6403.1 In order to be considered for the award of a tax abatement under this chapter, a developer shall submit an application to DHCD. The application shall be in such a form and include such information as may be required by DHCD.

6403.2 An application for a tax abatement under this chapter may be submitted by a developer only in response to a competitive process initiated by DHCD. The competitive process shall set forth the requirements of an application and the standards by which applications will be reviewed and tax abatement reservations granted.

6403.3 Each application shall include:

1. (a) The name of the owner of the development;
2. (b) The eligible area in which the development is located;
3. (c) The address or addresses of the development;
4. (d) The square and lot number(s) of the development;
5. (e) The total number of residential units that have been or will be developed or redeveloped as part of the development;
6. (f) The total number of affordable residential units that have been or will be developed or redeveloped as part of the development;
7. (g) For each such affordable residential unit, the number of bedrooms in the unit and the Median Family Income level of affordability for the unit;
8. (h) An acknowledgment that the affordable residential units shall be administered in the same manner as, and pursuant to the same rules and standards of, Inclusionary Units for the term of the tax abatement;
9. (i) A statement that the attachments required by section 6403.4 of this chapter have been submitted as part of the application; and
10. (j) The annual dollar amount of tax abatement requested.

6403.4 The application shall also include the following attachments:

(a) The documents required by section 6403.3 of this chapter;

(b) Three (3) dated photographs of the development taken within the thirty (30) day period that precedes the date of submission of the developer's application;

(c) If applicable, a copy of the agreement the developer executed, or will execute, with DSLBD requiring the developer to, at a minimum, contract with certified business enterprises for at least thirty-five percent (35%) of the contract dollar volume of the construction and operations of the development, in accordance with section 2346 of the Certified Business Enterprise Act (D.C. Official Code § 2-218.46), and a certification from DSLBD that the developer met the requirements of the CBE agreement.

(d) An area map showing the boundaries of the eligible area with the development identified by a location arrow;

(e) A copy of the certificate of occupancy for the development or the estimated date a certificate of occupancy for the development will be issued;

(f) A copy of the First Source Agreement for the operations of the development executed, or that will be executed, with DOES and a certification from DOES that the developer is in compliance with the requirements of that agreement, as applicable;

(g) A calculation of the annual dollar amount of tax abatement being requested supported by a pro forma or other financial analysis; and

(h) A copy of the deed evidencing fee simple ownership, the applicable lease, or the contract of sale.

SOURCE: Final Rulemaking published at 69 DCR 001348 (February 18, 2022).