Code of the District of Columbia

Subchapter I. General.


§ 6–1001. Findings and objectives.

(a) The Council finds and declares that the District of Columbia faces critical social, economic, and environmental problems arising in significant measures from:

(1) The concentration of poverty in areas of the city;

(2) Overcrowding and deterioration of housing, exacerbated by inadequate construction of new units for the growing number of households, and inadequate resources to provide for the rehabilitation of existing units for use by residents of the affected areas;

(3) Inadequate and inappropriate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment; and

(4) Lack of essential commercial facilities and services in many of the city’s communities; and

(5) Need to improve the overall quality of the urban environment for the people of the District of Columbia.

(b) The Council further finds and declares that the future welfare of the District of Columbia and the well-being of its citizens depend on the establishment and maintenance of the District of Columbia as a viable physical, social, economic, and political community, and require for the benefit of the communities being directly affected:

(1) Systematic and sustained action to eliminate blight, to conserve and renew aging urban neighborhoods, to improve the living environment of low and moderate income families, and to develop new residential and economic activity centers throughout the District;

(2) Substantial expansion of and greater continuity in the scope and level of federal and local financial assistance together with increased private investment in support of community development activities;

(3) Continuing effort at all levels of government to develop programs to meet identified needs and to improve the functioning of departments and agencies responsible for planning, implementing, and evaluating community development efforts;

(4) Ongoing assistance to the secondary market for residential mortgages on housing for low-and moderate-income families by increasing the liquidity of mortgage investments and reinvesting investment proceeds for residential mortgage financing; and

(5) Management and liquidation of District of Columbia owned mortgage portfolios in an orderly manner in accordance with procurement requirements, with minimum loss to the District government.

(c) The primary objective of this subchapter is the maintenance and development of the District of Columbia as a viable urban community, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Consistent with this primary objective the subchapter provides for the support of community development activities which are directed toward the following specific objectives:

(1) The elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community;

(2) The elimination of conditions which are detrimental to health, safety, and public welfare and the establishment of programs to protect and improve the quality of the urban environment;

(3) The conservation and expansion of the District’s housing stock in order to provide a suitable living environment for all persons, principally those of low and moderate income;

(4) The expansion and improvement of the quantity and quality of community services, particularly for persons of low and moderate income, which are essential for sound community development and for the development of a viable urban community;

(5) A more rational utilization of land and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers;

(6) The reduction of the isolation of income groups within the community and the promotion of an increase in the diversity and vitality of neighborhoods through the expansion of housing opportunities for persons of low and moderate income, particularly those with large families;

(7) The restoration and preservation of properties of special value for historic, architectural, or esthetic reasons;

(8) The establishment of data-gathering, planning, policy, and program development which will ensure effective monitoring of and programming responsive to the changing numbers, characteristics, and needs of the people of the District of Columbia;

(9) The continuation of development activities in those areas previously covered by urban renewal or neighborhood development plans until completed; and

(10) Promote access to mortgage credit throughout the District of Columbia by increasing the liquidity of mortgage investments and improving the distribution of investment capital available for low-and moderate-income persons to acquire residential mortgage financing.

(d) Following the approval of a Community Development Program in such areas as the Council of the District of Columbia, upon recommendation of the Mayor, shall designate, the Mayor is authorized to prohibit any new construction in any area designated for this purpose as a community development area in a Community Development Program; new construction includes substantial remodeling, conversion, rebuilding, and enlargement or extension of major structural improvements on existing buildings, but does not include ordinary maintenance, remodeling, or changes necessary to continue occupancy.


(Dec. 16, 1975, D.C. Law 1-39, § 2, 22 DCR 3436; Feb. 26, 1981, D.C. Law 3-115, § 3, 27 DCR 5630; June 11, 1999, D.C. Law 13-9, §§ 2(a), (b), 46 DCR 3640.)

Prior Codifications

1981 Ed., § 5-901.

1973 Ed., § 5-1001.

Effect of Amendments

D.C. Law 13-9, in subsec. (b), struck the word “and” following “activities” in par. (2), substituted a semicolon for the period following “efforts” in par. (3), and added pars. (4) and (5); and, in subsec. (c), struck the word “and” following “Columbia;” in par. (8), substituted “; and” for the final period in par. (9), and added par. (10).

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(a) and (b) of the Community Development Program Emergency Amendment Act of 1998 (D.C. Act 12-557, January 12, 1999, 45 DCR 635).

For temporary (90-day) amendment of section, see § 2(a), (b) of the Community Development Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-61, May 10, 1999, 46 DCR 4451).

For temporary (90 days) addition of the DC Beautiful Pilot Program, see § 2142 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) addition of the Strategic Plans for Economic Opportunity in Ward 7 and Ward 8, see § 2152 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a), (b) of Community Development Program Temporary Amendment Act of 1998 (D.C. Law 12-246, April 20, 1999, law notification 46 DCR 4159).

Editor's Notes

Capitol Gateway Project: D.C. Law 4-84 provided that new construction, substantial rehabilitation, subdivision formation, or street and alley closings in the Capitol Gateway Project area is prohibited.

Minor Modification of CD-15 Through Cd-23 Program Years Under the Community Development Block Grant Program Emergency Approval Resolution of 1998: Pursuant to Resolution 12-498, effective May 5, 1998, the Council approved a modification of CD-15 through CD-23 program years under the Community Development Block Grant Program administered by the Department of Housing and Community Development.

Section 2142 of D.C. Law 21-36 provided: “DC Beautiful Pilot Program.

“(a) The Office of Planning shall create a one-year pilot program during Fiscal Year 2016 to beautify 2 or more street segments in Ward 7 or Ward 8 that are not located in a Business Improvement District, as that term is defined in section 3(7) of the Business Improvements Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Official Code Section 2-1215.02(7)).

“(b) For the pilot program, the Office of Planning shall allocate 2 employees who shall design, plan, and coordinate efforts of private actors and government agencies to beautify the selected street segments by, at a minimum:

“(1) Engaging community members and local businesses to determine priorities for beautification;

“(2) Soliciting private organizations for resources and assistance; and

“(3) Identifying and coordinating beautification services from various District agencies to:

“(A) Increase the number of tree boxes and planters;

“(B) Abate graffiti;

“(C) Survey the designated area to ensure an adequate number of trash and recycle bins;

“(D) Maintain bus shelters and triangle parks;

“(E) Landscape tree boxes, planters, and triangle parks; and

“(F) Clean up litter.”

Section 2152 of D.C. Law 21-36 provided:

“Strategic Plans for Economic Opportunity for Ward 7 and Ward 8.

“(a) In Fiscal Year 2016, the Deputy Mayor for Greater Economic Opportunity is authorized to prepare, publish, and submit to the Council a comprehensive Strategic Plan for Economic Development for Ward 7 and a comprehensive Strategic Plan for Economic Development for Ward 8, no later than September 30, 2016.

“(b) The plans required by this section shall:

“(1) Include analysis of data related to education, housing, employment, transit, and economic development in each ward;

“(2) Include a needs assessment for each ward that takes into account existing data;

“(3) Include analysis of strategies that have been successful in spurring economic development in similar communities within the District and across the country;

“(4) Include specific recommendations for improvements in the areas of education, housing, employment, transit, and economic development; and

“(5) Include assessments of and recommendations to achieve viability of existing commercial corridors in each ward.

“(c) The plans required by this section shall identify any new legislation necessary to implement its recommendations and provide recommendations concerning how to fund the provisions of the plan.”

Mayor's Orders

Delegation of functions with respect to Capital City Business and Industrial Park: See Mayor’s Order 85-125, July 18, 1985.

Amendment of Mayor’s Order 85-125, delegation of functions with respect to Capital City Business and Industrial Park: See Mayor’s Order 88-64, March 15, 1988.


§ 6–1002. Community Development Program — Annual preparation and submission to Council; content; public hearings.

(a) The Mayor annually shall prepare and submit to the Council a proposed Community Development Program (as such program is defined or may hereafter be defined in title I of the Housing and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.], which:

(1) Sets forth a summary of a 3-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short-and long-term community development objectives which have been developed in accordance with area-wide development planning and national urban growth policies;

(2) Describes a program which:

(A) Includes the activities to be undertaken to meet the identified community development needs and objectives, together with the estimated costs and location of such activities;

(B) Indicates the resources which are proposed to be made available toward meeting the identified needs and objectives;

(C) Indicates the environmental review status of proposed community development activities; and

(D) Includes activities designed to maximize the use and availability of funds designated to support community development projects;

(3) Describes a program designed to:

(A) Eliminate or prevent slums, blight, and deterioration where such conditions or needs exist;

(B) Provide improved community facilities and public improvements, including the provision of supporting health, social, and similar services where necessary and appropriate; and

(C) Clean and redevelop contaminated property areas as defined in § 2-1217.01;

(4) Includes a housing assistance plan which:

(A) Accurately surveys the condition of the housing stock in the community and defines the housing assistance needs of lower-income persons, including elderly persons and persons with disabilities, large families, persons living in overcrowded conditions, persons paying more than 25% of their income for rent, and persons displaced or to be displaced, residing in or expected to reside in the community during the implementation of the plan;

(B) Specifies a realistic annual goal for the number of dwelling units or persons to be assisted, including:

(i) The proposed number of new, rehabilitated, and existing dwelling units; and

(ii) The sizes and types of housing units and assistance proposed to meet the needs of lower-income persons in the community as defined in the plan; and

(C) Indicates the general locations of proposed housing for lower-income persons, with the objective of:

(i) Furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible;

(ii) Promoting greater choice of housing opportunities and avoiding concentrations of assisted persons in areas containing a high proportion of low-income persons; and

(iii) Assuring the availability of public facilities and services adequate to serve proposed housing projects; and

(5) Includes such other materials, certifications, and assurances as may be required by law or regulation as conditions for financial assistance under the Housing and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.], and any other such requirements as may be specified by District of Columbia law.

(b) In preparing the proposed Community Development Program, the Mayor shall:

(1) Provide citizens with all information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements;

(2) Hold at least 2 public hearings to obtain the views of citizens on community development and housing needs; and

(3) Provide citizens a full and meaningful opportunity to participate in the planning, development and evaluation of the annual Community Development Program and any amendments or modifications thereto.

(c) Prior to the exercise of any powers granted by this subchapter, the Mayor shall have submitted the proposed Community Development Program to the Council, and the Council shall have approved the same by resolution following a public hearing thereon; provided, that the Council may approve the program with conditions and the program as so conditioned shall be the approved Community Development Program; and provided further, that an approved Community Development Program may be modified at any time in accordance with the procedures herein prescribed for its original approval. Notwithstanding the above, the Mayor shall have the authority to make minor modifications consistent with the intent of the approved program, only after such modifications have been submitted to the Council and have not been disapproved within 30 days, except that the Council may approve such modifications before the 30-day period has expired. The 30-day period for Council review shall not include Saturdays, Sundays, legal holidays, or days that pass during a recess of the Council.


(Dec. 16, 1975, D.C. Law 1-39, § 3, 22 DCR 3439; Aug. 1, 1985, D.C. Law 6-15, § 10, 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-192, § 22, 33 DCR 7836; June 11, 1999, D.C. Law 13-9, § 2(c), 46 DCR 3640; June 13, 2001, D.C. Law 13-312, § 705(c), 48 DCR 3804; Apr. 24, 2007, D.C. Law 16-305, § 21(a), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 5-902.

1973 Ed., § 5-1002.

Section References

This section is referenced in § 6-1004 and § 6-1006.

Effect of Amendments

D.C. Law 13-9, in par. (a)(2), struck the word “and” following “appropriate;” in subpar. (B), substituted “; and” for the semicolon in subpar. (C), and added subpar. (D).

D.C. Law 13-312, in par. (3) of subsec. (a), added subpar. (C).

D.C. Law 16-305, in subsec. (a)(4)(A), substituted “persons and persons with disabilities” for “and handicapped persons”.

Cross References

Eminent domain, see § 2-1219.19.

Intragovernmental cooperation, see § 2-1219.27.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2 of the District of Columbia Community Development Act of 1975 Emergency Amendment Act of 1991 (D.C. Act 9-91, October 21, 1991, 38 DCR 6576).

For temporary (90-day) amendment of section, see § 2(c) of the Community Development Program Emergency Amendment Act of 1998 (D.C. Act 12-557, January 12, 1999, 45 DCR 635).

For temporary (90-day) amendment of section, see § 2(c) of the Community Development Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-61, May 10, 1999, 46 DCR 4451).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of Community Development Program Temporary Amendment Act of 1998 (D.C. Law 12-246, April 20, 1999, law notification 46 DCR 4159).

References in Text

The Housing and Community Development Act of 1974, referred to in the introductory language and in paragraph (5) of subsection (a) of this section, is the Act of August 22, 1974, 88 Stat. 633, Pub. L. 93-383.

Editor's Notes

Community Development Block Grant Program: Pursuant to Resolution 5-766, the “Community Development Block Grant Program Resolution of 1984,” effective June 26, 1984, the Council approved the final statement of community development objectives and projected use of funds for the Tenth Year Community Development Block Grant Program and authorized the filing of the final statement.

Pursuant to Resolution 6-242, the “Community Development Block Grant Program Resolution of 1985,” effective July 9, 1985, the Council approved the final statement of community development objectives and projected use of funds for the Eleventh Year Community Development Block Grant Program, authorized the filing of the final statement, and approved modifications to the Sixth, Seventh, Eighth, Ninth, and Tenth Year Community Development Block Grant Programs.

Pursuant to Resolution 7-83, the “Community Development Block Grant Program Resolution of 1987,” effective July 14, 1987, the Council approved final statement of community development objectives and projected use of funds for the Thirteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Thirteenth Year Community Development Block Grant Program Description, and approved modifications to the final statement of community development objectives and projected use of funds for the Twelfth Year Community Development Block Grant Program.

Pursuant to Resolution 7-288, the “Community Development Block Grant Program Approval and Disapproval Resolution of 1988”, effective July 12, 1988, the Council approved the District of Columbia’s final statement of community development objectives and projected use of funds for the Fourteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fourteenth Year Community Development Block Grant Program Description, approved budget modifications for the Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Year Community Development Block Grant Programs, approved modifications of Construction Assistance Program activities included in the Thirteenth Year Final Statement of Community Development Objectives and Projected Use of Funds and the Thirteenth Year Community Development Block Grant Program, and approved a modification to the 13th Year Community Development Block Grant Program Description.

Pursuant to Resolution 8-73, the “Community Development Block Grant Program Approval Resolution of 1989”, effective July 11, 1989, the Council approved the final statement of community development objectives and projected use of funds for the Fifteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fifteenth Year Community Development Block Grant Program Description, and approved reprogramming of funds and budget revisions for the Second, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth Year Community Development Block Grant Programs.

Pursuant to Resolution 8-256, the “Community Development Block Grant Program Approval Resolution of 1990”, effective July 27, 1990, the Council approved the proposed District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Sixteenth Year Community Development Block Grant Program, authorized the filing of the final statement with the United States Department of Housing and Urban Development, approved the Sixteenth Year Community Development Block Grant Program Description, and approved reprogramming of funds and budget revisions for the Fifteenth Year Community Development Block Grant Program and modification of the Fifteenth Year Final Statement.

Community Development Block Grant Program Emergency Approval Resolution of 1991: Pursuant to Resolution 9-91, effective July 19, 1991, the Council approved, on an emergency basis, the proposed District of Columbia’s Final Statement of Community Development objectives and projected use of funds; authorized the filing of the final statement; approved the program description, and approved reprogramming of funds, budget revisions, and modification of the final statement.

Comprehensive Housing Affordability Strategy Emergency Approval Resolution of 1991: Pursuant to Resolution 9-141, effective November 22, 1991, the Council approved, on an emergency basis, with conditions, the District of Columbia’s comprehensive housing affordability strategy.

Community Development Block Grant Program Nineteenth Year Emergency Approval Resolution of 1993: Pursuant to Resolution 10-120, effective August 6, 1993, the Council approved, on an emergency basis, the District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Nineteenth Year Community Development Block Grant Program, authorized the filing of the final statement with the United States Department of Housing and Urban Development, and approved the Nineteenth Year Community Development Block Grant Program Description.

Community Development Block Grant Program Twentieth Year Approval Resolution of 1994: Pursuant to Resolution 10-348, effective May 3, 1994, the Council approved the District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Twentieth Year Community Development Block Grant Program; authorized the filing of the final statement with the United States Department of Housing and Urban Development; and approved the Twentieth Year Community Development Block Grant Program Description.

CD-18 and Prior Year Reprogramming Emergency Approval Resolution of 1994: Pursuant to Resolution 10-378, effective June 7, 1994, the Council approved, on an emergency basis, the District of Columbia’s reprogramming of funds for the Eighteenth Year Community Development Block Grant Program and prior years and authorized the filing of the reprogramming with the United States Department of Housing and Urban Development.

Consolidated Plan and CD-19 Program Modification Approval Resolution of 1995: Pursuant to Resolution 11-99, effective July 11, 1995, the Council approved the Consolidated Plan for the District of Columbia, which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development, for the Years 1996 to 2000, and a Program Modification for the Nineteenth Year Community Development Program (CD-19).

FY 1997 Action Plan approval Resolution of 1996: Pursuant to Resolution 11-415, effective July 3, 1996, Council approved the Fiscal Year 1997 Action Plan of the Consolidated Plan for the District of Columbia which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development for the Twentieth Second Year Community Development Program (CD-22).

Fiscal Year 1999 Action Plan Approval Resolution of 1998: Pursuant to Resolution 12-590, effective July 7, 1998, the Council approved the Fiscal Year 1999 Action Plan of the Consolidated Plan for the District of Columbia which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development for the Twenty-Fourth Year Community Development Program.

Resolutions

Resolution 14-157, the “Consolidation Plan for the District of Columbia, Fiscal Year 2002 Action Plan Approval Resolution of 2001”, was approved effective July 10, 2001.

Resolution 14-487, the “Consolidated Plan for the District of Columbia, FY 2003 Action Plan, Approval Resolution of 2002”, was approved effective June 28, 2002.

Resolution 15-127, the “Consolidated Plan for the District of Columbia, Fiscal Year 2004 Action Plan, Approval Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-600, the “Consolidated Plan for the District of Columbia, Fiscal Year 2005 Action Plan Approval Resolution of 2004”, was approved effective July 13, 2004.

Resolution 15-602, the “The Fiscal Year 2004 Consolidated Plan Action Plan Amendment Authorizing the Use of Section 108 Loan Guarantee Funds for the Skyland Community Development Block Grant Section 108 Loan Guarantee Application Resolution of 2004”, was approved effective July 13, 2004.

Resolution 16-216, the “Consolidated Plan for the District of Columbia, Fiscal Years 2006-2010 and the Fiscal Year 2006 Action Plan Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-689, the “Consolidated Plan for the District of Columbia, Fiscal Year 2007 Action Plan, Approval Resolution of 2006”, was approved effective July 20, 2006.

Resolution 16-921, the “Minor Modification to the Consolidated Plan for the District of Columbia, Fiscal Year 2007 Action Plan, Approval Resolution of 2006”, was approved effective December 2, 2006.

Resolution 17-272, the “FY 2008 Consolidated Annual Action Plan for the District of Columbia Approval Resolution of 2007”, was approved effective July 10, 2007.


§ 6–1003. Community Development Program — Activities permitted.

An approved Community Development Program may include the following activities:

(1) The acquisition of real property (including air rights, water rights, and other interests therein) which is:

(A) Blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth;

(B) Appropriate for rehabilitation or conservation activities;

(C) Appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development;

(D) To be used for the provision of public works, facilities, and improvements; or

(E) To be used for other purposes;

(2) The acquisition, construction, reconstruction, or installation of public works, facilities, and site or other improvements — including neighborhood facilities, senior centers, historic properties, utilities, streets, street lights, water and sewer facilities, foundations and platforms for air right sites, pedestrian malls and walkways, and parks, playgrounds, and recreation facilities, flood and drainage facilities, parking facilities, solid waste disposal facilities, and fire protection services and facilities;

(3) Code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area;

(4) Clearance, demolition, removal, and rehabilitation of buildings and improvements, including:

(A) Interim assistance to alleviate harmful conditions in which immediate public action is needed;

(B) Financing rehabilitation of privately owned properties through the use of direct loans, loan guarantees, grants, and other means when in support of Community Development Program objectives; and

(C) Demolition and modernization of publicly owned low-rent housing when necessary to protect health, safety, and the public welfare;

(5) Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly persons and persons with disabilities;

(6) Payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by program activities under this subchapter;

(7) Disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to title, provided that the proceeds of any such disposition shall be expended only for approved Community Development Program activities;

(8) Provision of public services not otherwise available in areas where other activities authorized by this subchapter are being carried out in a concentrated manner, if such services are determined to be necessary or appropriate to support such other activities, and if such services are directed toward:

(A) Improving the community’s public services and facilities, including those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons residing in such areas; and

(B) Coordinating public and private development programs;

(9) Payment of the non-federal share required in connection with the federal grant-in-aid program undertaken as part of the Community Development Program subject to appropriations restrictions if any;

(10) Payment of the cost of completing a project funded under title I of the Housing Act of 1949 [42 U.S.C. § 5301 et seq.];

(11) Relocation payments and assistance for individuals, families, businesses, organizations, and farm operations displaced by activities authorized by this subchapter;

(12) Activities necessary:

(A) To develop a comprehensive community development plan; and

(B) To develop a policy-planning-management capacity so that the District of Columbia may more rationally and effectively:

(i) Determine its needs;

(ii) Set long-term goals and short-term objectives;

(iii) Devise programs and activities to meet these goals;

(iv) Evaluate the progress of such programs in accomplishing these goals and objectives; and

(v) Carry out management, coordination, and monitoring of activities necessary for effective planning implementation;

(13) Payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are proposed;

(13A) The selling, at private or public sale, with public bidding, of any mortgage or other obligation held under the Community Development Program; and

(14) Any activity made eligible for financial assistance by the Housing and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.], or any amendment thereto.


(Dec. 16, 1975, D.C. Law 1-39, § 4, 22 DCR 3443; June 11, 1999, D.C. Law 13-9, § 2(d), 46 DCR 3640; Apr. 24, 2007, D.C. Law 16-305, § 21(b), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 5-903.

1973 Ed., § 5-1003.

Section References

This section is referenced in § 6-1004.

Effect of Amendments

D.C. Law 13-9, in par. (13), struck the word “and” following “proposed;” and added par. (13A).

D.C. Law 16-305, in par. (5), substituted “persons and persons with disabilities” for “and handicapped persons”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(d) of the Community Development Program Emergency Amendment Act of 1998 (D.C. Act 12-557, January 12, 1999, 45 DCR 635).

For temporary (90-day) amendment of section, see § 2(d) of the Community Development Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-61, May 10, 1999, 46 DCR 4451).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(d) of Community Development Program Temporary Amendment Act of 1998 (D.C. Law 12-246, April 20, 1999, law notification 46 DCR 4159).

For temporary (225 day) addition, see § 2 of Comprehensive Housing Strategy Temporary Act of 2003 (D.C. Law 15-52, December 9, 2003, law notification 51 DCR 1787).

References in Text

Title I of the Housing Act of 1949, referred to in paragraph (10) of this section, is title I of the Act of July 15, 1949, 63 Stat. 414, ch. 338.

The Housing and Community Development Act of 1974, referred to in paragraph (14) of this section, is the Act of August 22, 1974, 88 Stat. 633, Pub. L. 93-383.


§ 6–1004. Community Development Program — Implementation.

(a) After the approval of a Community Development Program by the Council pursuant to § 6-1002, the Mayor is authorized to submit to the Secretary of Housing and Urban Development an application, meeting the requirements of the Housing and Community Development Act of 1974 and regulations issued pursuant thereto or amendments thereof, for financial assistance to implement said program. In connection therewith, the Mayor is authorized to:

(1) Consent to assume the status of a responsible federal official under the National Environmental Policy Act of 1969 [42 U.S.C. § 4321 et seq.];

(2) Consent, on behalf of the District government and himself, to accept the jurisdiction of the federal courts for the purpose of enforcement of his responsibilities as such an official;

(3) Give such other pledges, assurances, and certifications as may be required by the Housing and Community Development Act of 1974 and regulations issued pursuant thereto or amendments thereof; and

(4) Accept grants, gifts, donations, bequests, and services from any source to assist in carrying out any of the purposes of this subchapter.

(b) In implementing an approved Community Development Program the Mayor is authorized to perform or conduct any of the activities described in § 6-1003 and to do all other things necessary to carry out the intent of such program in accordance with any existing provisions of law not inconsistent herewith. Any power granted to the Mayor or any officer, employee, agency, or instrumentality of the District government by any other law may, in addition to the purposes specified therein, be exercised in furtherance of the carrying out of an approved Community Development Program.

(c) Powers and functions vested in the Mayor by this subchapter may be delegated by him to any officer, employee, agency, or instrumentality of the District government by administrative order, and any officer, employee, agency, or instrumentality so designated is authorized to perform the same in accordance with the terms of the delegation.

(d) The Mayor is authorized to issue, amend, and revoke such rules and regulations as he deems necessary to carry out the purposes of this subchapter.

(e) Under the Community Development Program, the Mayor may offer Community Development Program loans for sale on the secondary market in order to generate additional funds to make more loans available to low-and moderate-income persons.

(f)(1) The sale of mortgages under this section shall be confined, so far as practicable, to mortgages which are deemed by the Mayor to be of such quality, type, and class as to meet, generally, the purchase standards imposed by private institutional mortgage investors. The establishment of the sale price in the secondary market shall be consistent with the expectation that such sale be effected only at such price and on such terms as will reasonably prevent excessive loss to the District government and prevent excessive use of the District’s assets.

(2) The establishment of the sale price shall be submitted to the Council for a 14-day period of review, excluding days of Council recess, beginning on the day that the resolution is transmitted by the Mayor and received by the Chairman of the Council. To initiate a disapproval of the sale price submitted to the Council, a member of the Council shall, within the 14-day period, file a written notice of disapproval with the Secretary to the Council. If this notice is given, the Council may consider and take final action to disapprove the resolution within 30 days after the notice has been filed. If the Council does not adopt a resolution disapproving the established sale price, then the resolution will be deemed approved.


(Dec. 16, 1975, D.C. Law 1-39, § 5, 22 DCR 3448; June 11, 1999, D.C. Law 13-9, § 2(e), 46 DCR 3640.)

Prior Codifications

1981 Ed., § 5-904.

1973 Ed., § 5-1004.

Effect of Amendments

D.C. Law 13-9 added subsecs. (e) and (f).

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(e) of the Community Development Program Emergency Amendment Act of 1998 (D.C. Act 12-557, January 12, 1999, 45 DCR 635).

For temporary (90-day) amendment of section, see § 2(e) of the Community Development Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-61, May 10, 1999, 46 DCR 4451).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(e) of Community Development Program Temporary Amendment Act of 1998 (D.C. Law 12-246, April 20, 1999, law notification 46 DCR 4159).

References in Text

The Housing and Community Development Act of 1974, referred to in the first sentence in the introductory paragraph and in paragraph (3) of subsection (a) of this section, is the Act of August 22, 1974, 88 Stat. 633, Pub. L. 93-383.

The National Environmental Policy Act of 1969, referred to in paragraph (1) of subsection (a) of this section, is the Act of January 1, 1970, 83 Stat. 852, Pub. L. 91-190.


§ 6–1005. Acquisition and disposition of real property.

(a) Real property acquired for the purposes of this subchapter shall be acquired pursuant to subchapter II of Chapter 13 of Title 16. No such property shall be acquired unless its acquisition be authorized by the Council after notice of public hearing.

(b) Real property may also be acquired through gift, donation, bequest, assignment, or voluntary sale by the owner.

(c)(1) For the purposes of this subchapter, the Mayor may dispose of any real property owned by the District of Columbia by negotiation or public or private bid, on such terms and conditions as he deems necessary to accomplish the purposes of the subchapter with the consent of the Council, provided that prior to any such disposition there shall be a public hearing on the proposed terms and conditions after at least 30 days public notice. A proposed disposition shall be in accordance with § 10-801(c)-(e). Each proposed disposition shall be submitted to the Council for approval, in whole or in part, by resolution.

(2) The proposed resolution to provide for the disposition of real property pursuant to paragraph (1) of this subsection shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed disposition of the property, in whole or in part, by resolution within the 90-day period, the proposed resolution shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.

(2A)(A) Approval of the resolution pertaining to the disposition or offering document by the Council under paragraph (1) of this subsection shall expire one year after the effective date of the approval resolution unless an exclusive right agreement has been executed, subject to the provisions of this section. If the Mayor determines before the end of the one-year period that the property cannot be disposed of, or that an exclusive right agreement pertaining to the property cannot be executed, within the one-year period, the Mayor may submit to the Council, no later than 30 days, not including Saturdays, Sundays, legal holidays or days of Council recess, before the end of the one-year period, a resolution seeking additional time for the execution of an exclusive right agreement pertaining to the property. The resolution shall include a detailed status report on efforts made toward execution of an exclusive right agreement pertaining to the property and the reasons for the inability to execute an exclusive right agreement pertaining to the property within the one-year period. If the Council does not take action to approve or disapprove the resolution within 30 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or days of Council recess, the resolution shall be deemed approved.

(B)(i) If an exclusive right agreement is executed pertaining to property to be disposed of under this section, the agreement shall expire one year after the date of execution of the agreement unless:

(I) A land disposition agreement has been executed, subject to the provisions of this section; or

(II) The Mayor grants an extension of the expiration date, not to exceed 12 months. An extension shall be based on a determination that special factors exist justifying the extension. Factors considered shall include the need for zoning changes, historic preservation, street and alley closings, abatement of environmental hazards, and taking by eminent domain.

(ii) If the Mayor determines before the end of the two-year period that no land disposition agreement can be executed within the two-year period, the Mayor may submit to the Council, no later than 30 days, not including Saturdays, Sundays, legal holidays or days of Council recess, before the end of the two-year period a resolution seeking additional time for the disposition of the property. The resolution shall include a detailed status report on efforts made toward disposition of the property and the reasons for the inability to dispose of the property within the two-year period. If the Council does not take action to approve the resolution within the 30-day period, the resolution shall be deemed approved.

(3) For real property under the jurisdiction of the Board of Education (“Board”) that the Board has determined to be no longer needed for educational purposes and for which jurisdiction has been transferred by the Board to the Mayor for disposal in accordance with the provisions of this subchapter, the Mayor shall submit to the Council a report on whether the Mayor intends for the property to be used by another agency of the District government. The report shall be submitted to the Council by the Mayor within 90 days of the transfer of the property to the Mayor by the Board. If the report is not submitted to the Council within the 90-day period, the Mayor shall dispose of the property in accordance with the provisions of this subchapter and shall transmit to the Council the resolution required by paragraph (1) of this subsection within 180 days of the date of the transfer of the property to the Mayor by the Board.


(Dec. 16, 1975, D.C. Law 1-39, § 6, 22 DCR 3450; Mar. 15, 1990, D.C. Law 8-96, § 5, 37 DCR 795; Sept. 11, 1990, D.C. Law 8-158, § 4, 37 DCR 4167; Apr. 3, 2001, D.C. Law 13-226, § 3(b), 48 DCR 1603.)

Prior Codifications

1981 Ed., § 5-905.

1973 Ed., § 5-1005.

Section References

This section is referenced in § 10-801.

Effect of Amendments

D.C. Law 13-226 added subsec. (2A).

Cross References

Board of Education Real Property Improvement and Maintenance Fund, see § 10-802.

Emergency Legislation

For temporary (90-day) amendment of section, see § 3(b) of the Redevelopment Land Agency Disposition Review Emergency Amendment Act of 2000 (D.C. Act 13-431, August 14, 2000, 47 DCR 7462).

For temporary (90 day) amendment of section, see §§ 3(b) and 6(b) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-524, January 11, 2001, 48 DCR 624).

Editor's Notes

Community Development Block Grant Program: Pursuant to Resolution 7-288, the “Community Development Block Grant Program Approval and Disapproval Resolution of 1988,” effective July 12, 1988, the Council approved the District of Columbia’s final statement of community development objectives and projected use of funds for the Fourteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fourteenth Year Community Development Block Grant Program Description, approved budget modifications for the Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Year Community Development Block Grant Programs, approved modifications of Construction Assistance Program activities included in the Thirteenth Year Final Statement of Community Development Objectives and Projected Use of Funds and the Thirteenth Year Community Development Block Grant Program, and approved a modification to the 13th Year Community Development Block Grant Program Description.

Center Leg Freeway Air Rights Development Approval Resolution of 1990: Pursuant to Resolution 8-333, effective January 11, 1991, the Council approved the proposal of the Washington Development Group, Inc., to develop the air space above the Center Leg Freeway (I-395), bounded by Mass. Ave., E, 2nd, and 3rd Street, N.W.

Proposal to Acquire Land Underlying the Whitelaw Hotel Emergency Approval Resolution of 1991: Pursuant to Resolution 9-143, effective November 22, 1991, the Council approved, on an emergency basis, a proposal to acquire and leaseback a parcel of land pursuant to the District of Columbia Land Acquisition for Housing Development Opportunities (“LAHDO”) Program.

Unsolicited Proposal to Develop a Portion of Land Located at Benning Road Between Hanna Place and H Street, S.E. Emergency Approval Resolution of 1992

Pursuant to Resolution 9-300, effective July 7, 1992, the Council approved, on an emergency basis, acceptance of an unsolicited proposal to acquire and develop a portion of land located at Benning Road Between Hanna Place and H Street, S.E.

Proposal to Acquire Land Underlying the Savannah Park Apartments Emergency Approval Resolution of 1992: Pursuant to Resolution 9-306, effective July 24, 1992, the Council approved, on an emergency basis, a proposal to acquire land underlying the Savannah Park Apartments.

Unsolicited Proposal to Acquire and Develop Parcel 23-A in the 14th Street Urban Renewal Area Emergency Approval Resolution of 1993: Pursuant to Resolution 10-164, effective October 22, 1993, the Council approved, on an emergency basis, a development proposal to develop Parcel 23-A located at 1333 Belmont Street, N.W. and legally described as Lot 120 in Square 2868.

Acceptance of a Proposal for the Negotiated Disposition and Rehabilitation of the Roosevelt for Senior Citizens Resolution of 1994: Pursuant to Resolution 10-354, effective May 3, 1994, the Council approved a proposal submitted by Access Housing, Inc. for a negotiated disposition and rehabilitation of the Roosevelt for Senior Citizens, 2101 16th Street, N.W.

Unsolicited Proposal Submitted by the Potomac Electric Power Company for the Negotiated Disposition of 1501 Alabama Street, S.E., Approval Resolution of 1994: Pursuant to Resolution 10-481, effective December 6, 1994, the Council approved an unsolicited proposal submitted by the Potomac Electric Power Company for the negotiated disposition of 1501 Alabama Street, S.E.

Acceptance of a Proposal for the Negotiated Disposition and Rehabilitation of the Roosevelt for Senior Citizens Resolution of 1994: Pursuant to Resolution 10-354, effective May 3, 1994, the Council approved a proposal submitted by Access Housing, Inc. for a negotiated disposition and rehabilitation of the Roosevelt for Senior Citizens, 2101 16th Street, N.W.

Unsolicited Proposal Submitted by IDS/Turner Limited Partnership for the Negotiated Disposition of Square 4120, Lot 800 Approval Resolution of 1994: Pursuant to Resolution 10-482, effective December 6, 1994, the Council approved an unsolicited proposal submitted by IDS/Turner Limited Partnership for the negotiated disposition of Square 4120, Lot 800 located at 18th and Bryant Streets, N.E.

Disposal of surplus real property: Section 2 of D.C. Law 8-96 provided that for the purposes of this act, the term “real property” means land titled in the name of the District of Columbia (“District”) or in which the District has a controlling interest and includes all structures of a permanent character erected thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights attached thereto, or any air space located above or below the property or any street or alley under the jurisdiction of the Mayor.

Unsolicited Proposal to Develop the Martin Luther King, Jr., Development, Lot 829, Square 5770 Approval Resolution of 1996: Pursuant to Resolution 11-365, effective June 4, 1996, Council reviewed an approved an Unsolicited Proposal to Develop Lot 829, Square 5770, located at 1909—1913 Martin Luther King, Jr., Avenue, N.W., and legally described as Lot 829, Square 5770.

Unsolicited Proposal Submitted by Crane Rental Company for the Negotiated Disposition of Property located in Lots 227 and 900 in Square 4107, and Lots 826 and 827 in Square 4103, on W Street, N.E., Approval Resolution of 1996: Pursuant to Resolution 11-366, effective June 4, 1996, Council reviewed and approved an Unsolicited Proposal submitted by Crane Rental Company for the negotiated disposition of property located in Lots 227 and 900 in Square 4107, and Lots 826 and 827 in Square 4103, on W Street, N.E.

Negotiated Disposition of Property Located in Square 272, Lot 45, in the 1200 block of V Street, N.W., to Donatelli & Klein, Inc., Approval Resolution of 1996: Pursuant to Resolution 11-367, effective June 4, 1996, Council approved a negotiated disposition of property located in Square 272, Lot 45, at the intersections of 13th Street, N.W., 12th Street, N.W., V Street, N.W., and W Street, N.W., to Donatelli & Klein, Inc.

Request for Offers for the Disposition for the Roosevelt Apartment for Senior Citizens, 2101 16th Street, N.W., Lot 802, in Square 188, Approval Resolution of 1996: Pursuant to Resolution 11-633, effective December 3, 1996, Council approved the Request for Offers for the disposition of the Roosevelt Apartment for Senior Citizens located at 2101 16th Street, N.W., and legally described as Lot 802, Square 188, in Ward 1.

Unsolicited Proposal to Develop the Anacostia Northern Gateway Project Approval Resolution of 1997: Proposed Resolution 12-0111, the “Unsolicited Proposal to Develop the Anacostia Northern Gateway Project Approval Resolution of 1997” was deemed approved, effective Feb. 12, 1997.

Sections 4 to 6 of D.C. Law 17-253 provided:

“Sec. 4. Certain permanent easements authorized.

“Notwithstanding the procedures and requirements set forth in An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), the Mayor may:

“(1) Grant, for a period of greater than 20 years, subsurface easements under the portions of 2nd Street, N.W., and 3rd Street, N.W., between Massachusetts Avenue, N.W., and E Street, N.W., and the portion of Massachusetts Avenue, N.W., between 2nd Street, N.W., and 3rd Street, N.W., for the purposes of the construction and maintenance of a deck or other supporting structure beneath the streets and for the occupancy of the easement area by such deck and structures and for other purposes consistent with the land disposition agreement to be entered into pursuant to the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, effective July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’); and

“(2) Convey to the Purchaser, as such term is defined in the Disposition Approval Resolution, the real property on which the current Interstate 395 approach and exit ramps (‘highway ramps’) within the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, are located, in accordance with the following conditions:

“(A) If a current highway ramp is relocated within the Property, the Mayor may convey to the Purchaser fee title to the real property from which the former highway ramp was removed if the District receives from the Purchaser, at the same time that the real property from which the former highway ramp was removed is conveyed to the Purchaser, fee title from the Purchaser to the real property (which may exclude the air rights beginning at 14 feet 6 inches above the upper surface of the pavement of the ramp) upon which the new highway ramp and associated and supporting structures are constructed.

“(B) If a current highway ramp is removed, the Mayor may convey to the Purchaser fee title to the real property from which the ramp was removed if the Purchaser pays to the District fair market value for the real property as such fair market value is calculated pursuant to the Appraisal, as such term shall be defined in the land disposition agreement to be entered into pursuant the Disposition Approval Resolution.

“Sec. 5. Authorization to enter into a contract for the relocation of the shared computer center.

“Notwithstanding the procedures and requirements set forth in the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), the Mayor may enter into a contract or other agreement whereby the purchaser of the property authorized to be disposed of pursuant to the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, effective July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’), or a designee of the purchaser approved by the Mayor, shall relocate the Shared Computer Center from the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, to a site designated by the District and shall be compensated for the costs associated with the relocation, including, if applicable, the costs of the design, improvement, and physical relocation of the equipment and other features of the Shared Computer Center and the leasing of a new location for the Shared Computer Center.

“Sec. 6. Certified business enterprise participation.

“The entities identified in section 2(b)(14)(A) of the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, approved July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’) shall be considered, with respect to the development project on the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, fully qualified local, small, and disadvantaged business enterprises under section 2349a of the Small, Local, and Disadvantaged Business Enterprises Development and Assistance Act of 2005, effective March 2, 2007 (D.C. Law 16-33; D.C. Official Code § 2-218.49a).”

Delegation of Authority

Delegation of Authority to Approve or to Disapprove the Acquisition and Disposition of Real Estate, by Sale, Lease or Otherwise, see Mayor’s Order 2003-161, November 17, 2003 ( 50 DCR 10197).

Delegation of Authority to the Deputy Mayor for Planning and Economic Development—Authority to Acquire Real Property and Undertake Capital Improvements at Marvin Gaye Park, see Mayor’s Order 2009-2, January 8, 2009 ( 56 DCR 2015).

Delegation of Authority to the Department of Housing and Community Development—Monitoring and Enforcement of Affordable Dwelling Unit Requirements, see Mayor’s Order 2009-112, June 18, 2009 ( 56 DCR 6859).


§ 6–1006. Rehabilitation of private property; loans and grants; insurance; determination of public use.

(a) The Mayor is hereby authorized to establish a Rehabilitation Loan and Grant Fund and to make or contract to make publicly-financed low-interest loans and grants to owners of property for the rehabilitation and improvement of such property in accordance with a Community Development Program approved pursuant to § 6-1002.

(b) The Mayor is further authorized to establish a Rehabilitations Loan Insurance Fund and to insure or contract to insure privately-financed loans to owners of property for the rehabilitation and improvement of such property in accordance with a Community Development Program approved pursuant to § 6-1002.

(c) Any and all publicly-financed rehabilitation loans and grants made by the Mayor, and any and all insurance commitments made by the Mayor in connection with privately-financed rehabilitation loans, and any and all money used or expended by the Mayor in connection with said loans or insurance commitments pursuant to the hereinabove described authority, and any and all acts performed by the Mayor in connection with any powers granted pursuant to this section, are hereby declared to be needed, contracted for, expended, or exercised for a public use.


(Dec. 16, 1975, D.C. Law 1-39, § 7, 22 DCR 3450.)

Prior Codifications

1981 Ed., § 5-906.

1973 Ed., § 5-1006.


§ 6–1007. Construction; severability.

(a) To the extent that any provisions of this subchapter are inconsistent with the provisions of any other laws within the jurisdiction of the Council, the provisions of this subchapter shall prevail and shall be deemed to supersede the provisions of such laws.

(b) If any provisions of this subchapter be held invalid, the remainder of the subchapter shall not be impaired thereby, but shall continue in full force and effect.


(Dec. 16, 1975, D.C. Law 1-39, § 8, 22 DCR 3451.)

Prior Codifications

1981 Ed., § 5-907.

1973 Ed., § 5-1007.