2023 District of Columbia Code › Title 47 - Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title] › Chapter 46 - Special Tax Incentives › § 47–4676. Lots 835 and 840 in Square 5539

§ 47–4676. Lots 835 and 840 in Square 5539.
(a) The real property tax imposed on Lots 835 and 840 in Square 5539 ("Property") by Chapter 8 of this title shall be abated by the amount set forth in subsection (b) of this section, for the period of time set forth in subsection (c) of this section; provided, that:
(1) The Property is developed with a project consisting of approximately 170,000 square feet of multi-family residential housing and accessory parking, with approximately 180 to 200 rental housing units ("Project");
(2) 80% of the rental housing units in the Project are affordable to and set aside for households earning an average of 80% or less of the median family income for the period of time set forth in subsection (c) of this section;
(3) At least 10% of the rental housing units in the Project are affordable to and set aside for households earning 60% or less of the median family income for the period of time set forth in subsection (c) of this section;
(4) The developer of the Project contracts with certified business enterprises for at least 35% of the contract dollar volume for the construction of the Project;
(5) For the duration of the period set forth in subsection (c) of this section, the operator of the Project contracts with certified business enterprises for at least 35% of the contract dollar volume for the operation of the Project; and
(6) The owner of the Property files a covenant in the land records of the District, binding on the owner and all successors in interest with respect to the Property, to require compliance with paragraphs (2), (3), (4), and (5) of this subsection.
(b) The amount of the tax abatement provided by subsection (a) of this section shall be:
(1) For the first tax year during which the tax abatement applies, as provided in subsection (c) of this section, $362,000; and
(2) For the second tax year during which the tax abatement applies and each subsequent tax year until the end of the period set forth in subsection (c) of this section, 103% of the prior year's abatement amount.
(c)(1) The tax abatement provided for by this section shall begin on the first day of the tax year after the tax year during which a certificate of occupancy is issued for the Project or on October 1, 2025, whichever is later, and shall continue in effect for 40 tax years.
(2)(A) By December 31 of each tax year of the abatement period set forth in paragraph (1) of this subsection, the Mayor shall certify to the Office of Tax and Revenue the Property's eligibility for the abatement provided pursuant to this section.
(B) If at any time the Mayor determines that the Property has become ineligible for the abatement provided pursuant to this section, the Mayor shall notify the Office of Tax and Revenue of the Property's ineligibility and shall specify the date that the Property became ineligible.
(d) For the purposes of this section, the term:
(1) "Certified business enterprise" means a business enterprise or joint venture certified pursuant to Subchapter IX-A of Chapter 2 of Title 2.
(2) "Median family income" has the meaning set forth in § 6-1041.01(5).
(e) The Mayor, pursuant to Subchapter I of Chapter 5 of Title 2, may issue rules to implement this section.
(Sept. 21, 2022, D.C. Law 24-167, § 7092(b), 69 DCR 009223; Feb. 23, 2023, D.C. Law 24-258, § 3, 69 DCR 15086.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 7092(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).