§ 42–2103. Definitions.

For the purposes of this chapter, the term:

(1) Repealed.

(1A) “Commercial property” means income producing property as identified under zoning classifications, that would allow for such uses as office buildings, retail stores, restaurants, and service facilities pursuant to Chapter 7 of Title 11 of the District of Columbia Municipal Regulations (July 1995).

(1B) “Community service” means reasonable and needed services to District residents for at least 10 years. Examples of reasonable and needed services include, but are not limited to, providing free food and clothing to the community; providing free shelter to the homeless on a temporary or long term basis; providing low or no-cost educational programs; providing vocational training programs for District residents with mental or physical disabilities; or providing housing for transition programs for District residents with mental or physical disabilities.

(1C) “Condominium or unit owners association” means an association of owners of individual units organized and incorporated in accordance with Chapter 9 of Title 29, for the purposes of the self-government of the condominium in accordance with subchapter III of Chapter 19 of this title.

(2) “Cooperative housing association” means an association that is incorporated in accordance with Chapter 9 of Title 29, and organized for the purpose of owning and operating residential real property in the District of Columbia (“District”), the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease, or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement. To qualify for participation in the Program established pursuant to § 42-2104, a cooperative housing association must be organized for the purpose of providing homeownership opportunities for low-or moderate-income persons.

(3) “Dwelling unit” means any room or group of rooms forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals, and that is located within a building that is wholly or partially used or intended to be used for living and sleeping by human occupants.

(3A) “Homesteader (Commercial)” means a nonprofit organization or developer entitled to purchase both commercial and multi-family residential property included in the program established under § 42-2104 in exchange for providing community service to the District and maintaining ownership of that property for at least 10 years under terms of an abatement agreement entered into between the Mayor and the nonprofit organization or developer.

(4) “Homesteader (Residential) means an individual or an organization representing an individual who purchases a dwelling unit through the Program and enters into an abatement agreement.

(5) “Low-income persons” means persons or families whose annual household income as determined by the Administrator does not exceed the limits for lower income families established by the Mayor for use in connection with the Tenant Assistance Program established pursuant to subchapter III of Chapter 35 of this title.

(6) “Mayor” means the Mayor of the District.

(7) “Moderate-income persons” means persons or families whose annual household income as determined by the Administrator does not exceed 120% of the lower income guidelines established pursuant to 42 U.S.C. § 1437f, for the Washington Standard Metropolitan Statistical Area (“SMSA”), as the median is determined by the United States Department of Housing and Urban Development and adjusted yearly by historic trends of that median, and as may be further adjusted by an interim census of District incomes by local or regional government agencies.

(8) “Large multi-family dwelling” means a building containing 5 or more dwelling units each with access to the outside directly or through a common stairway or hallway.

(9) “Nonprofit developer” means a corporation that has been approved by the Internal Revenue Service as exempt from federal income tax under 26 U.S.C. § 501(c)(3), and that is organized for the purpose of developing housing for low-or moderate-income persons.

(10) “Single-family dwelling” means a building containing 1 dwelling unit.

(11) “Small multi-family dwelling” means a building containing 2 to 4 dwelling units each with access to the outside directly or through a common stairway or hallway.

(12) “Tenant association” means a condominium or cooperative housing association that represents a minimum of 51% of the households in a building, as determined by rules established by the Administrator.

(Aug. 9, 1986, D.C. Law 6-135, § 4, 33 DCR 3771; Feb. 24, 1987, D.C. Law 6-192, § 5(a), 33 DCR 7836; June 11, 1999, D.C. Law 13-11, § 2(b), 46 DCR 5487; Apr. 19, 2002, D.C. Law 14-114, § 801(b), 49 DCR 1468; Apr. 24, 2007, D.C. Law 16-305, § 60(a), 53 DCR 6198; July 2, 2011, D.C. Law 18-378,§ 3(hh), 58 DCR 1720.)

Prior Codifications

1981 Ed., § 45-2703.

Effect of Amendments

D.C. Law 13-11 added new paragraphs (1A), (1B), (1C), and (3A); in Paragraph (4) struck the word “Homesteader” and inserted the phrase “Homesteader (Residential)” in its place; and in Paragraph (12) struck the phrase “cooperative housing association” and inserted the phrase “condominium or cooperative housing association” in its place.

D.C. Law 14-114, repealed par. (1); in par. (3A), substituted “Mayor” for “Administrator”, and rewrote par. (4). Prior to repeal and amendment, pars. (1) and (4) read, respectively, as follows:

“(1) ‘Administrator’ means the Administrator of the Homestead Program Administration.”

“(4) ‘Homesteader (Residential)’ means an individual or an organization representing an individual who is entitled to occupy a dwelling unit in a building that is included in the Program established under § 42-2104 and who is occupying or will occupy the dwelling unit under an abatement agreement entered into between the Administrator and the individual or organization.”

D.C. Law 16-305, in par. (1B), substituted “disabilities” for “handicaps”.

D.C. Law 18-378, in pars. (1C) and (2), validated previously made technical corrections.

Emergency Legislation

For temporary amendment of section, see § 2(b)-(d) of the Homestead Housing Preservation Emergency Amendment Act of 1998 (D.C. Act 12-556, January 12, 1999, 45 DCR 625).

For temporary (90-day) amendment of section, see § 2(b) of the Homestead Housing Preservation Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-62, May 10, 1999, 46 DCR 4454).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b), (c), (d) of Homestead Housing Preservation Temporary Amendment Act of 1998 (D.C. Law 12-245, April 20, 1999, law notification 46 DCR 4158).