1. (a) For purposes of §§ 42-3131.05 through 42-3131.21, the term:

   1. (1) "Active construction" means construction activity being performed pursuant to a valid building permit.
   2. (2) "Advisory Neighborhood Commission certification" means a resolution approved by a majority vote of the Advisory Neighborhood Commission in which a building is located requesting that the Mayor classify the building as vacant or blighted vacant.
   3. (3) "Blighted vacant building" means a vacant building that is determined by the Mayor to be in such a condition as to pose a danger to the health, safety, or general welfare of the community.
   4. (4) "Commercial unit" means a building, or a part of a building, zoned for commercial purposes under the zoning regulations of the District of Columbia.
   5. (5) "Dwelling unit" means a room or group of rooms forming a single unit designed, or intended to be used, for living and sleeping, whether or not designed or intended for the preparation and eating of meals or to be under the exclusive control of the occupant. The term "dwelling unit" shall not include a room or group of rooms forming a single unit in a hotel or motel licensed in the District of Columbia, actively operating as a hotel or motel.
   6. (6) "Fit for occupancy" means ready for immediate occupancy by a tenant without more than minor cosmetic changes and meeting minimum standards for safety, sanitation, and habitability.
   7. (7) "Multifamily residential building" means a building containing 3 or more dwelling units.

   8. (8) "Occupied" means:

      1. (A) For purposes of a dwelling unit, the use of one's residence in improved real property on a regular or habitual basis. For purposes of a dwelling unit, the term "occupied" excludes incidental or non-residential uses such as storage, occasional visits, social gatherings, or maintenance alone; or

      2. (B) For purposes of a commercial unit, use consistent with zoning regulations, for which there is a current valid certificate of occupancy, and:

         1. (i) Paid utility receipts for the specified period, executed lease agreements, or sales tax return; or
         2. (ii) Other evidence of use of the building that the Mayor may require by rule.

   9. (9) "Owner" shall mean any person or entity who, alone or jointly or severally with others:

      1. (A) Has legal title to the subject property; or
      2. (B) Has charge, care, or control of the subject property, whether as owner or member, in whole or in part, of the legally titled owner, as agent of the legally titled owner, or as a fiduciary of the estate of the legally titled owner or any officer appointed by the court.
   10. (10) "Owner of record" means the person or persons named in the public record as the title holder of the property.
   11. (11) "Real property" shall have the same meaning as set forth in D.C. Official Code § 47-802(1).
   12. (12) "Related owners" or "related ownership" exists when a deduction for a loss from the sale or exchange of properties between taxpayers would be disallowed under 26 U.S.C. § 267; provided, that the exclusion under 26 U.S.C. § 267(a)(1) for a loss in a distribution in a complete liquidation shall not apply.
   13. (13) "Relative" means a spouse, domestic partner, sibling, parent, grandparent, child, or grandchild, or a sibling's child, spouse, or domestic partner.
   14. (14) "Vacant building" means any real property improved by a building that is not lawfully occupied on a regular or habitual basis by the owner or a tenant or other person having the permission of the owner; provided, that, in the case of residential buildings, the Mayor determines that there is no resident for whom an intent to return and lawfully occupy the building can be shown.

History

Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 5

as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888

Aug. 15, 2008, D.C. Law 17-216, § 3(a), 55 DCR 7500

Sept. 24, 2010, D.C. Law 18-223, § 2042(a), 57 DCR 6242

Dec. 4, 2014, D.C. Law 20-141, § 205, 61 DCR 7763

Feb. 26, 2015, D.C. Law 20-155, §§ 7103(e) and 7104, 61 DCR 9990

Apr. 11, 2019, D.C. Law 22-287, § 4(b)

Oct. 1, 2025, D.C. Law 26-41, § 202(a)

Short Title

Short title: Section 2021 of D.C. Law 18-223 provided that subtitle D of title II of the act may be cited as the “Vacant Property Disincentivization Amendment Act of 2010”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7103(e) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 7103(e) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 7113(e) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 204 of the Residential Real Property Equity and Transparency Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-409, Aug. 1, 2014, 61 DCR 8281).

For temporary (90 days) amendment of this section, see § 204 of the Residential Real Property Equity and Transparency Emergency Amendment Act of 2014, (D.C. Act 20-342, May 28, 2014, 61 DCR 5691).

For temporary (90 day) amendment of section, see § 2042(a) 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) amendment of section, see § 2(a), of Real Property Tax Reform Emergency Amendment Act of 2009 (D.C. Act 18-313, February 22, 2010, 57 DCR 1645).

For temporary (90 day) addition, see § 3(b) 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 § 3(a) 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) addition, see § 3(b) 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 § 3(a) 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) addition, see § 3(b) 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 § 3(a) 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Real Property Tax Reform Temporary Amendment Act of 2010 (D.C. Law 18-153, May 22, 2010, law notification 57 DCR 5381).

For temporary (225 day) amendment of section, see § 3(a) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2007 (D.C. Law 17-102, February 2, 2008, law notification 55 DCR 4254).

For temporary (225 day) amendment of section, see § 3(a) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2006 (D.C. Law 16-259, March 8, 2007, law notification 54 DCR 3044).

Effect of Amendments

The 2015 amendment by D.C. Law 20-155 substituted “Office of Tax and Revenue, and a tax sale purchaser under § 47-1353(b) or the purchaser's assignee, as applicable, except where the owner of record is challenging or appealing the vacant status of the real property for the same period” for “Office of Tax and Revenue” in (4).

The 2014 amendment by D.C. Law 20-141, repealed before its effective date, would have substituted “Office of Tax and Revenue, and a tax sale purchaser under § 47-1353(b) or the purchaser’s assignee, as applicable, except where the owner of record is challenging or appealing the vacant status of the real property for the same period” for “Office of Tax and Revenue” in (4).

D.C. Law 18-223 redesignated former par. (1) as par. (1A); added par. (1); and rewrote par. (5).

D.C. Law 17-216, in the lead-in text, made a technical correction that resulted in no change in the text; in par. (2), substituted “District of Columbia, actively operating as a hotel or motel” for “District of Columbia”; added pars. (2A), (4A), and (4B); and rewrote pars. (4) and (5).

Section References

This section is referenced in § 42-3131.01, § 42-3131.10, and § 42-3131.16.

Applicability

Applicability of D.C. Law 22-287: § 8 of D.C. Law 22-287 provided that the change made to this section by § 4(b) of D.C. Law 22-287 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.