D.C. Mun. Regs. r. 21-427

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 21-427 - REAL PROPERTY LIENS AND TAX SALE

427.1

When bills for water and sewer service charges, meter maintenance and repairs, or sanitary sewer services are more than sixty (60) days overdue, DC Water shall provide the owner of record with a written notice of intent to file a lien.

427.2

The written notice shall state the following:

(a) The outstanding balance;

(b) A notice that if the bills are not paid in full or payment arrangements are not made within fourteen (14) calendar days of the date of the notice, a certificate of delinquency may be filed by DC Water with the Recorder of Deeds;

(c) That a certificate of delinquency shall constitute a lien against the real property; and

(d) The owner of a single family home has the opportunity to present evidence that he or she occupies the premises.

427.3

The owner of a single family home who occupies the premises shall present evidence of occupancy within fourteen (14) calendar days of the date of the notice of intent.

427.4

Acceptable evidence of occupancy shall include the following with personal identifiable information redacted (e.g., social security number, date of birth and financial account number):

(a) Income tax returns;

(b) Non-driver's identification card or a valid driver's license;

(c) The most recent electric, gas or telephone bill;

(d) Proof of eligibility of Homestead Deduction in accordance with DC Official Code § 47-850; and

(e) Other documentation considered credible by DC Water, including but not limited to a notarized affidavit.

427.5

Single family homes that are owner occupied, shall not be sold at tax sale for delinquent water and sewer charges, but a lien shall be attached to the real property until the outstanding balance is paid in full.

427.6

At the end of the fourteen-calendar day (14) period, if the balance has not been paid in full, a Certificate of Delinquency shall be filed by DC Water and mailed, by certified mail, to the owner of record at the address listed by the Office of Tax and Revenue for the receipt of tax notices.

427.7

Real property tax sales pursuant to this Section shall be conducted by the Office of Tax and Revenue.

427.8

The rules and regulations applicable to tax sales used by the Office of Tax and Revenue shall govern tax sales, under this Section.

427.9

If a rule or regulation of the Office of Tax and Revenue conflicts with a provision of the District of Columbia Water and Sewer Operations Amendment Act of 1990, (D.C. Law 8-136) or any statute governing the enforcement of water and sewer liens at tax sale, D.C. Law 8-136 or the applicable statute shall govern.

427.10

The Director of the Department of Housing and Community Development may submit bids for properties to be included in the housing program, authorized by § 2 of the Act, and to make payments to the Water and Sewer Enterprise Fund from appropriations or sums otherwise provided.

D.C. Mun. Regs. r. 21-427

Final Rulemaking published at 40 DCR 1300, 1322 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)