§ 47-1084. Affordable Housing Opportunities, Inc. residential rental project; Lot 800, Square 5984, and Lot 916, Square 5730.

Current through October 23, 2012

(a) The real properties described as Lot 800, Square 5984, and Lot 916, Square 5730, owned by Affordable Housing Opportunities, Inc., or by an entity controlled, directly or indirectly, by Affordable Housing Opportunities, Inc., shall be exempt from real property taxation so long as the real properties continue to be owned by Affordable Housing Opportunities, Inc., or by an entity controlled, directly or indirectly, by Affordable Housing Opportunities, Inc., or continue to be under applicable use restrictions during a federal low-income housing tax credit compliance period, and not used for commercial purposes, subject to the provisions of §§ 47-1005, 47-1007, and 47-1009.

(b) The conveyance of any of the properties described in subsection (a) of this section to Affordable housing Opportunities, Inc. or an entity controlled, directly or indirectly, by it shall be exempt from the tax imposed by Chapter 11 of Title 42 of the District of Columbia Official Code, and the transfer of any of the properties described in subsection (a) of this section by Affordable Housing Opportunities, Inc., or an entity controlled, directly or indirectly, by it shall be exempt from the tax imposed by Chapter 9 of this title.

(c) All recordation and transfer taxes, interest, penalties, fees, and other related charges assessed against Affordable Housing Opportunities, Inc. , or SOME, Inc. or an entity controlled, directly or indirectly, by Affordable Housing Opportunities, Inc. or SOME, Inc. with respect to real property located at Lot 800, Square 5984, or Lot 916, Square 5730, or any of the properties described in § 47-1078(a)(2), for any conveyance or transfer prior to the effective date of the SOME, Inc. and Affiliates Transfer and Recordation Exemption and Equitable Tax Relief Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226), shall be forgiven, and any payments already made shall be refunded.

                
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(Mar. 23, 2010, D.C. Law 18-129, § 2(b), 57 DCR 1189; Sept. 14, 2011, D.C. Law 19-21, § 7092(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 114(e), 59 DCR 6190.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 19-21 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

D.C. Law 19-171, in subsec. (b), substituted "this title" for "Title 47 of this District of Columbia Official Code"; and, in subsec. (c), substituted "the effective date of the SOME, Inc. and Affiliates Transfer and Recordation Exemption and Equitable Tax Relief Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226" for "the effective date of this subtitle".

Temporary Addition of Section

Section 2(b) of D.C. Law 19-72 added a section to read as follows:

"§ 47-1087. Meridian Public Charter School--Harrison Campus Property; Lot 814, Square 235.

"(a) The real property located at 2120 13th Street, N.W., Washington, D.C., and described as Lot 814 in Square 235, shall be exempt from real property taxation, including possessory interests, so long as the real property continues to be owned, or occupied under a ground lease, by Meridian Public Charter School or any subsidiary of Meridian Public Charter School.

"(b) Any transfer, assignment, or other disposition of all or any portion of the real property described in subsection (a) of this section, including an assignment of leasehold interest in the real property or a sublease of the real property, between Meridian Public Charter School and any subsidiary of Meridian Public Charter School, shall be exempt from the tax imposed by § 42-1103 and § 47-903.".

Section 4(b) of D.C. Law 19-72 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) repeal of section 4 of D.C. Law 18-129, see § 7004 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 2(b) of Meridian Public Charter School--Harrison Campus Property Tax Exemption Emergency Amendment Act of 2011 (D.C. Act 19-168, October 11, 2011, 58 DCR 8903).

Legislative History of Laws

Law 18-129, the "Affordable Housing Opportunities Residential Rental Project Property Tax Exemption and Equitable Real Property Tax Relief Act of 2010", was introduced in Council and assigned Bill No. 18-281, which was referred to the Committee on Finance and Revenue. The bill was adopted on first and second readings on December 15, 2009, and January 5, 2010, respectively. Approved without signature by the Mayor on January 25, 2010, it was assigned Act No. 18- 291 and transmitted to both Houses of Congress for its review. D.C. Law 18-129 became effective on March 23, 2010.

For history of Law 19-21, see notes under § 47-305.02.

For history of Law 19-171, see notes under § 47-369.01.

Miscellaneous Notes

Section 4 of D.C. Law 18-129 provides:

"Sec. 4. Applicability.

"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."

Section 7004 of D.C. Law 18-223 repealed section 4 of D.C. Law 18-129.