002, 49 DCR 10035).

For temporary (90 day) amendment of section, see § 2 of Establishment of the Capitol Hill Business Improvement District Emergency Amendment Act of 2002 (D.C. Act 14-592, January 7, 2003, 50 DCR 634).

For temporary (90 day) amendment of section, see § 2 of Business Improvement Districts Emergency Amendment Act of 2002 (D.C. Act 14-414, July 17, 2002, 49 DCR 7380).

For temporary (90 day) amendment of section, see § 2 of Capitol Hill Business Improvement District Emergency Amendment Act of 2002 (D.C. Act 14-455, July 23, 2002, 49 DCR 8104).

For temporary (90 day) amendment of section, see § 2 of Expansion of the Golden Triangle Business Improvement District Emergency Amendment Act of 2003 (D.C. Act 15-170, October 6, 2003, 50 DCR 9161).

For temporary (90 day) amendment of section, see § 2 of Expansion of the Golden Triangle Business Improvement District Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-348, February 6, 2004, 51 DCR 1838).

For temporary (90 day) amendment of section, see § 2(b) of Mount Vernon Triangle Business Improvement District Emergency Amendment Act of 2004 (D.C. Act 15-404, March 18, 2004, 51 DCR 3647).

For temporary (90 day) amendment of section, see § 2(b) of Mount Vernon Triangle Business Improvement District Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-480, July 19, 2004, 51 DCR 7619).

For temporary (90 day) amendment of section, see § 2(a) of Adams Morgan Business Improvement District Emergency Amendment Act of 2005 (D.C. Act 16-80, May 18, 2005, 52 DCR 5254).

For temporary (90 day) amendment of section, see § 2(a) of Adams Morgan Business Improvement District Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-142, July 26, 2005, 52 DCR 7169).

For temporary (90 day) amendment of section, see § 2(b) of Capitol Riverfront Business Improvement District Emergency Amendment Act of 2007 (D.C. Act 17-78, July 27, 2007, 54 DCR 7631).

For temporary (90 days) amendment of this section, see § 2(b) of the Southwest Business Improvement District Emergency Amendment Act of 2014 (D.C. Act 20-410, Aug. 1, 2014, 61 DCR 8299).

For temporary (90 days) amendment of this section, see § 2(d) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(d) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

For temporary (225 day) amendment of section, see § 2 of the Georgetown Business Improvement District Temporary Amendment Act of 1998 (D.C. Law 12-137, July 24, 1998, law notification 45 DCR 6508).

For temporary (225 day) amendment of section, see § 2(a) of the North Capitol Expansion and Expansion of Business Improvement Districts Temporary Amendment Act of 2002 (D.C. Law 14-118, May 2, 2002, law notification 49 DCR 4393).

For temporary (225 day) amendment of section, see § 2 of the Capitol Hill Business Improvement District Temporary Amendment Act of 2002 (D.C. Law 14-225, March 25, 2003, law notification 50 DCR 2738).

For temporary (225 day) amendment of section, see § 2 of the Establishment of the Capitol Hill Business Improvement District Temporary Amendment Act of 2003 (D.C. Law 14-301, May 3, 2003, law notification 50 DCR 3775).

For temporary (225 day) amendment of section, see § 2 of the Expansion of the Golden Triangle Business Improvement District Temporary Amendment Act of 2003 (D.C. Law 15-66, February 6, 2004, law notification 51 DCR 2033).

For temporary (225 day) amendment of section, see § 2(b) of the Mount Vernon Triangle Business Improvement District Temporary Amendment Act of 2004 (D.C. Law 15-173, July 8, 2004, law notification 51 DCR 7338).

For temporary (225 day) amendment of section, see § 2(a) of the Adams Morgan Business Improvement District Temporary Amendment Act of 2005 (D.C. Law 16-16, September 14, 2005, law notification 52 DCR 9774).

Mayor's Orders

Extension of the term of the Golden Triangle Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, see Mayor’s Order 2003-130, September 11, 2003 ( 50 DCR 8036).

Expansion of the Golden Triangle Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, see Mayor’s Order 2003-153, October 31, 2003 ( 50 DCR 9985).

Registration of the Mount Vernon Triangle Community Improvement District pursuant to the Business Improvement Districts Act of 1996, effective May 29,1996 (D.C. Law 11-134; D.C. Official Code §§ 2-1215.01 et seq. (2003 Supp.)), see Mayor’s Order 2004-73, May 5, 2004 ( 51 DCR 5275).

Delegation of Authority

Delegation of authority pursuant to D.C. Law 11-34 D.C. Law 11-134, the “Business Improvement Districts Act of 1996”, see Mayor’s Order 97-129, July 17, 1997 ( 44 DCR 4543).


§ 2–1215.05. Review of application.

(a) The Mayor shall have 15 days (excluding Saturdays, Sundays, and holidays) from the date of the filing of a BID application to conduct a preliminary review of the application to determine if the filing criteria set forth in § 2-1215.04 have been met and if the application is otherwise in conformity with this subchapter. If the Mayor fails to make a determination that the BID application is either not in conformity with this subchapter or that the BID application requirements have been met within 15 days (excluding Saturdays, Sundays, and holidays), such inaction shall constitute an affirmative preliminary determination that the BID application requirements have been met and the Mayor shall schedule, notify, and hold the required public hearing pursuant to § 2-1215.06. The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section.

(b)(1) If the Mayor determines that any of the BID criteria set forth in § 2-1215.04(a), except the provisions of § 2-1215.04(a)(1), have not been met or that the BID application is not in conformity with this subchapter, the Mayor shall specify the particular items that need to be corrected and notify the applicant that the application can be corrected and resubmitted within 30 days from the date of this notification. If a corrected BID application is not submitted within the 30-day period, the Mayor shall enter an order rejecting the application. If the Mayor determines that the criteria set forth in § 2-1215.04(a)(1) have not been met, the Mayor shall notify the applicant that this standard has not been met and the applicant shall not be eligible to resubmit an application for a period of one year from the initial date of submission.

(2) Once the Mayor affirmatively determines that the BID application requirements have been met, the Mayor shall issue a notice of preliminary finding to the applicant and to Council.


(May 29, 1996, D.C. Law 11-134, § 5, 43 DCR 1684; renumbered as § 6, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(e), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2275.

Section References

This section is referenced in § 2-1215.06, § 2-1215.09, § 2-1215.51, § 2-1215.56, § 2-1215.57, § 2-1215.58, and § 2-1215.59.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 substituted “Department of Small and Local Business Development, or a successor thereto” for “Deputy City Administrator for Business Services and Economic Development” in (a).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(e) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(e) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.06. Hearing.

(a) The Mayor shall hold a public hearing within 45 days of the issuance of his findings pursuant to § 2-1215.05(b)(2). The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the functions described by this section.

(b) Notice to the public shall be made no less than 21 days prior to the hearing.

(c) The Mayor shall advertise the notice of the public hearing along with the notice of preliminary finding in the District of Columbia Register.

(d) No fewer than 21 days before the public hearing, the applicant shall send, by first class mail or electronically, notice of the Mayor’s preliminary determination, notice of the public hearing, including the date, time, and place and availability of the BID application for review, and a summary of the application stating the borders of the proposed BID, the BID plan, and the BID taxes to the following, to the extent reasonably ascertainable:

(1) The Secretary to the Council;

(2) Each owner of taxable property within the proposed BID area at the address shown in the most recent real property tax assessment records or, at the election of the applicant, another address if it is reasonably determined that the information in the District’s records is dated;

(3) Each commercial tenant within the proposed BID area;

(4) Each advisory neighborhood commission in which the proposed BID is located; and

(5) Each major citizens association covering the area in which the proposed BID is located.

(e) The BID application shall be made available to the public for review during normal business hours on weekdays in at least one location in the proposed BID area designated by the applicant on a publicly accessible web site and at a generally accessible District government office designated by the Mayor. The notice of the public hearing shall describe these locations.

(f) The Mayor shall use the public hearing on the proposed BID to determine whether the BID plan meets the purposes of this subchapter and the definition of BID activity in § 2-1215.02, and all other BID application requirements.

(g) Within 10 days after the public hearing (excluding Saturdays, Sundays, and holidays) the Mayor shall either:

(1) Register the BID and the nonprofit corporation that submitted the application under § 2-1215.04 as the BID corporation; or

(2) Determine that the BID application requirements have not been met or that the BID plan does not meet the purposes of this subchapter and the definition of BID activity in § 2-1215.02. The Mayor shall specify the particular items that need to be corrected and notify the applicant that he will have 45 days from the date of this notification within which to correct the BID application.

(A) If a corrected BID application is submitted within the 45-day period, and the Mayor affirmatively determines that the corrected application adequately addresses the items that were included in the Mayor’s notification, the Mayor shall register the BID and the nonprofit corporation that submitted the application under § 2-1215.04 as the BID corporation.

(B) If a corrected BID application is submitted within the 45-day period, and the Mayor affirmatively determines that the corrected application does not adequately address the particular items needing correction that were included in the Mayor’s notification, the Mayor shall issue an order rejecting the registration. This order shall include the findings of fact upon which it is based.

(C) If a corrected BID application is not submitted within the 45-day period, the Mayor shall issue an order rejecting the registration. This order shall include findings of fact.

(h) If an order of rejection is not issued within 60 days from the date of the public hearing, the BID and the nonprofit corporation that submitted the application under § 2-1215.04 shall be deemed registered by the Mayor; except that, if the corrected application under subsection (g) of this section is determined by the Mayor to contain substantial changes, the Mayor may extend the review period for 5 business days. After such time the BID and the nonprofit corporation that submitted the application under § 2-1215.04 shall be deemed registered.

(i) Proceedings and determinations under the provisions of this subchapter shall not be considered contested cases under Chapter 5 of this title.


(May 29, 1996, D.C. Law 11-134, § 6, 43 DCR 1684; renumbered as § 7, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Apr. 20, 1999, D.C. Law 12-264, § 11(b), 46 DCR 2118; Feb. 26, 2015, D.C. Law 20-161, § 2(f), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2276.

Section References

This section is referenced in § 2-1215.05, § 2-1215.07, § 2-1215.09, § 2-1215.15, § 2-1215.18, § 2-1215.51, and § 2-1215.56.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 substituted “Department of Small and Local Business Development, or a successor thereto” for “Deputy City Administrator for Business Services and Economic Development” in (a); rewrote (c) and (d); and added “on a publicly accessible website” in (e).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(f) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(f) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

Mayor's Orders

Registration of Business Improvement District Pursuant to D.C. Law 11-134, the “Business Improvement Districts Act of 1996.”: See Mayor’s Order 97-153, September 2, 1997 ( 44 DCR 5258).

Registration of the Golden Triangle Business Improvement District Pursuant to D.C. Law 11-134, the “Business Improvement Districts Act of 1996.”: See Mayor’s Order 97-202, December 3, 1997 ( 45 DCR 51).

Registration of the Georgetown Business Improvement District Pursuant to D.C. Law 11-134, the “Business Improvement Districts Act of 1996.”: See Mayor’s Order 99-33, February 8, 1999 ( 46 DCR 1205).


§ 2–1215.07. Board of Directors; officers; qualifications; expenses.

(a) The powers of each BID corporation shall be vested in a Board of Directors (“Board”). Board members shall include owners, or principals, agents, partners, managers, trustees, stockholders, officers, or directors of owners, and commercial tenants, and also may include residents, community members, and governmental officials; provided, that not less than a majority of all Board members shall represent owners.

(b) The initial Board of the BID corporation shall be the directors of the nonprofit corporation that submitted the BID application and that the Mayor designated as the BID corporation pursuant to § 2-1215.06. Within 120 days of the registration of the BID corporation, the members of the BID shall have the opportunity to nominate and elect the Board as provided in the BID articles of incorporation or bylaws.

(c) The Board and its officers shall have all the power and authority of nonprofit corporations established under District law, except to the extent specifically precluded by this subchapter. This power shall include, but not be limited to, the authority to accept donations or gifts of money and property, to apply for and receive grants from public and private sources, and to borrow money or issue bonds.

(d) No Board member, officer of the BID corporation, or any member shall be paid any salary or other remuneration for serving as such, but may be reimbursed for actual and reasonable out-of-pocket expenses incurred in the performance of such person’s duties in connection with the BID, except that an officer who also serves as the managing agent of the BID may receive compensation.

(e) Each Board may hire a managing agent to perform any or all of the Board’s nonfiduciary duties at a commercially reasonable rate and for such terms as the Board deems advisable. A managing agent shall not be a BID member or an affiliate of a BID member, but may be a property manager or asset manager of one or more of the properties located in the BID.

(f) The Board may employ other persons to assist in carrying out the functions of the BID corporation.


(May 29, 1996, D.C. Law 11-134, § 7, 43 DCR 1684; renumbered as § 8, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Apr. 20, 1999, D.C. Law 12-264, § 11(c), 46 DCR 2118.)

Prior Codifications

1981 Ed., § 1-2277.

Section References

This section is referenced in § 2-1215.04.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.08. Bylaws and articles of incorporation; amendments.

(a) The Board of each BID corporation shall govern the BID corporation in accordance with the articles of incorporation and bylaws which shall be the articles of incorporation and bylaws of the nonprofit corporation that submitted the BID application. The members shall have the opportunity to be present and vote to adopt amendments to the initial bylaws at a meeting to be held within 120 days of the registration of the BID by the Mayor; provided, that members shall follow the procedures for offering such amendments as provided in the BID’s articles of incorporation or bylaws. Bylaws of the BID corporation shall set forth the powers and duties of the Board and its officers, the procedures for removal and replacement of Board members and officers, the method of determining BID taxes consistent with this subchapter or other Council authorization, the calling of meetings and the requirements for a quorum, ethics and conflict of interest standards, and such other information as is deemed advisable. In all cases the bylaws shall be consistent with the requirements imposed on nonprofit corporations under the applicable laws of the District, the provisions of this subchapter, and any regulations adopted pursuant to this subchapter.

(b)(1) The Board, by a ⅔ vote at a meeting called for such purposes, may adopt amendments to the BID bylaws, BID plan, and BID taxes authorized by this or any other act of the Council to reflect the changing needs of the BID corporation, which shall be duly ratified by a majority vote of the members present or voting or voting by proxy, to the extent not otherwise provided for in BID bylaws, at a regularly scheduled meeting at which a quorum is present.

(2) Amendments shall comply with all applicable provisions of this subchapter and any regulation adopted pursuant to this subchapter.

(3) Adopted amendments to the BID plan, including, but not limited to, any proposed amendment to the BID taxes, shall be filed with the Mayor within 15 days of adoption. The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section.

(A) The Mayor shall have 30 days after receipt of a revised BID plan to review such revisions and determine if they are in conformity with the terms of this subchapter.

(B) If the Mayor determines that the BID plan revisions are in conformity with the terms of this subchapter, the Mayor shall certify such revisions and notify the BID Board that the BID plan revisions have been certified.

(C) If the Mayor determines that the BID plan revisions are not in conformity with this subchapter, the Mayor shall not certify such revisions and shall notify the BID Board that the BID plan revisions have not been certified and cannot take effect. The Mayor shall specify the particular items that need to be corrected and notify the BID Board that they will have 45 days from the date of this notification within which to correct the BID plan revisions.

(i) If a corrected BID plan revision is submitted within the 45-day period and the Mayor affirmatively determines that the corrected application adequately addresses the items that were included in the Mayor’s notification, the Mayor shall certify the BID plan revisions.

(ii) If a corrected BID plan revision is submitted within the 45-day period, and the Mayor affirmatively determines that the corrected plan revision does not adequately address the particular items needing correction that were included in the Mayor’s notification, the Mayor shall notify the BID Board that the BID plan revisions have not been certified and cannot take effect.

(iii) If a corrected BID plan revision is not submitted within the 45-day period, the Mayor shall notify the BID Board that the BID plan revisions have not been certified and cannot take effect.

(D) If the Mayor fails to either certify the BID plan revisions or to notify the BID Board that the BID plan revisions have not been certified within 75 days of the date of their filing with the Mayor, such BID plan revisions shall be deemed to be certified by the Mayor.

(4) BID taxes can only be amended once annually.


(May 29, 1996, D.C. Law 11-134, § 8, 43 DCR 1684; renumbered as § 9, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(g), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2278.

Section References

This section is referenced in § 2-1215.15, § 2-1215.51, § 2-1215.53, § 2-1215.55, § 2-1215.57, and § 2-1215.58.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 redesignated the introductory paragraph of (b) as (b)(1), and redesignated the remaining subdivisions accordingly; substituted “present or voting or voting by proxy, to the extent not otherwise provided for in BID bylaws” for “present and voting” in (b)(1); and substituted “Department of Small and Local Business Development, or a successor thereto” for “Deputy City Administrator for Business Services and Economic Development” in (b)(3).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(g) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(g) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.09. Expanding the geographic area of a BID.

(a) Except as provided in § 2-1215.09a, an established BID may only expand its geographic area if:

(1)(A) Owners of at least 51% interest in the assessed value of the taxable properties and at least 25% in number of individual properties of record in a geographic area petition the existing BID to join the BID;

(B) Repealed;

(2) The BID meets the definition set forth in § 2-1215.02(7) in relation to the existing BID borders;

(3) Such petition is accepted by a majority vote of the existing BID Board; and

(3A) The petition is submitted to the Mayor with:

(A) The name and address of the BID corporation and a copy of the resolution adopted by the Board of Directors of the BID corporation accepting the petition;

(B) A description by lot, square, and street address of the property of each owner in the petition area, to the extent reasonably ascertainable; provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(C) The most recent assessed value of each taxable property located in the petition area to the extent reasonably ascertainable from District property tax records or a final determination of the Real Property Tax Appeals Commission for the District of Columbia; provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(D) A business plan for including the petition area in the operations of the BID. The business plan shall contain, at a minimum:

(i) A map of the geographic area of the petition area and the existing BID;

(ii) The specific goals and objectives for the inclusion of the petition area in the BID consistent with the BID activity as defined in this subchapter; and

(iii) The applicable BID taxes;

(E) A list of the current members of the Board of Directors of the BID; and

(F) The current articles of incorporation and the bylaws of the BID.

(4) Such petition is approved by the Mayor in accordance with the procedures set forth in § 2-1215.05 and § 2-1215.06; provided, that wherever the word “application” or phrase “BID application” appears in § 2-1215.05 or § 2-1215.06, the word or phrase shall be considered to refer to the expansion petition, and wherever reference is made to the registration of the BID and the nonprofit corporation in § 2-1215.06, the reference shall be considered to refer to registration of the expanded BID. The Mayor may designate the Deputy Mayor for Planning and Economic Development, or a successor thereto, to perform the review functions described by this section.

(5) The Mayor shall approve a petition if the Mayor determines that the petition was properly filed and adoption of the petition is consistent with the purposes of this subchapter and the definition of BID activity in § 2-1215.02(6).

(b) An expansion of a BID’s geographic area pursuant to this section shall become effective on the effective date of an act of Council which approves such BID geographic expansion. Initial BID taxes for such area shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.15.

(c) For the purposes of this section, individual taxable BID properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Taxation and Revenue or Office of Recorder of Deeds; provided, that any property subdivided into separate condominium units shall constitute a single property for the purpose of determining the number of taxable BID properties referred to in subsection (a) of this section; provided further, that such condominium units shall constitute separate properties for purposes of assessing and levying any BID charges. Changes in the assessed values occurring after submission of a BID application, whether through regular reassessment, appeals, or otherwise, shall not affect the validity of the BID application to be taken into account in the Mayor’s review of the BID application.


(May 29, 1996, D.C. Law 11-134, § 9, 43 DCR 1684; renumbered as § 10, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Apr. 3, 2001, D.C. Law 13-213, § 2(b), 47 DCR 9467; Oct. 1, 2002, D.C. Law 14-183, § 2(b), 49 DCR 6056; Apr. 8, 2011, D.C. Law 18-363, § 3(d)(2), 58 DCR 963; Feb. 26, 2015, D.C. Law 20-161, § 2(h), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2279.

Section References

This section is referenced in § 2-1215.15.

Effect of Amendments

D.C. Law 13-213 rewrote subpar. (B) of par. (1) of subsec. (a) which prior thereto read:

“(B) With respect to areas outside the central employment area and Georgetown, owners who own at least 51% of the interest in the assessed value of the commercial properties, owners who own at least 51% of the individual properties, and at least 51% of the number of commercial tenants petition the existing BID to join the BID;”

D.C. Law 14-183, added subsec. (a)(3A); in subsec. (a)(4), substituted “§ 2-1215.05 and § 2-1215.06; provided, that wherever the word ‘application’ or phrase ‘BID application’ appears in § 2-1215.05 or § 2-1215.06, the word or phrase shall be considered to refer to the expansion petition, and wherever reference is made to the registration of the BID and the nonprofit corporation in § 2-1215.06, the reference shall be considered to refer to registration of the expanded BID” for “§ 2-1215.05” and substituted “Deputy Mayor for Planning and Economic Development, or a successor thereto,” for “Deputy City Administrator for Business Services and Economic Development”; and added subsec. (a)(5).

D.C. Law 18-363, in subsec. (a)(3A)(C), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “District’s Board of Real Property Assessments and Appeals”.

The 2015 amendment by D.C. Law 20-161 added “Except as provided in § 2-1215.09a” in the introductory language of (a); in (a)(1)(A), substituted “taxable properties” for “nonexempt real properties” and deleted “or” from the end; repealed (a)(1)(B); substituted “taxable property” for “nonexempt real property” in (a)(3A)(C); and substituted “taxable BID properties” for “nonexempt properties” throughout (c).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 day) amendment of section, see § 2(b) of North Capital Expansion and Expansion of Business Improvement District Emergency Amendment Act of 2002 (D.C. Act 14-258, January 30, 2002, 49 DCR 1420).

For temporary (90 days) amendment of this section, see § 2(h) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(h) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

For temporary (225 day) amendment of section, see § 2(b) of the North Capitol Expansion and Expansion of Business Improvement Districts Temporary Amendment Act of 2002 (D.C. Law 14-118, May 2, 2002, law notification 49 DCR 4393).

Mayor's Orders

Expansion of the Golden Triangle Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, see Mayor’s Order 2003-153, October 31, 2003 ( 50 DCR 9985).


§ 2–1215.09a. Adjacent or abutting properties.

(a) An owner of an adjacent or abutting property may petition to join an existing BID if the owner sends a letter requesting to be added to a BID to the BID Board and to the Mayor, listing the address, square and lot number, owner, and owner’s contact information. The BID board must vote to approve the addition. If the BID Board votes to approve adding the additional property, the BID Board shall send a letter to the Mayor with the results of the vote (“results letter”).

(b)(1) The Mayor shall have 30 days after receiving the results letter from the BID Board to review the proposed addition and determine if the addition is an adjacent or abutting property not currently located in another BID. If the Mayor finds that the proposed addition is not an adjacent or abutting property or that the proposed addition is currently located in another BID, the Mayor may issue an order rejecting the addition.

(2) If the Mayor does not issue an order approving or rejecting the addition within the 30-day review period, the addition shall be deemed approved.

(3) If the addition is approved or deemed approved, the property shall be added to the BID at the next regularly scheduled billing pursuant to § 2-1215.15.

(c) The proposed addition shall be subject to §  2-1215.09(c).


(May 29, 1996, D.C. Law 11-134, § 10a; as added Feb. 26, 2015, D.C. Law 20-161, § 2(i), 61 DCR 10741.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).


§ 2–1215.09b. Expanding the taxable real property within a BID.

(a) An established BID may only expand categories of taxable real property if:

(1) Owners of at least 51% interest in the assessed value of the taxable real properties and at least 25% in number of individual real properties, consisting of a new type of taxable real property of record within the BID’s geographic area, petition the existing BID to join the BID or the board of directors of any condominium association on behalf of a real property within the geographic boundaries of the Downtown BID or Golden Triangle BID petition to join such BID;

(2) The petition is accepted by a majority vote of the existing BID Board;

(3) The petition is submitted to the Mayor with:

(A) The name and address of the BID Corporation and a copy of the resolution adopted by the Board of Directors of the BID Corporation accepting the petition;

(B) A description by lot, square, and street address of the property of each owner of the proposed new taxable real property type, to the extent reasonably ascertainable; provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(C) The most recent assessed value of each taxable real property of the proposed new taxable real property type, to the extent reasonably ascertainable from District property tax records or a final determination of the Real Property Tax Appeals Commission for the District of Columbia; provided, that a property subdivided into separate condominium units shall constitute a single real property for purposes of this subparagraph;

(D) A business plan for including the petition area in the operations of the BID; which business plan shall contain, at a minimum:

(i) The specific goals and objectives for the inclusion of the petitioning real property class in the BID consistent with the BID activity, as defined in § 2-1215.02(6); and

(ii) The applicable BID taxes;

(E) A list of the current members of the Board of Directors of the BID; and

(F) The current articles of incorporation and the bylaws of the BID; and

(4) The petition is approved by the Mayor in accordance with the procedures set forth in §§ 2-1215.05 and 2-1215.06; provided, that wherever the word “application” or the phrase “BID application” appears in § 2-1215.05 or § 2-1215.06, the word or phrase shall be considered to refer to the expansion petition, and wherever reference is made to the registration of the BID and the nonprofit corporation in § 2-1215.06, the reference shall be considered to refer to registration of the expanded BID.

(b) The Mayor shall approve a petition if the Mayor determines that the petition was properly filed and adoption of the petition is consistent with the purposes of this subchapter and the BID activity, as defined in § 2-1215.02(6). An expansion of a BID’s taxable real property pursuant to this section shall become effective on the effective date of an act of Council approving the BID’s taxable real property expansion. Initial BID taxes for the area shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.15.

(c)(1) For the purposes of this section, individual taxable properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Tax and Revenue or Office of Recorder of Deeds; provided, that any property subdivided into separate condominium units shall constitute a single property for the purpose of determining the number of taxable properties referred to in subsection (a) of this section; provided further, that the condominium units shall constitute separate properties for purposes of assessing and levying any BID charges.

(2) Changes in the assessed values occurring after submission of a BID application, whether through regular reassessment, appeals, or otherwise, shall not affect the validity of the BID application to be taken into account in the Mayor’s review of the BID application.

(d) The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section.


(May 29, 1996, D.C. Law 11-134, § 10b; as added Feb. 26, 2015, D.C. Law 20-161, § 2(i), 61 DCR 10741; Apr. 7, 2017, D.C. Law 21-243, § 2(b), 64 DCR 1614; Oct. 11, 2018, D.C. Law 22-161, § 2(b), 65 DCR 7680.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Golden Triangle Business Improvement District Emergency Amendment Act of 2018 (D.C. Act 22-403, July 16, 2018, 65 DCR 7520).

For temporary (90 days) amendment of this section, see § 2(b) of Downtown Business Improvement District Emergency Amendment Act of 2016 (D.C. Act 21-642, Jan. 25, 2017, 64 DCR 935).

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).


§ 2–1215.09c. Expanding the taxable real property within a BID for newly enacted BIDs.

(a) A BID established after February 26, 2015, may only expand categories of taxable real property to include Class I residential property if:

(1) Owners of at least 51% interest in the assessed value of the taxable real properties and at least 25% in number of individual real properties, consisting of a new type of taxable real property of record within the BID’s geographic area, petition the existing BID to join the BID;

(2) The petition is accepted by a majority vote of the existing BID Board; and

(3) The petition is submitted to the Mayor with:

(A) The name and address of the BID Corporation and a copy of the resolution adopted by the Board of Directors of the BID Corporation accepting the petition;

(B) A description by lot, square, and street address of the property of each owner of the proposed new taxable real property type, to the extent reasonably ascertainable; provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(C) The most recent assessed value of each taxable real property of the proposed new taxable real property type, to the extent reasonably ascertainable from District property tax records or a final determination of the Real Property Tax Appeals Commission for the District of Columbia;

(D) A business plan for including the petition area in the operations of the BID; which business plan shall contain, at a minimum:

(i) The specific goals and objectives for the inclusion of the petitioning real property class in the BID consistent with the BID activity as defined in § 2-1215.02(6); and

(ii) The applicable BID taxes;

(E) A list of the current members of the Board of Directors of the BID; and

(F) The current articles of incorporation and the bylaws of the BID; and

(4) The petition is approved by the Mayor in accordance with the procedures set forth in §§ 2-1215.05 and 2-1215.06; provided, that wherever the word “application” or phrase “BID application” appears in §§ 2-1215.05 and 2-1215.06, the word or phrase shall be considered to refer to the expansion petition, and wherever reference is made to the registration of the BID and the nonprofit corporation in § 2-1215.06, the reference shall be considered to refer to registration of the expanded BID.

(b) The Mayor shall approve a petition if the Mayor determines that the petition was properly filed and adoption of the petition is consistent with the purposes of this subchapter and the definition of BID activity in § 2-1215.02(6)(B). An expansion of a BID’s taxable real property pursuant to this section shall become effective on the effective date of an act of Council that approves such BID’s taxable real property expansion. Initial BID taxes for such area shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.15.

(c)(1) For the purposes of this section, individual taxable properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Tax and Revenue or Office of Recorder of Deeds.

(2) Changes in the assessed values occurring after submission of a BID application, whether through regular reassessment, appeals, or otherwise, shall not affect the validity of the BID application to be taken into account in the Mayor’s review of the BID application.

(d) The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section.


(May 29, 1996, D.C. Law 11-134, § 10c; as added Feb. 26, 2015, D.C. Law 20-161, § 2(i), 61 DCR 10741.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).


§ 2–1215.10. Meetings of members and the Board.

(a) Except as otherwise provided by this subchapter, meetings of the members shall be held in accordance with the provisions of the bylaws but shall occur at least once each year after the formation of the BID. The bylaws shall specify an officer who shall send each member notice of the time, place, and purposes of the meeting. Notice shall be given at least 21 days in advance of any annual or regularly scheduled meeting and at least 7 days in advance of any other meeting, in one of the following ways:

(1) First class mail to all members of record at the address of their respective properties and to such other address as may have been designated to the officer;

(2) Hand delivered by the officer, or the officer’s agent; provided, that the officer certifies in writing that notice was actually delivered to the member; or

(3) Electronically to the member’s email address of record as may have been designated to the officer.

(b) All meetings of the Board shall be open to members. Minutes shall be recorded and shall be made reasonably available to all members and the Mayor and the Council.

(c) Meetings may be held by telephone, electronically, or by other means of communication; provided, that all participants can hear or read the proceeding, vote on the matters discussed, and make comments.


(May 29, 1996, D.C. Law 11-134, § 10, 43 DCR 1684; renumbered as § 11, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(j), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2280.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 rewrote (a); and added (c).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(j) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(j) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.11. Voting.

(a) The articles of incorporation shall provide that each member is entitled to vote. The articles of incorporation and the bylaws may allocate to each BID member a number of votes. The number of votes allocated to each member may be based on any fair and equitable formula that ensures not less than one vote per member and may take into account certain variables, including, but not limited to, assessed value of property owned or occupied, square footage owned or occupied, street frontage owned or occupied, location of property owned or occupied within the BID, obligation to pay BID taxes in the case of property owners, voluntary contribution to the BID in the case of exempt property owners, and payment for services under contract in the case of the federal government’s General Services Administration.

(b) The articles of incorporation and the bylaws may govern how members may cast multiple votes, if multiple votes are allocated, and whether and how proxy voting will be recognized.

(c) In no case shall the total number of votes assigned to any one member or to any number of members under common ownership or control exceed 33 1/3% of the total number of votes which may be cast. For purposes of this section, ownership or control shall mean the possession of the power to directly or indirectly cause the direction of the management and the policies of the entity in question.


(May 29, 1996, D.C. Law 11-134, § 11, 43 DCR 1684; renumbered as § 12, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2281.

Section References

This section is referenced in § 2-1215.04.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.12. Books, minutes, and records; inspection; accounts; budgets.

(a) The BID’s treasurer shall keep detailed records of the receipts and expenditures affecting the operation and administration of the BID. All such records, minutes of the meetings of the BID’s members and Board, and any other records pertaining to the BID, including the names and addresses of the members, shall be available for examination by all of the members, the Mayor, the CFO, and the Council at convenient hours on working days that shall be set and announced for general knowledge. Subject to the provisions of subsection (b) of this section, upon request, any member, the Mayor, the CFO, or Council shall be provided a copy of the records and minutes.

(b) Books and records kept by or on behalf of a BID may be withheld from examination or copying by members or others to the extent that the records concern:

(1) Personnel matters;

(2) Communications with legal counsel or attorney work product;

(3) Transactions currently in negotiation and agreements containing confidentiality requirements;

(4) Pending litigation;

(5) Pending matters involving formal proceedings for enforcement of the BID articles of incorporation, bylaws, or rules and regulations promulgated pursuant thereto; or

(6) Disclosure of information in violation of law.

(c) The BID may impose and collect a charge, reflecting its actual costs of materials and labor, prior to providing copies of any books and records to members.

(d) The Board of each BID corporation may establish such checking, savings, money market, or other depository accounts as it deems advisable; provided, that such accounts may be established only in a federally insured financial institution doing business in the District.

(e) Upon establishment of the BID and no later than September 15th of each subsequent fiscal year, the Board of each BID corporation shall deliver to all members of record by first class mail, or by personal delivery, an operating budget outlining the Board’s then current projections of revenues and operating expenses for the forthcoming fiscal year or portion thereof. The Board also shall deliver to the members of record from time to time, as circumstances warrant, a supplement to the then current operating budget outlining any material changes in anticipated expenditures or income during the applicable budget year. The Board shall update each operating budget and supplement from time to time as the Board receives information requiring material changes to such operating budget or supplement. Operating budgets and supplements shall not require the prior approval of the members. Each operating budget and supplement shall be effective upon delivery to the members of record, or the later effective date set forth in the budget or supplement. For purposes of this section, a material change is a change where major programmatic activity not anticipated in a previously approved plan is undertaken or that involves a reallocation of more than 10% of the anticipated revenues in a budget year.

(f) BIDs are exempt from the records requirement of § 29-413.01.


(May 29, 1996, D.C. Law 11-134, § 12, 43 DCR 1684; renumbered as § 13, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(k), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2282.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 added (f).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(k) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(k) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.13. Annual report of BID corporation.

(a) The Board of each BID corporation shall file an annual report with the Mayor and the Council in compliance with subsection (b) of this section and financial statements with the CFO in compliance with subsection (c) of this section in such forms and at such times as are prescribed by regulations promulgated under this subchapter. The requirement for filing of an annual report shall commence in the first full fiscal year after BID registration.

(b) Each annual report shall include, at a minimum:

(1) A financial statement for the preceding year, including a balance sheet, statement of income and loss, and such other information as is reasonably necessary to reflect the BID’s actual financial performance. Such statements shall be certified by the treasurer of the BID corporation and shall be prepared on a cash basis or an accrual basis in accordance with generally accepted accounting principles consistently applied;

(2) A proposed operating budget for the then current fiscal year; and

(3) A narrative statement or chart showing the results of operations in comparison to stated goals and objectives.

(c) Each financial statement package submitted to the CFO shall include, at a minimum, a financial statement, budget, and narrative statement in the same form as required by subsection (b) of this section.

(d) A copy of each annual report shall be sent to the Council, to any Advisory Neighborhood Commission in which any portion of the BID is located, and to all members in the BID, in each case by first class mail, personal delivery, or electronically. Annual reports shall also be posted on BID websites.

(e) In connection with the filing of each annual report, each BID corporation shall allow its books and records to be open for inspection by the Mayor, the CFO, and the Council during reasonable working hours for such period of time as is prescribed by regulations promulgated under this subchapter.


(May 29, 1996, D.C. Law 11-134, § 13, 43 DCR 1684; renumbered as § 14, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(l), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2283.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 substituted “mail, personal delivery, or electronically. Annual reports shall also be posted on BID websites” for “mail or by personal delivery” in (d).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(l) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(l) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.14. Liability.

(a) The District shall not be liable or responsible in any manner for any debts incurred, or for any acts or inactions, by the Board or by any agent, employee, or member of the BID corporation. The BID shall reimburse the District for any legal fees or any other legal expenses related thereto, that it may incur as a result of defending against any claim brought against it, or its agents, or officers, as a result of carrying out any actions under this subchapter; provided that the BID shall not be required to reimburse the District for any legal fees or any other expenses related thereto, that the District incurs as a result of defending against any claim brought against it, or its agents, or officers, by the BID if the BID is the substantially prevailing party.

(b) Neither a director, officer, or member nor any affiliate of a director, officer, or member, nor any shareholder, officer, director, employee, partner, agent, or advisor of a director, officer, or member nor an affiliate of any director, officer, or member of the BID shall be personally liable to the BID corporation or to any owner or member for loss or damage caused by any act or omission in such capacity, except for losses or damages caused by such party’s fraudulent, willful, or wanton conduct or misconduct, breach of the BID instruments, or gross negligence. The BID corporation shall indemnify (only to the extent of BID corporation assets without recourse to any owner or member) any person who was or is a party or threatened to be made a party to any threatened, pending, or completed action, suit or proceeding (other than an action by or on behalf of the BID corporation), which action, suit, or proceeding arises out of or relates to any claim, issue, or matter involving or affecting the BID corporation, by reason of the fact that such party is or was a director, officer, or member, an affiliate of a director, officer, or member, or an officer, shareholder, director, employee, partner, agent, or advisor of a director, officer, or member or an affiliate of any director, officer, or member, or is or was serving at the request of the BID corporation as an officer, shareholder, director, employee, agent, or advisor of another partnership, corporation, joint venture, trust, or other enterprise, against all expenses, including attorneys’ fees, judgments, fines, and amounts paid in settlement, actually and reasonably incurred by such party in connection with such action, suit, or proceeding, so long as such party acted in good faith in a manner reasonably believed to be in or not opposed to the best interest of the BID corporation; provided, that no indemnification shall be made in respect of any claim, issue, or matter as to which a party has been adjudged to be liable for fraudulent, willful, or wanton conduct or misconduct, breach of the BID instruments, or gross negligence, or with respect to any criminal action or proceeding.

(c) The BID corporation may maintain insurance on behalf of any person who is or was a director or officer or the shareholder, employee, partner, agent, or advisor of a director or officer for a liability asserted against it and incurred by such party in any such capacity or arising out of such party’s status as such, whether or not the BID corporation would have the power to indemnify such party against such liability under this section.


(May 29, 1996, D.C. Law 11-134, § 14, 43 DCR 1684; renumbered as § 15, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2284.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

Temporary revision of subchapter: D.C. Law 12-23 amended this subchapter. See Historical and Statutory Notes following § 2-1215.01.

Section 4(b) of D.C. Law 12-23 provided that this act shall expire on the 225th day of its having taken effect.


§ 2–1215.15. Collection and disbursement of BID taxes.

(a) Within 10 days of its date of registration, and 90 days in advance of the beginning of each fiscal year, each BID shall provide the CFO with a preliminary BID tax roll, which shall include, for each property subject to the relevant BID tax, the square number, the lot number, the name of the BID, the period of time for the BID tax, and the amount of the BID tax for that property for that period of time. In addition to the preliminary tax roll, the BID shall also provide supporting information which describes the information relied upon by the BID in preparing the preliminary tax roll. The supporting information shall be based on information provided to the BID by the Office of Taxation and Revenue and any other reliable source. The preliminary BID tax roll and the supporting information shall be prepared in such form as may be prescribed by regulation by the CFO. In the event that a BID fails to provide the preliminary BID tax roll and the supporting information within the time period specified by this subsection, the BID taxes shall be collected at the time of the next regularly scheduled tax bill.

(b) During a control year, the CFO, and in any other year, the Mayor shall examine the preliminary BID tax roll and backup information and shall make any changes it deems are required by this subchapter. During a control year, the CFO, and in any other year, the Mayor, shall certify a final BID tax roll no later than 30 days prior to the billing dates described in subsection (e) of this section.

(c) Except as otherwise provided by this subchapter, BID taxes shall be collected by the CFO during a control year, and by the Mayor in any other year. Except as otherwise provided by this subchapter, BID taxes shall be collected in the same manner as real property taxes are collected. The CFO during a control year, and the Mayor in any other year, may contract with a financial institution having assets in excess of $50 million or a BID (if the BID tax is related to such BID) to perform services for the District in connection with the collection and distribution of BID taxes.

(d) BID taxes shall be effective as of the date a BID is registered or deemed registered by the Mayor pursuant to § 2-1215.06, except for BID taxes that become effective pursuant to § 2-1215.04(f) or (g). Any changes to the BID tax adopted pursuant to § 2-1215.08 shall be effective as of the first day of the subsequent fiscal year. BID taxes related to real properties affected by a geographic or taxable real property tax base expansion of the BID shall be effective as of the date the expansion becomes effective.

(e) BID taxes shall be payable in advance and shall cover the 6 months following the due date of the billing described by paragraph (1) of this subsection; provided however, in the case of the period of time between the effective date of a BID’s registration and the last day of the applicable 6-month period, BID taxes shall be payable as described by paragraph (2) of this subsection.

(1) BID taxes shall be due and payable semiannually in 2 equal installments, the first being paid on or before September 15 preceding the real property tax year for the period October 1 through March 31, and the second installment to be paid on or before March 31 of the real property tax year for the period April 1 through September 30.

(2) BID taxes for the period of time between the effective date of a BID’s registration and the last day of the applicable 6-month period shall be collected through a special bill, if the relevant BID application requests such a special bill, to be mailed by the District or its contractee within 30 days of the effective date of the BID tax with such special bill due for payment 45 days from the date of such special bill, or if the BID application does not request such a special bill, the BID taxes for such period of time shall be billed at the time of the next practicable regularly scheduled property tax bill pursuant to paragraph (1) of this subsection, along with any other BID taxes collectible at the time of such billing.

(f) If at any time after the dates provided by subsection (e) of this section any BID tax is not paid within the time prescribed, there shall be added to the BID tax a penalty of 10% of the unpaid amount plus simple interest on the unpaid amount at the rate of 1.5% per month or portion of a month until the BID tax is paid.

(g) If any BID tax shall remain unpaid after the expiration of 60 days from the date such tax became due, the property subject to such BID tax may be sold at the next ensuing tax sale in the same manner and under the same conditions as property sold for delinquent real property taxes, if such BID taxes with interest and penalties thereon shall not have been paid in full prior to said sale. If an accounting is made in accordance with, and subject to, § 47-1340(f), of the District of Columbia Code, the proceeds from such sale shall be applied towards such delinquent BID taxes together with interest and penalties thereon, including costs associated with such sale; provided, that the proceeds from such sale shall be applied first to any delinquent real property taxes (and penalties and costs associated therewith), and then, to the extent a required accounting is made in accordance with § 47-1340(f), in the following order of priority: any delinquent water and sewer charges; any lien for tenant relocation expenses under § 42-3531.15; and any delinquent litter control nuisance fines, in accordance, respectively, with §§ 47-1303.4 [47-1303.04], 34-2407.02, 34-211, and 8-807. The proceeds shall then be applied towards any other delinquent tax, aside from the BID tax, owed by the owner of such property. The proceeds due for such delinquent BID taxes with interest and penalties thereon shall then be delivered to the collection agent for deposit into the relevant special account within 30 business days of its receipt by the District or the BID pursuant to § 2-1215.17.

(g-1)(1) Notwithstanding subsection (g) of this section, a BID tax resulting from a possessory interest shall be collected in accordance with Chapter 44 of Title 47 and the holder of the possessory interest shall be liable.

(2) For periods beginning after September 30, 2003, the BID tax resulting from the possessory interest shall be in proportion to the pro rata share of the real property, as determined by the Chief Financial Officer, occupied by holder of the possessory interest where the BID tax is based on assessed value, net rentable area, gross building area, square footage, or number of hotel rooms. BID taxes based on a per unit basis shall not be apportioned.

(3) Repealed.

(h) The Treasurer of the District shall establish a special account of the District for each BID registered pursuant to § 2-1215.06. Each such special account shall be established by the Treasurer within 20 days of the date of the BID’s registration pursuant to § 2-1215.06.

(1) Within 10 business days of the date of establishment of any such special account, the Treasurer shall contract with the existing real property tax collection agent of the District to collect the BID taxes and to administer each special account created pursuant to this subsection for such period of time that said tax collection agent is responsible for collecting the real property taxes of the District. Upon the termination of any such contract, the District shall contract with the successor tax collection agent of the District to collect the BID taxes and to administer each special account created pursuant to this subsection for such period of time that said tax collection agent is responsible for collecting the real property taxes of the District. Such transactions shall not be subject to Chapter 2 of this title.

(2) Each special account created pursuant to this section shall consist solely of funds deposited pursuant to this section, which funds shall at no time be commingled with the general fund or any other fund of the District. The following shall be deposited into the special account associated with a BID within 3 business days of its receipt by the collection agent:

(A) All BID taxes collected pursuant to subsections (a) through (e) of this section;

(B) All penalties and interest collected pursuant to subsection (f) of this section; and

(C) Any proceeds from collections pursuant to subsection (g) of this section.

(3) The funds received as payment of a BID tax shall be applied first towards any real property taxes owed and to any delinquent real property taxes (and penalties and costs associated therewith) in the manner described by § 47-1303.04(g), before such payment is applied to the BID tax and any associated penalty and interest.

(i) The District may recover costs from the special accounts only as specifically provided by this subsection. Any recovery of funds from a special account shall be only by payment from the collection agent to the District.

(1) The collection agent shall make a payment to the District equal to the amount of any tax refund associated with such special account that the District documents is required pursuant to District law; provided, that to the extent that a special account lacks the funds needed to make a payment pursuant to this paragraph, the collection agent shall make said payment to the District as soon as sufficient funds are deposited into such special account; provided further, that a BID corporation shall have standing to participate in any administrative proceeding or to intervene in any judicial proceeding for the refund of BID taxes associated with such BID.

(2) The collection agent shall make a monthly accounting to each BID of any payments to the District from the special account associated with that BID.

(j) Each month, prior to the 5th day of the month, the collection agent shall make a payment to the BID associated with the special account, which payment shall consist of all of the funds in such account as of the end of the final day of the preceding calendar month; provided, that the collection agent shall first provide for the payment of costs pursuant to subsection (i) of this section; provided further, that the collection agent shall withhold a portion of such funds, not to exceed 2% of the total annual BID taxes associated with such account when the BID taxes are based on assessed value or 1/2 of 1% of the total annual BID taxes associated with such account when BID taxes are based on square footage or per building, that the Treasurer of the District finds is needed as a reserve fund to pay any tax refund that may be required pursuant to District law.

(k) Each month, the collection agent shall provide a statement regarding the transactions in such special account to the Treasurer of the District and to the BID associated with such special account.

(l)(1) No funds may be withdrawn from a special account established pursuant to this section except as specifically provided in subsections (i) and (j) of this section. The District and the collection agent shall not pledge the funds in any special account established pursuant to this section under any circumstances, except that the funds in any such account shall be pledged if and when requested by the BID associated with such account as security for bonds or other borrowing by such BID.

(2) Authority to obligate or expend any taxes collected pursuant to this subchapter shall be subject to the appropriations process.

(m) The BID shall be the beneficial owner of the funds in the special account associated with that BID.


(May 29, 1996, D.C. Law 11-134, § 15, 43 DCR 1684; renumbered as § 16, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Apr. 12, 2000, D.C. Law 13-91, § 127, 47 DCR 520; June 9, 2001, D.C. Law 13-305, § 508(a), 48 DCR 334; Oct. 22, 2012, D.C. Law 19-180, § 2(a), 59 DCR 9421; Dec. 4, 2014, D.C. Law 20-141, § 202, 61 DCR 7763; Feb. 26, 2015, D.C. Law 20-155, §§ 7103(b) and 7104, 61 DCR 9990; Feb. 26, 2015, D.C. Law 20-161, § 2(m), 61 DCR 10741; Oct. 22, 2015, D.C. Law 21-36, §§ 7027, 7102(b), 62 DCR 10905; Feb. 18, 2017, D.C. Law 21-211, § 4, 63 DCR 15307.)

Prior Codifications

1981 Ed., § 1-2285.

Section References

This section is referenced in § 2-1215.09 and § 2-1215.17.

Effect of Amendments

D.C. Law 13-91, in subsec. (g), in the second sentence, substituted “47-1303.4 [§ 47-1303.04, 2001 Ed.] ” for “47-1304.4”; and in par. (h)(3), substituted “47-1303.4(g)” for “47-1304.4(g)”.

D.C. Law 13-305 rewrote the second sentence of subsec. (g) which had read: “The proceeds from such sale shall be applied towards such delinquent BID taxes together with interest and penalties thereon, including costs associated with such sale; provided, that the proceeds from such sale shall be applied first towards any delinquent real property taxes (and penalties and costs associated therewith), and then towards any delinquent water and sewer charges, and then towards any delinquent litter control nuisance fines, in accordance, respectively, with § 47-1303.04, §§ 34-2407.02 and 34-2110, and § 8-807.”

The 2012 amendment by D.C. Law 19-180 rewrote (e)(1).

The 2014 amendment by D.C. Law 20-141, repealed before its effective date, would have substituted “plus simple interest on the unpaid amount at the rate of 1%” for “plus interest on the unpaid amount at the rate of 1 1/2%” in (f).

The 2015 amendment by D.C. Law 20-155 repealed D.C. Law 20-141; and substituted “plus simple interest on the unpaid amount at the rate of 1%” for “plus interest on the unpaid amount at the rate of 1 1/2%” in (f).

The 2015 amendment by D.C. Law 20-161 rewrote the last sentence in (d); and added (g-1).

The 2015 amendment by D.C. Law 21-36 substituted “plus simple interest on the unpaid amount at the rate of 1.5%” for “plus interest on the unpaid amount at the rate of 1%” in (f); added “For periods beginning after September 30, 2003” in (g-1)(2); and repealed (g-1)(3).

Applicability

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the changes made to this section by D.C. Law 21-211 have been implemented.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the creation of this section by § 4 of D.C. Law 21-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-211, see § 7023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 201 of the Residential Real Property Equity and Transparency Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-409, Aug. 1, 2014, 61 DCR 8281).

For temporary (90 days) amendment of this section, see § 7113(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 2(m) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, October 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 7103(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 7103(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(m) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, January 13, 2015, 62 DCR 1269, 21 STAT 735).

For temporary (90 days) amendment of this section, see §§ 7016(w) and 7072(b) 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 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

For temporary (225 day) amendment of section, see § 8(a) of the Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (225 days) amendment of this section, see § 2(s) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Editor's Notes

D.C. Law 20-141 became effective on Dec. 4, 2014, but was repealed prior to its effective date by emergency D.C. Act 20-377, § 7114, eff. July 14, 2014, 61 DCR 7598, by emergency D.C. Act 20-449, § 7104, eff. October 10, 2014, 61 DCR 10915, and by D.C. Law (Act 20-155), § 7104, 61 DCR 9990.


§ 2–1215.16. Additional authority and duties of BIDs; dispute resolution.

(a) A BID’s authority shall include any powers possessed by a nonprofit corporation organized pursuant to District law, including, but not limited to, the authority to accept donations or gifts of money and property, to apply for and receive grants from public and private sources, to carry over funds from one fiscal year to the next, and to borrow money or issue bonds. Any agency or independent agency of the District, as those terms are defined in § 1-603.01, shall acknowledge and recognize the unique characteristics of a BID corporation.

(b) A BID shall make a payment to the District to cover any reasonable marginal costs the District documents to the BID it has incurred in collecting the BID tax associated with such BID. If the District is unable to allocate a marginal cost to a particular BID, the District may allocate such costs between the BIDs associated with such marginal costs; provided, that any such allocation shall be based, to the extent practicable, on the equitable benefit received by each BID from such costs.

(c) In addition to the obligation to pay the BID tax, if any owner requests a special capital improvement or service of a nature above the level of improvements or services provided generally by the BID within the BID area, such owner shall be specially charged, in accordance with such reasonable provisions as the BID Board may determine, to reflect the benefit received by such owner from such special capital improvement or service. Such special charge shall constitute the personal obligation of the property owner involved and shall be payable directly to the BID and may be deposited directly into a bank account established by the BID. Such special charges shall not be construed as a BID tax. The contract for any such special capital improvement or service valued in excess of $1,000 shall be approved by a majority vote of the disinterested members of the Board.

(d) In the event disputes arise with respect to any charge pursuant to this section or any activity conducted by a BID, such disputes shall be resolved through mediation, or, if mediation is unsuccessful, arbitration in accordance with the rules of the American Arbitration Association or such other reputable organization as is generally recognized as providing arbitration services as determined by the BID bylaws. Any party to such arbitration shall have the right to initiate judicial proceedings to enforce any award or decision made pursuant to arbitration, but no person shall be authorized to institute judicial proceedings with respect to the matters referred to in this subsection except to enforce an arbitration award. Residents of a residential neighborhood adjoining a BID and citizens associations covering an area in which a BID is located shall be entitled to seek relief under this section.

(e) A BID shall have a lien on any property on which a capital improvement is made pursuant to subsection (c) of this section and such lien shall be enforced and shall have the same priority as a mechanics lien provided that the BID complies with the procedural mechanisms governing mechanics liens under District law.

(f) The Mayor shall charge a reasonable fee to the proposed BID applicant to cover costs incurred by the District Government associated with processing BID applications and holding administrative hearings.


(May 29, 1996, D.C. Law 11-134, § 16, 43 DCR 1684; renumbered as § 17, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2286.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.17. Civil action for BID taxes.

(a) The BID corporation through its counsel may file suit in the Superior Court of the District of Columbia against any property owner with delinquent BID taxes that are at least 120 days overdue. Such a suit may seek as damages any delinquent BID taxes, including penalties and interest owed to the District under § 2-1215.15(e) and the BID’s reasonable attorneys fees. Such a suit shall be brought in the name of the District of Columbia.

(b) Any judgment obtained pursuant to subsection (a) of this section may not be waived or reduced by the District and may only be satisfied by the payment to the District of the full amount of the judgment or by the sale of the relevant property at a tax sale.

(c) A BID obtaining a judgment in a suit filed pursuant to subsection (a) of this section shall have the authority to execute this judgment in the name of the District using any method of execution authorized by District law, including, but not limited to, the authority to record such judgment with the Recorder of Deeds of the District, file a creditor’s bill to sell real estate to satisfy a judgment, seek any writ of attachment, fieri facias, distringas, or replevin, and seek condemnation under such writs.

(d) Any funds obtained by the BID as a result of subsection (e) of this section shall be turned over to the Treasurer of the District within 3 business days. The Treasurer shall disburse such funds in accordance with the priorities and procedures set forth in § 2-1215.15(g).

(e) An action pursuant to this section shall not be construed as a bar to action by the District to collect a delinquent BID tax under § 2-1215.15(g).

(f) An action pursuant to this section shall be dismissed by the Superior Court if notice and evidence thereof is provided to the Court that the District has sold the subject property at a tax sale.


(May 29, 1996, D.C. Law 11-134, § 17, 43 DCR 1684; renumbered as § 18, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2287.

Section References

This section is referenced in § 2-1215.15.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.18. Term of BID; extension; termination and dissolution.

(a)(1) Each BID shall have an initial term that shall end on the last day of the 5th full fiscal year of the District during which the BID has been registered pursuant to § 2-1215.06(h). A BID may be extended for successive 5-year terms if:

(A) The BID notifies the Mayor at least 180 days before the end of the BID’s term that it desires to extend its status as a registered BID for a subsequent 5-year term;

(B) The BID submits a plan for the next 5 years of BID operations to the Mayor; and

(C) The Mayor holds a public hearing in accordance with this subsection and subsequently issues a notice of BID re-registration.

(2) Notice to the public shall be made no fewer than 21 days before the hearing.

(3) The Mayor shall:

(A) Publish the notice of the public hearing along with the notice of preliminary finding in the District of Columbia Register;

(B) Ensure that the notices are published in at least 2 sources of local general interest print or electronic media; and

(C) Hold the public hearing no earlier than 120 days before the end of the fiscal year, and no later than 30 days before the end of the fiscal year.

(a-1) If, at the end of the fiscal year, the BID has requested an extension and the Mayor has not issued an order revoking the registration or denying an extension, the BID shall be deemed to be re-registered for a subsequent 5-year term.

(b) The Mayor shall issue an order revoking the registration of a BID at any time if:

(1) By a 2/3 majority vote of the Board, the Board elects not to seek re-registration of the BID;

(2) Not more than one year and not less than 90 days before the end of each 5-year period, the owners of at least 51% in assessed value of taxable property and at least 25% in number of taxable properties within the BID elect to dissolve the BID effective as of the last day of the then applicable 5-year term;

(3) The Mayor determines that there has been unlawful conduct by the management or Board of the BID, which conduct has not been remedied within 30 days of notice thereof;

(4) The Mayor determines that the conduct of the BID has jeopardized the ability of the BID to carry out the purposes of this subchapter, which conduct has not been remedied within 30 days of notice thereof;

(5) The BID corporation is voluntarily or involuntarily dissolved in accordance with law;

(6) The operations of the BID cease for any reason for at least 60 consecutive days at any time after the initial organizational period of 120 days; or

(7) A BID corporation voluntarily files for bankruptcy protection, becomes insolvent, or has a receiver appointed for all or substantially all of its assets, or any such proceeding is instituted against the BID corporation and is not discharged within 60 days.

(c) Within 60 days of dissolution, the Board shall adopt a plan to timely distribute funds and dispose of assets to satisfy all creditors in the order of their priority, if any. Any surplus funds, including the proceeds of the sale of all real and personal property, shall be returned to the owners in proportion to their obligation to pay BID taxes within 30 days of adoption of the plan of distribution.

(d) The Mayor may designate the Department of Small and Local Business Development to perform the functions described by this section.


(May 29, 1996, D.C. Law 11-134, § 18, 43 DCR 1684; renumbered as § 19, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb. 26, 2015, D.C. Law 20-161, § 2(n), 61 DCR 10741; Oct. 8, 2016, D.C. Law 21-160, § 2072(a), 63 DCR 10775.)

Prior Codifications

1981 Ed., § 1-2288.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 rewrote (a); added (a-1) and (d); and substituted “taxable” for “nonexempt real” throughout (b)(2).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 day) amendment of section, see § 2 of Extension of Time Emergency Amendment Act of 2010 (D.C. Act 18-605, November 17, 2010, 57 DCR 11050).

For temporary (90 day) amendment of section, see § 2 of Extension of Time Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-10, February 11, 2011, 58 DCR 1429).

For temporary (90 days) amendment of this section, see § 2(n) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(n) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

For temporary (90 days) amendment of this section, see § 2 of the Business Improvement Districts Charter Renewal Emergency Amendment Act of 2015 (D.C. Act 21-227, Dec. 17, 2015, 62 DCR 16249).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

Section 2 of D.C. Law 18-306 added subsec. (d) to read as follows:

“(d) Notwithstanding the provisions of subsection (a) of this section, the Board of the Adams Morgan BID may give notice under subsection (a) of this section up until, but no later than, December 31, 2010. Any approved re-registration under this act shall be for a term beginning October 1, 2010.”

Section 4(b) of D.C. Law 18-306 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2 of the Business Improvement Districts Charter Renewal Temporary Amendment Act of 2015 (D.C. Law 21-89, Mar. 9, 2016, 63 DCR 796).

Mayor's Orders

Extension of the term of the Golden Triangle Business Improvement District Pursuant to the Business Improvement Districts Act of 1996, see Mayor’s Order 2003-130, September 11, 2003 ( 50 DCR 8036).


§ 2–1215.19. Prohibited acts.

No BID corporation shall engage in the financial support of political activities and candidates, lobbying on legislative or administrative actions with respect to any property or area, or the promotion of one business to the exclusion of others. Nothing contained within this subchapter shall be construed as modifying the terms of any lease or occupancy agreement between an owner and commercial tenant.


(May 29, 1996, D.C. Law 11-134, § 19, 43 DCR 1684; renumbered as § 20, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2289.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.20. Maintenance of base level of city services.

(a) The District government shall not eliminate or reduce the level of any services customarily provided in the District to any similar geographic area because such area is subject to a BID, and shall continue to provide its customary services and levels of each service to such area notwithstanding that such area is or may be encompassed in a BID unless a reduction in service is part of a District-wide pro rata reduction in services necessitated by fiscal considerations or budgetary priorities.

(b) Repealed.


(May 29, 1996, D.C. Law 11-134, § 20, 43 DCR 1684; renumbered as § 21, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Sept. 20, 2012, D.C. Law 19-168, § 2142, 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 9021(b), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-2290.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added the (a) designation; and added (b).

The 2015 amendment by D.C. Law 20-155 repealed (b).

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 9021(b) and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 9021(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 9021(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).

Editor's Notes

Section 9029 of D.C. Law 20-155 provided that the amendment by § 9021 of the act shall apply as of September 30, 2014.


§ 2–1215.21. Exempt property owners; BID membership.

The District government, the federal government, or any property owner owning exempt real property located in the BID, or adjacent to or abutting BID boundaries, may, at their sole discretion, contribute money to the BID. Such exempt real property owners who voluntarily make a payment to the BID in lieu of a BID tax shall be entitled to membership in the BID and services provided to the properties in the BID. Nothing in this subchapter shall either compel or prohibit such exempt real property owners from contributing BID taxes, becoming BID members, or receiving BID services.


(May 29, 1996, D.C. Law 11-134, § 21, 43 DCR 1684; renumbered as § 22, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320; Feb 26, 2015, D.C. Law 20-161, § 2(o), 61 DCR 10741.)

Prior Codifications

1981 Ed., § 1-2291.

Section References

This section is referenced in § 2-1215.02.

Effect of Amendments

The 2015 amendment by D.C. Law 20-161 added “or adjacent to or abutting BID boundaries” in the first sentence.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

For temporary (90 days) amendment of this section, see § 2(o) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).

For temporary (90 days) amendment of this section, see § 2(o) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).


§ 2–1215.22. Rulemaking.

Pursuant to Chapter 5 of this title, the Mayor is authorized to issue any rules that may be necessary to implement the provisions of this subchapter, which shall include a fee to cover the administrative costs of processing a BID application and holding a public hearing. No delay in issuing any rules beyond 120 days after May 29, 1996, shall prevent an applicant from filing an application with the Mayor, or prevent the Mayor from registering a BID.


(May 29, 1996, D.C. Law 11-134, § 22, 43 DCR 1684; renumbered as § 23, Oct. 8, 1997, D.C. Law 12-26, § 2, 44 DCR 4320.)

Prior Codifications

1981 Ed., § 1-2292.

Expiration of Law

Expiration of Law 11-134

See Historical and Statutory Notes following § 2-1215.01.

Emergency Legislation

For temporary amendment of section, see § 2 of the Business Improvement Districts Emergency Amendment Act of 1997 (D.C. Act 12-89, June 19, 1997, 44 DCR 3747), and § 2 of the Business Improvement Districts Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-146, August 12, 1997, 44 DCR 5054).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23, September 23, 1997, law notification 44 DCR 5762).