D.C. Mun. Regs. tit. 10, r. 10-B3202

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 10-B3202 - OFFERING POLICY
3202.1

The interest of the District normally is best served when the publicly owned land is disposed of through a competitive public process. Therefore, all land to be disposed of for private reuse (whether residential, commercial, or non-profit) shall normally be offered by a publicly announced competitive bid process, except as provided in § 3202.3.

3202.2

Dispositions for public use (whether to the District government, the federal government or any other public instrumentality) shall be subject only to the provisions of § 3212.1.

3202.3

The Department may waive its policy of competitive disposition if any of the following conditions exist:

(a) If a non-profit sponsor proposes to acquire a site for subsidized, owned or rented residential use or for the development of a community facility;
(b) If a non-profit sponsor proposes to acquire a site for retail or commercial use;
(c) If an existing property owner proposes to acquire an adjacent site to permit the expansion or improvement of the existing business or enterprise conducted on that owner's property;
(d) If a HUD-approved sponsor has qualified or is in the process of qualifying, for financial assistance under a HUD-administered housing assistance program; or
(e) If, in the opinion of the Director of the Department, such opinion being based upon a written recommendation resulting from objective economic analysis and reasonable development, forecasts, a competitive offering would be unlikely to significantly improve the quality of the development sought for site.
3202.4

For purposes of this section, the term "community facility" shall mean any facility which has as its primary purpose the provisions of educational, social, recreational, or spiritual services to all or part of the community on a not-for-profit basis.

3202.5

The Department, through the Director, may waive the requirement for competitive dispositions. The waiver shall be in writing and be based upon written recommendations resulting from objective economic analysis and reasonable development forecasts or some overriding public policy.

D.C. Mun. Regs. tit. 10, r. 10-B3202

Final Rulemaking published at 41 DCR 7048, 7050 (October 28, 1994)