1. (a) Except as provided in § 42-3131.06a, the owner of a vacant building shall, within 90 days after it becomes vacant, register the building and pay the registration fee. The Mayor may extend the time for good cause.

2. (b)

   1. (1) Each application for the registration of a vacant building shall be in a form prescribed by the Mayor and shall contain the following information:

      1. (A) The street address of the vacant building;
      2. (B) The date on which the building became vacant;
      3. (C) The name, street address, telephone number, and electronic mailing address of the owner of record;
      4. (D) The name, address, telephone number, and electronic mailing address of a person based in the District who is responsible for the security and maintenance of the property, if other than the owner of record; and
      5. (E) A signed vacant building maintenance plan required pursuant to § 42-3131.12.
   2. (2) If at any time the information provided pursuant to paragraph (1) of this subsection is no longer valid, the owner shall file a new registration within 10 days containing current information. There shall be no additional fee to provide current information pursuant to this paragraph.

3. (c) At the time of application for the initial registration or renewal of registration of a vacant building, the owner shall arrange with the Mayor for the inspection of the building. On receiving an application for the initial registration or renewal of registration of a vacant building, the Mayor shall thereafter inspect the building. The Mayor shall approve the initial registration or the renewal of registration for one year if:

   1. (1) The application for registration contains all of the information required pursuant to subsection (b) of this section;
   2. (2) The building has been maintained in accordance with the requirements of § 42-3131.12;

   3. (3) The vacancy of the building will not:

      1. (A) Be detrimental to the public health, safety, and welfare;
      2. (B) Unreasonably interfere with the reasonable and lawful use and enjoyment of the other premises within the neighborhood; or
      3. (C) Pose a hazard to police officers or firefighters entering the building in an emergency;
   4. (4) The building complies with the fire, building, and housing codes of the District of Columbia;
   5. (5) The continuance of any maintenance work or condition of occupancy is not dangerous to life or property;
   6. (6) No false statements or misrepresentations have been made upon the registration application;
   7. (7) Orders on a building have been complied with and the building complies with any applicable occupancy requirements; and
   8. (8) The Mayor is permitted to inspect the building before initial registration, during the registration period, and before a renewal of registration.
4. (d) If the owner of a vacant building fails to comply with the provisions of subsection (c) of this section, both initially and throughout the registration period, the Mayor may deny or revoke the owner's registration and may subject the owner to the penalties provided in § 42-3131.10.

5. (e)

   1. (1) After the initial designation of a property as vacant or blighted vacant, the Mayor shall not be required to perform additional inspections or surveys to sustain that classification.
   2. (2) After the Mayor has made a final determination that a building is a vacant building or a blighted vacant building, that final determination shall remain in effect until the owner submits information to the Mayor sufficient to warrant a change to that classification.

6. (f)

   1. (1)

      1. (A) Except as provided in subparagraph (B) of this paragraph, no person except the owner of record or an authorized agent of the owner of record, with proof of authorization from the owner of record, may register a building as vacant.
      2. (B) The Mayor, upon a showing that the owner of record is physically unable to register the property, may allow a relative of the owner of record to register the building as vacant; provided, that the relative can show proof of being a relative and, to the satisfaction of the Mayor, that the owner of record is physically unable to register the property.
   2. (2) This subsection shall not in any way limit the Mayor's authority to register as vacant any property for which the owner failed to register it as required by this chapter.

History

Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 6

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

Oct. 18, 2005, D.C. Law 16-23, § 2(a), 52 DCR 8078

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

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

May 18, 2016, D.C. Law 21-119, § 8

Feb. 18, 2017, D.C. Law 21-200, § 2(a)

Feb. 18, 2017, D.C. Law 21-213, § 2

Mar. 22, 2019, D.C. Law 22-254, § 2(a)

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

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8 of the Walter Reed Development Omnibus Emergency Act of 2016 (D.C. Act 21-349, Mar. 23, 2016, 63 DCR 4628).

For temporary (90 day) amendment of section, see § 2042(b) 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 § 3(c) 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(c) 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(c) 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 days) repeal of applicability provision of D.C. Law 22-254, see § 7162 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-254, see § 7162 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 311 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 311 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 311 of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 311 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 311 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 3(o) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).

Temporary Legislation

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

“(g) The Mayor shall issue proposed rules to implement the provisions of this act on or before June 30, 2007. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.”

“(5) For the purposes of this subsection, ownership shall be related if a deduction for a loss from the sale or exchange of properties between taxpayers would be disallowed under section 267 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 78; 26 U.S.C. § 267); provided, that the exclusion under section 267(a)(1) for a loss in a distribution in a complete liquidation shall not apply.

“(4) A vacant building benefitting from an exemption under this section or D.C. Official Code § 47-813(c-6)(2)(C) or (c-6)(3)(C), immediately preceding March 8, 2007, shall continue to benefit from the exemption and shall not be required to register or pay fees for the duration permitted under those provisions; provided, that the exemption shall not be valid after September 30, 2007; provided further, that the vacant building may qualify for an exemption in effect after March 8, 2007, and subject to the time restriction and exclusion set forth in paragraphs (2) and (3) of this subsection.

“(3) The limitations set forth in paragraphs (1) and (2) of this subsection shall not apply to vacant buildings that benefit from the exemption under subsection (b)(1), (b)(2), or (b)(5) of this section.

“(2) Notwithstanding paragraph (1) of this subsection, any exemption shall be terminated at the end of the 2007 real property tax year if the building under the same, substantially similar, or related ownership benefitted from an exemption under this section or under D.C. Official Code § 47-813(c-6) during 3 or more real property tax years.

“(f)(1) The cumulative time period for exemption from registration and fee requirements for a vacant building under the same, substantially similar, or related ownership shall not exceed 3 real property tax years.

“(9) For a period not to exceed 12 months, owned by a qualifying nonprofit housing organization under D.C. Official Code § 47-3505(a).”; in subsec. (e), substituted “30 days in the manner provided in section 499d(b-1) of An Act To establish a code of law for the District of Columbia, effective October 23, 1997 (D.C. Law 14-282; D.C. Official Code § 42-405(b-1))” for “30 days”; and added subsecs. (f) and (g) to read as follows:

“(8) For a period not to exceed 12 months, the subject of a pending application for a necessary approval for development before the Board of Zoning Adjustment, the Zoning Commission for the District of Columbia, the Commission on Fine Arts, the Historic Preservation Review Board, the Mayor’s Agent for Historic Preservation, or the National Capital Planning Commission; or

“(7) For a period not to exceed 24 months, the subject of a probate proceeding or the title is the subject of litigation (not including a foreclosure of the right of redemption action brought under Chapter 13A of Title 47 of the District of Columbia Official Code);

“(6) Occupied at the time of a fire, flood, or other casualty which occurred within the preceding 12 months and which was not intentionally caused by the owner;

“(5) Exempted by the Mayor in his or her sole discretion; provided, that the exemption may be withdrawn upon notice in the same manner as if the building were designated as vacant under section 11;

“(3) Under active construction or undergoing active rehabilitation, renovation, or repair, and there is a valid building permit to make the building fit for occupancy that was issued, renewed, or extended within 12 months of the required registration date;”

Section 3(c) of D.C. Law 17-102, in subsec. (b), in par. (4), substituted “8 months” for “one year from the initial listing, offer, or advertisement of sale, or 90 days from the initial listing, offer, or advertisement to rent”, and amended pars. (3) and (5) and added pars. (6), (7), (8), and (9) to read as follows:

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

“(g) The Mayor shall issue proposed rules to implement the provisions of this title on or before June 30, 2007. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.”

“(5) For purposes of this subsection, ownership shall be related if a deduction for a loss from the sale or exchange of properties between taxpayers would be disallowed under section 267 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 78; 26 U.S.C. § 267); provided, that the exclusion under section 267(a)(1) for a loss in a distribution in a complete liquidation shall not apply.

“(4) A vacant building benefitting from an exemption under this section or D.C. Official Code § 47-813(c-6)(2)(C) or (c-6)(3)(C), immediately preceding the effective date of the Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2006, passed on 2nd reading on December 19, 2006 (Enrolled version of Bill 16-1036), shall continue to benefit from the exemption and shall not be required to register or pay fees for the duration permitted under those provisions; provided, that the exemption shall not be valid after September 30, 2007; provided further, that the vacant building may qualify for an exemption in effect after the effective date of the Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2006, passed on 2nd reading on December 19, 2006 (Enrolled version of Bill 16-1036), and subject to the time restriction and exclusion set forth in paragraphs (2) and (3) of this subsection.

“(9) For a period not to exceed 12 months, owned by a qualifying nonprofit housing organization under D.C. Official Code § 47-3505(a).” In subsec. (e), substituted “30 days in the manner provided in section 499d(b-1) of An Act To establish a code of law for the District of Columbia, effective October 23, 1997 (D.C. Law 14-282; D.C. Official Code § 42-405(b-1)).” for “30 days”; and added subsecs. (f) and (g) to read as follows:

Section 3(c) of D.C. Law 16-259, in subsec. (b), in par. (4), substituted “8 months” for “one year from the initial listing, offer, or advertisement of sale, or 90 days from the initial listing, offer, or advertisement to rent”; and amended pars. (3) and (5), and added pars. (6), (7), (8), and (9) to read as follows:

For temporary (225 days) amendment of this section, see § 311 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 311 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 3(o) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).

Effect of Amendments

D.C. Law 18-223 rewrote subsecs. (b) and (h).

D.C. Law 17-216 rewrote the section.

D.C. Law 16-23, in subsec. (b)(3), substituted “and if there is a valid building permit that was issued within 60 days of the required registration date;” for “and if there is a valid building permit that was issued within 60 days of the required registration date; provided, that the scope of the permit is not limited to electrical or plumbing work; provided further, that this exemption shall not exceed one year from the date of issuance of the first building permit for rehabilitation, renovation or repair;”; and, in subsec. (b)(4), substituted “the owner or his agent has been actively seeking to rent or sell it;” for “the owner or his agent has been actively seeking to rent or sell it; provided, that the time period for sale or rent shall not exceed one year from the initial listing, offer, or advertisement of sale, or 90 days from the initial listing, offer, or advertisement to rent;”.

Section References

This section is referenced in § 42-3131.09, § 42-3131.10, § 42-3131.14, and § 47-813.

Applicability

Applicability of D.C. Law 22-254: § 5 of D.C. Law 22-254 provided that the change made to this section by § 2(a) of D.C. Law 22-254 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.

Applicability of D.C. Law 22-254: § 7162 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-254. Therefore the amendment of this section by D.C. Law 22-254 has been implemented.