Administrative review and appeal

  1. Law
  2. District of Columbia Code
  3. Real Property
  4. Abatement of Nuisance Property
  5. Registration of Vacant Buildings
  6. Administrative review and appeal

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*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) Within 15 days after the designation of an owner’s building as a vacant building, the determination of delinquency of registration or fee payment, the denial or revocation of registration, or the designation of a vacant building as a blighted vacant building, the owner may petition the Mayor for reconsideration by filing the form prescribed by the Mayor. Within 30 days after receiving the petition, the Mayor shall issue a notice of final determination.

(b) Within 45 days after the date of the notice of final determination under subsection (a) of this section, an owner may file an appeal with the Real Property Tax Appeals Commission for the District of Columbia on the form prescribed by the Mayor; provided, that the notice of final determination under subsection (a) of this section shall be a prerequisite to filing an appeal with the Real Property Tax Appeals Commission for the District of Columbia.

(c) Not Funded.

(d) The District, through the Office of the Attorney General, may appeal a decision of the Real Property Tax Appeals Commission to the Superior Court of the District of Columbia within 2 months after receipt of the written decision.

(Apr. 14, 1906, 34 Stat. 115, ch. 1626, § 15; as added Apr. 27, 2001, D.C. Law 13-281, § 101, 48 DCR 1888; Apr. 13, 2005, D.C. Law 15-354, § 62, 52 DCR 2638; Aug. 15, 2008, D.C. Law 17-216, § 3(h), 55 DCR 7500; Sept. 24, 2010, D.C. Law 18-223, § 2042(f), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-363, § 3(f), 58 DCR 963; Apr. 11, 2019, D.C. Law 22-287, § 4(e), 66 DCR 1650; Aug. 23, 2021, D.C. Act 24-159, § 2034, 68 DCR 008602.)

Section References

This section is referenced in § 47-813 and § 47-825.01a.

Effect of Amendments

D.C. Law 15-354 substituted “file a request for a hearing with the Office of Administrative Hearings” for “seek administrative review by the Board of Appeals and Review, or any successor board or agency”.

D.C. Law 17-216 rewrote the section which had read as follows: “Within 10 days after a notice of a final determination by the Mayor under § 42-3131.08 or § 42-3131.11, an owner may file a request for a hearing with the Office of Administrative Hearings.”

D.C. Law 18-223 rewrote subsec. (a), which had read as follows: “(a) Within 15 days after the designation of an owner’s building as vacant, the determination of delinquency of registration or fee payment, or the denial or revocation of registration, the owner may petition the Mayor for reconsideration by filing the form prescribed by the Mayor. Within 30 days after receiving the petition, the Mayor shall issue a notice of final determination.”

D.C. Law 18-363, in subsec. (b), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “Board of Real Property Assessments and Appeals”.

Applicability

Applicability of D.C. Law 22-287: § 8 of D.C. Law 22-287 provided that the change made to this section by § 4(e) of D.C. Law 22-287 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(h) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2006 (D.C. Act 16-586, December 28, 2006, 54 DCR 353).

For temporary (90 day) amendment of section, see § 3(h) of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2007 (D.C. Act 17-173, November 2, 2007, 54 DCR 11204).

For temporary (90 day) amendment of section, see § 3(h) of Nuisance Properties Abatement Reform and Real Property Classification Congressional Review Emergency Act of 2008 (D.C. Act 17-436, July 16, 2008, 55 DCR 8272).

For temporary (90 day) amendment of section, see § 2(c), of Real Property Tax Reform Emergency Amendment Act of 2009 (D.C. Act 18-313, February 22, 2010, 57 DCR 1645).

For temporary (90 day) amendment of section, see § 2042(f) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(h) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2006 (D.C. Law 16-259, March 8, 2007, law notification 54 DCR 3044).

For temporary (225 day) amendment of section, see § 3(h) of Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2007 (D.C. Law 17-102, February 2, 2008, law notification 55 DCR 4254).

For temporary (225 day) amendment of section, see § 2(c) of Real Property Tax Reform Temporary Amendment Act of 2010 (D.C. Law 18-153, May 22, 2010, law notification 57 DCR 5381).


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