2206.1 The provisions of this section govern the process by which:

1. (a) The owner of a For Sale Inclusionary Development or For Sale Inclusionary Unit fulfills its obligation to notify the Department of Housing and Community Development that an Inclusionary Unit is available for purchase; and
2. (b) The owner of a Rental Inclusionary Development fulfills its obligation to notify the Department of Housing and Community Development that an Inclusionary Unit is available for lease.

2206.2 An Owner shall provide the notification described in § 2206.1 to the Department of Housing and Community Development by filing a written Notice of Availability in accordance with the provisions of this section.

2206.3 An Inclusionary Development Owner shall file the initial Notice of Availability for an Inclusionary Unit at least forty-five (45) days before the date the Inclusionary Development Owner expects to apply for a certificate of occupancy for the Inclusionary Unit.

2206.4 An Owner of a Rental Inclusionary Unit shall file all subsequent Notices of Availability no later than ten (10) days after a Tenant gives notice of its intent to vacate the Inclusionary Unit, including a notice of intent provided pursuant to § 2216.1, or the Owner becomes aware that the Tenant has vacated or will vacate the Inclusionary Unit, whichever is earliest.

2206.5 An Owner of a For Sale Inclusionary Unit shall file all subsequent Notices of Availability at least forty-five (45) days before the date the Owner intends to market the Inclusionary Unit to eligible Households or, if the Inclusionary Unit is to be offered pursuant to a lottery performed pursuant to § 2210, at least thirty-five (35) days before the Owner wishes to have the lottery conducted.

2206.6 The Notice of Availability shall include:

1. (a) The Inclusionary Unit's street address and unit number;
2. (b) The estimated date upon which the Inclusionary Unit will be available for occupancy;
3. (c) If the Inclusionary Unit is a Rental Inclusionary Unit, a copy of the proposed lease to be furnished to an eligible Household, which shall be for at least a one (1)-year term and which shall both include the following terms and shall state that the following terms are material

terms of the lease:

1. (1) The Tenant shall provide a Certification of Income, Affordability, and Housing Size in accordance with § 2216.1;

2. (2) The Tenant shall provide a Declaration of Eligibility in accordance with § 2216.1;

3. (3) The Tenant shall maintain its eligibility for the Inclusionary Unit based on the Tenant's Household Size and Annual Income requirements;

4. (4) The Tenant shall provide the information and documents required by § 2216.1 within the time period specified by § 2216.1

5. (4) The Inclusionary Unit shall be the principal residence of all adult persons who occupy the Inclusionary Unit; and

6. (5) The Tenant shall not make intentional misrepresentations to the Department of Housing and Community Development or the Certifying Entity;(d) For each initial Notice of Availability for a For Sale or Rental Inclusionary Unit, a list of any optional or required upfront or recurring fees and costs, including but not limited to condominium, cooperative, or homeowner association fees and fees or costs for amenities, services, upgrade options, or parking. For each such fee or cost, the following information shall be provided:1. (1) The amount of the fee or cost;

2. (2) A description of the fee or cost and how it will be charged; and

3. (3) If applicable, the budget for the condominium, cooperative, or homeowner association, the condominium, cooperative, or homeowner association fee for each Market Rate Unit and each Inclusionary Unit, and the formula by which such fee is assessed;(e) For each subsequent Notice of Availability for a For Sale or Rental Inclusionary Unit, a list of any required upfront or recurring fees and costs, including but not limited to condominium, cooperative, or homeowner association fees and fees or costs for amenities, services, upgrade options, or parking, and the amount of each such fee or cost;

(f) For each subsequent Notice of Availability for a For Sale Inclusionary Unit, an itemized list of all capital improvements and upgrades made to the Inclusionary Unit that the Owner wishes the Department of Housing and Community Development to consider when establishing the Maximum Resale Price pursuant to § 2218. The Inclusionary Unit Owner shall document each cost or value claimed with receipts, contracts, or other supporting evidence;

(g) For each subsequent Notice of Availability for a Rental Inclusionary Unit, the method by which a Household shall be selected for the rental or sale of the Inclusionary Unit, which method shall be consistent with § 2208;

(h) Such other information as may be required by the Department of Housing and Community Development.

2206.7 Within twenty-four (24) hours after the Owner files a Notice of Availability, the Owner shall register the Inclusionary Unit for which the Notice of Availability was filed with the housing locator website established by the District pursuant to the Affordable Housing Clearinghouse Directory Act of 2008, effective August 15, 2008 (D.C. Law 17-215; 55 DCR 5313).

SOURCE: As amended by Final Rulemaking published at 56 DCR 3907 (May 15, 2009).