Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 10 - PLANNING AND DEVELOPMENTSubtitle 10-B - PLANNING AND DEVELOPMENT
Chapter 10-B64 - TAX ABATEMENTS FOR AFFORDABLE HOUSING IN AREAS WITH HIGH NEEDS OF AFFORDABLE HOUSING
Rule 10-B6402 - REQUIREMENTS FOR TAX ABATEMENT

D.C. Mun. Regs. tit. 10, r. 10-B6402

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Current through Register Vol. 71, No. 36, September 6, 2024
Rule 10-B6402 - REQUIREMENTS FOR TAX ABATEMENT
6402.1

To be eligible to be granted a tax abatement under this chapter, the following requirements must be satisfied:

(a) The real property on which the development is located shall be in an eligible area;
(b) At least one third (1/3) of the housing units developed or redeveloped on the real property shall be affordable to and rented by households earning no more than one hundred percent (100%) of Median Family Income. Housing units included in the development as part of the Inclusionary Zoning ("IZ") Program shall be counted toward the one third (1/3) requirement;
(c) The average Median Family Income of the households that occupy the one third (1/3) of the housing units described in paragraph (b) of this subsection shall be no greater than eighty percent (80%) of Median Family Income.
(d) The developer shall file an affordability covenant in the land records, as described in section 6406 of this chapter;
(e) The developer shall enter into an agreement with the District that requires the developer to, at a minimum, contract with certified business enterprises for at least thirty-five percent (35%) of the contract dollar volume of the construction and operations of the development, in accordance with section 2346 of the CBE Act (D.C. Official Code § 2218.46), to the extent section 2346 is applicable;
(f) The developer shall enter into a First Source Agreement for the operations of the development;
(g) The developer shall enter into an abatement agreement with DHCD setting forth the requirements of this chapter and such other terms and conditions as DHCD deems appropriate; and
(h) The developer and development shall satisfy the other requirements of this chapter, as applicable.
6402.2

As provided in D.C. Official Code §47-859.06(f), the requirements of the First Source Act shall not apply to the construction or development of a development granted a tax abatement under this chapter.

D.C. Mun. Regs. tit. 10, r. 10-B6402

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