If at any time during the term of the tax abatement DHCD believes that the development has become ineligible for the tax abatement by not complying with the recorded covenant or the abatement agreement or section 6407, DHCD shall notify the developer of this belief, provide the developer thirty (30) days to respond, and then consider that response. Should the response be insufficient to show compliance, DHCD shall determine that the development has become ineligible for the tax abatement and shall:
The entire development shall be ineligible for the abatement on the first day of the tax year following the date when the ineligibility occurred.
D.C. Mun. Regs. tit. 10, r. 10-B6408