reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.01. Short title

§ 42–2851.01. Short title.
This chapter may be referred to as the “Low-Income Housing Preservation and Protections Act of 2002”.
(Apr. 19, 2002, D.C. Law 14-114, § 201, 49 DCR 1468.)
Editor's Notes
Section 1101 of D.C. Law 14-114 provided: “The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall promulgate rules to implement this act.”
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.04. District’s first right to purchase section 8 properties

§ 42–2851.04. District’s first right to purchase section 8 properties.
(a) Before an owner of a federally-assisted housing accommodation may sell the housing accommodation, the owner shall provide to the Mayor, and the Mayor shall have, an opportunity to purchase the housing accommodation in the same manner, and with the same rights, as the opportunity to purchase is provided to tenants and tenant organizations under §§ 42-3404.02 through 42-3404.04 and 42-3404.08. The Mayor shall have 30 days after receiving a written offer of sale from the owner to provide the owner with a written statement of interest. The owner shall afford the Mayor a reasonable period of time, but not less than 120 days after receiving the statement of interest, to negotiate a contract of sale. The Mayor and the owner shall bargain in good faith.
(b) The Mayor may assign the opportunity to purchase provided under subsection (a) of this section to a person that:
(1) Demonstrates the capacity to manage the housing and related facilities for its remaining useful life, either by itself or through a management agent; and
(2) Agrees to obligate itself and any successors in interest to maintain the affordability of the assisted housing development as required by subsection (e) of this section.
(c) The Mayor shall not exercise the opportunity to purchase provided by this section unless the sale of the housing accommodation by the owner would result in the discontinuance of the use of the housing accommodation as a federally-assisted housing accommodation or in the termination of any low-income residency requirements that apply to the housing accommodation.
(d) The income restrictions imposed by the federal assistance program on the dwelling units in the housing accommodation purchased by the Mayor or an assignee of the Mayor shall be maintained by the purchaser for a 30-year period from the date that the purchaser takes possession of the housing accommodation.
(e) This section shall not abrogate the rights of tenants under subchapter IV of Chapter 34 of this title.
(Apr. 19, 2002, D.C. Law 14-114, § 204, 49 DCR 1468.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.05. Relocation services by Mayor

§ 42–2851.05. Relocation services by Mayor.
(a) If the owner of a federally-assisted housing accommodation discontinues participation in the federal assistance program, the Mayor shall provide relocation services to the tenants of the housing accommodation. The relocation services shall include ascertaining the relocation needs of each household, providing current information on the availability of comparable housing of suitable size, and supplying information concerning federal and District housing programs.
(b) The Mayor may provide relocation assistance payments of up to $500 per tenant, based on need and pursuant to regulations promulgated by the Mayor.
(c) A relocation assistance payment provided under this section shall not be considered income of the recipient under § 47-1803.02(a)(2).
(Apr. 19, 2002, D.C. Law 14-114, § 205, 49 DCR 1468.)
Section References
This section is referenced in § 4-205.05 and § 47-1803.02.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.06. Vouchers for rental housing assistance

§ 42–2851.06. Vouchers for rental housing assistance.
(a) The monetary assistance provided to an owner of a housing accommodation under section 8 of the United States Housing Act of 1937 or any District law or program authorizing the payment of rental housing assistance, either directly or through a tenant, shall be considered the income of the tenant for the purposes of any minimum income qualification for a dwelling unit in the housing accommodation.
(b) The monetary assistance provided to an owner of a housing accommodation under section 8 of the United States Housing Act of 1937 or any District law or program authorizing the payment of rental housing assistance, either directly or through a tenant, shall be considered income and a source of income under § 2-1402.21.
(c) The owner of a housing accommodation shall not refuse to rent a dwelling unit to a person because the person will provide his or her rental payment, in whole or in part, through a voucher for rental housing assistance provided by the District or federal government.
(d) In any written notice, statement, or advertisement of a dwelling unit for rent, the housing provider shall clearly state that the housing provider will not refuse to rent a rental unit to a person because the person will provide the rental payment, in whole or in part, through a voucher for rental housing assistance provided by the District or federal government.
(Apr. 19, 2002, D.C. Law 14-114, § 206, 49 DCR 1468; Apr. 13, 2005, D.C. Law 15-354, § 59, 52 DCR 2638; Mar. 16, 2021, D.C. Law 23-213, § 2, 68 DCR 001106.)
Section References
This section is referenced in § 47-1803.02.
Effect of Amendments
D.C. Law 15-354, in subsec. (b), validated previously made technical changes.
References in Text
Section 8 of the United States Housing Act, referred to in subsecs. (a) and (b), is Act Sept. 1, 1937, c. 896, Title I, § 8, which is classified to 42 U.S.C. § 1437f.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.07. Penalties for noncompliance

§ 42–2851.07. Penalties for noncompliance.
(a) An owner who fails to comply with a requirement of this chapter shall pay a civil fine of no greater than 5 times the costs and damages caused by the noncompliance.
(b) All fines collected pursuant to this section shall be paid into the Housing Production Trust Fund established by Chapter 28 of this title.
(c) The Mayor may commence enforcement proceedings for any fine not paid within the time period set forth in regulations.
(Apr. 19, 2002, D.C. Law 14-114, § 207, 49 DCR 1468.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28A - Low-Income Housing Preservation and Protection › § 42–2851.08. Determination of qualified areas

§ 42–2851.08. Determination of qualified areas.
Within 30 days after April 19, 2002, the Mayor shall issue a notice of proposed rulemaking setting forth those census tracts which are preliminarily determined to be qualified areas. The Mayor shall issue a notice of final rulemaking setting forth those census tracts which are determined to be qualified areas within 75 days after April 19, 2002. The Mayor shall make a map of the qualified areas, a list of the census tracts determined to be qualified areas, and the boundaries of those tracts available on the Internet. The Mayor shall review and, if necessary, update the map, list, and boundaries at least once every 2 years.
(Apr. 19, 2002, D.C. Law 14-114, § 208, 49 DCR 1468.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28B - Low-Income Housing Tax Credit Fund › § 42–2853.01. Definitions

§ 42–2853.01. Definitions.
For the purposes of this chapter, the term:
(1) “Administrative costs” means the costs of the Department to administer, manage, and monitor the low-income housing tax credit program, including personnel costs, whether incurred before or after April 8, 2005.
(2) “Department” means the Department of Housing and Community Development.
(3) “Developer” means a person or entity that proposes to cause the construction affordable housing using tax credits provided under the Low-Income Housing Tax Credit Program.
(4) “Fund” means the Low-Income Housing Tax Credit Fund established by § 42-2853.02.
(5) “Low-Income Housing Tax Credit Program” means the program authorized by section 42 of the Internal Revenue Code [26 U.S.C. § 42].
(6) “User fee” means a fee charged by the Department to a developer in connection with the Low-Income Housing Tax Credit Program, including application, reservation, allocation, and monitoring fees.
(Apr. 8, 2005, D.C. Law 15-299, § 2, 52 DCR 1502.)
Emergency Legislation
For temporary (90 day) fund provisions, see § 2 of Low-Income Housing Tax Credit Non-Reverting/Non Lapsing Proprietary Fund Emergency Act of 2004 (D.C. Act 15-511, August 2, 2004, 51 DCR 8969).
For temporary (90 day) fund provisions, see § 2 of Low-Income Housing Tax Credit Fund Congressional Review Emergency Act of 2004 (D.C. Act 15-730, January 19, 2005, 52 DCR 1958).
For temporary (90 day) fund provisions, see § 2 of Low-Income Housing Tax Credit Fund Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-39, February 17, 2005, 52 DCR 3037).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Low-Income Housing Tax Credit Fund Temporary Act of 2004 (D.C. Law 15-230, March 16, 2005, law notification 52 DCR 3556).
References in Text
Section 42 of the Internal Revenue Code, referred to in par. (5), is classified to 26 U.S.C. § 42.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28B - Low-Income Housing Tax Credit Fund › § 42–2853.02. Low-Income Housing Tax Credit Fund

§ 42–2853.02. Low-Income Housing Tax Credit Fund.
(a) There is hereby established a lapsing fund known as the Low-Income Housing Tax Credit Fund (“Fund”). All monies received shall be used for the uses and purposes set forth in this chapter, subject to authorization by the Council and Congress. Any unexpended monies in the Fund shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(b) Money in the Fund shall be expended by the Department only for administrative costs and for the audit required under subsection (c) of this section.
(c) All income and expenses of the Fund shall be audited annually by the Mayor. The audit report shall be submitted to the Council. The expenses for each audit shall be paid by the Fund.
(Apr. 8, 2005, D.C. Law 15-299, § 3, 52 DCR 1502; Sept. 14, 2011, D.C. Law 19-21, § 9030, 58 DCR 6226.)
Section References
This section is referenced in § 42-2853.01.
Effect of Amendments
D.C. Law 19-21, in subsec. (a), substituted “lapsing fund known as the Low-Income Housing Tax Credit Fund (’Fund’). All monies received shall be used for the uses and purposes set forth in this chapter, subject to authorization by the Council and Congress. Any unexpended monies in the Fund shall revert to the unrestricted fund balance of the General Fund of the District of Columbia” for “nonlapsing fund separate from the General Fund of the District of Columbia, to be known as the Low-Income Housing Tax Credit Fund (’Fund’). All user fees collected under this chapter, and all interest earned on those user fees, shall be deposited into the Fund, shall be available without regard to fiscal year limitation, and shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time. The money in the Fund shall be continually available to the Department for the uses and purposes set forth in this chapter, subject to authorization by the Council and Congress”.
Emergency Legislation
For temporary (90 day) fund provisions, see § 3 of Low-Income Housing Tax Credit Non-Reverting/Non Lapsing Proprietary Fund Emergency Act of 2004 (D.C. Act 15-511, August 2, 2004, 51 DCR 8969).
For temporary (90 day) fund provisions, see § 3 of Low-Income Housing Tax Credit Fund Congressional Review Emergency Act of 2004 (D.C. Act 15-730, January 19, 2005, 52 DCR 1958).
For temporary (90 day) fund provisions, see § 3 of Low-Income Housing Tax Credit Fund Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-39, February 17, 2005, 52 DCR 3037).
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Low-Income Housing Tax Credit Fund Temporary Act of 2004 (D.C. Law 15-230, March 16, 2005, law notification 52 DCR 3556).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 28E - Affordable Housing Loan Fund Authorization › § 42–2858.01. Affordable Housing Loan Fund authorization

§ 42–2858.01. Affordable Housing Loan Fund authorization.
The Department of Housing and Community Development is authorized to submit an application for the program offered by the U.S. Department of Housing and Urban Development, pursuant to section 108 of the Housing and Community Development Act of 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. § 5308), to provide a gap subsidy resource source for Community Development Block Grant-eligible affordable housing acquisition and rehabilitation projects in Fiscal Year 2021 that also meet the criteria for the use of money in the Housing Preservation Fund, established by § 1-325.351, or the Housing Production Trust Fund, established by § 42-2802.
(Dec. 3, 2020, D.C. Law 23-149, § 2172, 67 DCR 10493.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 29 - Metropolitan Police Housing Assistance and Community Safety Program › § 42–2901. Definitions

§ 42–2901. Definitions.
For the purposes of this chapter, the term:
(1) “Department” means the District of Columbia Department of Public and Assisted Housing Development.
(2) “First-time homebuyer” means a purchaser who has no ownership interest in a principal residence at any time during the 3-year period ending on the date of the application for assistance, but includes an applicant who has divorced or separated during the 3-year period where a formal settlement did not convey an ownership interest in a principal residence which had been jointly owned.
(3) “Housing unit” means any room or group of rooms forming a single-family residential unit, including a semi-detached condominium, cooperative, or semi-detached or detached home that is intended to be used or used for living, sleeping, and the preparation and eating of meals by human occupants.
(4) “Police officer” means officers of all ranks employed by the District of Columbia Metropolitan Police Department.
(Feb. 23, 1994, D.C. Law 10-70, § 2, 40 DCR 7575.)
Prior Codifications
1981 Ed., § 45-2231.
Temporary Legislation
For temporary (225 day) addition, see § 2 of Metropolitan Police Housing Assistance Program and Community Safety Temporary Act of 1993 (D.C. Law 10-63, October 8, 1993, law notification 40 DCR ]).
Editor's Notes
Mayor authorized to issue rules: Section 5 of D.C. Law 10-70 provided that the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules within 90 days after February 23, 1994, to implement the provisions of this chapter. The rules shall include, but not be limited to, the following:
Report on cost of tax exemption for police substations: Section 6 of D.C. Law 10-70 provided that six months from February 23, 1994, the Department of Finance and Revenue shall submit a report to the Council on the fiscal impact of providing a real property tax exemption to that portion of the real property belonging to any individual, partnership, or corporation that is provided rent free to the District for use solely by the Metropolitan Police Department as a police substation. The exemption shall be applicable only while the property is used as an active police substation.
Mayor authorized to issue rules: (1) An application procedure for the Metropolitan Police Housing Assistance Program; and.
(2) A standard of eligibility and selection of Metropolitan Police Housing Assistance Program applicants. The Mayor may establish priorities for eligibility based on length of residency in the District, geographic location, or other means as deemed appropriate.
Report on fiscal impact: Section 7 of D.C. Law 10-70 provided that at the end of 1 year from the issuance of regulations to implement this chapter, similar incentives for teachers and firefighters shall be considered, and the Department of Finance and Revenue shall submit a report to the Council on the fiscal impact of these incentives.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 29 - Metropolitan Police Housing Assistance and Community Safety Program › § 42–2902. Rental assistance

§ 42–2902. Rental assistance.
(a) The Department shall offer public housing units at a discounted rental rate to Metropolitan police officers. In assigning public housing units, the Department shall establish a priority for Metropolitan police officers who already reside in the District.
(b) Notwithstanding any other provision of District of Columbia law or regulation, Metropolitan police officers who reside in the District of Columbia may receive discounted rent from private or public housing providers.
(c) All Metropolitan police officers who receive a discounted rent from a private or public housing provider shall notify the Chief of Police of the terms of the discount, and provide a copy of any lease or written agreement detailing the terms of the housing arrangement.
(d) Any discounted rent received by a Metropolitan police officer shall not be considered income for purposes of District of Columbia income tax.
(Feb. 23, 1994, D.C. Law 10-70, § 3, 40 DCR 7575.)
Prior Codifications
1981 Ed., § 45-2232.
Temporary Legislation
For temporary (225 day) addition, see § 3 of Metropolitan Police Housing Assistance Program and Community Safety Temporary Act of 1993 (D.C. Law 10-63, October 8, 1993, law notification 40 DCR ]).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 29 - Metropolitan Police Housing Assistance and Community Safety Program › § 42–2903. Community police presence

§ 42–2903. Community police presence.
All Metropolitan police officers who reside in the District of Columbia shall be eligible to keep in their possession at all times, overnight and off-duty, the official vehicles assigned for patrol purposes. In assigning police vehicles to be taken by police officers while off-duty, the Chief of Police shall establish priorities based on District residency, dispersion by geographic locations, and other factors the Chief of Police may deem appropriate.
(Feb. 23, 1994, D.C. Law 10-70, § 4, 40 DCR 7575.)
Prior Codifications
1981 Ed., § 45-2233.
Temporary Legislation
For temporary (225 day) addition, see § 4 of Metropolitan Police Housing Assistance Program and Community Safety Temporary Act of 1993 (D.C. Law 10-63, October 8, 1993, law notification 40 DCR ]).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 30 - Servicemen’s Readjustment › § 42–3001. Disability of minority removed; investments by building, building and loan, and savings and loan associations

§ 42–3001. Disability of minority removed; investments by building, building and loan, and savings and loan associations.
(a) The disability of minority of a resident of the District of Columbia who is eligible for guaranty of a loan pursuant to the Servicemen’s Readjustment Act of 1944 (58 Stat. 284) and of a minor spouse of any such resident (when acting jointly with such resident) is hereby removed with respect to the incurring of any obligation all or part of which is guaranteed under the provisions of said Act or in conjunction with which a secondary loan is so guaranteed, and with respect to the exercise of the rights of ownership in any property acquired with the proceeds of any such obligation, including the right to sell, convey, lease, encumber, improve or maintain the same and to further obligate himself incident to his exercise of such rights.
(b) Notwithstanding any other provision of law, any building association or building and loan association or any savings and loan association, incorporated or unincorporated, organized and operating under the laws of the District of Columbia, or any federal savings and loan association whose main office is in the District of Columbia, may invest its funds in:
(1) Property-improvement loans insured or insurable under title I of the National Housing Act (12 U.S.C. § 1702 et seq.);
(2) Loans to veterans of World War II when guaranteed in whole or in part by a loan guaranty certificate issued under the Servicemen’s Readjustment Act of 1944, including, without limitation, such loans as are unsecured and such loans as are junior to another mortgage or lien upon the security; and
(3) Other secured or unsecured loans for property alteration, repair, or improvement or for home equipment; provided, that no such unsecured loan not insured or guaranteed by a federal agency shall be made in excess of $2,000; provided further, that the total amount loaned or invested and held in unsecured loans not insured or guaranteed by a federal agency as provided for under this subsection at any 1 time shall not exceed 15% of the association’s assets.
(May 1, 1946, 60 Stat. 159, ch. 245, § 2.)
Prior Codifications
1981 Ed., § 45-2301.
1973 Ed., § 45-1701.
References in Text
The Servicemen’s Readjustment Act of 1944, referred to in subsections (a) and (b)(2) of this section, is the Act of June 22, 1944, 58 Stat. 284, codified primarily as former 38 U.S.C. § 693 et seq., and repealed by the Act of Sept. 2, 1958, 72 Stat. 1273, Pub. L. 85-857. See now 38 U.S.C. § 3701 et seq.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 30 - Servicemen’s Readjustment › § 42–3002. Direct-reduction loans authorized; obligor to be member of lending association

§ 42–3002. Direct-reduction loans authorized; obligor to be member of lending association.
Any building association, building and loan association, or savings and loan association organized and operating under the laws of the District of Columbia is authorized to lend money to veterans of World War II and others upon the security of a first deed of trust or first mortgage upon real estate, to be repaid in monthly or quarterly payments to be applied first to interest and the balance to principal until the indebtedness is paid in full, and without subscription to, or ownership of any shares, and such loans shall be known as direct-reduction loans. Direct-reduction-loan borrowers, and all persons assuming or obligated under direct-reduction loans made or held by such association shall be members of the association, and at all meetings of the members of the association, each borrower or each obligor upon a direct-reduction loan shall be entitled to 1 vote as such member.
(May 1, 1946, 60 Stat. 159, ch. 245, § 3.)
Prior Codifications
1981 Ed., § 45-2302.
1973 Ed., § 45-1702.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3102. Action to abate

§ 42–3102. Action to abate.
(a) Wherever there is reason to believe that a drug-, firearm-, or prostitution-related nuisance exists, the United States Attorney for the District of Columbia, the Corporation Counsel for the District of Columbia, or any community-based organization may file an action in the Superior Court of the District of Columbia to abate, enjoin, and prevent the drug-, firearm-, or prostitution-related nuisance.
(b) Such actions shall be commenced by the filing of a complaint in the Civil Branch of the Superior Court of the District of Columbia against any person alleging the facts constituting the drug-, firearm-, or prostitution-related nuisance.
(c) Such actions shall be in equity and shall be tried without a jury.
(Mar. 26, 1999, D.C. Law 12-194, § 3, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3302.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3102.01. Authority to obtain law enforcement records

§ 42–3102.01. Authority to obtain law enforcement records.
Upon request by the Attorney General for the District of Columbia, the United States Attorney for the District of Columbia may provide information related to a drug-, firearm-, or prostitution-related property that has been obtained from a law enforcement agency.
(Mar. 26, 1999, D.C. Law 12-194, § 3a; as added Apr. 4, 2006, D.C. Law 16-81, § 3(c), 53 DCR 1050; Sept. 26, 2012, D.C. Law 19-171, § 100(a), 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related.”
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3104. Preliminary injunction

§ 42–3104. Preliminary injunction.
(a) Upon the filing of a complaint to abate the drug-, firearm-, or prostitution-related nuisance, the court shall hold a hearing on the motion for a preliminary injunction, within 10 business days of the filing of such action. If it appears, by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove at trial that a drug-, firearm-, or prostitution-related nuisance exists, the court may enter an order preliminarily enjoining the drug-, firearm-, or prostitution-related nuisance and granting such other relief as the court may deem appropriate, including those remedies provided in § 42-3110. A plaintiff need not prove irreparable harm to obtain a preliminary injunction. Where appropriate, the court may order a trial of the action on the merits to be advanced and consolidated with the hearing on the motion for preliminary injunction.
(b) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order, or other equitable relief otherwise provided by law.
(Mar. 26, 1999, D.C. Law 12-194, § 5, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3304.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3105. Protection of witnesses

§ 42–3105. Protection of witnesses.
If proof of the existence of the drug-, firearm-, or prostitution-related nuisance depends, in whole or in part, upon affidavits of witnesses who are not law enforcement officers, the court in its discretion may issue orders to protect those witnesses, including, but not limited to, placing the complaint and supporting affidavits under seal.
(Mar. 26, 1999, D.C. Law 12-194, § 6, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3305.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3106. Conviction not required

§ 42–3106. Conviction not required.
A previous conviction of the defendant, or any tenant or owner of the property, shall not be required to demonstrate a drug-, firearm-, or prostitution-related nuisance.
(Mar. 26, 1999, D.C. Law 12-194, § 7, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3306.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3107. Security

§ 42–3107. Security.
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the United States Attorney for the District of Columbia or by the Corporation Counsel. Otherwise, the court may require a security bond to issue a preliminary injunction or temporary restraining order.
(Mar. 26, 1999, D.C. Law 12-194, § 8, 45 DCR 7982.)
Prior Codifications
1981 Ed., § 45-3307.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3108. Burden of proof

§ 42–3108. Burden of proof.
The plaintiff must establish that a drug-, firearm-, or prostitution-related nuisance exists by a preponderance of the evidence. Once a reasonable attempt at notice is made pursuant to § 42-3103, the owner of the property shall be presumed to have knowledge of the drug-, firearm-, or prostitution-related nuisance. A plaintiff is not required to make any further showing that the owner knew, or should have known, of the drug-, firearm-, or prostitution-related nuisance to obtain relief under § 42-3110 or § 42-3111.
(Mar. 26, 1999, D.C. Law 12-194, § 9, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3308.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3109. Evidence of reputation

§ 42–3109. Evidence of reputation.
In an action brought under this chapter, evidence of general reputation of the property or tenants is admissible for the purpose of proving a drug-, firearm-, or prostitution-related nuisance, and for the purpose of proving the knowledge of the defendant of the nuisance.
(Mar. 26, 1999, D.C. Law 12-194, § 10, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3309.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3111. Damages

§ 42–3111. Damages.
In addition to equitable relief granted under this chapter, the plaintiff may request, and the court in its discretion may order damages for each day the drug-, firearm-, or prostitution-related nuisance is unabated since the date the defendant first received notice of the drug-, firearm-, or prostitution-related nuisance as provided in § 42-3103, or knew or should have known of the existence of the drug-, firearm-, or prostitution-related nuisance, whichever is earlier. Such damages shall be payable to the plaintiff, or, in the case of an action by the United States Attorney for the District of Columbia or by the Corporation Counsel, to the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund established by § 42-3111.01. No other damages are recoverable under this chapter.
(Mar. 26, 1999, D.C. Law 12-194, § 12, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), (d), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3311.
Section References
This section is referenced in § 42-3108 and § 42-3110.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”; and substituted “to the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund established by § 42-3111.02” for “to the General Fund of the District of Columbia”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3111.01. Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund

§ 42–3111.01. Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund.
(a) There is hereby established a Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia. The assets of the Fund shall not exceed $2 million at any time. The Fund shall consist of damages collected in cases brought pursuant to this chapter and any additional funds Congress may make available to the Fund. Such funds shall be deposited in the Fund upon receipt. The funds in the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year, but shall remain available for the purposes set forth in this section, subject to authorization and appropriation by Congress. Any balance in excess of $2 million shall be deposited in the General Fund of the District of Columbia.
(b) The funds in the Fund shall be available for use by the Attorney General to carry out the enforcement of this chapter, including all costs reasonably related to prosecuting cases and conducting investigations pursuant to this chapter. The Attorney General may also use the funds in the Fund to enforce Chapter 36A of this title, including all costs reasonably related to prosecuting and conducting investigations of housing receivership cases.
(c) Disbursements made from the Fund to the Office of Attorney General or other appropriate agency shall be used to supplement and not supplant the Office of the Attorney General’s appropriated operating budget.
(Mar. 26, 1999, D.C. Law 12-194, § 12a; as added Apr. 4, 2006, D.C. Law 16-81, § 3(e), 53 DCR 1050; Sept. 26, 2012, D.C. Law 19-171, § 100(b), 59 DCR 6190; Oct. 30, 2018, D.C. Law 22-168, § 3103, 65 DCR 9388.)
Section References
This section is referenced in § 42-3111.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “Drug-, Firearm-, or Prostitution-Related” for “Drug or Prostitution-Related” in the section heading and in the first sentence of (a).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3093 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 3093 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3112. Violation of injunction or abatement order

§ 42–3112. Violation of injunction or abatement order.
(a) A violation of any court order issued under this chapter is punishable as a contempt of court.
(b) Upon finding that a defendant has willfully violated an order issued under this chapter, the court may issue any additional orders necessary to abate the drug-, firearm-, or prostitution-related nuisance.
(c) Upon motion, the court may vacate an order or judgment of abatement if the owner of the property satisfies the court that the drug-, firearm-, or prostitution-related nuisance has been abated for 90 days prior to the motion, corrects all housing code and health code violations on the property, and deposits a bond in an amount to be determined by the court, which shall be in an amount reasonably calculated to ensure continued abatement of the nuisance. Any bond posted under this subsection shall be forfeited immediately if the drug-, firearm-, or prostitution-related nuisance recurs during the 2-year period following the date on which an order under this section is entered. At the close of 2 years following the date on which an order under this section is entered, the bond shall be returned.
(Mar. 26, 1999, D.C. Law 12-194, § 13, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3312.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3113. Interpretation

§ 42–3113. Interpretation.
This chapter shall be construed liberally in accordance with its remedial purposes. The definition of a drug-, firearm-, or prostitution-related nuisance shall not be subject to any restrictions or limitations upon public or private nuisance actions at common law. This action is civil in nature and none of its provisions should be interpreted as punishment.
(Mar. 26, 1999, D.C. Law 12-194, § 14, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)
Prior Codifications
1981 Ed., § 45-3313.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3114. Availability of other remedies

§ 42–3114. Availability of other remedies.
The provisions of this chapter shall not limit the availability of other remedies under the law or other equitable relief whether or not an adequate remedy exists at law.
(Mar. 26, 1999, D.C. Law 12-194, § 15, 45 DCR 7982.)
Prior Codifications
1981 Ed., § 45-3314.
Emergency Legislation
For temporary addition of chapter, see notes to § 42-3101.
Temporary Legislation
See Historical and Statutory Notes following § 42-3101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31 - Drug-, Firearm-, or Prostitution-Related Nuisance Abatement › § 42–3115. Suspension or revocation of licenses. [Not Funded]

§ 42–3115. Suspension or revocation of licenses. [Not Funded]
Not Funded.
(Feb. 25, 2010, D.C. Law 12-194, § 15a; as added Mar. 22, 2023, D.C. Law 24-333, § 4, 70 DCR 1524.)
Applicability
Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 4 of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31A - Abatement of Nuisance Property › Subchapter II - Registration of Vacant Buildings › § 42–3131.07. Registration and renewal procedure

§ 42–3131.07. Registration and renewal procedure.
(a) At the time of application for the initial registration or renewal of registration of a vacant building, the owner shall arrange with the Mayor for the inspection of the building. On receiving an application for the initial registration or renewal of registration of a vacant building, the Mayor shall thereafter inspect the building. The Mayor shall approve the initial registration or the renewal registration for one year if:
(1) The building has been maintained in accordance with the requirements of § 42-3131.12; and
(2) The vacancy of the building will not:
(A) Be detrimental to the public health, safety, and welfare;
(B) Unreasonably interfere with the reasonable and lawful use and enjoyment of the other premises within the neighborhood; and
(C) Pose a hazard to police officers or firefighters entering the building in an emergency;
(3) The building complies with the fire, building, and housing codes of the District of Columbia;
(4) The continuance of any maintenance work or condition of occupancy is not dangerous to life or property;
(5) No false statements or misrepresentations have been made upon the registration application;
(6) Orders on a building have been complied with and the building complies with any applicable occupancy requirements;
(7) An adequate water supply or facilities for fire fighting purposes is furnished as required in the fire code; and
(8) The Mayor is permitted to inspect the building before initial registration, during the registration period, and before a renewal of registration.
(b) If the owner of a vacant building fails to comply with the provisions of subsection (a) of this section, both initially and throughout the registration period, the Mayor may deny or revoke the owner’s registration and may subject the owner to the penalties provided in § 42-3131.10.
(Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 7; as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888.)
Section References
This section is referenced in § 42-3131.10 and § 47-813.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31A - Abatement of Nuisance Property › Subchapter II - Registration of Vacant Buildings › § 42–3131.08. Notice of denial or revocation of registration

§ 42–3131.08. Notice of denial or revocation of registration.
The owner shall be notified in writing of the denial or revocation of registration of a vacant building and the right to appeal. Upon notice of the denial or revocation, the owner shall not proceed with any operation to which the registration related. If the registration is denied or revoked, no registration fees or parts thereof shall be returned.
(Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 8; as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888; Aug. 15, 2008, D.C. Law 17-216, § 3(d), 55 DCR 7500.)
Section References
This section is referenced in § 42-3131.10, § 42-3131.11, and § 42-3131.14.
Effect of Amendments
D.C. Law 17-216 rewrote the section which had read as follows: “A notice of denial or revocation of registration shall be in writing and shall be served upon the owner, or his or her agent. A notice of denial or revocation of registration shall also be posted on the vacant building. Upon receipt or posting of the notice of denial or revocation of registration, a person shall not proceed with any operation to which such registration related. If an initial or renewal registration is denied, or if a registration is revoked during the registration period, no registration fees, or parts thereof, shall be returned to the owner.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(d) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2006 (D.C. Act 16-586, December 28, 2006, 54 DCR 353).
For temporary (90 day) amendment of section, see § 3(d) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2007 (D.C. Act 17-173, November 2, 2007, 54 DCR 11204).
For temporary (90 day) amendment of section, see § 3(d) of Nuisance Properties Abatement Reform and Real Property Classification Congressional Review Emergency Act of 2008 (D.C. Act 17-436, July 16, 2008, 55 DCR 8272).
Temporary Legislation
For temporary (225 day) amendment of section, see § 3(d) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2006 (D.C. Law 16-259, March 8, 2007, law notification 54 DCR 3044).
For temporary (225 day) amendment of section, see § 3(d) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2007 (D.C. Law 17-102, February 2, 2008, law notification 55 DCR 4254).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31A - Abatement of Nuisance Property › Subchapter II - Registration of Vacant Buildings › § 42–3131.13. Public identification of owner

§ 42–3131.13. Public identification of owner.
The Mayor may cause to be affixed to the property containing a vacant building required to be registered under this chapter a sign setting forth the name of the owner of each unit and any other pertinent information that the Mayor may require to protect the public health and welfare.
(Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 13; as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 31A - Abatement of Nuisance Property › Subchapter II - Registration of Vacant Buildings › § 42–3131.14. Collection

§ 42–3131.14. Collection.
(a)(1) Any fees required under § 42-3131.06(a) or § 42-3131.09 that remain unpaid after receipt of the notice under § 42-3131.08 or § 42-3131.11 shall be assessed as a tax against the real property containing the vacant building and shall be subject to § 6-806 and shall constitute a lien against the real property containing the vacant building and the personal property of the owner.
(2) In addition to the lien provided under paragraph (1) of this section, any fees required under § 42-3131.06(a) or § 42-3131.09 that remain unpaid after receipt of the notice under § 42-3131.08 or § 42-3131.11 shall be a continuing and perpetual lien in favor of the District of Columbia upon all property, whether real or personal, of the owner, and shall have the same force and effect as a lien created by judgment. The lien shall attach to all property belonging to the owner at any time during the period of the lien, including any property acquired by the owner after the lien arises. The lien shall have priority over all other liens, except liens for District of Columbia taxes, District of Columbia water charges, and the lien under § 2-1802.03; provided, that the lien shall not be valid against a bona fide purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor until notice by filing in the Recorder of Deeds.
(b) All fees and penalties collected under this chapter shall be deposited in the fund established under § 42-3131.01(b)(1) and shall be expended for the general administration, inspection, and abatement costs incurred in the correction of wrongful conditions in vacant buildings and other nuisance properties; provided, that if any fees and penalties are collected as a tax through the real estate tax sale process, the fees and penalties shall be deposited in the fund established under § 42-3131.01(b)(1) after an accounting has been made in accordance with § 47-1340(f).
(Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 14; as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888.)