D.C. Mun. Regs. tit. 10, r. 10-B3302

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B3302 - DISTRESSED PROPERTIES IMPROVEMENT PLAN

3302.1

For purposes of this Program, a Distressed Properties Improvement Plan (the Plan) shall include, but not be limited to, the following:

(a) A schedule of proposed repairs and capital improvements to bring the property into total or substantial compliance with the District's Housing Code;

(b) A schedule of proposed services and facilities to adequately maintain the property;

(c) A schedule of current rents and proposed rent increases, if any;

(d) A schedule of mortgage payments, which may reflect proposed additional long-term loans to the housing provider for the housing accommodation;

(e) A schedule of additional capital investment in the housing accommodation proposed by the housing provider;

(f) A schedule of proposed property tax payments which may include deferral or moratoria on real property taxes of up to five (5) years or the deferral or forgiveness of up to one hundred percent (100%) of any taxes or charges owed to the District on the rental housing accommodation;

(g) Tenant occupancy characteristics, income and tenant rent arrearages;

(h) A description of the involvement of the Tenant's or Tenant's Association in the development of the Plan; and

(i) A program for training and counseling tenants and housing providers on their rights and responsibilities and a proposed plan for information exchange or other involvement of tenants concerning management of the property.3302.2 The detailed requirements of the Plan shall be established by DHCD in the application package provided by DHCD in the application package provided by DHCD, consistent with the components of the Plan as outlined in this section.

3202.3

If the Plan developed proposes increases in rents beyond the rent ceilings allowed under the Rent Stabilization Program of the Act for the rental housing accommodation, the applicant shall be required to justify the rent increases in one of the following ways:

(a) A properly executed claim of exemption from the Rent Stabilization Program has been filed for the property under the Act pursuant to D.C. Code § 45-2515 (1981) (chapter 41 of Title 14, DCMR) based on federal or District subsidies of the mortgage or rents, an executed building improvement plan under the apartment improvement program, or other authorized exemptions; or

(b) The property has received an adjustment in rent ceiling under the Act pursuant to D.C. Code § 45-2517 (1981) (§ 4208 of Title 14, DCMR) including capital improvement petitions, hardship petitions or other authorized adjustment methods. A property for which the housing provider has applied for, but not received, such an adjustment may be received for review by DHCD.3302.4 If the Plan is dependent on obtaining an exemption from rent ceilings as provided in § 3302.3(a), and the exemption requires approval of an application for a subsidy program, then the applicant shall be required to meet the requirements of that subsidy program also, in its Plan and application under this program.

3302.5

If the Plan is dependent on receiving approval of an adjustment in rent ceilings as provided in § 3302.3(b), then the Director may request the Rent Administrator of the Department of Consumer and Regulatory Affairs to provide an expedited preliminary review of the requested adjustment.

3302.6

In developing the Plan, the housing provider may provide for a schedule of rents which would yield a rate of return not to exceed twelve percent (12%), consistent with the definition of rate of return in the Act.

D.C. Mun. Regs. tit. 10, r. 10-B3302

Final Rulemaking published at 35 DCR 2541, 2542 (April 8, 1988)