reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1117. Promulgation of rules and regulations by Mayor

§ 42–1117. Promulgation of rules and regulations by Mayor.
The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter.
(Mar. 2, 1962, 76 Stat. 16, Pub. L. 87-408, title III, § 317; July 25, 1989, D.C. Law 8-17, § 8(b), 36 DCR 4160.)
Prior Codifications
1981 Ed., § 45-937.
1973 Ed., § 45-737.
Emergency Legislation
For temporary (90 day) amendment of section, see § 10(e) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) amendment of section, see § 10(e) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) amendment of section, see § 10(e) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
Temporary Legislation
For temporary (225 day) amendment of section, see § 10(e) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) amendment of section, see § 10(e) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Editor's Notes
Application of Law 8-17: See Historical and Statutory Notes following § 42-1103.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1118. Abatement of taxes due where cost does not warrant collection. [Repealed]

§ 42–1118. Abatement of taxes due where cost does not warrant collection. [Repealed]
Repealed.
(Mar. 2, 1962, 76 Stat. 16, Pub. L. 87-408, title III, § 318; Apr. 4, 2003, D.C. Law 14-282, § 9(d), 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-938.
1973 Ed., § 45-738.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 10(f) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 10(f) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1119. Elimination of fractional stamps or devices; payment of tax to nearest dollar

§ 42–1119. Elimination of fractional stamps or devices; payment of tax to nearest dollar.
For the purpose of avoiding, in the case of any stamps or devices employed pursuant to authority of this chapter, the issuance of stamps or the employment of devices representing fractional parts of $1, the Mayor is authorized, in his discretion, to limit the denominations of such stamps or devices to amounts representing $1 or multiples of $1, and to prescribe further that where part of the tax due is a fraction of $1, the tax paid shall be paid to the nearest dollar.
(Mar. 2, 1962, 76 Stat. 16, Pub. L. 87-408, title III, § 319.)
Prior Codifications
1981 Ed., § 45-939.
1973 Ed., § 45-739.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1120. General criminal penalties; prosecutions by Corporation Counsel [Repealed]

§ 42–1120. General criminal penalties; prosecutions by Corporation Counsel [Repealed]
Repealed.
(Mar. 2, 1962, 76 Stat. 16, Pub. L. 87-408, title III, § 320; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, §§ 155(a), 161(e)(2); Apr. 4, 2003, D.C. Law 14-282, § 9(d), 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-940.
1973 Ed., § 45-740.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 10(f) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 10(f) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 10(f) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1121. Illegal acts relating to stamps and other devices; penalties

§ 42–1121. Illegal acts relating to stamps and other devices; penalties.
Any person who:
(1) With intent to defraud, alters, forges, makes, or counterfeits any stamp, or other device prescribed under authority of this chapter for the collection or payment of any tax imposed by this chapter, or sells, lends, or has in his possession any such altered, forged, or counterfeited stamp, or other device, or makes, uses, sells, or has in his possession any material in imitation of the material used in the manufacture of such stamp, or other device; or
(2) Fraudulently cuts, tears, or removes from any deed, parchment, paper, instrument, writing, or article, upon which any tax is imposed by this chapter, any adhesive stamp or the impression of any stamp, die, plate, or other article provided, made, or used in pursuance of this chapter; or
(3) Fraudulently uses, joins, fixes, or places to, with, or upon any deed, parchment, paper, instrument, writing, or article, upon which a tax is imposed by this chapter:
(A) Any adhesive stamp, or the impression of any stamp, die, plate, or other article, which has been cut, torn, or removed from any other deed, parchment, paper, instrument, writing, or article upon which any tax is imposed by this chapter; or
(B) Any adhesive stamp or the impression of any stamp, die, plate, or other article of insufficient value; or
(C) Any forged or counterfeited stamp, or the impression of any forged or counterfeited stamp, die, plate, or other article; or
(4)(A) Wilfully removes, or alters the cancellation or defacing marks of, or otherwise prepares, any adhesive stamp, with intent to use, or cause the same to be used, after it has already been used; or
(B) Knowingly or wilfully buys, sells, offers for sale, or gives away, any such washed or restored stamp to any person for use, or knowingly uses the same; or
(C) Knowingly and without lawful excuse (the burden of proof of such excuse being on the accused) has in possession any washed, restored, or altered stamp, which has been removed from any deed, parchment, paper, instrument, writing, package, or article;
shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than 3 years, or both.
(Mar. 2, 1962, 76 Stat. 16, Pub. L. 87-408, title III, § 321.)
Prior Codifications
1981 Ed., § 45-941.
1973 Ed., § 45-741.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1122. Depositing collected money

§ 42–1122. Depositing collected money.
All monies collected under this chapter shall be deposited in the General Fund; except, that:
(a) In fiscal years ending before October 1, 2023:
(1) 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund established by § 42-2802 ("Housing Production Trust Fund"); and
(2) 85% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund established by § 1-325.181 ("West End Library and Fire Station Maintenance Fund");
(b) In Fiscal Years 2024, 2025, 2026, and 2027:
(1) The lesser of the following amounts shall be deposited in the Housing Production Trust Fund:
(A) 15% of the monies collected under this chapter; or
(B) 102% of the amount deposited into the Housing Production Trust Fund in the prior fiscal year pursuant to this section; and
(2) 85% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund; and
(c) In fiscal years beginning on or after October 1, 2027:
(1) 15% of the monies collected under this chapter shall be deposited into the District of Columbia Housing Authority capital project DEVELOPMENT AND REHABILITATION-DCHA;
(2) 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund; and
(3) 70% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund.
(Mar. 2, 1962, 76 Stat. 17, Pub. L. 87-408, title III, § 322; Apr. 19, 2002, D.C. Law 14-114, § 502(b), 49 DCR 1468; Mar. 13, 2004, D.C. Law 15-105, § 74(b), 51 DCR 881; Sept. 6, 2023, D.C. Law 25-50, § 2182(b), 70 DCR 10366.)
Prior Codifications
1981 Ed., § 45-942.
1973 Ed., § 45-742.
Effect of Amendments
D.C. Law 14-114 substituted “General Fund of the District of Columbia; provided, that 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund established by § 42-2802” for “General Fund of the District of Columbia”.
D.C. Law 15-105 validated previously made technical corrections.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1123. Separability clause

§ 42–1123. Separability clause.
If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Mar. 2, 1962, 76 Stat. 17, Pub. L. 87-408, title III, § 323.)
Prior Codifications
1981 Ed., § 45-943.
1973 Ed., § 45-743.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 11 - Recordation Tax on Deeds › § 42–1124. Appropriations to carry out provisions of chapter

§ 42–1124. Appropriations to carry out provisions of chapter.
There are hereby authorized to be appropriated such amounts as may be necessary for the carrying out of the provisions of this chapter, including the use of stamps or other devices for evidencing payment of the tax imposed by this chapter.
(Mar. 2, 1962, 76 Stat. 17, Pub. L. 87-408, title III, § 324.)
Prior Codifications
1981 Ed., § 45-944.
1973 Ed., § 45-744.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1201. Appointment; duties; residency requirement; mayoral supervision [Repealed]

§ 42–1201. Appointment; duties; residency requirement; mayoral supervision [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1275, ch. 854, § 548; June 9, 1952, 66 Stat. 129, ch. 373, § 1; Aug. 3, 1954, 68 Stat. 650, ch. 653, § 2; Dec. 30, 1963, 77 Stat. 773, Pub. L. 88-243, § 14; Mar. 14, 1985, D.C. Law 5-159, § 23, 32 DCR 30; Apr. 4, 2003, D.C. Law 14-282, § 7(b), 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-901.
1973 Ed., § 45-701.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1202. Purchase of necessary equipment; employment of personnel

§ 42–1202. Purchase of necessary equipment; employment of personnel.
The Recorder of Deeds of the District of Columbia is authorized and empowered to purchase such machines and equipment as he may deem necessary or expedient for the efficient, expeditious, and economical recording of all deeds and other instruments of writing entitled by law to be recorded, and to employ such personnel as may be required to operate the same and to perform necessary services in connection therewith; and all deeds and other instruments of writing entitled by law to be recorded in the Office of the Recorder of Deeds which are recorded by means of such machines or equipment are hereby declared to be legally recorded.
(Aug. 4, 1947, 61 Stat. 730, ch. 456.)
Prior Codifications
1981 Ed., § 45-902.
1973 Ed., § 45-701b.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary amendment of section, see § 3 of the Lower Income Homeownership Tax Abatement and Incentives Act of 1983 Amendment Emergency Act of 1988 (D.C. Act 7-282, January 6, 1989, 36 DCR 481).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1203. Deputy Recorder; effect of performance of duties. [Repealed]

§ 42–1203. Deputy Recorder; effect of performance of duties. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1275, ch. 854, § 549; June 9, 1952, 66 Stat. 129, ch. 373, § 2; Aug. 3, 1954, 68 Stat. 650, ch. 653, § 3; Mar. 3, 1979, D.C. Law 2-139, § 3205(uu), 25 DCR 5740; Apr. 4, 2003, D.C. Law 14-282, § 7(b), 50 DRC 896.)
Prior Codifications
1981 Ed., § 45-903.
1973 Ed., § 45-702.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 8(b) of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 8(b) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1204. Second Deputy Recorder; effect of performance of duties. [Repealed]

§ 42–1204. Second Deputy Recorder; effect of performance of duties. [Repealed]
Repealed.
(Mar. 3, 1925, 43 Stat. 1102, ch. 416; June 9, 1952, 66 Stat. 129, ch. 373, § 3; Aug. 3, 1954, 68 Stat. 651, ch. 653, § 4; Mar. 3, 1979, D.C. Law 2-139, § 3205(vv), 25 DCR 5740; Apr. 4, 2003, D.C. Law 14-282, § 8, 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-904.
1973 Ed., § 45-703.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 9 of the Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, Oct. 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) repeal of section, see § 9 of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Emergency Legislation
For temporary (90 day) amendment of section, see § 9 of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) repeal of section, see § 9 of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) repeal of section, see § 9 of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1205. Vacancy in Office of Recorder; Deputy to fill vacancy. [Repealed]

§ 42–1205. Vacancy in Office of Recorder; Deputy to fill vacancy. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1276, ch. 854, § 550; Apr. 24, 1926, 44 Stat. 322, ch. 176, § 2; Apr. 4, 2003, D.C. Law 14-282, § 7(b), 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-905.
1973 Ed., § 45-704.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1206. Public records to be open for free, public inspection

§ 42–1206. Public records to be open for free, public inspection.
All public records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the Recorder of Deeds or in some other public office in the District of Columbia, shall be open to the public for inspection free of charge.
(Mar. 3, 1901, 31 Stat. 1277, ch. 854, § 556.)
Prior Codifications
1981 Ed., § 45-906.
1973 Ed., § 45-705.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1208. Purchase of typewriting machines; preference for typewritten records

§ 42–1208. Purchase of typewriting machines; preference for typewritten records.
(a) The Recorder of Deeds is authorized and empowered to purchase and use in his office, for the recording of deeds and other instruments of writing required by law to be recorded in said office, typewriting machines, to be paid for as appropriations may be made from time to time; and all deeds and other instruments of writing entitled by law to be recorded in said office which shall be recorded by typewriting machines are hereby declared to be legally recorded.
(b) The recording of all instruments filed for record in the Office of the Recorder of Deeds shall be done with book typewriter, except in those cases where, on account of the character of the work, the use of a pen shall be found by the Recorder to be necessary.
(Mar. 3, 1901, 31 Stat. 1276, ch. 854, § 551; June 27, 1906, 34 Stat. 489, ch. 3553.)
Prior Codifications
1981 Ed., § 45-907.
1973 Ed., § 45-706.
Editor's Notes
Installation and operation of automated system: Section 4 of D.C. Law 11-257 provided that upon installation and operation of an automated system, this section shall no longer apply.
Installation and operation of automated system: Section 4 of D.C. Law 11-257 provided that upon installation and operation of an automated system pursuant to § 42-1214(b), this section shall no longer apply.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1209. Certain records to be recopied for preservation; limitation on expense

§ 42–1209. Certain records to be recopied for preservation; limitation on expense.
That the Recorder of Deeds of the District of Columbia shall recopy such of the records in his office as may, in his judgment and that of a judge of the Superior Court of the District of Columbia appointed for that purpose, need recopying in order to preserve the originals from destruction. The expense of such recopying may not in any fiscal year exceed $1,000 and such expense shall be certified by a judge of the Superior Court appointed for that purpose and audited by the General Accounting Office.
(Feb. 26, 1907, 34 Stat. 994, ch. 1636; June 10, 1921, 42 Stat. 24, ch. 18, § 304; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 573, Pub. L. 91-358, title I, § 155(d).)
Prior Codifications
1981 Ed., § 45-908.
1973 Ed., § 45-707.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1211. Surcharges

§ 42–1211. Surcharges.
(a) Notwithstanding any other provision of law, a surcharge of $5 per document shall be paid before any document is accepted for recordation at the Recorder of Deeds.
(b) In addition to the funds collected pursuant to subsection (a) of this section, the Recorder of Deeds may accept monetary and non-monetary donations.
(c) Repealed.
(Mar. 3, 1901, 31 Stat. 1276, ch. 854, § 552a; as added Apr. 12, 1997, D.C. Law 11-257, § 2, 44 DCR 1247; Oct. 3, 2001, D.C. Law 14-28, § 2402, 48 DCR 6981; Aug. 16, 2008, D.C. Law 17-219, § 2017, 55 DCR 7598.)
Prior Codifications
1981 Ed., § 45-909.1.
Section References
This section is referenced in § 42-1214.
Effect of Amendments
D.C. Law 14-28 rewrote subsec. (c) which had read as follows: “(c) The $5 surcharge established pursuant to subsection (a) of this section shall remain in effect for a 5-year period beginning from April 12, 1997.”
D.C. Law 17-219 repealed subsec. (c), which had read as follows: “(c) The $5 surcharge established under subsection (a) of this section shall remain in effect for a 10-year period beginning from April 12, 1997.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2202 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Short Title
Short title: Section 2016 of D.C. Law 17-219 provided that subtitle G of title II of the act may be cited as the “Recorder of Deeds Recordation Surcharge Amendment Act of 2008”.
Editor's Notes
Section 2018 of D.C. Law 17-219 provided that this subtitle shall apply as of April 11, 2007.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1212. Fees and emoluments of Recorder of Deeds deposited with Collector of Taxes

§ 42–1212. Fees and emoluments of Recorder of Deeds deposited with Collector of Taxes.
All of the fees and emoluments of the Office of Recorder of Deeds of the District of Columbia shall be paid at least weekly to the Collector of Taxes for the District of Columbia for deposit in the Treasury of the United States to the credit of the District of Columbia.
(Apr. 24, 1926, 44 Stat. 322, ch. 176, § 1.)
Prior Codifications
1981 Ed., § 45-910.
1973 Ed., § 45-709.
Section References
This section is referenced in § 42-1214.
Editor's Notes
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office (consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IV-C of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IV-C of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner’s Order No. 69-96, dated March 7, 1969.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1213. Maintenance of office to be included in estimate of District appropriations; appropriations for building, equipment, and supplies authorized

§ 42–1213. Maintenance of office to be included in estimate of District appropriations; appropriations for building, equipment, and supplies authorized.
The annual estimates of appropriations for the government of the District of Columbia shall include estimates of appropriations for the operation and maintenance of the Office of the Recorder of Deeds. And appropriations are hereby authorized for a suitable record building for the Office of the Recorder of Deeds, and for personal services, rentals, office equipment, office supplies, and such other expenditures as are essential for the efficient maintenance and conduct of such office.
(Apr. 24, 1926, 44 Stat. 322, ch. 176, § 2.)
Prior Codifications
1981 Ed., § 45-911.
1973 Ed., § 45-710.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1215. Recordation of service and discharge certificates; certified copies thereof; recordation of notice or other document relating to federal tax liens; fees

§ 42–1215. Recordation of service and discharge certificates; certified copies thereof; recordation of notice or other document relating to federal tax liens; fees.
(a) The Recorder shall also receive for record and record all certificates of service and certificates of discharge of persons released from active duty in or discharge from the armed forces of the United States, for which no fee shall be charged or collected, but the record of any certificate authorized by this section to be recorded shall not constitute constructive notice of the existence or contents of such certificate. For making certified copies of any of the foregoing certificates from the records in the Office of the Recorder the usual fees shall be charged.
(b) The Recorder of Deeds shall accept for filing any notice of federal tax lien or any other document affecting such a lien if such notice or document is in the form prescribed by the Secretary of the Treasury or his delegate and could be filed with the Clerk of the United States District Court for the District of Columbia. The fee for each such filing with the Recorder of Deeds shall be the same as the fee charged by the Recorder of Deeds for filing a similar document for a private person. The Recorder of Deeds shall bill the District Director of Internal Revenue on a monthly basis for fees for documents filed by such District Director. Any document releasing or affecting any notice of federal tax lien which has been filed with the Clerk of the United States District Court for the District of Columbia prior to the effective date of this subsection shall be filed with such Clerk.
(Mar. 3, 1901, ch. 854, § 548a; Apr. 27, 1945, 59 Stat. 100, ch. 101; July 5, 1966, 80 Stat. 266, Pub. L. 89-493, § 17(b).)
Prior Codifications
1981 Ed., § 45-912.
1973 Ed., § 45-711.
References in Text
The phrase “effective date of this subsection,” near the end of subsection (b), refers to the effective date of the Act of July 5, 1966, and § 21 of that Act provided that the Act would take effect on the first day of the first month which was at least 90 days after July 5, 1966.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1216. Office closed on Saturdays

§ 42–1216. Office closed on Saturdays.
Notwithstanding the provisions of any other act, the Office of the Recorder of Deeds for the District of Columbia shall be closed on every Saturday.
(Aug. 2, 1946, 60 Stat. 860, ch. 758, § 1.)
Prior Codifications
1981 Ed., § 45-913.
1973 Ed., § 45-712.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1217. Extension of time for recordation; Saturday, Sunday, and legal holidays

§ 42–1217. Extension of time for recordation; Saturday, Sunday, and legal holidays.
Any writing, the time for recording of which expires on a Saturday, or on a Sunday, shall be deemed to have been recorded within the time prescribed if such writing be recorded on the first day thereafter other than Sunday or a legal holiday.
(Aug. 2, 1946, 60 Stat. 861, ch. 758, § 2.)
Prior Codifications
1981 Ed., § 45-914.
1973 Ed., § 45-713.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12 - Recorder of Deeds › § 42–1218. Authority of Mayor to adjust fees; computation of rates; exception

§ 42–1218. Authority of Mayor to adjust fees; computation of rates; exception.
(a) Notwithstanding the provisions of §§ 42-1210, 50-1212, and 50-1213, or any other act of Congress, the Mayor of the District of Columbia may, from time to time, increase or decrease the fees authorized to be charged for filing, recording, and indexing or for making a certified copy of any instrument; for searching records; for taking acknowledgments; for recording plats; for filing affidavits; for filing certificates of incorporation and amendments of certificates; for recording liens, assignments of liens, or releases of liens on motor vehicles or trailers; or for any other service rendered by the Office of the Recorder of Deeds.
(b) The fees for services rendered by the Office of the Recorder of Deeds shall be fixed at such rates, computed on such bases and in such manner, as may, in the judgment of the Mayor, be necessary to defray the approximate cost of operating the Office of the Recorder of Deeds.
(c) Nothing in this section shall be construed as authorizing the Mayor to modify any provision of Chapters 1, 2, and 3 of Title 29.
(Aug. 3, 1954, 68 Stat. 650, ch. 653, § 1; July 2, 2011, D.C. Law 18-378, § 3(ff), 58 DCR 1720.)
Prior Codifications
1981 Ed., § 45-915.
1973 Ed., § 45-714.
Effect of Amendments
D.C. Law 18-378, in subsec. (c), substituted “Chapters 1, 2, and 3 of Title 29” for “Chapter 1 of Title 29”.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12A - Uniform Real Property Electronic Recording › § 42–1231. Definitions

§ 42–1231. Definitions.
For the purposes of this chapter, the term:
(1) “Digitized image” means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable.
(2) “Document” means information that is:
(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B) Eligible to be recorded in the land records maintained by the Recorder of Deeds.
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) “Electronic document” means a document that is received by the Recorder of Deeds in an electronic form.
(5) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(6) “Paper document” means a document that is received by the Recorder of Deeds in a form that is not electronic.
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(Oct. 18, 2005, D.C. Law 16-25, § 2, 52 DCR 8084.)
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Real Property Electronic Recording Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12A - Uniform Real Property Electronic Recording › § 42–1232. Validity of electronic documents and digitized images

§ 42–1232. Validity of electronic documents and digitized images.
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document or digitized image that satisfies this chapter satisfies the law.
(b) If a law requires, as a condition for recording, that a document be signed, an electronic signature or digitized image of a wet signature on a paper document satisfies the law.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature.
(Oct. 18, 2005, D.C. Law 16-25, § 3, 52 DCR 8084.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Real Property Electronic Recording Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12A - Uniform Real Property Electronic Recording › § 42–1233. Recording of documents

§ 42–1233. Recording of documents.
(a) The Recorder of Deeds may receive, index, store, archive, and transmit electronic documents or digitized images.
(b) The Recorder of Deeds may provide for access to, and for search and retrieval of, documents and information by electronic means.
(c) The Recorder of Deeds, in addition to accepting electronic documents or digitized images for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index.
(d) The Recorder of Deeds may convert paper documents accepted for recording into electronic form. The Recorder of Deeds may convert into electronic form information recorded before the Recorder of Deeds began to record electronic documents.
(e) Any fee, surcharge, or tax that the Recorder of Deeds is authorized to collect may be collected electronically.
(f) The Recorder of Deeds and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
(g) Any electronic documents or digitized images accepted by the Recorder of Deeds prior to October 18, 2005, are deemed to be recorded properly and to impart constructive notice.
(h) Any electronic document or digitized image recorded at the Recorder of Deeds shall be deemed recorded as of the date and time of its delivery to the Recorder of Deeds; provided, that the document or digitized image is accepted by the Recorder of Deeds for recordation. The Recorder of Deeds shall maintain a record of time and date of delivery in its index.
(Oct. 18, 2005, D.C. Law 16-25, § 4, 52 DCR 8084.)
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Real Property Electronic Recording Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12A - Uniform Real Property Electronic Recording › § 42–1234. Uniformity of application and construction

§ 42–1234. Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Oct. 18, 2005, D.C. Law 16-25, § 5, 52 DCR 8084.)
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Real Property Electronic Recording Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 12A - Uniform Real Property Electronic Recording › § 42–1235. Relation to electronic signatures in Global and National Commerce Act

§ 42–1235. Relation to electronic signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) or section 104 of the Act, or authorize electronic delivery of any of the notices described in 103(b) of the Act. The provisions of this chapter shall be liberally construed as remedial legislation to encourage the use and recording of electronic documents affecting real property in the District of Columbia.
(Oct. 18, 2005, D.C. Law 16-25, § 6, 52 DCR 8084.)
References in Text
Section 101(c) or section 104 of the Act, referred to in text, is classified to 15 U.S.C. § 7001(c) and 15 U.S.C. § 7004. Section 103(b), referred to in text, is classified to 15 U.S.C. § 7003(b).
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Real Property Electronic Recording Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 13 - Residential Real Property Seller Disclosures › § 42–1301. Applicability and exceptions

§ 42–1301. Applicability and exceptions.
(a)(1) The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase.
(2) This chapter shall apply only where the purchaser expresses, in writing, an intent to reside in the property to be transferred.
(b) The provisions of this chapter shall not apply to any of the following:
(1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;
(2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;
(3) Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;
(4) Transfers by a nonoccupant fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;
(5) Transfers from one cotenant to one or more other co-tenants;
(6) Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling or any combination of the foregoing;
(7) Transfers between spouses or domestic partners resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;
(8) Transfers or exchanges to or from any governmental entity; and
(9) Transfers made by a person of newly constructed residential property that has not been inhabited.
(c) For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(Apr. 20, 1999, D.C. Law 12-263, § 2, 46 DCR 2111; Sept. 12, 2008, D.C. Law 17-231, § 35, 55 DCR 6758.)
Prior Codifications
1981 Ed., § 45-951.
Section References
This section is referenced in § 42-1302.
Effect of Amendments
D.C. Law 17-231, in subsec. (b)(6), substituted “spouse, domestic partner” for “spouse”; in subsec. (b)(7), substituted “spouses or domestic partners” for “spouses”; and added subsec. (c).