D.C. Mun. Regs. tit. 10, r. 10-B6405

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 10-B6405 - TAX ABATEMENT CERTIFICATION PROCESS

6405.1

If a development meets the milestones listed by DHCD pursuant to subsection 6404.3(c), the developer shall request a tax abatement certification and provide any outstanding information, documents, or attachments, including a copy of the certificate of occupancy if not previously provided.

6405.2

Within thirty (30) business days after receiving a complete request for tax abatement certification:

(a) DHCD and the developer shall execute an abatement agreement and the affordability covenant described in section 6406 ;

(b) The developer shall file the affordability covenant in the land records of the District, as required by section 6406 of this chapter;

(c) DHCD shall certify to OTR the development's eligibility for the tax abatement, and that certification shall include:

(1) The street address, square, suffix, and lot of the real property on which the development is located;

(2) The date the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirements of the Act and this chapter;

(3) The dates the tax abatement begins and ends;

(4) The annual dollar amount of the tax abatement and the schedule of the tax abatement dollar amounts to be reflected on the development's real property tax bills; and

(5) A statement that the conditions required by D.C. Official Code §47-859.06(a) and this chapter have been satisfied; and

(d) DHCD shall provide the developer a copy of the certification DHCD provided to OTR.

6405.3

An approved tax abatement shall begin in the tax year immediately following the tax year during which the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirement of the Act and shall continue for a period of thirty (30) tax years; provided that the abatement is not earlier terminated;

6405.4

Notwithstanding section 6405.3, DHCD may approve a tax abatement to continue for forty (40) tax years after the tax year during which the certificate of occupancy is issued for the final housing unit counted toward satisfying the affordability requirement of the Act if the developer provided in its application information showing a need for a tax abatement of forty (40) tax years for the development and DHCD determines that it is in the interests of the District to award a tax abatement of forty (40) tax years for the development.

D.C. Mun. Regs. tit. 10, r. 10-B6405

Final Rulemaking published at 68 DCR 1348 (2/18/2022)