1. (a) Any improved real property located within an economic development zone shall be qualified for tax and other development incentives if:

   1. (1) The qualification is recommended by the Mayor and approved by the Council, by resolution;
   2. (2) The real property is classified as Class 3 or Class 4 real property under § 47-813;
   3. (3) The real property is used in conformity with the zoning regulations; and

   4. (4)

      1. (A) Rehabilitation of the real property begins after October 20, 1988, and the actual costs of the rehabilitation of the property exceed 50% of the value of the property, as assessed by the Department of Finance and Revenue for the tax year ending immediately prior to commencement of the rehabilitation; or
      2. (B) Construction on the real property begins after October 20, 1988.

2. (b) The resolution approving the qualification for tax and other development incentives pursuant to subsection (a)(1) of this section shall:

   1. (1) Identify the qualified real property by lot and square;
   2. (2) Identify the owner or owners of the qualified real property;
   3. (3) Identify each tax or charge to be reduced, deferred, or forgiven;
   4. (4) State the applicable tax year or tax period for each tax or charge to be reduced, deferred, or forgiven; and
   5. (5) State the dollar amount of each tax or charge reduction, deferral, or forgiveness.

3. (c) The following tax and other development incentives shall be available to the owner of qualified real property:

   1. (1) A reduction in real property taxes as provided in § 47-815(f);
   2. (2) Deferral or forgiveness of any real property tax owed as provided in § 47-846.01;
   3. (3) Deferral or forgiveness of any special assessment owed as provided in § 47-1202.01;
   4. (4) Deferral or forgiveness of any cost or fee assessed to correct any condition that exists on real property in violation of law as provided in § 42-3131.01(e); and
   5. (5) Deferral or forgiveness of any water or sanitary sewer charges due as provided in §§ 34-2407.02 and 34-2110.

References in Text

The “An Act Relating to the levying and collecting of taxes and assessments”, referred to in subsection (c)(3), is 52 Stat. 1198.

The “District of Columbia Real Property Tax Revision Act of 1974”, referred to in subsection (c)(2), is 88 Stat. 1051.

History

Oct. 20, 1988, D.C. Law 7-177, § 4, 35 DCR 6158

Editor's Notes

King Office Limited Partnership Real Property Tax Abatement Forgiveness Qualification disapproval Resolution of 1996: Pursuant to Resolution 11-565, effective November 7, 1996, Council disapproved the Mayor’s recommendation that real property taxes be forgiven and abated for the King Office Limited Partnership’s newly constructed office building at 3720 Martin Luther King, Jr., Avenue, S.E., Washington, D.C., pursuant to the Economic Development Zone Incentives Amendment Act of 1988.

Transfer of Functions

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Prior Codifications

1981 Ed., § 5-1403.

Section References

This section is referenced in § 34-2110, § 34-2407.02, § 42-3131.01, § 47-815, § 47-846.01, and § 47-1202.01.

Cross References

Water and sanitary sewer service charges, deferral or forgiveness, see § 34-2407.02.

Submission and publication of proposed rates and certain assessed values, see § 47-815.

Special assessments, deferral or forgiveness, see § 47-1202.01.

Sanitary sewer service charges, deferral or forgiveness, see § 34-2110.

Property tax, deferral or forgiveness, see § 47-846.01.

Deferral of costs or fees by mayor, see § 42-3131.01.