2018 District of Columbia Code
Title 42 - Real Property.
Chapter 21 - Homestead Housing Preservation.
§ 42–2104. Homestead Housing Preservation Program and Homestead Program Administration established.

Universal Citation: DC Code § 42–2104 (2018)

(a) There is established a Homestead Housing Preservation Program (“Program”), to be administered by the Mayor, the purpose of which is to provide a program under which title to property acquired by the District pursuant to §§ 47-847 and 47-1303, or through District-initiated foreclosure, donation, or purchase, may be transferred to organizations or individuals meeting the criteria established in §§ 42-2106 to 42-2108 and any rules promulgated pursuant to this chapter. The Program shall not include owner-occupied, single-family dwellings.

(b) The Program established under this chapter shall be administered by the Mayor through the Homestead Program Administration.

(c) Within 90 days after August 9, 1986, the Administrator shall develop and transmit to the Council for consideration in accordance with this subsection rules to carry out the purposes of this chapter. At a minimum, the rules shall establish procedures for administering the Program, define terms not otherwise defined in this chapter, and formulate standards consistent with this chapter for participation in the Program. Simultaneous with transmittal of the rules, the Administrator shall transmit to the Council for approval under this section an administrative plan for the Program which shall contain, at minimum, the following information:

(1) A current list of all buildings that qualify for inclusion in the Program; a statement of the address, ward location, and condition of each building; and a discussion of the suitability of each building for transfer to homesteaders;

(2) Notice provisions for owners of property to be included in the Program and samples of any notice that will be sent to owners of property to be included in the Program prior to the property becoming available for purchase by individuals or organizations under the Program;

(3) An explanation of any changes in existing notices to property owners necessitated by this chapter;

(4) A current dollar statement of family income limits for the Program;

(5) A sample Request for Proposals (“RFP”) for buildings that are to be included in the Program;

(6) A sample RFP for the Technical Training Program described in § 42-2109;

(7) A sample of the abatement agreement or agreements that will be used in the Program; and

(8) Samples of all loan application forms that will be used in the Program.

(d) All rules issued pursuant to this chapter and the administrative plan required by subsection (c) of this section shall be transmitted to the Council for a 45-day review period, excluding Saturdays, Sundays, legal holidays, and days when the Council is in recess. The Council may adopt a resolution disapproving the rules or administrative plan, in whole or part, within the 45-day review period. If the Council, by resolution, does not approve or disapprove the rules or administrative plan before the expiration of the 45-day review period, the rules or administrative plan shall become effective at the expiration of the 45-day review period.

(e) Repealed.

(Aug. 9, 1986, D.C. Law 6-135, § 5, 33 DCR 3771; Feb. 24, 1987, D.C. Law 6-192, § 5(b), 33 DCR 7836; Apr. 3, 2001, D.C. Law 13-226, § 3(c), 48 DCR 1603; Apr. 19, 2002, D.C. Law 14-114, § 801(c), 49 DCR 1468; June 12, 2003, D.C. Law 14-310, § 14(a), 50 DCR 1092.)

Prior Codifications

1981 Ed., § 45-2704.

Section References

This section is referenced in § 42-2103, § 42-2106, § 42-2107, and § 42-2111.

Effect of Amendments

D.C. Law 13-226, in subsec. (a), substituted “§ 47-847 and 47-1303” for “§ 47-847”.

D.C. Law 14-114, in subsec. (a), substituted “, to be administered by the Mayor” for “for the District” and substituted “or through District-initiated foreclosure, donation, or purchase, may be transferred” for “may be transferred”; in subsec. (b), substituted “Mayor through” for “Administrator of”; and repealed subsec. (e) which, prior to repeal, read:

“(e) There is hereby established within the District of Columbia Department of Housing and Community Development, a Homestead Program Administration, to be headed by an Administrator, to be appointed by the Mayor with the advice and consent of the Council. In nominating the Administrator, the Mayor shall give preference to a person who has demonstrated administrative experience with a homesteading program.”

D.C. Law 14-310, in subsec. (a), validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(c) and 6(b) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-524, January 5, 2001, 48 DCR 624).

Editor's Notes

Approval of amendments to rules for real property taxes: Pursuant to Resolution 7-72, the “Homestead Housing Tax Sale Amendment Approval Resolution of 1987,” effective June 2, 1987, the Council approved proposed amendments to Chapter 3, Title 9 DCMR, rules for real property taxes which were transmitted to Council by the District of Columbia Homestead Program Administration, Department of Housing and Community Development.

Approval, in part, and disapproval, in part, of proposed rules and administrative plan: Pursuant to Resolution 7-97, the “Homestead Housing Program Approval and Disapproval Resolution of 1987,” effective July 14, 1987, the Council, approved, in part, and disapproved, in part, the proposed rules and administrative plan for the Homestead Housing Preservation Program.

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