D.C. Mun. Regs. tit. 10, r. 10-B6603

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

Rule 10-B6603 - APPLICATION FOR TAX ABATEMENT

6603.1

In order to be considered for the award of a tax abatement under this chapter, an owner, or its designee or assignee, shall submit an application for its development to DMPED. The application shall be in such form and include such information as required by DMPED pursuant to §§6603.3 of this chapter.

6603.2

An application for a tax abatement under this chapter may be submitted only in response to a competitive process initiated by DMPED. The competitive process shall set forth the requirements of an application and the standards by which applications will be reviewed and tax abatement reservations granted.

6603.3

Each application shall include:

(a) Proof of current non-residential use of the parcel, or, if the parcel is currently vacant, proof that the most-recent use of the parcel was non-residential;

(b) The name(s) of the owner of the real property and, if different than the owner, the applicant and the developer;

(c) The address or addresses of the parcel;

(d) The square, suffix, if any, and lot number(s) of the parcel;

(e) A description of the planned development on the parcel;

(f) The total number of housing units that will be constructed as part of the development;

(g) The total number of affordable housing units that will be constructed as part of the development, including housing units required pursuant to the Inclusionary Zoning Program and other affordable housing units included in the development pursuant to Zoning Commission requirements;

(h) For each affordable housing unit, the number of bedrooms in the unit and the median family income level of affordability for the unit;

(i) An acknowledgment that the affordable housing units shall be designed and administered in accordance with the requirements of the Inclusionary Zoning Program for the term of the tax abatement;

(j) Three (3) dated photographs of the parcel taken within the thirty (30) day period that precedes the date of submission of the application;

(k) A copy of the agreement required under §§6602.1(f) of this chapter for the construction of the development, and a certification from the owner, or its designee or assignee, that it is in compliance with the requirements of the agreement;

(l) An area map showing the boundaries of the eligible area with the parcel identified by a location arrow;

(m) Anticipated entitlement and construction milestones for the development, including the estimated date the certificate of occupancy will be issued for the development;

(n) The years for which the tax abatement is requested and the annual dollar amount of tax abatement provided that, the length of the requested tax abatement shall not exceed twenty (20) years;

(o) Pro formas and other financial analyses for the construction and operation of the development to justify the development's financial need for the tax abatement;

(p) A copy of the recorded deed evidencing the owner's fee simple ownership of the parcel;

(q) If the applicant is not the owner of the parcel, an agreement evidencing the owner's designation of the applicant as an assignee or designee of the owner for purposes of the program, such as a copy of an executed lease evidencing the applicant's leasehold interest in the parcel or an executed contract of sale for the parcel by which the applicant will obtain fee simple ownership of or a leasehold interest in the parcel; and

(r) Any additional materials requested by DMPED in the competitive process.

6603.4

Each applicant shall supplement its application with such information and documentation as DMPED may request during the competitive process.

D.C. Mun. Regs. tit. 10, r. 10-B6603

Final Rulemaking published at 71 DCR 3248 (3/22/2024)