§ 42–3171.01. Definitions.
For the purposes of this subchapter the term:
(1) “Abandoned property” means:
(A) A structure:
(i) That is unoccupied by an owner or a tenant; and
(ii) On which the real property tax imposed by § 47-811 has not been paid in 18 months;
(B) A vacant lot on which the real property tax imposed by § 47-811 has not been paid in 18 months;
(C) A structure:
(i) That is unoccupied by an owner or tenant;
(ii) That the Mayor has determined is structurally unsafe; and
(iii) Regarding which the Mayor has issued to the owner a notice requiring that the owner cause the structure to conform with any provision of the fire code, building code, or housing code, or to demolish the structure for safety reasons, and the owner has failed to act in response to the Mayor’s notice within the period of time established by statute, regulation, or the notice; or
(D) A vacant lot on which a building has been demolished.
(1A) “Blighted Area” shall have the meaning as set forth in § 2-1219.01(6) [repealed].
(2) “Deteriorated property” means real property:
(A) The Mayor has determined constitutes a threat to the public health, safety, or welfare;
(B) The Mayor has determined contributes to the blight or dilapidation of the area immediately surrounding the property; or
(C) As to which, if the real property contains a structure, the Mayor has issued to the owner a notice requiring the owner to conform the structure to any provision of the fire code, building code, or housing code, or to demolish the structure for safety reasons, and the owner has failed to act in response to the Mayor’s notice within the period of time established by statute, regulation, or the notice.
(3) “Owner” means a person who holds legal title to an interest in real property as reflected in the records of the Recorder of Deeds.
(4) “Slum and blight” means one or more parcels of land, whether vacant or improved that are in a blighted area, or exhibit one or more characteristics of a blighted area.
(5) “Tenant” shall have the meaning set forth in § 42-3501.03(36).
(Apr. 27, 2001, D.C. Law 13-281, § 431; as added Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 1, 2002, D.C. Law 14-190, § 1002(a), 49 DCR 6968; Oct. 19, 2002, D.C. Law 14-213, § 29(a), 49 DCR 8140; June 8, 2006, D.C. Law 16-119, § 2, 53 DCR 2609; Mar. 25, 2009, D.C. Law 17-353, §§ 115, 182, 56 DCR 1117.)
This section is referenced in § 10-831.
Effect of Amendments
D.C. Law 14-190 made nonsubstantive changes in par. (2)(B).
D.C. Law 14-213, in par. (4), validated a previously made technical correction.
D.C. Law 16-119 added par. (1A); and rewrote par. (4), which had read as follows: “(4) ‘Slum and blight’ means properties in a blighted area, as that term is defined in § 2-1219.01(6).”
D.C. Law 17-353 validated previously made technical corrections in pars. (1A), (2)(C), and (4).
For temporary (90 day) amendment of section, see § 1002(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Short title of title X of Law 14-190: Section 1001 of D.C. Law 14-190 provided that title X of the act may be cited as the Quick Acquisition of Abandoned and Nuisance Property Amendment Act of 2002.
Section 1101 of D.C. Law 14-114 provided: “The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall promulgate rules to implement this act.”
Delegation of Authority
Delegation of Authority Under D.C. Law 13-281, the “Abatement and Condemnation of Nuisance Property Omnibus Amendment Act of 2002”, see Mayor’s Order 2002-33, March 1, 2002 ( 49 DCR 1875).
Delegation of Authority to the Director of the Department of Housing and Community Development, see Mayor’s Order 2007-209, September 27, 2007 ( 55 DCR 133).
§ 42–3171.02. Acquisition and redevelopment of abandoned or deteriorated property.
(a) The Mayor may acquire abandoned property or deteriorated property for the public purpose of eliminating slum and blight:
(2) Through gift or donation;
(3) By assignment; or
(4) Through voluntary sale by the owner.
(b) The Mayor may develop or redevelop abandoned or deteriorated property acquired under this section, may demolish structures on the property, and may take any other lawful action to eliminate blight or unsafe conditions on the property.
(c) The Mayor shall not acquire deteriorated property which is occupied and from which tenants shall, or will likely, be displaced unless the Mayor has first made available for public review and comment, for a period of at least 30 days, a plan for the relocation of the displaced tenants.
(d) Before the acquisition of a property under this subchapter, the Mayor shall issue a memorandum describing the Mayor’s plan for the development or disposition of the property, describing any potential displacement of tenants and plans for the relocation of displaced tenants, and setting forth a timetable for the development or disposition of the property.
Delegation of Authority
Delegation of Authority to the Deputy Mayor for Planning and Economic Development to Acquire Abandoned or Deteriorated Properties for the Purpose of Eliminating Slum and Blight, see Mayor’s Order 2002-110, July 19, 2002 ( 49 DCR 6873).
Delegation of Authority to Approve or to Disapprove the Acquisition and Disposition of Real Estate, by Sale, Lease or Otherwise, see Mayor’s Order 2003-161, November 17, 2003 ( 50 DCR 10197).
§ 42–3171.03. Disposal of abandoned or deteriorated property.
(a) The Mayor may dispose of abandoned or deteriorated property acquired under § 42-3171.02, or acquired by any other means, including property the Mayor has altered or improved, through a competitive process or through a negotiated sale; provided, that:
(1) Before disposition of the property, there shall be a public hearing on the proposed terms and conditions of the disposition after at least 30 days public notice; or
(2) The Mayor shall transmit to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, a proposed resolution providing for the disposition of the property. The proposed resolution shall contain a description of the property to be disposed of and the proposed method and terms and conditions of the disposition. If the Council does not approve or disapprove the proposed resolution within the 60-day period, the proposed resolution shall be deemed approved.
(b)(1) The Mayor may dispose of property acquired under § 42-3171.02 through a request for offers from adjacent property owners. Before accepting an offer under this subsection, the Mayor shall notify adjacent property owners:
(A) That they may make an offer to the Mayor to purchase the property within a time period established by the Mayor;
(B) Of the minimum acceptable purchase price and any mandatory terms or conditions of an acceptable offer; and
(C) That the offer shall be in writing and contain such information as the Mayor may by regulation prescribe.
(2) If only one adjoining property owner offers to purchase the property at or above the minimum acceptable purchase price and the offer meets all mandatory terms and conditions of an acceptable offer, the Mayor shall accept the offer.
(3) If more than one adjoining property owner offers to purchase the real property at or above the minimum acceptable purchase price and the offers meet all mandatory terms and conditions of an acceptable offer, the Mayor shall accept the offer with the highest purchase price.
(c) In transferring a property, the Mayor may forgive up to 50% of the amount of any outstanding taxes owed on the property, and may forgive in full any penalties or interest accrued on the taxes owed, if the property is transferred to a low-income household or to a nonprofit housing entity providing housing opportunities to low-income households; provided, that:
(1) The transferee, if a low-income household, shall maintain the property as his or her principal place of residence for at least 5 years;
(2) The transferee, if a nonprofit housing entity, shall:
(A) If the property is developed for homeownership opportunities, require that each homeowner maintain the property as his or her principal place of residence for at least 5 years;
(B) If the property is developed for rental opportunities, maintain the rental units as units affordable to, and occupied by, low-income, very low-income, or extremely low-income households for not less than 20 years; and
(3) The transferee shall complete rehabilitation of the property within 18 months after the property is transferred.
(d) If a property is disposed of pursuant to this section by means other than a proposed resolution pursuant to subsection (a)(2) of this section, the Mayor shall transmit to the Council within 10 business days of settlement a description of the property and a summary of the terms and conditions of the disposition.
(Apr. 27, 2001, D.C. Law 13-281, § 433; as added Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 1, 2002, D.C. Law 14-190, § 1002(b), 49 DCR 6968; Oct. 19, 2002, D.C. Law 14-213, § 29(b), 49 DCR 8140; Aug. 16, 2008, D.C. Law 17-219, § 2012, 55 DCR 7598; Dec. 13, 2017, D.C. Law 22-33, § 2182, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2252, 65 DCR 9388.)
This section is referenced in § 10-831.
Effect of Amendments
D.C. Law 14-190 made nonsubstantive changes in subsec. (a)(1).
D.C. Law 14-213 redesignated subsec. (d) as subsec. (c).
Section 2253 of D.C. Law 22-168 provided that the changes made to this section by section 2252 of D.C. Law 22-168 shall apply as of October 1, 2017.
For temporary (90 day) amendment of section, see § 1002(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Short title: Section 2011 of D.C. Law 17-219 provided that subtitle E of title II of the act may be cited as the “Disposition of Abandoned and Deteriorated Property Amendment Act of 2008”.
Resolution 17-220, the “Blighted Real Property Disposition Emergency Approval Resolution of 2007”, was approved effective July 5, 2007.
§ 42–3171.04. Assistance to displaced persons.
If an occupant or tenant is displaced by the acquisition, development, redevelopment, or disposition of an abandoned or deteriorated property under this subchapter, the Mayor shall offer to the owner or tenant assistance under § 6-331.01; § 6-333.01; or § 6-333.02.