§ 9–202.09. Approval subject to contingencies; relocation assistance.

(a) The Council may make the approval of a closing of all or part of a street or alley contingent upon any or all of the following:

(1) The dedication of any other land for street or alley purposes;

(2) The granting to the District of specific easements for public purposes; or

(3) Any other condition that the Council considers necessary.

(b)(1) If the closing of all or part of a street or alley is associated with the demolition, substantial rehabilitation, or discontinuance of an existing building and results in the displacement of existing retail tenants, then the applicant shall certify to the District, prior to the issuance of a building permit for the development facilitated by the alley closing, that the applicant has either:

(A) Offered each eligible retail tenant a preferential opportunity to return to the new or rehabilitated building upon completion; or

(B) Provided each eligible retail tenant a relocation payment, the amount of which shall be calculated by multiplying the assessed value of the existing building by the proportion of square footage within the building that was occupied by the retail tenant, but in no event shall this relocation payment be required to exceed $25,000.

(2) If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant accepts the offer, then the applicant shall not be required to provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant declines or does not respond to the offer, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant chooses not to offer the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection.

(3) The preferential opportunity to return referred to in subparagraph (1)(A) of this subsection includes at least a written offer to return to space to be leased in the new or rehabilitated building upon completion.

(4) The relocation assistance required by this section referred to in paragraph (1) of this subsection shall be designed for the benefit of eligible retail tenants who are displaced by a development associated with a street or alley closing, and both the eligible retail tenants and the Corporation Counsel, on behalf of the District of Columbia, shall have the right to sue in the Superior Court of the District of Columbia to enforce the relocation assistance required by this section. A copy of the relocation assistance required by this section shall be sent by the applicant to all retail tenants who may be displaced by a development associated with the application, and the applicant shall use best efforts to notify retail tenants of the relocation assistance required by this section.

(5) Prior to consideration by a committee of the Council of an application to close all or part of a street or alley, the Mayor shall provide the Council with information regarding:

(A) The effect of the street or alley closing upon any existing retail tenants in buildings associated with the street or alley closing; and

(B) The assessed value of the street or alley to be closed and the assessed values of land and of buildings associated with the street or alley closing.

(1) Shall be a nonresidential tenant offering goods or nonprofessional services;

(2) Shall have been a tenant of the existing building for a minimum of 3 years prior to the date of introduction of proposed legislation to close all or a part of a street or alley associated with the demolition, substantial rehabilitation, or discontinuance of the existing building;

(3) Shall have had an annual gross revenue, from all business locations within the District of Columbia, that totaled not more than $5,000,000 in the year preceding the date of displacement;

(4) Shall not have an ownership interest in the property to be developed; and

(5) Shall relocate within the District of Columbia.

(d) A retail tenant shall refund any relocation payment provided under this section if the retail tenant relocates outside the District of Columbia within a period of 3 years.

(e) The provisions of subsections (b) and (c) of this section shall not apply to applications by the Washington Metropolitan Area Transit Authority for closing all or part of a street or alley for the sole purpose of construction of transit facilities.

(f) An applicant who obtains a street or alley closing or a zoning density increase and who is required to construct or rehabilitate affordable housing pursuant to section 308b of the Comprehensive Plan (10 DCMR) [10 DCMR § 308b] shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to the District either that a building permit has been issued for the required amount of affordable housing, or that the applicant has contributed sufficient funds to a housing provider to construct or rehabilitate the required amount of affordable housing.

(Mar. 10, 1983, D.C. Law 4-201, § 209, 30 DCR 148; Aug. 7, 1986, D.C. Law 6-133, § 2, 33 DCR 3625; Oct. 6, 1994, D.C. Law 10-193, § 3(c), 41 DCR 5536; Apr. 27, 1999, D.C. Law 12-275, § 4, 46 DCR 1441.)

Prior Codifications

1981 Ed., § 7-429.

Section References

This section is referenced in § 9-202.12.

References in Text

Section 308b of the Comprehensive Plan (10 DCMR) referred to in (f) is codified as § 308b of Title 10 of the D.C. Municipal Regulations.

Effective Dates

Section 4(b) of D.C. Law 10-193 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.

Section 7(b) of D.C. Law 12-275 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.