Prior Codifications

1981 Ed., § 47-861.

1973 Ed., § 47-661.

Prior Codifications

1981 Ed., § 47-862.

1973 Ed., § 47-662.

Legislative History of Laws

For legislative history of D.C. Law 2-119, see Historical and Statutory Notes following § 47-824.

References in Text

Section 47-846 was repealed by § 3 of D.C. Law 4-128.

Prior Codifications

1981 Ed., § 47-863.

Effect of Amendments

D.C. Law 14-147 rewrote the section which had read as follows:

"(a) For the purposes of this section, the term:

"(1) 'Adjusted gross income' shall have the same meaning as defined in § 62 of the Internal Revenue Code.

"(2) 'Household adjusted gross income' means the adjusted gross income of all individuals residing in a household, excluding the adjusted gross income of any individual who is a tenant by virtue of a written lease.

"(b) All Class 1 Property owners 65 years of age or older whose annual household adjusted gross income is less than $100,000, shall be eligible for a 50% decrease in property tax liability.

"(c)(1) For the tax year beginning July 1, 1991, and ending June 30, 1992, the application for the tax relief provided under subsection (b) of this section shall be completed and filed by September 30, 1991.

"(2) An application filed by September 30, 1991, shall apply to the tax year beginning July 1, 1991, and ending June 30, 1992, and for succeeding tax years until the tax year for which quinquennial filing of the application is required pursuant to the regulations implementing the deduction authorized by subsection (b) of this section, provided that the property remains eligible for the tax relief.

"(3) If a residential real property owner who takes advantage of the extended filing period provided for in this section qualifies for the senior citizen's property tax relief provided for under subsection (b) of this section, the tax relief for the second half of the tax year beginning July 1, 1991, and ending June 30, 1992, shall be reflected in the second half tax bill which is due and payable by March 31, 1992.

"(4) The difference between the original first half tax bill that did not reflect the senior citizen's property tax relief and the first half tax actually due as a result of the senior citizen's property tax relief, will be refunded by January 15, 1992, if already paid when due by September 16, 1991.

"(5) No penalties or interest shall be owed by a taxpayer on the difference between the original tax bill that did not reflect the senior citizen's property tax relief and the tax due based on the tax relief.

"(d) A property owner who is otherwise eligible for property tax relief under this section shall not lose the eligibility by virtue of a transfer of the property into a revocable trust, so long as the transfer is without consideration, and the property owner continues to reside in the property before and after the transfer.

"(e) The Mayor shall issue rules necessary to implement the provisions of this section.

"(e-1)(1) For the tax year beginning July 1, 1992, and ending June 30, 1993, the application for the property tax relief provided for under subsection (b) of this section shall be properly completed and filed by September 15, 1992.

"(2) An application properly completed and filed by September 15, 1992, shall apply to the tax year beginning July 1, 1992, and ending June 30, 1993, and for succeeding tax years until the tax year for which quinquennial filing of the application is required pursuant to the regulations implementing the tax relief authorized by subsection (b) of this section, provided that the property remains eligible for the property tax relief.

"(3) If a residential real property owner properly completes and files an application by September 15, 1992, for the tax relief provided for under subsection (b) of this section, for the tax year beginning July 1, 1992, and ending June 30, 1993, then:

"(A) No adjustment shall be made to the first half tax bill which is due and payable by September 15, 1992;

"(B) The tax relief shall be reflected in the second half tax bill which is due and payable by March 31, 1993; and

"(C) No penalties or interest shall be owed by a taxpayer on the difference between the first half tax bill that did not reflect the tax relief and the total liability due on March 31, 1993.

"(e-2) If a Class 1 Property owner who obtained the tax relief provided under subsection (b) of this section for the tax year beginning July 1, 1991, and ending June 30, 1992, becomes ineligible for the tax relief for the tax year beginning July 1, 1992 and ending June 30, 1993, then:

"(A) No adjustment shall be made to the first half tax bill which is due and payable September 15, 1992.

"(B) Any adjustments that shall be required as a result of the property owner's ineligibility, shall be reflected in the second half tax bill which is due and payable by March 31, 1993.

"(C) No penalties or interest shall be owed by a taxpayer on the difference between the first half tax bill that reflected eligibility for the tax relief and the total tax liability due after the property owner becomes ineligible.

"(f) Effective October 1, 1993, and for each tax year thereafter, the Mayor, upon written request by the owner of eligible real property, may grant a reasonable extension of time for filing the application for the senior citizen property tax relief required to be filed pursuant to rules promulgated to implement the provisions of this section, when in the Mayor's judgment good cause exists for the extension. Any written request for an extension of the filing deadline for the senior citizen property tax relief shall only be considered for the tax year in which it is submitted. If an extension is granted, the property tax liability shall be adjusted in accordance with regulations prescribed by the Mayor.

"(g)(1) Effective October 1, 1994, and for each tax year thereafter, any residential real property which is eligible for the senior citizen property tax relief shall receive the tax relief as of the first full month following the date on which a properly completed application has been filed. The senior citizen property tax relief shall be prorated on a monthly basis. Real property is eligible for the senior citizen property tax relief if it meets the requirements set forth in subsection (b) of this section and a properly completed application is filed with the Mayor. The Mayor may prorate the senior citizen property tax relief retroactively to the date the property became eligible for the deduction when in the Mayor's judgment good cause exists to do so. The tax relief shall be retroactively applied only within the current real property tax year. The real property shall continue to receive the tax relief until the next quinquennial filing period, provided the property remains eligible to receive the tax relief.

"(2) Effective October 1, 1994, and for each tax year thereafter, when real property which received the senior citizen property tax relief provided for in this section becomes ineligible for the tax relief, the owner of the real property shall notify the Mayor (in a manner and at a time as the Mayor may prescribe by regulation) of the real property's ineligibility. The Mayor shall terminate the senior citizen property tax relief effective as of the first full month following the date the property became ineligible for the tax relief."

D.C. Law 14-282 rewrote subsecs. (b)(1)(B) and (b)(2)(A) which had read as follows:

"(B) If a homestead deduction under § 47-850 is allowed, the deduction as provided in this paragraph shall be computed by multiplying 50% by an amount equal to the estimated market value of the senior's household less the homestead deduction under § 47-850."

"(2)(A) In the case of a cooperative housing association, the Mayor shall deduct from the estimated market value of the real property of the cooperative housing association an amount equal to 50% of the difference of the estimated market value of the senior's household and any homestead deduction under § 47- 850.01. The estimated market value of the senior's household shall be determined in the same manner as the cooperative housing association was assessed under § 47-820.01, including any prorations thereunder."

D.C. Law 15-105, in subsec. (b)(2)(A)(i), validated a previously made technical correction.

D.C. Law 14-307, in subsec. (b), validated a previously made technical amendment in par. (1)(B), substituted "§ 47-850.01; provided, that if a credit is received under § 47-864, 125% of the prior year's taxable assessment shall be deemed the estimated market value for purposes of this paragraph." for "§ 47-850.01." in sub-subpar. (2)(A)(i)(II); in subsec. (f)(1), deleted "decrease or" preceding "deduction"; and added subsec. (f-1).

D.C. Law 15-205, in subsec. (b), rewrote subpar. (B) of par. (1), and rewrote subpar. (A) of par. (2). Prior to amendment, subpar. (B) of par. (1) and subpar. (A) of par. (2) of subsec. (b) had read as follows:

"(B) If a deduction under § 47-850 is allowed, the deduction under this paragraph shall be computed by multiplying the tax rate by 50% of an amount equal to:

"(i) The estimated market value of the senior's household, less the deduction under § 47-850; or

"(ii) If a credit is received under § 47-864, 125% of the prior year's taxable assessment, less the deduction under § 47-850."

"(A)(i) In the case of a cooperative housing association, the Mayor shall deduct from the estimated market value of the real property of the cooperative housing association an amount equal to 50% of an amount equal to:

"(I) The estimated market value of the senior's household, less any homestead deduction under § 47-850.01; or

"(II) If a credit is received under § 47-864, 125% of the prior year's taxable assessment attributable to the senior's household, less any deduction under § 47-850.01; provided, that if a credit is received under § 47-864, 125% of the prior year's taxable assessment shall be deemed the estimated market value for purposes of this paragraph."

D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".

D.C. Law 16-33, in the section name line, inserted "and for disabled property owners"; substituted "eligible" for "senior's" throughout the section; in subsec. (a), added pars. (1A) and (5), and repealed par. (4); rewrote subsec. (b); and, in subsec. (c), added par. (2)(C). Prior to amendment, par. (4) of subsec. (a) and subsec. (b) read as follows: as follows:

"(4) 'Senior's household' means:

"(A) In the case of a house or condominium, an individual's residence:

"(i) That comprises a dwelling unit;

"(ii) That is Class 1 Property, as defined in § 47-813, and contains not more than 5 dwelling units therein;

"(iii) That is owned at least 50%, in whole or in part, by the individual who is 65 years of age or older; and

"(iv) Wherein the household adjusted gross income is less than $100,000.

"(B) In the case of a cooperative housing association that is Class 1 Property, as defined in § 47-813, a shareholder's or member's residence:

"(i) That comprises a dwelling unit;

"(ii) That is occupied by the shareholder or member who is 65 years of age or older;

"(iii) Wherein the household adjusted gross income is less than $100,000; and

"(iv) That, by reason of his or her ownership of stock or membership certificate, a proprietary lease, or other evidence of membership, is occupied by right by the shareholder or member with at least a 50% interest which permits the occupation of the dwelling unit."

"(b)(1)(A) In the case of a house or condominium, a senior's household shall be eligible for a 50% deduction in computing real property tax liability.

"(B) If a deduction under § 47-850 is allowed, the deduction under this paragraph shall be computed by multiplying the tax rate by 50% of an amount equal to:

"(i) The estimated market value of the senior's household, less the deduction under § 47-850; or

"(ii) If a credit is received under § 47-864:

"(I) Before October 1, 2003, 125% of the prior year's capped assessment, (or if there was no capped assessment during the prior year, the tax assessment), less the deduction under § 47-850; or

"(II) On or after October 1, 2003, 112% of the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) less the deduction under § 47-850.

"(C) The deduction under this paragraph shall be apportioned equally between each installment during a tax year and shall not be carried forward or carried back.

"(2)(A)(i) In the case of a cooperative housing association, the Mayor shall deduct from the estimated market value of the real property of the cooperative housing association an amount equal to 50% of an amount equal to:

"(I) The estimated market value of the senior's household, less any homestead deduction under § 47-850.01; or

"(II) If a credit is received under § 47-864:

"(aa) Before October 1, 2003, 125% of the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) attributable to the senior's household, less any deduction under § 47-850.01; provided, that if a credit is received under § 47-864, 125% of the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) shall be deemed the estimated market value for purposes of this paragraph; or

"(bb) On or after October 1, 2003, 112% of the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) attributable to the senior's household, less any deduction under § 47-850.01; provided, that if a credit is received under § 47-864, 112% of the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) shall be deemed the estimated market value for purposes of this paragraph.

"(ii) The estimated market value of the senior's household, or the prior year's capped assessment (or if there was no capped assessment during the prior year, the tax assessment) attributable to the senior's household, shall be determined in the same manner as the cooperative housing association was assessed under § 47-820.01, including any prorations thereunder.

"(B) The deduction under this paragraph shall be apportioned equally between each installment during a tax year and shall not be carried forward or carried back.'

D.C. Law 16-191, in subsec. (a)(1A)(B), redesignated subpar. (I) as subpar. (i); and, in subsecs. (b), (c), (h), and (i), validated previously made technical corrections.

D.C. Law 16-305, in the section name line, substituted "property owners with disabilities" for "disabled property owners"; and, in subsec. (a)(1A), substituted "have a permanent and total disability" for "be permanently and totally disabled".

D.C. Law 17-216, in subsec. (f-1), substituted "an appeal of a Class 3 classification" for "a reclassification".

D.C. Law 17-345, in subsec. (f), substituted "applicant (or current owner if there is no applicant)" for "applicant" in par. (1), deleted "(for which notification is required under this subsection)" following "eligibility" in pars. (4) and (5), and added par. (6); in subsec. (g)(1), substituted "applicant or former owner, and not the real property" for "applicant" the first time it appears and substituted "applicant or former owner" for "applicant" the second time it appears; and, in subsec. (l), substituted "deduction" for "decrease".

D.C. Law 19-155 rewrote subsec. (f-1), which formerly read:

"(f)(1) If the eligible household no longer qualifies for the deduction, the applicant (or former owner if there is no applicant) shall notify the Mayor of the date of the change in eligibility within 30 days after the change in eligibility. If the applicant (or former owner if there is no applicant) fails to notify timely, the deduction shall be rescinded without limitation for each tax year. Penalty and interest shall be added from the day the correct amount of tax was due but not paid."

D.C. Law 19-165 rewrote subsecs. (a)(2) and (3), which formerly read:

"(2) 'Household adjusted gross income' means the adjusted gross income of all persons residing in a household, excluding the adjusted gross income of any person who is a tenant by virtue of a written lease for fair market value.

"(3) 'Residence' means the principal place of residence in the District of an individual, shareholder, or member, who is domiciled in the District."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 105 of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).

For temporary (225 day) amendment of section, see § 2(c) of Homestead and Senior Citizen Real Property Tax Temporary Act of 2001 (D.C. Law 14-4, June 13, 2001, law notification 48 DCR 5912).

For temporary (225 day) amendment of section, see § 2(g) of Homestead and Senior Citizen Real Property Tax Temporary Act of 2001 (D.C. Law 14-92, March 19, 2002, law notification 49 DCR 2997).

Section 2(b) of D.C. Law 16-257, in subsec. (f), in par. (1), substituted "applicant (or former owner if there is no applicant)" for "applicant" throughout, in pars. (4) and (5), deleted "(for which notification is required under this subsection)", and added par. (6) to read as follows:

"(6) Notwithstanding the rescissions of the deduction pursuant to paragraphs (4) and (5) of this subsection, if the applicant's required ownership interest in the real property is transferred to a new owner, shareholder, or member who does not apply or qualify for the deduction, the real property shall nevertheless be entitled to the apportioned amount of the deduction applicable to the installment payable during the half tax year during which such ownership interest was transferred. At the end of the half tax year, the deduction shall cease. If the applicant purchases another real property or interest in a housing cooperative for which he or she shall make application for the deduction, and the application and purchase occurs during the same half tax year when the transfer occurred, subsections (i) and (j) of this section shall not apply to the extent that both real properties may benefit from the deduction during that half tax year and, thereafter, only the newly purchased real property or housing cooperative in which the applicant acquired newly an interest shall benefit from the applicant's deduction. Notwithstanding the foregoing, a real property shall not benefit from more than one deduction in any half tax year; provided, that in the case of a housing cooperative, the real property shall not benefit from more than one deduction related to an eligible household in any half tax year."

; in subsec. (g)(1), substituted "applicant (or former owner if there is no applicant)" for "applicant" throughout; and in subsec. (l), substituted "deduction" for "decrease".

Section 5(b) of D.C. Law 16-257 provides that the act shall expire after 225 days of its having taken effect.

Section 4(d) of D.C. Law 16-259, in subsec. (f-1), substituted "an appeal of a Class 3 classification" for "a reclassification".

Section 7(b) of D.C. Law 16-259 provides that the act shall expire after 225 days of its having taken effect.

Section 2(e) of D.C. Law 17-72, in subsec. (f), substituted "applicant (or former owner if there is no applicant)" for "applicant" throughout par. (1), deleted "(for which notification is required under this subsection)" in pars. (4) and (5), and added par. (6) to read as follows:

"(6)(A) Notwithstanding the rescissions of the deduction pursuant to paragraphs (4) and (5) of this subsection, if the applicant's required ownership interest in the real property is transferred to a new owner, shareholder, or member who does not apply or qualify for the deduction, the real property shall nevertheless be entitled to the apportioned amount of the deduction applicable to the installment payable during the half tax year during which such ownership interest was transferred. At the end of the half tax year, the deduction shall cease.

"(B) If the applicant purchases another real property or interest in a housing cooperative for which he or she shall make application for the deduction, and the application and purchase occurs during the same half tax year when the transfer occurred, subsections (i) and (j) of this section shall not apply to the extent that both real properties may benefit from the deduction during that half tax year and, thereafter, only the newly purchased real property or housing cooperative in which the applicant acquired newly an interest shall benefit from the applicant's deduction.

"(C) Notwithstanding the foregoing, a real property shall not benefit from more than one deduction in any half tax year; provided, that in the case of a housing cooperative, the real property shall not benefit from more than one deduction related to an eligible household in any half tax year."

; in subsec. (g)(1), substituted "applicant or former owner, and not the real property" for "applicant" the first time it appears, and "applicant or former owner" for "applicant" the second time it appears; and in subsec. (l), substituted "deduction" for "decrease".

Section 5(b) of D.C. Law 17-72 provides that the act shall expire after 225 days of its having taken effect.

Section 4(d) of D.C. Law 17-102, in subsec. (f-1), substituted "an appeal of a Class 3 classification" for "a reclassification".

Section 7(b) of D.C. Law 17-102 provides that the act shall expire after 225 days of its having taken effect.

Section 2(e) of D.C. Law 17-295, in subsec. (f), substituted "applicant (or former owner if there is no applicant)" for "applicant" in par. (1), deleted "(for which notification is required under this subsection)" in pars. (4) and (5), and added par. (6) to read as follows:

"(6)(A) Notwithstanding the rescissions of the deduction pursuant to paragraphs (4) and (5) of this subsection, if the applicant's required ownership interest in the real property is transferred to a new owner, shareholder, or member who does not apply or qualify for the deduction, the real property shall nevertheless be entitled to the apportioned amount of the deduction applicable to the installment payable during the half tax year during which such ownership interest was transferred. At the end of the half tax year, the deduction shall cease.

"(B) If the applicant purchases another real property or interest in a housing cooperative for which he or she shall make application for the deduction, and the application and purchase occurs during the same half tax year when the transfer occurred, subsections (i) and (j) of this section shall not apply to the extent that both real properties may benefit from the deduction during that half tax year and, thereafter, only the newly purchased real property or housing cooperative in which the applicant acquired newly an interest shall benefit from the applicant's deduction.

"(C) Notwithstanding the foregoing, a real property shall not benefit from more than one deduction in any half tax year; provided, that in the case of a housing cooperative, the real property shall not benefit from more than one deduction related to an eligible household in any half tax year."

; in subsec. (g)(1), substituted "applicant or former owner, and not the real property" for "applicant" the first time it appears and substituted "applicant or former owner" for "applicant" the second time it appears; and, in subsec. (l), substituted "deduction" for "decrease".

Section 5(b) of D.C. Law 17-295 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(c) of Homestead and Senior Citizen Real Property Tax Emergency Act of 2001 (D.C. Act 14-21, March 16, 2001, 48 DCR 2703).

For temporary (90 day) amendment of section, see §§ 2(g), 3 of Homestead and Senior Citizen Real Property Tax Emergency Act of 2001 (D.C. Act 14-190, November 29, 2001, 48 DCR 11219).

For temporary (90 day) amendment of section, see § 2(g) of Homestead and Senior Citizen Real Property Tax Legislative Review Emergency Act of 2001 (D.C. Act 14-226, January 8, 2002, 49 DCR 668).

For temporary (90 day) amendment of section, see §§ 1303(f) and 1304 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see §§ 1303(f) and 1304 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see §§ 1303(f) and 1304 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 1162(e) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1162(e) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see §§ 1082(c), 1262(b), 1263, 1264, 1297(a)(3), 1298, 1299 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2(b) of Real Property Tax Benefits Revision Emergency Act of 2006 (D.C. Act 16-573, December 19, 2006, 54 DCR 18).

For temporary (90 day) amendment of section, see § 21 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).

For temporary (90 day) amendment of section, see § 4(d) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2006 (D.C. Act 16-586, December 28, 2006, 54 DCR 353).

For temporary (90 day) amendment of section, see § 2(e) of Real Property Tax Benefits Revision Emergency Act of 2007 (D.C. Act 17-145, October 17, 2007, 54 DCR 10748).

For temporary (90 day) amendment of section, see § 4(d) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2007 (D.C. Act 17-173, November 2, 2007, 54 DCR 11204).

For temporary (90 day) amendment of section, see § 2(e) of Real Property Tax Benefits Revision Congressional Review Emergency Act of 2008 (D.C. Act 17-435, July 16, 2008, 55 DCR 8268).

For temporary (90 day) amendment of section, see § 4(d) of Nuisance Properties Abatement Reform and Real Property Classification Congressional Review Emergency Act of 2008 (D.C. Act 17-436, July 16, 2008, 55 DCR 8272).

For temporary (90 day) amendment of section, see § 2(e) of Real Property Tax Benefits Revision Emergency Act of 2008 (D.C. Act 17-547, October 24, 2008, 55 DCR 11975).

Legislative History of Laws

Law 6-153, the "Real Property Tax Rates for Tax Year 1987 Act of 1986," was introduced in Council and assigned Bill No. 6-476, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 24, 1986 and July 8, 1986, respectively. Signed by the Mayor on July 16, 1986 it was assigned Act No. 6-195 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-53, see Historical and Statutory Notes following § 47-850.

For legislative history of D.C. Law 9-56, see Historical and Statutory Notes following § 47-850.

Law 9-145, the "Omnibus Budget Support Act of 1992," was introduced in Council and assigned Bill No. 9-222, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 12, 1992, and June 2, 1992, respectively. Approved without the signature of the Mayor on June 22, 1992, it was assigned Act No. 9-225 and transmitted to both Houses of Congress for its review. D.C. Law 9-145 became effective on September 10, 1992.

For legislative history of D.C. Law 9-177, see Historical and Statutory Notes following § 47-812.

For legislative history of D.C. Law 10-127, see Historical and Statutory Notes following § 47-812.

For Law 14-147, see notes following § 47-813.

For Law 14-282, see notes following § 47-405.

For Law 14-307, see notes following § 47-368.01.

For Law 15-105, see notes following § 47-340.22.

For Law 15-205, see notes following § 47-308.01.

For Law 15-354, see notes following § 47-340.03.

For Law 16-33, see notes following § 47-308.01.

For Law 16-191, see notes following § 42-1102.

For Law 16-305, see notes following § 47-802.

For Law 17-216, see notes following § 47-812.

For Law 17-345, see notes following § 47-845.02.

For history of Law 19-155, see notes under § 47-825.01a.

Law 19-165, the "Age-in-Place and Equitable Senior Citizen Real Property Act of 2012", was introduced in Council and assigned Bill No. 19-512, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on April 17, 2012, and May 1, 2012, respectively. Signed by the Mayor on May 18, 2012, it was assigned Act No. 19-375 and transmitted to both Houses of Congress for its review. D.C. Law 19-165 became effective on July 13, 2012.

References in Text

"Section 62 of the Internal Revenue Code," referred to in (a)(1), is classified to 26 U.S.C. § 62.

Miscellaneous Notes

Mayor authorized to issue rules: Section 6 of D.C. Law 9-56 provided that the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of the act.

Section 3 of D.C. Law 14-147 provides that section 2 shall apply as of October 1, 2001, except insofar as the retroactive application results in an increase of tax to the real property or owner thereof.

Section 15(b) of D.C. Law 14-282 provides:

"Sec. 15. Applicability.

"Section 11(1) shall apply as of October 1, 2001."

Application of Law 14-307:  Section 1304 of D.C. Law 14-307 provides:   "Sections 1302 and 1303 shall apply as of October 1, 2002."

Applicability and expiration of subtitle EE of title I, §§ 1261 to 1265, of D.C. Law 16-33: Sections 1263 and 1264 of D.C. Law 16-33, as amended by section 5(g) of D.C. Law 16-191 and D.C. Law 17-219, § 7068(c), (d), provide:

"Sec. 1263. Applicability; conditional effect.

"(a) Section 1262 shall apply for taxable years beginning after September 30, 2005."

"(b) Repealed.

"(c) Repealed.

"Sec. 1264. Repealed."

Applicability and expiration of subtitle KK of title I, §§ 1295 to 1300, of D.C. Law 16-33: Sections 1298 and 1299, as amended by D.C. Law 17-219, § 7068(l), (m) provide:

"Sec. 1298. Conditional applicability.

"(a) Sections 1296 and 1297 shall apply for taxable years beginning after September 30, 2005.

"(b) Repealed.

"Sec. 1299. Repealed."

Section 3 of D.C. Law 17-345 provides:

"Sec. 3. Applicability.

"(a) Section 2(c)(1)(A) and (B), (c)(2), (e)(1)(A) and (B), and (e)(2) shall apply for tax years beginning after September 30, 2001.

"(b) Section 2(c)(1)(C) and (e)(1)(C) shall apply as of January 2, 2007."

D.C. Law 19-165, § 2(a), amends subsec.. (a)(1A)(A) applicable upon inclusion of its fiscal effect in an approved budget and financial plan.

Section 3 of D.C. Law 19-165 provides:

"Sec. 3. Applicability.

"Section 2(a) shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."

Effect of Amendments

D.C. Law 14-190 rewrote the section which had previously read as follows:

"§ 47-864. Owner-Occupant Residential Tax Credit.

"(a) Real property receiving the homestead deduction under § 47-850(c), and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit for tax year 2002.

"(b) The credit shall be calculated as follows:

"(1) Multiply the prior tax year's taxable assessment by 125%;

"(2) Subtract that amount from the tax year 2002 assessment; and

"(3) If the difference is a positive number, multiply the difference by the applicable real property tax rate for the current year.

"(c) The credit shall not apply if:

"(1) During the prior tax year:

"(A) The real property was transferred for consideration to a new owner;

"(B) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(C) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property; or

"(2) During the prior calendar year, the real property was assessed under § 47- 829."

D.C. Law 15-135, in subsec. (a)(2), deleted ", and subsequent years," following "2003,"; in subsecs. (b) and (c), substituted "credit under subsection (a) of this section" for "credit"; and added subsec. (d).

D.C. Law 15-205, in subsecs. (a)(2), (b), and (c), purported to make changes already made by Law 15-135; and rewrote subsec. (d) which had read as follows:

"(d)(1) For real property tax year 2004, and subsequent years, real property receiving the homestead deduction under § 47-850 or § 47-850.01, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit.

"(2) The credit shall be calculated as follows:

"(A) Subtract the amount of the prior year's homestead deduction from the prior tax year's taxable assessment;

"(B) Multiply that amount by 112%;

"(C) Subtract the amount of the current year's homestead deduction from the current tax year's assessment;

"(D) Subtract the amount computed under subparagraph (B) of this subsection from the amount in subparagraph (C) of this subsection; and

"(E) If the difference is a positive number, multiply the difference by the applicable property tax rate for the current year.

"(3) The credit shall not apply if:

"(A) During the prior tax year:

"(i) The real property was transferred for consideration to a new owner;

"(ii) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(iii) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property; or

"(B) During the prior calendar year, the real property was assessed under § 47- 829."

D.C. Law 16-33, in subsec. (d)(3)(A)(i), substituted "new owner and the return required by § 42-1103(d) and § 47-903(d) was due" for "new owner"; rewrote subsec. (d)(2); and added subsecs. (d)(3)(C) and (d)(4). Prior to amendment, subsec. (d)(2) read as follows:

"(2) The credit shall be calculated as follows:

"(A)(i) In the case of a real property that did not receive the credit under this section in the prior tax year, subtract the prior tax year's homestead deduction from the prior tax year's assessment; or

"(ii) In the case where a real property did receive the credit under this section in the prior tax year, identify the prior tax year's capped assessment;

"(B) Multiply the amount under subparagraph (A) of this paragraph by 112% to determine the capped assessment;

"(C) Subtract the current tax year's homestead deduction from the current tax year's assessment;

"(D) Subtract the capped assessment computed under subparagraph (B) of this paragraph from the difference in subparagraph (c) of this paragraph; and

"(E) If the resulting difference is a positive number, multiply the resulting difference by the applicable property tax rate for the current tax year."

D.C. Law 16-191 rewrote the section which had read as follows:

"(a)(1) For real property tax year 2002, real property receiving the homestead deduction under § 47-850, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit. This paragraph shall apply as of October 1, 2001.

"(2) For real property tax year 2003 real property receiving the homestead deduction under § 47-850 or § 47-850.01, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit.

"(b) The credit under subsection (a) of this section shall be calculated as follows:

"(1) Subtract the amount of the homestead deduction from the prior tax year's taxable assessment;

"(2) Multiply that amount by 125%;

"(3) Subtract the amount of the homestead deduction from the current tax year's taxable assessment;

"(4) Subtract the amount computed under paragraph (2) of this subsection from the amount in paragraph (3) of this subsection; and

"(5) If the difference is a positive number, multiply the difference by the applicable property tax rate for the current year.

"(c) The credit under subsection (a) of this section shall not apply if:

"(1) During the prior tax year:

"(A) The real property was transferred for consideration to a new owner;

"(B) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(C) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property; or

"(2) During the prior calendar year, the real property was assessed under § 47- 829.

"(d)(1) For real property tax year 2004, and subsequent years, real property receiving the homestead deduction under § 47-850 or § 47-850.01, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit.

"(2) The credit shall be calculated as follows:

"(A)(i) In the case of a real property that did not receive the credit under this section in the prior tax year:

"(I) Subtract the prior tax year's homestead deduction from the prior tax year's assessed value; provided that for tax year 2006, the prior tax year's homestead deduction shall be deemed to be $60,000; and

"(II) Multiply the amount in sub-sub-subparagraph (I) of this sub-subparagraph by 112% to determine the current tax year's taxable assessment; or

"(ii) In the case of a real property that did receive the credit under this section in the prior tax year, multiply the prior tax year's taxable assessment by 112% to determine the current tax year's taxable assessment; provided, that:

"(I) For tax year 2006, the current tax year's taxable assessment shall be determined by subtracting $22,000 from 112% of the prior year's taxable assessment; and

"(II) For the tax year 2007, the amount determined in sub-sub-subparagraph (I) of this sub-subparagraph shall be the prior year's taxable assessment;

"(B) Subtract the current tax year's homestead deduction from the current tax year's assessed value;

"(C) Subtract the current tax year's taxable assessment determined under subparagraph (A) of this paragraph from the amount determined in subparagraph (B) of this paragraph; and

"(D) If the amount determined under subparagraph (C) of this paragraph is a positive number, multiply the difference by the applicable real property tax rate to determine the credit for the current tax year.

"(3) The credit shall not apply if:

"(A) During the prior tax year:

"(i) The real property was transferred for consideration to a new owner and the return required by §§ 42-1103(d) and 47-903(d) was due;

"(ii) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(iii) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property;

"(B) During the prior calendar year, the real property was assessed under § 47- 829; or

"(C) During the tax year, qualifying and current homestead deduction applications are on file for less than 50% of the dwelling units in a cooperative housing association, or such applications are not filed in time for the homestead deduction to apply to the entire tax year.

"(4) The credit under this subsection shall be nonrefundable, and the credit shall be apportioned equally between each installment during the tax year and shall not be carried forward or carried back.

"(5) This subsection shall apply as of October 1, 2003."

D.C. Law 17-219 repealed subsec. (d), which had read as follows:

"(d)(1) In accordance with section 47-864.01, for real property tax year 2004, and subsequent years, real property receiving the homestead deduction under § 47-850 or § 47-850.01, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit.

"(2) The credit shall be calculated as follows:

"(A)(i) In the case of a real property that did not receive the credit under this section in the prior tax year:

"(I) Subtract the prior tax year's homestead deduction from the prior tax year's assessed value; provided that for tax year 2006, the prior tax year's homestead deduction shall be deemed to be $60,000; and

"(II) Multiply the amount in sub-sub-subparagraph (I) of this sub-subparagraph by 112% to determine the current tax year's taxable assessment; or

"(ii) In the case of a real property that did receive the credit under this section in the prior tax year, multiply the prior tax year's taxable assessment by 112% to determine the current tax year's taxable assessment; provided, that:

"(I) For tax year 2006, the current tax year's taxable assessment shall be determined by subtracting $22,000 from 112% of the prior year's taxable assessment; and

"(II) For the tax year 2007, the amount determined in sub-sub-subparagraph (I) of this sub-subparagraph shall be the prior year's taxable assessment;

"(B) Subtract the current tax year's homestead deduction from the current tax year's assessed value;

"(C) Subtract the current tax year's taxable assessment determined under subparagraph (A) of this paragraph from the amount determined in subparagraph (B) of this paragraph; and

"(D) If the amount determined under subparagraph (C) of this paragraph is a positive number, multiply the difference by the applicable real property tax rate to determine the credit for the current tax year.

"(3) The credit shall not apply if:

"(A) During the prior tax year:

"(i)(I) The real property was transferred for consideration to a new owner; and

"(II) The return required by §§ 42-1103(d) and 47-903(d) was due;

"(ii) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(iii) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property; or

"(B) During the prior calendar year, the real property was assessed under § 47- 829.

"(C) During the tax year, qualifying and current homestead deduction applications are on file for less than 50% of the dwelling units in a cooperative housing association, or such applications are not filed in time for the homestead deduction to apply to the entire tax year.

"(4) The credit under this subsection shall be nonrefundable, and the credit shall be apportioned equally between each installment during the tax year and shall not be carried forward or carried back.

"(5) This subsection shall apply as of October 1, 2003."

D.C. Law 18-111 rewrote the section which had read as follows:

"(a)(1) For real property tax year 2002, real property receiving the homestead deduction under § 47-850, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit. This paragraph shall apply as of October 1, 2001.

"(2) For real property tax year 2003 real property receiving the homestead deduction under § 47-850 or § 47-850.01, and valued under § 47-820(b-2), shall receive an owner-occupant residential tax credit.

"(b) The credit under subsection (a) of this section shall be calculated as follows:

"(1) Subtract the amount of the homestead deduction from the prior tax year's taxable assessment;

"(2) Multiply that amount by 125%;

"(3) Subtract the amount of the homestead deduction from the current tax year's taxable assessment;

"(4) Subtract the amount computed under paragraph (2) of this subsection from the amount in paragraph (3) of this subsection; and

"(5) If the difference is a positive number, multiply the difference by the applicable property tax rate for the current year.

"(c) The credit under subsection (a) of this section shall not apply if:

"(1) During the prior tax year:

"(A) The real property was transferred for consideration to a new owner;

"(B) The value of the real property was increased due to a change in the zoning classification of the real property initiated or requested by the homeowner or anyone having an interest in the real property; or

"(C) The assessment of the real property was clearly erroneous due to an error in calculation or measurement of improvements on the real property; or

"(2) During the prior calendar year, the real property was assessed under § 47- 829.

"(d) Repealed.

"(e) This section shall sunset as of October 20, 2005, if § 47-864.01 takes effect on or before October 20, 2005."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Owner-Occupant Residential Tax Credit Temporary Act of 2002 (D.C. Law 14-160, June 25, 2002, law notification 51 DCR 6496).

For temporary (225 day) amendment of section, see § 2(e) of Owner-Occupant Residential Tax Credit and Homestead Deductions Temporary Act of 2004 (D.C. Law 15-159, May 18, 2004, law notification 51 DCR 5699).

Section 4(b) of D.C. Law 16-102 rewrote subpar. (b)(1)(B)(i) to read as follows:

"(i) For tax year 2006:

"(I) The current tax year's taxable assessment shall be determined by subtracting $22,000 from 110% of the prior tax year's taxable assessment;

"(II) The prior tax year's taxable assessment for taxable real property located in triennial groups 1 and 2, as designated by the Office of Tax and Revenue, that has been owned and occupied continuously by the same owner since October 1, 2001, shall be recalculated by applying a 12% cap as of October 1, 2001; and

"(III) This sub-subparagraph shall apply as of October 1, 2005;"

Section 11(b) of D.C. Law 16-102 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2, 3 of Owner-occupant Residential Tax Credit Emergency Act of 2002 (D.C. Act 14-306, March 25, 2002, 49 DCR 3407).

For temporary (90 day) amendment of section, see § 822 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 2(e) of Owner-Occupant Residential Tax Credit and Homestead Deduction Clarification Emergency Act of 2004 (D.C. Act 15-374, February 24, 2004, 51 DCR 2618).

For temporary (90 day) amendment of section, see § 1162(f) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1162(f) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see §§ 1082(d), 1083, 1262(c), 1263, 1264, 1286 to 1288 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see §§ 3(c), 23, 24 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).

For temporary (90 day) amendment of section, see §§ 7021(b), 7022 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 7071(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 7071(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Legislative History of Laws

For Law 14-28, see notes following § 47-387.51.

For Law 14-190, see notes following § 47-308.01.

For Law 15-135, see notes following § 47-850.

For Law 15-205, see notes following § 47-308.01.

For Law 16-33, see notes following § 47-308.01.

For Law 16-191, see notes following § 47-308.02.

For Law 17-219, see notes following § 47-318.05a.

For Law 18-111, see notes following § 47-305.02.

Miscellaneous Notes

Short title of subtitle B of title VIII of Law 14-190: Section 821 of D.C. Law 14-190 provided that subtitle B of title VIII of the act may be cited as the Owner-Occupant Residential Tax Credit of 2002.

Section 3 of Law 15-135 provides that § 2(a), (b), and (c)(3) of the act shall apply as of October 1, 2003.

Section 1083 of D.C. Law 16-33 provides that § 1082(a)(1), (b), (d)(1), and (d)(2)(B) shall apply for taxable years beginning after September 30, 2005.

Short title of subtitle II of title I of Law 16-33: Section 1285 of D.C. Law 16-33 provided that subtitle II of title I of the act may be cited as This subtitle may be cited as the Triennial Group Taxable Assessment Disparity Correction Act of 2005.

Applicability and expiration of subtitle EE of title I, §§ 1261 to 1265, of D.C. Law 16-33: Sections 1263 and 1264 of D.C. Law 16-33, as amended by section 5(g) of D.C. Law 16-191 and D.C. Law 17-219, § 7068(c), (d), provide:

"Sec. 1263. Applicability; conditional effect.

"(a) Section 1262 shall apply for taxable years beginning after September 30, 2005."

"(b) Repealed.

"(c) Repealed.

"Sec. 1264. Repealed."

Applicability and expiration of §§ 1287 and 1288 of D.C. Law 16-33: Sections 1287 and 1288 of D.C. Law 16-33, as amended by D.C. Law 17-219, § 7068(h), (i), provide:

"Sec. 1287. Conditional applicability.

"(a) Section 1286 shall apply for taxable years beginning after September 30, 2005.

"(b) Repealed.

"Sec. 1288. Repealed."

Short title: Section 7070 of D.C. Law 18-111 provided that subtitle E of title VII of the act may be cited as the "Owner-Occupant Residential Tax Credit Act of 2009".

Section 7072 of D.C. Law 18-111, as amended by section 115 of D.C. Law 19-171, provides:

"Sec. 7072. Applicability.

"Section 7071 shall apply to tax periods beginning after September 30, 2009."

Temporary Amendments of Section

Section 2(f) of D.C. Law 17-72 substituted "back, except as set forth in subsection (c-1) of this section" for "back" in subsec. (d)(3) and added subsec. (c-1) to read as follows:

"(c-1) Notwithstanding any other provision of this section, if the entire interest in the real property is transferred to a new owner and the real property no longer qualifies as a homestead pursuant to § 47-850 or § 47-851, the real property shall be entitled to the credit applicable to the installment payable during the half tax year during which the ownership interest was transferred. At the end of the half tax year, the credit shall cease."

Section 5(b) of D.C. Law 17-72 provides that the act shall expire after 225 days of its having taken effect.

Section 2(f) of D.C. Law 17-295 added subsec. (c-1) to read as follows:

"(c-1) Notwithstanding any other provision of this section, if the entire interest in the real property is transferred to a new owner and the real property no longer qualifies as a homestead pursuant to § 47-850 or § 47-851, the real property shall be entitled to the credit applicable to the installment payable during the half tax year during which the ownership interest was transferred. At the end of the half tax year, the credit shall cease."

;and, in subsec. (d)(3), substituted "back, except as set forth in subsection (c-1) of this section" for "back".

Section 5(b) of D.C. Law 17-295 provides that the act shall expire after 225 days of its having taken effect.

D.C. Law 17-345 added subsec. (c-1); and, in subsec. (d)(3), inserted ", except as set forth in subsection (c-1) of this section" following "back".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(f) of Real Property Tax Benefits Revision Emergency Act of 2007 (D.C. Act 17-145, October 17, 2007, 54 DCR 10748).

For temporary (90 day) amendment of section, see § 2(f) of Real Property Tax Benefits Revision Congressional Review Emergency Act of 2008 (D.C. Act 17-435, July 16, 2008, 55 DCR 8268).

For temporary (90 day) amendment of section, see § 2(f) of Real Property Tax Benefits Revision Emergency Act of 2008 (D.C. Act 17-547, October 24, 2008, 55 DCR 11975).

For temporary (90 day) repeal, see § 7021(c) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) repeal, see § 7071(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) repeal, see § 7071(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Legislative History of Laws

For Law 16-191, see notes following § 47-308.02.

For Law 17-345, see notes following § 47-845.02.

For Law 17-353, see notes following § 47-308.

For Law 18-111, see notes following § 47-305.02.

Miscellaneous Notes

Conditional applicability: Section 1287(a) of D.C. Law 16-33 provided:

"(a) Section 1286 shall apply for taxable years beginning after September 30, 2005; provided, that the condition of subsection (b) of this section is met prior to February 15, 2006; provided further, that section 1286 shall apply for the second half of fiscal year 2006 if the condition of subsection (b) of this section is met after February 14, 2006 and prior to August 5, 2006."

Section 7072 of D.C. Law 18-111, as amended by section 115 of D.C. Law 19-171, provides:

"Sec. 7072. Applicability.

"Section 7071 shall apply to tax periods beginning after September 30, 2009."

Legislative History of Laws

For Law 14-114, see notes following § 47-857.01.

Delegation of Authority

Delegation of Authority-Tax Abatements under Section 291 of the Housing Act of 2002, see Mayor's Order 2009-202, November 25, 2009 (56 DCR 9222).

Miscellaneous Notes

Building permit fee -- Historic rehabilitation deemed new construction: Section 303 of D.C. Law 14-114, provides: "A residential project involving the rehabilitation of an individually designated landmark building or a building located in an historic district that provides more than 100 apartment units and involves the replacement of all building systems (mechanical, plumbing, electrical) shall be deemed new construction for the purposes of calculating the building permit fee. This section shall apply to any building permits issued after October 31, 2001."

Section 1101 of D.C. Law 14-114 provides: "The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall promulgate rules to implement this act."

Temporary Addition of Section

Sections 2 and 3 of D.C. Law 15-230 added provisions reading as follows:

"Sec. 2. Definitions.

"For the purposes of this act, the term:

"(1) 'Administrative costs' means costs of the Department to administer and monitor the distribution of low-income housing tax credits and to assess and collect fees under this act, including personnel, operations, maintenance, and monitoring of the Low-Income Housing Tax Credit Program, as well as any other obligations, whether incurred before or after the effective date of this act.

"(2) 'Department' means the Department of Housing and Community Development.

"(3) 'Developer' means a person or entity that proposes to construct affordable housing using tax credits provided under the Low-Income Tax Credit Program.

"(4) 'Fund' means the Low-Income Housing Tax Credit Fund.

"(5) 'Low-Income Tax Credit Program' means the program established under section 42 of the Internal Revenue Code to encourage new construction and rehabilitation of existing rental housing for low-income households and to increase the amount of affordable rental housing for households with income at or below specified income levels.

"(6) 'Monitoring' means the regular evaluation and monitoring of units financed by the Low-Income Housing Tax Credit Program.

"(7) 'User Fees' means any fees charged to the applicants and users of the Low-Income Housing Tax Credit Program including application, reservation, allocation, and monitoring fees.

"Sec. 3. Low-Income Housing Tax Credit Fund.

"(a) There is established a segregated nonlapsing proprietary fund to be known as the Low-Income Housing Tax Credit Fund ("Fund"). All user fees collected under this act, and all interest earned on those fees, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress.

"(b) All revenues deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or any other time, but shall be continually available to the Department for the purposes set forth in this act, subject to authorization by Congress in an appropriations act.

"(c) All revenue deposited into the Fund shall be expended by the Department for administrative costs for administering and monitoring the Low-Income Housing Tax Credit Program. The Fund shall not be used for any other purpose.

"(d) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund. Any revenue received but not expended in a fiscal year shall be retained by the Fund.

"(e) All income and expenses of the Fund shall be audited annually by the Mayor. The audit report shall be provided to the Council. The expenses for each audit shall be paid by the Fund."

Section 5(b) of D.C. Law 15-230 provides that the act shall expire after 225 days of its having taken effect.

Legislative History of Laws

For Law 14-114, see notes following § 47-857.01.

Law 15-230, the "Low-Income Housing Tax Credit Fund Temporary Act of 2004", was introduced in Council and assigned Bill No. 15-927, and was retained by the Council. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on November 1, 2004, it was assigned Act No. 15-570 and transmitted to both Houses of Congress for its review. D.C. Law 15-230 became effective on March 16, 2005.

Miscellaneous Notes

Building permit fee -- Historic rehabilitation deemed new construction: Section 303 of D.C. Law 14-114, provides: "A residential project involving the rehabilitation of an individually designated landmark building or a building located in an historic district that provides more than 100 apartment units and involves the replacement of all building systems (mechanical, plumbing, electrical) shall be deemed new construction for the purposes of calculating the building permit fee. This section shall apply to any building permits issued after October 31, 2001."

Section 1101 of D.C. Law 14-114 provides: "The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall promulgate rules to implement this act."

Legislative History of Laws

Law 15-275, the "Public Charter School Real Property Tax Rebate Act of 2004", was introduced in Council and assigned Bill No. 15-304, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-666 and transmitted to both Houses of Congress for its review. D.C. Law 15-275 became effective on April 5, 2005.

Effective Dates

Section 7052 of D.C. Law 17-219 repealed section 3 of D.C. Law 15-275.