D.C. Code § 10-801

Current through codified legislation effective September 18, 2024

Section 10-801 - Authorization; description of property; submission and approval of resolution; reacquisition rights; notice

(a)

(1) Except for real property disposed of pursuant to § 6-1005(c), the Mayor is authorized and empowered, in his discretion, for the best interests of the District of Columbia ("District"), and with the approval of the Council by resolution, to sell, convey, lease (inclusive of options) for a period of greater than 15 years, exchange, or otherwise dispose of real property, in whole or in part, now or hereafter owned in fee simple by the District, whether purchased with appropriated, grant, or other funds, the proceeds of general obligation bonds or tax revenue anticipation notes issued by the District government, or United States Treasury Notes, or obtained by any other means including exchange, condemnation, eminent domain, gift, dedication, donation, devise or assignment, for municipal, community development, or other public purpose, which the Council finds to be no longer required for public purposes.

(2) The Mayor shall submit separate resolutions for the determination that the real property is no longer required for public purposes pursuant to subsection (a-1) of this section and for the approval of its disposition pursuant to subsection (b) of this section.

(3) The Mayor shall submit to the Council a semiannual report explaining the status of each disposition approved by the Council during the previous 2 years, including a schedule for project completion of each disposition, an explanation of impediments, if any, to completion of the project, and a description of the steps that are being taken to resolve them.

(4) Within 180 days after the effective date of the Surplus Green Space Retention Amendment Act of 2020, passed on 2nd reading on December 1, 2020 (Enrolled version of Bill 23-661), and on an annual basis thereafter, the Department of General Services shall transmit to the Council a report on green space in the District, which shall include:

(A) The total square footage of green space owned by the District, broken down by ward and by the District agency that owns the real property;

(B) The square footage of green space that the District gained or lost over the preceding year, broken down by ward and by the District agency that owns the real property; and

(C) A summary of measures taken over the preceding year to increase access to green space for District residents.

(a-1)

(1) If the Mayor believes that real property is no longer required for public purposes, the Mayor shall submit to the Council a proposed resolution which includes a finding that the real property is no longer required for public purposes. In the proposed resolution submitted to the Council, the Mayor shall also provide a description of the real property.

(2) The proposed resolution shall be accompanied by an analysis setting forth:

(A) Whether the real property could have any use by the District, including a description of the District's current needs for real property, a description of potential public uses considered by the Mayor, the square footage of green space on the real property, and a narrative explaining why the real property is unsuited for each public use considered;

(B) A detailed explanation as to why the real property is no longer required for public purposes, and why the determination that the real property is no longer required for public purposes is in the best interests of the District; and

(C) A summary of public comments received at the public hearing required under paragraph (4) of this subsection.

(3) The proposed resolution shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 90-day period, the proposed resolution shall be deemed disapproved.

(4) Before submitting a proposed resolution pursuant to this subsection, and at least 60 days before seeking proposals for the disposition of the real property or otherwise proceeding to negotiate the disposition of the real property, the Mayor shall hold at least one public hearing to obtain community input on potential public uses of the real property to inform the Mayor's determination whether the real property is no longer required for public purposes. This surplus hearing shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the real property. The Mayor shall provide at least 30 days written notice of the public hearing to the affected Advisory Neighborhood Commissions and shall publicize the hearing by posting a written notice at the site and placing a notice in the District of Columbia Register at least 15 days before the hearing.

(5) Repealed.

(a-2) If the Council determines that the real property is no longer required for public purposes pursuant to subsection (a-1) of this section, the Mayor shall attempt to dispose of the real property for a use with a direct public benefit as described in a specific government plan adopted by the Mayor or Council, including the Community Development Plan, the Comprehensive Plan, the Strategic Neighborhood Area Plan, or the Comprehensive Housing Strategy Plan.

(a-3) Repealed.

(b) If the Mayor seeks to dispose of real property that is determined to no longer be required for public purposes pursuant to subsection (a-1) of this section, the Mayor shall submit to the Council a proposed resolution that contains the following:

(1) Repealed;

(2) The name and business address of the developer, and, if the developer is a joint venture or partnership, the name and business address of each person that constitutes the partnership;

(3) A description of the real property to be disposed of;

(4) A description of the intended use for the property ("Project");

(5) If applicable, a finding that the Developer will achieve the affordable housing requirements established by subsection (b-3) of this section or, if those requirements will not be achieved, a written certification by the Chief Financial Officer pursuant to subsection (b-3)(4) of this section;

(6) A finding that the Developer will enter into an agreement that shall require the Developer to, at a minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar volume of the project, and shall require at least 20% equity and 20% development participation of Certified Business Enterprises;

(7) A finding that the Developer will enter into a First Source Agreement with the District that shall govern certain obligations of Developer pursuant to § 2-219.03 and Mayor's Order 83-265 (November 9, 1983) regarding job creation and employment generated as a result of the construction on the Property;

(8) The proposed method of disposition, which may be one of the following:

(A) A public or private sale to the highest bidder;

(B) A negotiated sale to a for-profit or nonprofit entity for specifically designated purposes;

(C) A lease for a period of greater than 15 years;

(D) A combination sale/leaseback for specifically designated purposes;

(E) An exchange of interests in real property; or

(F) A public or private sale to the bidder providing the most benefit to the District; and

(9) The following statement:

"The Land Disposition Agreement for the disposition of the real property shall not be inconsistent with the substantive business terms of the transaction submitted by the Mayor with this resolution in accordance with subsection (b-1)(2) of this section, unless revisions to those substantive business terms are approved by the Council."

(b-1) A proposed resolution to provide for the disposition of real property transmitted to the Council pursuant to subsection (b) of this section shall be accompanied by the following:

(1) An analysis prepared by the Mayor of the economic factors that were considered in proposing the disposition of the real property, including:

(A) The chosen method of disposition, and how competition was maximized;

(B) The manner in which economic factors were weighted and evaluated, including estimates of the monetary benefits and costs to the District that will result from the disposition. The benefits shall include revenues, fees, and other payments to the District, as well as the creation of jobs;

(C) A description of all disposition methods considered and an accompanying narrative for the proposed disposition method that contains comparisons to the other methods and shows why the proposed method was more beneficial for the District than the others in the areas of return on investment, subsidies required, revenues paid to the District, and any other relevant category, or why it is being proposed despite it being less beneficial to the District in any of the measured categories; and

(D) A pre-disposition economic impact statement in the form of a quantitative analysis that estimates the economic benefits, including revenues, tax receipts, and job creation, that will result from the disposition, including the anticipated benefits of any development project to be undertaken at the property and any offsite property, including direct, indirect, or induced outcomes.

(2) An executed term sheet or Memorandum of Understanding between the District and the selected developer that shall include the following:

(A) A description of the substantive business terms of the transaction;

(B) A description of the method of disposition;

(C) A description of the Certified Business Enterprise requirements;

(D) A description of the green building requirements;

(E) A description of the schedule of performance; and

(F) Any other terms that the Mayor finds to be in the best interest of the District.

(3)

(A) An appraisal report of the value of the property prepared by an independent licensed appraiser performed no earlier than 5 months before the transmission of the proposed resolution to the Council. The report shall analyze both the highest and best use value of the property and the value of the property under the development proposed pursuant to the disposition. For the purposes of this subparagraph, the term "highest and best use" shall mean the reasonably probable and legal use that is physically possible, appropriately supported, and financially feasible, and that results in the highest value.

(B) An explanation of the difference, if any, between the appraised value (determined pursuant to subparagraph (A) of this paragraph) and the purchase or lease price to be paid pursuant to the disposition.

(4) An itemization, together with an explanation, of any government assistance to be received, or contemplated to be received, by the purchaser or lessee under the disposition, including any discount on the price or rent, grants, loans, tax credits, tax abatements, tax increment financing, affordable housing subsidies, land exchange, and negotiated contributions.

(5)

(A) For all District land being disposed for purposes of development and requiring government assistance the following additional items shall be transmitted to the Council concurrent with the proposed resolution and analysis:

(i) A Land Disposition Agreement between the District and the selected developer;

(ii) Any community benefits agreement between the developer and the relevant community, if any; and

(iii) A Certified Business Enterprise ("CBE") Agreement pursuant to subchapter IX-A of Chapter 2 of Title 2 [§ 2-218.01 et seq.].

(B) Documents in this paragraph shall be transmitted in the most current form available at the time the resolution is transmitted; provided, that ifdocuments transmitted with the proposed resolution are revised during the pendency of Council consideration of the proposed resolution, the revised documents shall be clearly marked and transmitted promptly to the Council.

(C) All documents referenced in this paragraph shall be consistent with the proposed resolution for land disposition and language to that effect shall be included in those agreements prior to execution.

(6) Repealed.

(b-2)

(1) Before proceeding to negotiate the disposition of real property pursuant to subsection (b) of this section, and after holding the hearing required under subsection (a-1) of this section, the Mayor shall hold at least one public hearing to obtain community comment and suggestions on the proposed use of the property. The hearing shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the real property. The Mayor shall provide at least 30 days written notice of the public hearing to the affected Advisory Neighborhood Commissions and shall publicize the hearing by posting written notice at the site and placing a notice in the District of Columbia Register at least 15 days before the hearing.

(2) To the extent that redevelopment related to the disposition occurs offsite of the real property, the Mayor shall hold at least one public hearing in the affected off-site community of such proposed redevelopment to obtain community comment. The hearing shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the off-site real property. The Mayor shall provide at least 30 days written notice of the public hearing to the affected Advisory Neighborhood Commissions and shall publicize the hearing by posting written notice at the site and placing a notice in the District of Columbia Register at least 15 days before the hearing.

(b-3)

(1) If a proposed disposition of real property will result in the development of multifamily residential property consisting of 10 or more units ("multifamily units"), the following affordable-housing requirements shall apply:

(A) If the multifamily units are located in the following areas, at least 30% of the units shall be dedicated as affordable housing:

(i) Within 1/2 mile of a Metrorail station that is in operation or for which a construction contract has been awarded on or before the date of the disposition; or

(ii) Within 1/4 mile of a Priority Corridor Network Metrobus Route, as designated by the Washington Area Metropolitan Transit Authority, located entirely or partially within the District of Columbia;

(B) If the multifamily units are located outside of the areas described in subparagraph (A) of this paragraph, at least 20% of the units shall be dedicated as affordable housing;

(C) The units dedicated as affordable housing pursuant to subparagraphs (A) and (B) of this paragraph shall remain affordable-housing units for the life of the ground lease if the land disposition is by ground lease, or shall remain affordable-housing units in perpetuity, secured by a covenant running with the land that may be extinguished at the sole discretion of the District; and

(D) The purchase price for the second and subsequent sales of the units dedicated as affordable housing described in subparagraphs (A) and (B) of this paragraph shall be determined by a formula established by the Mayor.

(2) The units dedicated as affordable housing pursuant to subparagraphs (A) and (B) of this paragraph shall be made available at the following affordability levels:

(A) In the case of rental units, at least 25% of the units shall be housing for which a very low-income household will pay no more than 30% of its income toward housing costs, and the remainder of such units shall be housing for which a low-income household will pay no more than 30% of its income toward housing costs; and

(B) In the case of ownership units, 50% of the units shall be housing for which a low-income household will pay no more than 30% of its income toward housing costs, and 50% of the units shall be housing for which a moderate-income household will pay no more than 30% of its income toward housing costs.

(3) The Mayor shall take into account the affordable-housing requirements of this subsection when establishing the terms and conditions under which real property is to be disposed of. The Mayor may provide subsidies to a developer, as necessary, to ensure that the affordable-housing requirements imposed by this subsection are met.

(4) The Mayor may waive the affordable-housing requirements of this subsection; provided, the Mayor certifies that:

(A) The appraised value of the property to be disposed of is insufficient to support the affordable-housing requirements, taking into account all other available sources of public funding for affordable housing, whether provided by the District of Columbia or the federal government;

(B) The terms and conditions under which the real property is to be disposed of satisfy the affordable-housing requirements to the maximum extent possible; and

(C) The Chief Financial Officer has provided to the Mayor and the Council a financial analysis that shall consist of:

(i) A review and analysis of the financial condition of disposed-of land; and

(ii) An advisory opinion stating whether or not it is likely that the developer reasonably could be expected to satisfy the affordable-housing requirements set forth in paragraph (1) of this subsection.

(5) Paragraph (4) of this subsection shall not apply to the disposition of the building and property owned by the District and located at 425 2nd Street, N.W., unless the District commits to using all of the proceeds from the disposition of the property for the construction of one or more new homeless shelters and affordable housing to serve a homeless population of comparable size to the homeless population at 425 2nd Street, N.W.

(6) The Mayor may reduce the affordable-housing requirements of this section if the proposed disposition of real property finances the development of a significant public facility. For the purposes of this paragraph, the term "public facility" means a building, structure, or system that is an asset of the District government eligible for capital spending and subject to depreciation. A public facility may include a fire station, public library, public school, stadium, or homeless shelter. Notwithstanding the priority to finance a significant public facility, the Mayor shall nevertheless endeavor to provide affordable housing, consistent with this section, to the extent economically feasible.

(7) Notwithstanding the provisions of this subsection, the Mayor may waive the affordable-housing requirements of this subsection if the District-owned real property is less than 5,000 square feet, even though the property may be consolidated with a private development of multifamily housing consisting of 10 or more units.

(8)

(A) Notwithstanding paragraph (2) of this subsection, for the disposition of the District-owned real property located at 1336 8th Street, N.W., 50% of the affordable units shall be for housing for which a low-income household will pay no more than 30% of its income toward housing costs, and 50% of the units shall be housing for which a moderate-income household will pay no more than 30% of its income toward housing costs, whether or not the units to be constructed are rental units or ownership units.

(B) The Land Disposition and Development Agreement in the form approved by Council pursuant to the 8th & O Streets, N.W., Disposition Approval Resolution of 2016, effective February 2, 2016 (Res. 21-374; 63 DCR 1498), remains in full force and effect, including, without limitation, the Affordable Housing Covenant attached as an exhibit thereto, which shall be recorded against the property at closing.

(b-4)

(1) If a substantive change is made to the business terms of the transaction described in the term sheet or Memorandum of Understanding, referenced in subsection (b-1)(2) of this section, after the resolution was transmitted to and approved by the Council pursuant to this section, a proposed resolution describing the change and accompanied by the amended documents in redline format shall be transmitted to Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed amendments to the documents, in whole or in part, by resolution within the 45-day review period, the proposed amendments shall be deemed approved.

(2) For the purposes of this subsection, the term:

(A) "Redline format" means the changes that are deletions have a line through them and the changes that are additions are underlined.

(B) "Substantive change" means a change that makes the agreement inconsistent with the executed Memorandum of Understanding or term sheet transmitted with the originally approved resolution.

(b-5)

(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for each of the following projects, the Mayor shall hold at least one public hearing on the finding that the real property is no longer required for public purposes before submitting the proposed surplus resolution and proposed disposition resolution to the Council:

(A) Franklin School (Ward 2);

(B) Grimke School (Ward 1);

(C) Parcel 42 (Ward 6);

(D) Water Front Station II (Ward 6);

(E) Crummell School (Ward 5);

(F) Truxton Circle (Ward 5);

(G) MLK Gateway (Ward 8);

(H) 1125 Spring Road, N.W. (Ward 4);

(I) 200 K Street, N.W. (Parking Deck) (Ward 6); and

(J) Northwest One (New Communities) (Ward 6).

(2) The hearing required by paragraph (1) of this subsection shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the real property. The Mayor shall provide at least 30 days written notice of the public hearing to the affected Advisory Neighborhood Commission and publish notice of the hearing in the District of Columbia Register at least 15 days before the hearing.

(b-6)

(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for the disposition of the former Wilkinson Elementary School in Ward 8 ("Wilkinson real property"), the Mayor shall hold at least one public hearing on the finding that the Wilkinson real property is no longer required for public purposes and to obtain community input on the proposed disposition of the Wilkinson real property before submitting the proposed surplus resolution and proposed disposition resolution to the Council pursuant to this section.

(2) The hearing required by paragraph (1) of this subsection shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the Wilkinson real property. The Mayor shall provide at least 30 days written notice of the hearing to the affected Advisory Neighborhood Commission and publish notice of the hearing in the District of Columbia Register at least 15 days before the hearing.

(c) The proposed resolution to provide for the disposition of real property pursuant to subsection (b) of this section shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed disposition of the property, in whole or in part, by resolution within the 90-day period, the proposed resolution shall be deemed disapproved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.

(d) Approval of the disposition of the real property by the Council shall expire 2 years after the effective date of the resolution of approval. If the Mayor determines subsequent to Council approval that the property cannot be disposed of within the 2-year period, the Mayor may submit to the Council a resolution to extend the time for the disposition of the property, and shall include with the transmittal a detailed status report on efforts made toward disposition of the property as well as the reasons for the inability to dispose of the property within the 2-year period. The resolution may extend the time for any specified period up to 2 years. If the Council does not take action to approve or disapprove the resolution within 45 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or days of Council recess, the resolution shall be deemed disapproved.

(d-1)

(1) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of the property located at 2341 4th Street, N.E., pursuant to the Unsolicited Proposal Submitted by the H Street Community Development Corporation for the Acquisition and Development of 2341 4th Street, N.E., Resolution of 1999, deemed approved February 10, 2000 (PR13-436), is extended to February 10, 2004.

(2) This subsection shall apply as of February 10, 2000.

(d-2)

(1) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of Square 5912, Lot 804 in Ward 8 in accordance with the Request for Proposals for the Disposition of Camp Simms Approval Resolution of 2000, effective December 5, 2000 (Res. 13-715; 47 DCR 9984), is extended to March 2, 2006.

(2) This subsection shall apply as of December 5, 2002.

(d-3)

(1) Notwithstanding subsections (a) through (d) and (e) of this section, the Mayor may dispose of the following properties:

(A) Lots 106 and 803 in Square 442, in a manner not inconsistent with the Council's approval of the dispositions of these parcels pursuant to the Development of Small Parcels Resolution of 2006, deemed approved October 27, 2006 (Res. 16-849; 53 DCR 9376); and

(B) Lots 848 and 849 in Square 2906 in a manner not inconsistent with the Council's approval of the dispositions of these parcels pursuant to the Disposition of Lots 848 and 849 in Square 2906 Approval Resolution of 2005, deemed approved July 2, 2005 (Res. 16-280; 52 DCR 7961).

(2) The Mayor's authority to dispose of the properties listed in paragraph (1) of this subsection shall expire on November 5, 2009.

(d-4)

(1) Notwithstanding subsections (a) through (d) and subsection (e)of this section, the Mayor shall dispose of the property located at 35-41 K Street, N.E., designated for tax and assessment purposes as Lot 0838 in Square 0675 ("K Street property"), through a solicitation to be issued no later than October 1, 2013; provided, that if the contingency set forth in paragraph (2)(B) of this subsection is met, the Mayor may dispose of the K Street property through a solicitation to be issued no later than October 1, 2013.

(2)

(A) Except as provided in paragraph (3) of this subsection, the net proceeds from the disposition by sale, as authorized by subsection (b)(8) of this section, of the K Street property shall be deposited into the Housing Production Trust Fund, established by § 42-2802 ("HPTF"), unless the HPTF has been fully funded pursuant to subparagraph (B) of this paragraph and paragraph (3) of this subsection.

(B) If, before the K Street property disposition, the Chief Financial Officer certifies that there is revenue available to fund section 10002(a)(4) of the Revised Revenue Estimate Contingency Priority List Act of 2012, effective September 20, 2012 (D.C. Law 19-168; 59 DCR 8025) ("priority number 4"), the certified available revenue shall be deposited into the HPTF.

(3) If, after the K Street property disposition and the deposit of the net proceeds into the HPTF, the Chief Financial Officer certifies that there is revenue available to fund priority number 4, the certified available revenue, less any shortfall of the $18 million provided for in priority number 4 that was not deposited into the HPTF, which shall be deposited into the HPTF, shall be available to fund NoMa in accordance with priority number 4.

(d-5) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of District-owned real property located at the northeast corner of Sixth and E Streets, S.W., known for tax and assessment purposes as Lot 0036 in Square 0494, for the construction of a mixed-use development, which was approved by the Council pursuant to the Fourth/Sixth and E Streets, S.W., Property Disposition Approval Resolution of 2009, effective November 3, 2009 (Res. 18-290; 56 DCR 8799), as extended by the Fourth/Sixth and E Streets, S.W., Property Disposition Extension Approval Resolution of 2011, effective July 12, 2011 (Res. 19-170; 58 DCR 6589), is extended to November 3, 2017.

(d-6) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of District-owned real property located at 5131 Nannie Helen Burroughs Avenue, N.E., designated for tax and assessment purposes as Lot 801 in Square 5196, for the construction of a mixed-use residential and retail development, which was approved by the Council pursuant to the Strand Theater Disposition Approval Resolution of 2009, effective October 9, 2009 (Res. 18-263; 56 DCR 8410), is extended to December 10, 2018.

(d-7) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of District-owned real property located at 1336 8th Street, N.W., and known for tax and assessment purposes as Lot 68 in Square 399, for a mixed-use development providing for affordable housing, residential and market rate housing, and retail, and any ancillary uses allowed under applicable law, pursuant to the 8th & O Streets, N.W., Disposition Approval Resolution of 2016, effective February 2, 2016 (Res. 21-374; 63 DCR 1498), is extended to September 15, 2020.

(d-8) Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of a portion of the District-owned real property located at 3012 Georgia Avenue, N.W., known for tax and assessment purposes as Lot 0849 in Square 2890, for a mixed-use development that provides affordable housing, residential market-rate housing, commercial or community amenity space, and any ancillary uses allowed under applicable law, pursuant to the Bruce Monroe Disposition Approval Resolution of 2016, effective December 20, 2016 (Res. 21-721; 64 DCR 10453), and as extended by the Bruce Monroe Disposition Extension Resolution of 2018, effective November 13, 2018 (Res. 22-643; 65 DCR 13002), is extended to December 20, 2023.

(e) The Mayor shall incorporate into the terms of the disposition of real property disposed of through a negotiated sale pursuant to this section, the right of the District to reacquire the property at the price originally conveyed plus any amounts secured by the property that have been approved by the Mayor, if the property is no longer used for the authorized purpose. For property located within the corporate boundaries of the District, if the District does not exercise its reacquisition option, the owner in fee simple shall be entitled to use the property or sell, convey, or otherwise dispose of the property for use in a manner that is consistent with the designation of the real property on:

(1) The Generalized Land Use Maps adopted pursuant to § 1-301.63; and

(2) The Official Zoning Map of the District of Columbia adopted pursuant to § 6-641.01.

(e-1) In the case of any real property to be disposed under this section through a request for proposals or competitive sealed proposals, the Mayor shall include economic factors, including revenues, fees, and other payments to the District, as one of the criteria to evaluate the request for proposals or competitive sealed proposals.

(f) The Mayor shall take any steps necessary to ensure continuous community input in the disposition of any real property to be disposed of in accordance with this section, which shall include, for property located within the corporate boundaries of the District, providing notice to any affected Advisory Neighborhood Commission of the final terms and conditions for the sale of the property, for review and comment in accordance with § 1-309.10, prior to the disposition of the property.

(f-1) This section shall not apply to any real property which is acquired under § 42-3171.02.

(g) For real property that the Mayor has determined, after input from affected communities, to be no longer needed by the District of Columbia Public Schools ("DCPS"), the Mayor shall submit to the Council a report on whether the Mayor intends to dispose of the real property to a public charter school under § 38-1802.09 or for use by another agency of the District government. The report shall be submitted to the Council by the Mayor within 90 days of the determination that the real property is no longer needed by the DCPS. If the report is not submitted by the Mayor to the Council within the 90-day period, the Mayor shall dispose of the real property in accordance with the provisions of this subchapter and shall transmit to the Council the resolutions required by subsection (a)(2) of this section within 180 days of the Mayor's determination.

(h) Repealed.

(i) Repealed.

(j) Repealed.

(k) Repealed.

(l) Repealed.

(m) The provisions of this subchapter shall not apply to real property acquired by the District or an instrumentality of the District (or a subsidiary thereof) under § 47-1353(a)(3).

(n) For the purposes of this section, the term:

(1) "Area median income" means:

(A) For a household of 4 persons, the area median income in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(B) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(C) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

(D) For a household of one person, 70% of the area median income for a household of 4 persons; and

(E) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a household of 4 persons for each household member exceeding 4 persons.

(2) "Housing costs" means:

(A) In the case of rental units, rent and utilities.

(B) In the case of ownership units, mortgage payments, including principal, interest, and property insurance, taxes, homeowner association, condominium, or cooperative fees, and utilities.

(3) "Low-income household" means a household consisting of one or more persons with a total household income that is more than 30% and less than or equal to 50% of the area median income.

(4) "Moderate-income household" means a household consisting of one or more persons with total household income more than 50% and less than or equal to 80% of the area median income.

(5) "Very low-income household" means a household consisting of one or more persons with total household income less than or equal to 30% of the area median income.

(o) The net proceeds from the disposition of the McMillan Sand Filtration Site approved by the McMillan Residential Townhomes Parcel Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-705; 62 DCR 1091), the McMillan Residential Multifamily Parcels Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-706; 62 DCR 1094), and the McMillan Commercial Parcel Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-707; 62 DCR 1097), shall not be deposited into the unrestricted fund balance of the General Fund of the District of Columbia but instead shall be deposited into the capital fund account associated with the McMillan Site Redevelopment, EB0-AMS11C.

D.C. Code § 10-801

Amended by D.C. Law 24-69, § 2 , 68 DCR 014085, eff. 2/18/2022, exp. 10/1/2022.

Amended by D.C. Law 24-215, § 2 , 68 DCR 012371, eff. 11/18/2021, exp. 2/16/2022.

Amended by D.C. Law 23-248, § 2 , 68 DCR 003670, eff. 3/16/2021.

Amended by D.C. Law 23-232, § 2 , 68 DCR 003654, eff. 3/16/2021.

Amended by D.C. Law 23-149, § IV-H-4073 , 67 DCR 10493, eff. 12/3/2020.

Amended by D.C. Act 23-405, § II-208 , 67 DCR 9400, eff. 8/19/2020.

Aug. 5, 1939, 53 Stat. 1211, ch. 449, § 1; Mar. 15, 1990, D.C. Law 8-96, § 3, 37 DCR 795; Sept. 11, 1990, D.C. Law 8-158, §2(a), 37 DCR 4167; Mar. 16, 1995, D.C. Law 10-216, § 2 41 DCR 8038; Apr. 18, 1996, D.C. Law 11-110, § 21, 43 DCR 530; Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 15(a), 49 DCR 8140; Apr. 4, 2003, D.C. Law 14-282, § 5, 50 DCR 896; Mar. 30, 2004, D.C. Law 15-127, § 2, 51 DCR 1549; Apr. 5, 2005, D.C. Law 15-285, § 2, 52 DCR 857; Apr. 13, 2005, D.C. Law 15-354, § 92, 52 DCR 2638; June 8, 2006, D.C. Law 16-112, § 2, 53 DCR 2536; Mar. 26, 2008, D.C. Law 17-138, § 704, 55 DCR 1689; Oct. 22, 2009, D.C. Law 18-76, § 2, 56 DCR 6895; Mar. 11, 2010, D.C. Law 18-115, § 2(a), 57 DCR 886; July 27, 2010, D.C. Law 18-201, § 2, 57 DCR 4742; Sept. 20, 2012, D.C. Law 19-168, § 2132, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 67, 59 DCR 6190; Mar. 10, 2015, D.C. Law 20-193, § 2, 61 DCR 12407; Oct. 22, 2015, D.C. Law 21-36, § 8012, 62 DCR 10905; Feb. 2, 2016, D.C. Law 21-62, § 2, 62 DCR 15612; Apr. 1, 2017, D.C. Law 21-229, § 2, 64 DCR 870; Apr. 7, 2017, D.C. Law 21-267, § 2, 64 DCR 2152; Dec. 13, 2017, D.C. Law 22-33, § 2052, 64 DCR 7652; Feb. 22, 2019, D.C. Law 22-209, § 2, 65 DCR 12371; May 27, 2020, D.C. Act 23-326, § 208, 0 DCR 0.

For an amendment to the requirement that the Mayor transfer certian properties in fee simple and without charge to the L'Efant Trust, see section 2192 of D.C. Law 22-33.

For a requirement that the Mayor transfer certain properties in fee simple and without charge to the L'Enfant Trust, see section 2 of D.C. Law 21-223.

Sale, lease or transfer of certain United States property in District to foreign governments and international organization: See Act of October 8, 1968, Pub. L. 90-553 , as amended by Act of May 25, 1982, Pub. L. 97-186 , as amended by § 124 of the Act of August 16, 1985, Pub. L. 99-93 , as amended by § 120 of the Act of February 16, 1990, Pub. L. 101-246 .

Conveyance of property: Pursuant to authority of this section, the Act of March 16, 1978, D.C. Law 2-63, conveying square 491 to the Pennsylvania Avenue Development Corporation, was adopted.

D.C. Law 7-94, effective March 16, 1988, authorized the Mayor to convey property located at 525-9th Street, N.E., Lots 32, 33, and 34 of Square 936, commonly referred to as Old Police Precinct #9.

D.C. Law 8-32, effective September 22, 1989, as amended by D.C. Act 8-97, effective October 17, 1989, as amended by D.C. Law 8-171, effective September 26, 1990, authorized the Mayor to convey property located at 1529 16th Street, N.W., Lot 818 of Square 194, commonly referred to as the Jewish Community Center.

D.C. Law 8-82, effective March 15, 1990, authorized the Mayor to convey property located at Lot 13 in Square 4446.

D.C. Law 10-139, effective July 23, 1994, authorized the Mayor to convey property located at 2025 2nd Street, N.W., commonly referred to as the Gage School.

Approval of Prevocational School Site: Pursuant to Resolution 8-291, the "Prevocational School Site Lease Approval Resolution of 1990", effective November 30, 1990, the Council approved the request by the Mayor to lease the Prevocational School Site for a period not to exceed 99 years.

Disapproval of request to lease Employment Services Building: Pursuant to Resolution 8-292, the "Employment Services Building Lease Disapproval Resolution of 1990," effective November 30, 1990, the Council disapproved the request by the Mayor to lease the Employment Services Building Site for a period not to exceed 99 years.

Precinct Station Site Lease Approval Resolution of 1991: Pursuant to Resolution 9-146, effective December 13, 1991, the Council approved the request by the Mayor to lease the Old Number 8 Precinct Station (Lot 804; Square 1730) to Iona Senior Services for a period of greater than 20 years.

Proposal to Develop 10 Lots Located at Benning Road, S.E., Lots 309 through 318, Square 5359 Resolution of 1992: Pursuant to Resolution 9-264, effective June 12, 1992, the Council reviewed and approved an unsolicited proposal to develop 10 lots located at Benning Road between Hanna Place and H Street, S.E., Lots 309 through 319, Square 5359.

Lease of the Employment Services Building Site Disapproval Resolution of 1993: Pursuant to Resolution 10-62, effective June 11, 1993, the Council disapproved the lease of the Employment Services Building site for a period of up to 99 years.

Children's Island Disposition Resolution of 1993: Pursuant to Resolution 10-92, effective July 30, 1993, the Council authorized conditionally the disposition of property in the Anacostia River known as Children's Island, upon the approval by the Council of the District of Columbia of a transfer of jurisdiction over the property from the National Park Service to the District of Columbia, pursuant to a Lease and Restated Cooperative Agreement between the District of Columbia and National Children's Island, Inc. and Island Development Corporation, and subject to compliance with the provisions of the Children's Island Development Plan Emergency Act of 1993 and successor permanent legislation.

Unsolicited Proposal Submitted by Washington Properties, Inc./Square 673 Partners for the Negotiated Disposition of 59 M Street, N.E., Resolution of 1994: Pursuant to Resolution 10-475, effective December 6, 1994, amended by D.C. Law 16-191, § 110, the Council reviewed and provided comments on an Unsolicited Proposal submitted by Washington Properties, Inc./Square 673 Partners for the negotiated disposition of 59 M Street, N.E.

Conveyance of property: D.C. Law 10-96 authorized the Mayor to convey certain real property of the District of Columbia known as Engine Company No. 24, located on Lot 816, Square 2900, with a street address at 3702 Georgia Avenue N.W., to the Washington Metropolitan Area Transit Authority for the purpose of constructing the Georgia Avenue/Petworth Station facilities.

Disposal of surplus real property: Section 2 of D.C. Law 8-96 provided that for the purposes of this act, the term "real property" means land titled in the name of the District of Columbia ("District") or in which the District has a controlling interest and includes all structures of a permanent character erected thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights attached thereto, or any air space located above or below the property or any street or alley under the jurisdiction of the Mayor.

Authority over the John A. Wilson Building: Section 601 of D.C. Law 10-65, provided, inter alia, that notwithstanding the provisions of this chapter, the John A. Wilson Building is designated under the exclusive authority of the Council of the District of Columbia to determine the use, management, maintenance, operation, repair, renovation, security, lease, sale, or other disposition of the property pursuant to § 10-1301 .

Oyster Elementary School Construction and Revenue Bonds: D.C. Law 12-174, the Oyster Elementary School Construction and Revenue Bond Act of 1998, effective October 21, 1998, pursuant to § 169 of Pub. Law. 105-277, authorized the demolition of the James F. Oyster Elementary School and the construction of a new school, the lease or conveyance of a portion of the Oyster School site to a private developer, and the funding for construction of the new Oyster School facility through the issuance of revenue bonds by the District for the benefit of the District of Columbia Public Schools, with the payments on such revenue bonds secured through payment by the developer of a payment in lieu of taxes.

Glenn Dale Hospital Site Sale Approval Resolution of 1994: Pursuant to Proposed Resolution 11-17, deemed approved January 7, 1995, Council approved the sale of the Glenn Dale Hospital Site.

Transfer of Lot 40 in Square 454 Emergency Approval Resolution of 1995: Pursuant to Resolution 11-150, effective October 10, 1995, the Council approved the transfer of certain real property owned by the District of Columbia Government, further described as Lot 40 in Square 454, a portion of which to be transferred to the District of Columbia Redevelopment Land Agency and the remaining portion to be used or disposed of in accordance with District of Columbia law.

Request for Proposals to Solicit Development of the Georgetown Incinerator Property, Lot 824 in Square 1189, Approval Emergency Resolution of 1996: Pursuant to Resolution 11-478, effective July 17, 1996, Council approved, on an emergency basis, the request for proposals soliciting proposals to develop the Georgetown Incinerator Property located in the Georgetown Waterfront area and legally described as Lot 824, Square 1189.

Approval of the Negotiated Disposition of the "Golden Rule Property" to Golden Rule Plaza, Inc., and Reorganization Plan No. 8 of 1996 for the Business of Public Management Disapproval Resolution of 1996: Pursuant to Resolution 11-569, effective November 7, 1996, Council approved a negotiated disposition and redevelopment of the "Golden Rule Property" to Golden Rule Plaza, Inc., and to disapprove Reorganization Plan No. 8 of 1996 for the business of public management.

Negotiated Disposition of Property Upshur Street, N.W., to the National Baptist Convention USA Housing Inc., Twenty-Seven, Approval Resolution of 1996: Pursuant to Resolution 11-632, effective December 3, 1996, Council approved the negotiated disposition of property located in Square 2820, Lot Upshur Street, N.W., to the National Baptist Convention USA Housing Inc., Twenty-Seven, for the development of the "Upshur House" in Ward Four.

Request for Offers for the Disposition for the Roosevelt Apartment for Senior Citizens, 2101 16th Street, N.W., Lot 802, in Square 188, Approval Resolution of 1996: Pursuant to Resolution 11-633, effective December 3, 1996, Council approved the Request for Offers for the disposition of the Roosevelt Apartment for Senior Citizens located at 2101 16th Street, N.W., and legally described as Lot 802, Square 188, in Ward 1.

Unsolicited Proposal to Develop the Anacostia Northern Gateway Project Approval Resolution of 1997: Proposed Resolution 12-0111, the "Unsolicited Proposal to Develop the Anacostia Northern gateway project Approval Resolution of 1997" was deemed approved, effective Feb. 12, 1997.

Extension of Time To Dispose of Square 4107, Lots 227 and 900 and Square 4103, Lots 826 and 827 to Crane Rental Company Approval Resolution of 1998: Pursuant to Resolution 12-(PR12-721), effective May 29, 1998, the Council approved a request for additional time for the disposition of property on W Street, N.E., Square 4107, Lots 227 and 900 and Square 4103, Lots 826 and 827, to Crane Rental Company.

Disposition of Lots 90, 91, 92, 105, 106 and 125 in Square 2560 to Adams Morgan Development Company Limited Partnership Approval Resolution of 1998: Pursuant to Resolution 12-703, effective October 6, 1998, the Council approved the disposition of Lots 90, 91, 92, 105, 106 and 125 in Square 2560 to Adams Morgan Development Company Limited Partnership.

Disposition of Lot 824 in Square 1189 to Millennium Georgetown Development L.L.C. Approval Resolution of 1998: Pursuant to Resolution 12-704, effective October 6, 1998, the Council approved the disposition of Lot 824 in Square 1189 to Millennium Georgetown Development L.L.C.

Authorization to Sell Lots 804, 805 and 806 in Square 3587 Approval Resolution of 1998: Pursuant to Resolution PR 12-824. effective December 10, 1998, the Council authorized the sale of Lots 804, 805, and 806 in Square 3587 to existing tenants.

Disposition of Lot 41 in Square 484 Emergency Conditional Approval Resolution of 1998: Pursuant to Resolution 12-677, effective August 24, 1998, the Council approved, on an emergency basis, the disposition of Lot 41 in Square 454, located at 614 H Street, N.W., as surplus property.

Disposition of Lot 0061 in Square 555 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-800, effective December 1, 1998, the Council approved, on an emergency basis, the disposition of Lot 0061 in Square 555, real property owned by the District government, as surplus property in accordance with District of Columbia law.

Public Offering Document to Receive Proposals to Develop the McMillan Sand Filter Plan Site Disapproval Resolution of 1998 (PR12-981): Pursuant to Resolution 13-31, effective February 2, 1999, the Council disapproved an offering document to receive proposals to develop the McMillan Sand Filter Plant Site, located in Ward 5.

Request for Offers for the Disposition of the Roosevelt Apartment, 2101 - 16th Street, N.W., Lot 802 in Square 188, Approval Resolution of 1999 (PR12-1115): Pursuant to Resolution 13-32, effective February 2, 1999, the Council reviewed and approved the Request for Offers for disposition of the Roosevelt Apartment, located at 2101 16th Street, N.W., and legally described as Lot 802 in Square 188, in Ward One.

Related federal enactments: Section 152 of Public Law 106-113 provided:

"(a) Management Of Existing District Government Property.-upon the expiration of the 60-day period that begins on the date of the enactment of this Act, none of the funds contained in this Act may be used to enter into a lease (or to make rental payments under such a lease) for the use of real property by the District of Columbia government (including any independent agency of the District) or to purchase real property for the use of the District of Columbia government (including any independent agency of the District) or to manage real property for the use of the District of Columbia (including any independent agency of the District) unless the following conditions are met:

"(1) The Mayor and Council of the District of Columbia certify to the Committees on Appropriations of the House of Representatives and Senate that existing real property available to the District (whether leased or owned by the District government) is not suitable for the purposes intended.

"(2) Notwithstanding any other provisions of law, there is made available for sale or lease all real property of the District of Columbia that the Mayor from time-to-time determines is surplus to the needs of the District of Columbia, unless a majority of the members of the Council override the Mayor's determination during the 30-day period which begins on the date the determination is published.

"(3) The Mayor and Council implement a program for the periodic survey of all District property to determine if it is surplus to the needs of the District.

"(4) The Mayor and Council within 60 days of the date of the enactment of this Act have filed with the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform and Oversight of the House of Representatives, and the Committee on Governmental Affairs of the Senate a report which provides a comprehensive plan for the management of District of Columbia real property assets, and are proceeding with the implementation of the plan.

"(b) Termination Of Provisions.-If the District of Columbia enacts legislation to reform the practices and procedures governing the entering into of leases for the use of real property by the District of Columbia government and the disposition of surplus real property of the District government, the provisions of subsection (a) shall cease to be effective upon the effective date of the legislation."

Section 8734 of Public Law 107-217 provided:

"Sec. 8734. Sale of land by Mayor

"(a) AUTHORITY TO SELL-With the approval of the National Capital Planning Commission, the Mayor of the District of Columbia, for the best interests of the District of Columbia, may sell to the highest bidder at public or private sale real estate in the District of Columbia owned in fee simple by the District of Columbia for municipal use that the Council of the District of Columbia and the Commission find to be no longer required for public purposes.

"(b) PAYING EXPENSES AND DEPOSITING PROCEEDS-The Mayor-

"(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and

"(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the District of Columbia."

Applicability of D.C. Law 16-112: Section 4 of D.C. Law 16-112 provided: "This act shall apply to resolutions submitted to the Council after the effective date of this act [June 8, 2006]."

Section 2 of D.C. Law 18-165 provided: "Notwithstanding An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), the Council approves the disposition of the real property formerly designated as federal reservations 129, 130, and 299 to CASCO Marina Development LLC, in accordance with the agreement between the District of Columbia and CASCO Marina Development, LLC."

Section 6 of D.C. Law 18-368 provided: "Notwithstanding section 1(d) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801(d) ), the time period within which the Mayor may dispose of the property located at 1101-1111 24th Street, N.W., known for tax and assessment purposes as Lot 836, Square 37, 2301 L Street, N.W., Lot 837, Square 37, and 2225 M Street, N.W., Lot 822, Square 50, pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res. 18-553; 57 DCR 7623), is extended to July 13, 2013." Establishment of the Saint Elizabeths Redevelopment Initiative, see Mayor's Order 2011-109, June 15, 2011 ( 58 DCR 5348).

African-American Civil War Memorial and Museum Development: Sections 2132 to 2134 of D.C. Law 20-61 provided for a protective covenant on, and restrictions on disposal of, 1925 Vermont Avenue, N.W., known for tax and assessment purposes as Lot 0827, Square 0361 ("the Grimke School"), for the establishment and operation of the African-American Civil War Memorial Museum and Visitor's Center.

Section 301 of D.C. Law 20-110 provided: "Findings.

"(a) The Property is located at the intersection of Naylor Road, S.E., Good Hope Road, S.E., and Alabama Avenue, S.E., and consists of approximately 18.7 acres of land and is further defined in section 101(22).

"(b) The Property was acquired with the intention of eliminating blight by redeveloping the underused site into retail and residential space to benefit the surrounding community and the District. Therefore, the Property is not required for public purposes and the Property needs to be declared surplus in order to dispose of the Property for redevelopment purposes.

"(c) A public hearing was held on June 26, 2013, at the Francis A. Gregory Neighborhood Library located at 3660 Alabama Ave. S.E., regarding the finding that the Property is no longer required for public purposes."

Section 302 of D.C. Law 20-110 provided that the Council determined that the Property is no longer required for public purposes.

Section 401 of D.C. Law 20-110 provided: "Findings.

"(a) The Property is located at the intersection of Naylor Road, S.E., Good Hope Road, S.E., and Alabama Avenue, S.E., consists of approximately 18.7 acres of land, and is further defined in section 101(22).

"(b) The Project shall include affordable housing, such that 20% of the residential units shall be reserved for households with incomes at or below 80% AMI. An additional 10% of the residential units shall be reserved for households with incomes at or below 120% of AMI.

"(c) The Developer shall enter into an agreement with the District requiring the Developer to, at a minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar volume of the Project, and requiring at least 20% equity and 20% development participation of Certified Business Enterprises.

"(d) The Developer shall enter into a First Source Agreement with the District that shall govern certain obligations of the Developer pursuant to section 4 of the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code Section 2-219.03 ) and Mayor's Order 83-265, dated November 9, 1983, regarding job creation and employment as a result of the construction on the Property.

"(e) The Developer shall comply with the terms set forth in Zoning Commission Order No. 09-03, July 12, 2010, pertaining to the following properties: Square 5640, Lot 33; Square 5640, Lot 35; Square 5640, Lot 816; and Par 0213, Lot 64.

"(f) The Land Disposition Agreement to be executed between the District and the Developer shall:

"(1) Incorporate the District's right to reacquire the Property at the price originally conveyed consistent with section 1(e) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code Section 10-801(e) ); and

"(2) Except as provided in paragraph (1) of this subsection, be consistent with the terms in the documents submitted by the Mayor to the Council in conjunction with the Skyland Town Center Omnibus Act of 2014. Any substantive change shall be submitted to the Council consistent with section 1(b-1)(6) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code Section 10-801 (b-1)(6))."

Section 402 of D.C. Law 20-110 provided that the Council approved the disposition of the Property to the Developer pursuant to the terms set forth in D.C. Law 20-110, § 401.

This section is set out more than once. See also 10-801, effective until 10/1/2022.

Advisory Neighborhood Commissions, duties and responsibilities, see § 1-309.10 . Authority of Council, exchange of district-owned land, see § 10-901 . Correctional Treatment Facility, exemptions from leasing and property laws, see § 24-261.05 . District of Columbia Alley Dwelling Act, rent, sale, or exchange of lands acquired thereunder, see § 6-101.01 et seq. Industrial Home School, disposal, see § 44-1303 . Sale of lands not needed for public purposes, see § 16-1332 et seq. .