2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part A - Definitions; Assessment of Government Rent; Minor Uses › § 10–1101.01. Definitions

§ 10–1101.01. Definitions.
As used in this subchapter, unless the context requires otherwise:
(1) “Mayor” means the Mayor of the District or his designated agent.
(1A) “Assessed value” means the estimated market value of the real property attributable to the land for purposes of real property taxation as of January 1 preceding the rent year.
(1B) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.
(1C) “Condominium unit owners’ association” shall have the same meaning as the unit owner’s association described in § 42-1903.01 or a master association as defined in § 42-1901.02(19A), as the context may require.
(1D) “Declarant” shall have the same meaning as provided in § 42-1901.02(11).
(2) “District” means the District of Columbia.
(3) “Owner” means:
(A) Any person, or any one of a number of persons, in whom is vested all or any part of the beneficial ownership, dominion, or title of property;
(B) The committee, conservator, or legal guardian of an owner who is non compos mentis, a minor child, or otherwise under a disability; or
(C) A trustee elected or appointed, or required by law, to execute a trust, other than a trustee under a deed of trust to secure the repayment of a loan.
(4) “Parking” means that area of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District.
(5) “Property line” means the line of demarcation between privately owned property fronting or abutting a street and the publicly owned property in the line of such street.
(6) “Public space” means all the publicly owned property between the property lines on a street, as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.
(6A) “Responsible condominium unit owners’ association” means a condominium unit owners’ association if vault rent was an obligation of the condominium as a whole before there was a unit owner other than the declarant, or the condominium unit owners’ association or its predecessor entered into an agreement with the Mayor relating to the occupation of vault space.
(7) “Street” means a public highway as shown on the records of the District, whether designated as a street, alley, avenue, freeway, road, drive, lane, place, boulevard, parkway, circle, or by some other term.
(8) “Vault” means a structure or an enclosure of space beneath the surface of the public space, including but not limited to tanks for petroleum products, except that the term “vault” shall not include public utility structures, pipelines, or tunnels constructed under the authority of subsection (d) of § 1-301.01, or structures or facilities of the District of Columbia or any structure or facility included in any lease agreement entered into by the Mayor. If such structure or enclosure of space be divided approximately horizontally into 2 or more levels, the term “vault” as used in this subchapter shall be considered as applying to 1 such level only, and each such level shall be considered a separate vault within the meaning of this subchapter.
(9) “Vault rent year” means the period beginning July 1st each year and ending June 30th of each succeeding year.
(Oct. 17, 1968, 82 Stat. 1156, Pub. L. 90-596, title I, § 103; Mar. 2, 2007, D.C. Law 16-192, § 6013(a), 53 DCR 6899; Dec. 24, 2008, D.C. Law 17-284, § 2(a), 55 DCR 11983; Feb. 26, 2015, D.C. Law 20-155, § 6002(a), 61 DCR 9990.)
Prior Codifications
1981 Ed., § 7-1001.
1973 Ed., § 7-902.
Section References
This section is referenced in § 2-351.05, § 10-1141.02, § 10-1202.24, and § 47-305.01.
Effect of Amendments
D.C. Law 16-192, in par. (8), substituted “the District of Columbia or” for “the United States or the District of Columbia, or of any governmental entity or foreign government, or”.
D.C. Law 17-284 added par. (1A).
The 2015 amendment by D.C. Law 20-155, effective Feb. 26, 2015, and applicable July 1, 2015, added (1B), (1C), (1D), (6A), and (9).
Emergency Legislation
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
For temporary (90 day) amendment, see § 2(a) of Public Space Rental Fees Emergency Amendment Act of 2008 (D.C. Act 17-460, July 28, 2008, 55 DCR 8729).
For temporary (90 days) amendment of this section, see §§ 6002(a) and 6003(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see §§ 6002(a) and 6003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see §§ 6002(a) and 6003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Temporary Legislation
Section 2(a) of D.C. Law 17-263 added a new 2nd unnumbered paragraph to read as follows: “’Assessed value’ means the estimated market value of the real property attributable to the land for purposes of real property taxation as of January 1 preceding the rent year.”
Section 6(b) of D.C. Law 17-263 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Section 6003 of D.C. Law 20-155 provided that §§ 6002(a), (c), (d), (e), and (f) of the act shall apply as of July 1, 2015.
Establishment of the Public Space Committee, see Mayor’s Order 2009-114, June 18, 2009 ( 56 DCR 6862).
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.