OFFICE OF CHAIRMAN PHIL MENDELSON
COUNCIL OF THE DISTRICT OF COLUMBIA
Statement of Introduction
“Vacant to Vibrant Amendment Act of 2024”
As of September 6, 2024, data from the Department of Buildings indicates that there are
roughly 2,852 vacant properties and 345 blighted properties in the District. Many of these
properties have been vacant or blighted for years, negatively impacting the neighborhoods and
communities in which they are located.
Over the years, the Committee of the Whole has worked with the Department of Buildings
(and its predecessor agency, the Department of Consumer and Regulatory Affairs) to increase staff
resources and enhance enforcement efforts. While these efforts have produced results, they are
undermined by gaps and deficiencies in the law. As such, in the summer of 2023, my office
assembled a diverse group of stakeholders, including ANC Commissioners, Business
Improvement District representatives, researchers, and District agencies, to examine the District’s
current vacant and blighted property law and develop legislation to address deficiencies and gaps
in the law. The group, known as the Vacant and Blighted Property Working Group, examined
everything from the causes of vacancy and blight to the tax sale process. In doing so, they found
that:
• Many properties become vacant or blighted due to the death of a homeowner, personal or
economic hardship, or foreclosure;
• The District does not have interventions aimed at preventing vacancy or blight;
• Some current definitions in the law are ill-defined, and some exemptions lack appropriate
timeframes;
• Current tax rates for Class 3 and Class 4 are overly burdensome to many property owners;
• The District lacks a holistic plan to address vacant and blighted properties;
• The District lacks effective mechanisms to acquire vacant and blighted properties in order
to get the properties back into productive use; and
• The District has no specific incentives for the redevelopment or rehabilitation of vacant
and blighted properties.
To address these deficiencies and gaps, the Working Group developed the “Vacant to Vibrant
Amendment Act of 2024,” which would, among other things:
• Create a “tangled title” information sheet that funeral service providers must give
decedents;
• Expand the single-family home rehabilitation program;
• Codify a real property tax payment plan for low-income and senior residents;
• Revise definitions and reconfigure exemption timeframes;
• Increase penalties for failure to register, particularly in instances where a property owner
repeatedly fails to register a property or properties;
• Establish a vacant property receivership process modeled off of the City of Baltimore’s that
would enable the District to acquire and sell certain properties to non-profits and
developers for redevelopment or rehabilitation;
• Require the Mayor to submit a holistic vacant and blighted building plan to the Council
every three years;
• Restructure Class 3 and Class 4 tax rates so that the tax rate increases each year over a
period of four years, allowing some relief to struggling property owners;
• Establish a new tax sale process for Class 3 and 4 properties that would allow the District
to foreclose on Class 3 and Class 4 properties eligible for tax sale and auction property for
the redevelopment or rehabilitation; and
• Create a vacant and blighted home revitalization tax credit program and a tax abatement
for the redevelopment of vacant and blighted commercial properties.
The theory behind this bill is that vacant properties become a nuisance as well as being a drag
on their neighborhoods, but this is not immediate. Thus, this bill adopts measures to prevent
vacancies, recognizes that short-term vacancies are usually not a problem, incentivizes property
owners to minimize the duration of vacancies, and creates tools for the government to transition
longer-term vacancies back into productive use. Taken together, the proposals in this bill will
ensure that the District will be better positioned to prevent vacancy and blight, address violations
of the law, and get vacant and blighted properties back into productive use.
If you have any questions about this legislation, please contact Blaine Stum, Senior Policy
Advisor for the Committee of the Whole, at bstum@dccouncil.gov.
Chairman Phil Mendelson
1 _____________________________
2 Councilmember Anita Bonds Chairman Phil Mendelson
3
4
5
6 Councilmember Brianne K. Nadeau Councilmember Charles Allen
7
8
9
10 Councilmember Robert C. White, Jr. Councilmember Brooke Pinto
11
12
13
14 Councilmember Janese Lewis George Councilmember Matthew Frumin
15
16
17
18 Councilmember Zachary Parker
19
20
21 A BILL
22
23
24
25 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
26
27
28
29
30 To require the Department of Aging and Community Living to create a tangled title information
31 sheet and to require funeral service providers to give the information sheet to survivors of
32 a deceased District resident; to amend Title 18 of the District of Columbia Official Code
33 to allow for the creation of an electronic will registry; to establish a single family home
34 rehabilitation program; to amend Chapter 8 of Title 47 of District of Columbia Official
35 Code to establish payment plans for the payment of delinquent real property taxes; to
36 amend Title 29 of the District of Columbia Official Code to require all commercial
37 registered agents to accept service of process by electronic mail; to amend Subchapter II
38 of Chapter 31A of Title 42 and Chapter 12 of Title 47 of the District of Columbia Official
39 Code to conform the notice process provisions in Subchapter I and amendments to Title
40 29; to amend An Act To provide for the abatement of nuisances in the District of
41 Columbia by the Commissioners of said District, and for other purposes, to amend
42 definitions, factors for establishing vacancy or blight, and exemptions from registration,
43 to require the submission of vacant building maintenance plans, and to allow the Mayor
44 to petition the Superior Court of the District of Columbia for vacant property receivership
45 actions; to amend the Construction Codes Approval and Amendments Act of 1986 to
46 require the Department of Buildings to establish an expedited permit review process for
1
47 certain construction and building permits for Class 3 and 4 properties; to amend Section
48 47-812 of the District of Columbia Official Code to establish new tax rates for Class 3
49 and 4 properties; to amend Chapter 13A of Title 47 of the District of Columbia Official
50 Code to establish a new process for tax sales of Class 3 and 4 properties; and to amend
51 Title 47 of the District of Columbia Official Code to establish a tax credit for the
52 renovation or rehabilitation of Class 3 or 4 properties and to establish a tax abatement for
53 the renovation or rehabilitation of Class 3 or 4 properties that are used for commercial
54 purposes.
55
56 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
57 act may be cited as the “Vacant to Vibrant to Amendment Act of 2024”.
58 TABLE OF CONTENTS
59 TITLE I. PREVENTION OF VACANT AND BLIGHTED PROPERTIES.......................... 2
60 SUBTITLE A. TANGLED TITLE INFORMATION SHEET............................................ 2
61 SUBTITLE B. ELECTRONIC WILL REGISTRY............................................................. 3
62 SUBTITLE C. SINGLE FAMILY HOME REHABILITATION PROGRAM................. 5
63 SUBTITLE D. REAL PROPERTY TAX PAYMENT PLANS............................................ 7
64 TITLE II. SERVICE OF PROCESS REFORMS................................................................... 16
65 TITLE III. VACANT AND BLIGHTED PROPERTY REGISTRATION
66 IMPROVEMENTS..................................................................................................................... 18
67 TITLE IV. VACANT AND BLIGHTED PROPERTY INCENTIVES AND TAXES........... 46
68 SUBTITLE A. EXPEDITED PERMIT REVIEW FOR VACANT AND BLIGHTED
69 PROPERTIES........................................................................................................................ 46
70 SUBTITLE B. VACANT AND BLIGHTED PROPERTY TAX RATES.......................... 47
71 SUBTITLE C. TAX SALE PROCEDURE FOR VACANT AND BLIGHTED
72 PROPERTIES........................................................................................................................ 48
73 SUBTITLE D. VACANT AND BLIGHTED HOME REVITALIZATION TAX
74 CREDIT.................................................................................................................................. 56
2
75 SUBTITLE E. TAX ABATEMENT FOR THE REDEVELOPMENT OF VACANT AND
76 BLIGHTED COMMERCIAL PROPERTIES.................................................................... 59
77 TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE....................................... 65
78 TITLE I. PREVENTION OF VACANT AND BLIGHTED PROPERTIES.
79 SUBTITLE A. TANGLED TITLE INFORMATION SHEET.
80 Section 102. Definitions.
81 For purposes of this section, the term:
82 (1) “Department” means the Department of Aging and Community Living.
83 (2) “Funeral services establishment” shall have the meaning as § 3–402(11).
84 (3) “Survivor of the deceased” means a spouse, child, or companion of the
85 deceased with whom funeral services are being arranged.
86 Sec. 103. Tangled Title disclosure.
87 (a) Within 180 days of the effective date of the Vacant to Vibrant Amendment Act of
88 2024, the Department shall, in consultation with the Department of Housing and Community
89 Development and the Superior Court of the District of Columbia, create and make publicly
90 available a tangled title information sheet detailing the steps necessary for an heir or heirs, after
91 the death of a title property owner, to legally transfer the property to avoid a tangled title. The
92 information sheet shall also include information on legal service providers who offer low-cost or
93 no-cost services for probate, estate, and trust administration.
94 (b) No later than five days after the final disposition of the deceased, a funeral service
95 establishment shall provide the tangled title information sheet made available by the Department
96 to survivors of the deceased.
97
3
98 SUBTITLE B. ELECTRONIC WILL REGISTRY.
99 Sec. 104. Title 18 of the District of Columbia Official Code is amended as follows:
100 (a) The table of contents is amended by adding a new chapter 10 to read as follows:
101 “Chapter 10. Register of wills.
102 “§ 18-1001. Electronic register of wills.”.
103 (b) A new chapter 10 is added to read as follows:
104 Ҥ 18-1001. Electronic register of wills.
105 “(a) An electronic will that meets the requirements of the Uniform Electronic Wills Act
106 (D.C. Official Code § 18-901 et seq.) may be deposited by a testator, or by the testator’s agent,
107 with the Register of Wills to be safely kept until delivered or disposed of as hereinafter provided.
108 “(b)(1) The will shall be deposited electronically and in a manner which would track any
109 viewing or modification after deposit of the will.
110 “(2) The will is not to be delivered or opened except as provided in this section.
111 “(3) Upon payment of the required fee, the Register of Wills shall give a receipt to
112 the testator or testator’s agent.
113 “(c) The Register of Wills shall retain a permanent copy of an electronic will and a copy
114 of any other document associated with the will, in paper, photographic, magnetic, mechanical,
115 electronic, digital, or any other medium if the copy is maintained in a manner that:
116 “(1) Is clear and legible;
117 “(2) Accurately reproduces the original document in its entirety, including any
118 attachments to the document;
119 “(3) Is capable of producing a clear and legible hard copy of the original
120 document; and
4
121 “(4) Preserves evidence of any signature contained on the document.
122 “(d) During the lifetime of the testator, a deposited will may be delivered only to the
123 testator, or to a person authorized by the testator in writing to receive it.
124 “(e)(1) The will shall be opened by the Register of Wills after being informed of the death
125 of the testator.
126 “(2) The Register of Wills shall notify the personal representative named in the
127 will that the will is on deposit with the Register of Wills.
128 “(3) The will shall be retained by the Register of Wills as a deposited will until
129 offered for probate.
130 “(4) If the proper venue for the probate of the will is in another court, the will
131 shall be transmitted to such Court; provided, that before such transmission a true copy thereof
132 shall be made and retained in the Court in which the will was deposited.
133 “(f) The Register of Wills shall develop procedures for a testator or testator’s agent to
134 withdraw and/or replace a registered will during the lifetime of the testator.”.
135 SUBTITLE C. SINGLE FAMILY HOME REHABILITATION PROGRAM.
136 Sec. 106. Definitions.
137 (a) For purposes of this section, the term:
138 (1) “Department” means the Department of Housing and Community
139 Development.
140 (2) “Eligible homeowner” means an owner (or owners) who:
141 (A) Own a single-family residential property;
142 (B) Whose household income is 120% of median family income or less;
5
143 (C) Has resided in the single-family residential property as a primary
144 residence for at least 3 years;
145 (D) Is current on all mortgage payments for the last 12 months;
146 (E) Is current on all District and federal taxes; and
147 (E) Possesses current homeowners insurance.
148 (3) “Median family income” means the median family income for a household in
149 the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by
150 the United States Department of Housing and Urban Development, adjusted for family size
151 without regard to any adjustments made by the United States Department of Housing and Urban
152 Development for the purposes of the programs it administers.
153 (4) “Single-family residential property” shall have the same meaning as § 47–
154 803(6).
155 Sec. 107. Single-family home rehabilitation program.
156 (b) The Department may offer grants of up to $60,000 to an eligible homeowner to pay
157 for the following:
158 (1) Accessibility modifications to adjust physical barriers within the property for a
159 person with limited mobility or other physical impairments;
160 (2) Repairs or replacement of the roof; or
161 (3) Repairs to the foundation, structurally significant damaged wood or other
162 materials; or
163 (4) Significant repairs to electrical, plumbing or heating and cooling systems.
164 (c)(1) The Department shall work with qualifying applicants to develop a scope of work,
165 select a licensed and certified contractor, and manage the construction.
6
166 (2) Any payments to contractors shall be made by the Department on behalf of the
167 eligible homeowner.
168 (d) The Mayor may issue rules to implement the provisions of this section in accordance
169 with subchapter I of Chapter 5 of Title 2.
170 SUBTITLE D. REAL PROPERTY TAX PAYMENT PLANS.
171 Sec. 108. Title 47 is amended as follows:
172 (a) Chapter 8 is amended as follows:
173 (1) The table of contents is amended by adding a new section designation to read
174 as follows:
175 “47-870. Real property tax payment plans.”.
176 (2) A new section 47-870 is added to read as follows:
177 Ҥ 47-870. Real property tax payment plans.
178 “(a) For purposes of this section, the term:
179 “(1) “Eligible homeowner” means an owner (or owners):
180 “(A) Who receives the homestead deduction pursuant to § 47-850; and
181 “(i) Can demonstrate hardship; or
182 “(ii) Is 65 years of age or older.
183 “(2) “Tax liabilities” means both property real property taxes which are
184 delinquent and real property taxes which are currently due but not yet delinquent. Tax Liabilities
185 do not include:
186 “(A) Amounts, which may have been previously sold at a tax sale;
187 “(B) Business improvement district (BID) taxes;
188 “(C) Tax Increment Financing (TIF) payments;
7
189 “(D) Payments In Lieu of Taxes (PILOTs);
190 “(E) Southeast Water and Sewer (SEWS) assessments;
191 “(F) Special Energy Assessment assessments; or
192 “(G) Amounts certified by external agencies pursuant to § 47-1340.
193 “(b) Real property tax payment plans with eligible homeowners are authorized for all
194 amounts due on real property tax liabilities subject to the following terms and conditions:
195 “(1) Eligibility for a real property tax payment plan shall require a showing of
196 financial hardship or inability to pay based on individual circumstances.
197 “(2) Real property tax payment plans shall be computed on a 12-month basis. Tax
198 Liabilities are to be paid in equal installments over that 12-month period;
199 “(A) No down payment shall be required;
200 “(B) Payments shall be made by direct ACH debit from the eligibl