§ 42–2106. Program guidelines.

(a) Proposals for large multi-family dwellings shall be considered only in accordance with the following rules of priority:

(1) A proposal from a qualified tenant association shall be considered first.

(2) If there is no proposal from a qualified tenant association or if the proposal does not meet criteria set forth in the RFP and rules promulgated pursuant to this chapter, proposals from condominium and cooperative housing associations shall be considered next.

(3) If there are no proposals from condominium and cooperative housing associations or if the proposals do not meet criteria set forth in the RFP and rules promulgated pursuant to this chapter, proposals from nonprofit developers, and for-profit developers who agree to make 100% of the units affordable to low- and moderate-income persons with no less than 50% of the units affordable to low-income persons, for the development of condominium and cooperative housing opportunities shall be considered next.

(4) If there are no proposals for the development of condominium or cooperative housing, proposals for the development of rental housing for low-income persons shall be considered next.

(b) Except in the case of rental buildings, the proprietary interests in properties sold through the Program shall be allocated as follows:

(1) No less than 25% of the proprietary interests in large multi-family dwellings shall be transferred to low- or moderate-income households.

(2) No less than 15% of the proprietary interests in large multi-family dwellings shall be transferred to low-income households.

(3) No less than 50% of the dwelling units and proprietary interests in large multi-family, small multi-family, and single-family properties each year shall be transferred to low- or moderate-income families.

(c) Proposals for single-family and small multi-family dwellings may be considered in accordance with standards developed by the Mayor and approved by the Council pursuant to § 42-2104. To the extent financially feasible, priority shall be given to purchasers who are low- or moderate-income persons.

(d) Proposals for commercial property shall be considered on a competitive basis in accordance with the following rules of priority:

(1) A proposal from a tenant or tenant association which demonstrates the ability to obtain financing shall be considered first.

(2) If there is no proposal from a qualified tenant or tenant association, or if the proposal does not meet criteria set forth in the RFP and rules promulgated pursuant to this chapter, proposals from condominium or cooperative associations and nonprofit developers which demonstrate the ability to obtain financing shall be considered next.

(3) If there is no proposal from a condominium or cooperative association or nonprofit developer, or if the proposal does not meet criteria set forth in the RFP and rules promulgated pursuant to this chapter, proposals from proprietary developers shall be considered next.

(Aug. 9, 1986, D.C. Law 6-135, § 7, 33 DCR 3771; Feb. 24, 1987, D.C. Law 6-192, § 5(d), 33 DCR 7836; June 11, 1999, D.C. Law 13-11, § 2(d), 46 DCR 5487; Apr. 19, 2002, D.C. Law 14-114, § 801(f), 49 DCR 1468; Dec. 11, 2007, D.C. Law 17-57, § 2, 54 DCR 10712.)

Prior Codifications

1981 Ed., § 45-2706.

Section References

This section is referenced in § 42-2104.

Effect of Amendments

D.C. Law 13-11 in subsec. (a)(2) struck the phrase “cooperative housing associations” and inserted the phrase “condominium and cooperative housing associations” in its place; in subsec. (a) (3) struck the phrase “cooperative housing” and inserting the phrase “condominium and cooperative housing” wherever it appears; and added new subsection (d).

D.C. Law 14-114, added subsec. (a)(4); rewrote subsec. (b); and in subsec. (c), substituted “Mayor” for “Administrator”. Subsec. (b) had read as follows:

“(b) At least 25% of the proprietary interests in large multi-family dwellings in the Program shall be transferred to low-or moderate-income persons. No less than 15% of the proprietary interests in large multi-family dwellings in the Program shall be transferred to low-income persons. At least 50% of the total dwelling units and proprietary interests in the Program shall be transferred to low-or moderate-income persons.”

D.C. Law 17-57, in subsec. (a)(3), substituted “nonprofit developers, and for-profit developers who agree to make 100% of the units affordable to low- and moderate-income persons with no less than 50% of the units affordable to low-income persons,” for “nonprofit developers”.

Emergency Legislation

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