(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "2001 DC Code, Interim Update Service, 2001 Edition"

DISTRICT 

OF 

COLUMBIA 
OFFICIAL CODE 

2001 Edition 



Interim Update Service 



OCTOBER 2012 



Supplementing 2012 pocket parts 



Including Legislation in force as of 
September 13, 2012 



WEST. 



DISTRICT OF COLUMBIA 
OFFICIAL CODE 



2001 Edition 



Interim Update Service 
October 2012 



WEST® 

A Thomson Reuters business 



Mat #41136712 






COPYRIGHT ©2012 

By 

The District of Columbia 

All Rights Reserved. 



West's and Westlaw are registered in the U.S. Patent and Trademark Office. 



$ 



PRINTED ON 10% POST CONSUMER RECYCLED PAPER ' 



COUNCIL OF THE DISTRICT OF 
COLUMBIA 

Phil Mendelson, Chairman 

Yvette M. Alexander Jack Evans 

Marion Barry Jim Graham 

Muriel Bowser Kenyan R. McDuffie 

Michael A. Brown Vincent B. Orange, Sr. 

David A. Catania Tommy Wells 
Mary M. Cheh 



OFFICE OF THE GENERAL 
COUNSEL 

Under Whose Direction This • 
Volume Has Been Prepared 

V. David Zvenyach, General Counsel 

John Hoellen, Legislative Counsel 

Benjamin F. Bryant, Jrl, Codification Counsel 

Karen R. Barbour, Legal Assistant 



III 



hnhiU 



fr..*'!' 5 



PREFACE 



This interim pamphlet updates the District of Columbia Official Code, 2001 
Edition, with permanent, temporary, and emergency legislation and judicial 
constructions contained in annotations. This pamphlet contains the Laws, gener- 
al and permanent in their nature, relating to or in force in the District of 
Columbia (except such laws as are of application in the General and Permanent 
Laws of the United States) as of September 13, 2012. 

Notes of decisions of District and Federal courts include cases published 
through August 31, 2012. 

Current legislation between pamphlets or pocket parts can be obtained in the 
District of Columbia Session Law Service or on WestlawNext or Westlaw DC- 
LEGIS Database. 

Later laws and annotations will be cumulated in the subsequent pamphlets 
and annual Pocket Parts. 

ADDITIONAL INFORMATION OR RESEARCH ASSISTANCE 

For additional information or research assistance call the West reference 
attorneys at 1-800-REF-ATTY (1-800-733-2889). Contact West's Editorial 
Department directly with your questions and suggestions by e-mail at 
west.editor@thomson.com. 

Visit West's home page at west.thomson.com. 

The Publisher 

October, 2012 






:!;" = ;: 



'■^i'.\n;v.v 



CITE THIS PAMPHLET 

Thus: D.C. Official Code, 2001 Ed. § 



VII 



TABLE OF CONTENTS 



Page 

Council of the District of Columbia and Office of the General Counsel - III 

Preface — - - — - - V 

Cite This Pamphlet - - - - — VII 

District of Columbia Official Code, 2001 Edition- - 1 

Disposition Table T-l 

Statutes at Large T-l 

District of Columbia Laws - T-2 

Popular Name Table - — - - - - T-4 

District of Columbia Register Table.— — — — - T-6 

Emergency Act Table - - - - T-8 

D.C. Laws Not Codified Table - T-14 

Index 1-1 



IX 



..■' ■:' ' ■,'■'-, ';:-.:•!■■ V I 

' ',■:,■■ ; -,'.; ,;:.;•" ..■■'■;■:-. ■ ■ U 
.,..-■■ ■"■■ • : ■/ >: ■ .. ,.■■■ 

--i-iii'i' ■:'■;'■; '••■.. , ■ ■: ■.■:. '.' : -.-- ; 



DISTRICT OF COLUMBIA 

OFFICIAL CODE 

2001 Edition 

DIVISION I 
GOVERNMENT OF DISTRICT. 

TITLE 1 

GOVERNMENT ORGANIZATION. 

Chapter Section 

1. District of Columbia Government Development 1-136.03 

2. District of Columbia Home Rule 1-201.02 

3. Specified Governmental Authority 1-301.01 

6. Merit Personnel System 1-601 .02 

9. Police Officers, Fire Fighters, and Teachers Retirement Benefit Replace- 
ment Plan 1-907.03 

10. Elections 1-1001.05 

11A. Government Ethics and Accountability 1-1162.02 

12. Notaries Public ' 1-1201 

Chapter 1 
District of Columbia Government Development. 

Subchapter II. Statehood. . Section 

Part D. 51st State Commission. 1-136.03. Applicability. [Not funded] 

[Not Funded] 

Subchapter II.. Statehood. 
Part D. 51st State Commission. [Not Funded] 
§ 1-136.03. Applicability. [Not funded] 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of sections, see 

For temporary (90 day) addition of sections, see §§ 1081 to 1089 of Fiscal Year 2013 Budget Sup- 

§§ 1081 to 1089 of Fiscal Year 2013 Budget Sup- port Congressional Review Emergency Act of 2012 

port Emergency Act of 2012 (D.C. Act 19-383, (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 
June 19, 2012, 59 DCR 7764). 



§ 1-136.03 D.C. OFFICIAL CODE 

Chapter 2 
District of Columbia Home Rule. 

Subchapter I. Short Title, Purposes, Section 

and Definitions. . . 1-204.35. Election of the Attorney General. 

Se ^i°£. ^ Part D. District Budget and 

1-201.02. Purposes. Financial Management. 

Subchapter IV. The District Charter. ( Subpart 1. Budget and Financial 

Part A. The Council. Management 



Subpart 1 . Creation of the Council 

1-204.01. Creation and membership. 
Part B. The Mayor. 



1-204.50. General and special funds. 
-'J i! Part E. Borrowing. 



s ,., Subparts,. r Tax Exemptions; Legal Invest- 

1-204.21. Election, qualifications, vacan'cy; J imcP ^mW^ater Pollution; Reservoirs; Metro 
compensation. Contributions; and Revenue Bonds. 

Part C-i. Election of the Attorney Genera| 1 S")waK2*04:87; Water pollution. ; ' '"■"'■-' 

Subchapter L, Short Title, Purposes, and Definitions. ^ 

§1-201.02. Purposes, ..;*? 

« .' ■ Notes of Decisions 

1. Construction and application firearms in 1906 Act; insofar as 1906 Act remained 

Authority given to District of Columbia in 1973 effective, it served only to clarify that new District 

in Home Rule Act (HRA) over "all rightful sub- of Columbia Council was body responsible for func- 

jects of legislation" gave power to District to enact tion of regulating firearms. Heller v. District of 

laws regulating firearms and superseded qualified Columbia,. C.AD.C.2011, 670 F.3d 1244, 399 

grant to District of specific authority to regulate U.SApp.D.C. 314. Weapons <s=> 104 

: Subchapter IV. The District Charter. , • 

Part A. The Council. 

Subpart 1. : "^reaiiofL of<tk&< ! -Cduncil. 

§1-204.01. Creation and memberships! . ^ : ;,-m- AV,/ 

(a) There is established a Council of the District of Columbia; and the members of the 
Council shall be elected by the registered qualified electors -of the'DistricfejqA .S'.iv'Ki I 8 

(b)(1) The Council established under subsection (a) of this section shall consist of 13 
members elected on a partisan basis. The Chairman, arid 4 members shall be elected at large 
in the District, and 8 members shall be elected 1 each from the 8, election wards established, 
from time to time, under Chapter 10 of this title. The term of. office 1 of the memfiefs'W'p'e 
Council shall be 4 years, except as provided in paragraph' (3) of 'this subsection, arid. shall 
begin at noon on January 2nd of the year following their election. . ,''■■■ V; 

(2) In the case of the first election held for the office of member of the Council after 
January 2, 1975, not more than 2 of the at-large members (excluding the Chairman) shall 
be nominated by the same political party. Thereafter, a political party may nominate a 
number of candidates for the office of at-large member of the Council equal to 1 less than 
the total number of at-large members (excluding the Chairman) to be elected in such 
election. 

(3) To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special 
election in the District on the Tuesday occurring at least 70 days and not more than 174 
days after the date on which such vacancy occurs which the Board of Elections determines, 

2 



GOVERNMENT OF DISTRICT § 1-204.01 

based on a totality of the circumstances, taking into account, inter alia, cultural and 
religious holidays and the administrability of the election, will provide the opportunity for 
the greatest level of voter participation. The person elected Chairman to fill a vacancy in 
the Office of Chairman shall take office on the day in which the Board of Elections and 
Ethics certifies his election, and shall serve as Chairman only for the remainder of the term 
during which such vacancy occurred. When the Office of Chairman becomes vacant, the 
Council shall select one of the elected at-large members of the Council to serve as 
Chairman and one to serve as Chairman pro tempore until the election of a new Chairman. 
(4) Of the members first elected after January 2, 1975, the Chairman and 2 members 
elected at large and 4 of the members elected from election wards shall serve for 4-year 
terms; and 2 of the at-large members and 4 of the members elected from election wards 
shall serve for 2-year terms. The members to serve the 4-year terms and the members to 
serve the 2-year terms shall be determined by the Board of Elections and Ethics by lot, 
except that not more than one of the at-large members nominated by any political party 
shall serve for any such 4-year term. 

(c) The Council may establish and select such other officers and employees as it deems 
necessary and appropriate to carry out the functions of the Council. 

(d)(1) In the event of a vacancy in the Council of a member elected from award, the Board 
of Elections shall hold a special election in the District on the Tuesday occurring at least 70 
days and not more than 174 days after the date on which such vacancy occurs which the 
Board of Elections determines, based on a totality of the circumstances, taking into account, 
inter alia, cultural and religious holidays and the administrability of the election, will provide 
the opportunity for the greatest level of voter participation. The person elected as a member 
to fill a vacancy on the Council shall take office on the day on which the Board of Elections 
and Ethics certifies his election, and shall serve as a member of the Council only for the 
remainder of the term during which such vacancy occurred. 

(2) In the event of a vacancy in the Office of Mayor, and if the Chairman becomes a 
candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be 
deemed vacant as of the date of the filing of his candidacy. In the event of a vacancy in the 
Council of a member elected at large, other than a vacancy in the Office of Chairman, who 
is affiliated with a political party, the central committee of such political party shall appoint 
a person to fill such vacancy, until the Board of Elections and Ethics can hold a special 
election to fill such vacancy, and such special election shall be held on the Tuesday . 
occurring at least 70 days and not more than 174 days after the date on which such vacancy 
occurs which the Board of Elections determines, based on a totality of the circumstance's, 
taking into account, inter alia, cultural and religious holidays and the administrability of the 
election, will provide the opportunity for the greatest level of voter participation. The 
person appointed to fill such vacancy shall take office on the date of his appointment and 
shall serve as a member of the Council until the day on which the Board certifies the 
election of the member elected to fill such vacancy in either a special election or a general 
election. The person elected as a member to fill such a vacancy on the Council shall take 
office on the day on which the Board of Elections and Ethics certifies his election, and shall 
serve as a member of the Council only for the remainder of the term during which such 
vacancy occurred. With respect to a vacancy on the Council of a member elected at large 
who is not affiliated with any political party, the Council shall appoint a similarly non- 
affiliated person to fill such vacancy until such vacancy can be filled in a special election in 
the manner prescribed in this paragraph. Such person appointed by the Council shall take 
office and serve as a member at the same time and for the same term as a member 
appointed by a central committee of a political party. 

(3) Notwithstanding any other provision of this section, at no time shall there be more 
than 3 members (including the Chairman) serving at large on the Council who are affiliated 
with the same political party. 

(Dec. 24, 1973, 87 Stat. 785, Pub. L. 93-198, title IV, § 401; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, 
title III, § 306(a); Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(2); July 18, 2012, 126 Stat.1133, Pub. 
L. 112-145, § 2(a).) 

3 



§ 1-204.01 D.C. OFFICIAL CODE 

Historical and Statutory Notes ^; 

Effect of Amendments ' sions of this subsection."; and, in the second 

Pub. L. 112-145, in subsec. (b)(3), rewrote the sentence of subsec. (d)(2), substituted "and such 

first sentence, which had read: "To fill a vacancy special election shall be held on the Tuesday occur- 

:in the Office of Chairman, the Board of Elections ring at least 70 days and not more than 174 days 

and Ethics shall . hold a special election in the after the date on which such vacancy occurs which 

District on the 1st Tuesday occurring more than the Board of Elections determines, based on a 

114 days after the date on which such vacancy totality of the circumstances, taking into account, 

occurs, unless the Board of Elections and Ethics inter alia, cultural and religious holidays and the 

determines that such vacancy could be more prac- administrability of the election, will provide the 

ticably filled in a special election held on the same opportunity for the greatest level of voter partic- 
day as the next general election to be held in the , ipation." for "and such speqial' election shall be 

.District occurring within 60 days of the date on held on the 1st Tuesday occurring more than 114 

which a special election would otherwise have been days after the date on which' such vacancy occurs 

held under the provisions of this paragraph."; in unless the Board of. Elections and Ethics deter- 

subsec. (d)(1), rewrote the first sentence which had mines that such vaearicy v could be more practicably 

read: "In the event of a vacancy in the Council of filled iii a special .electib'n held- on the same' day as 

a member elected from a ward, the Board of the next general election to be held in the. District 

Elections and Ethics shall holda special election in occurring within 60 days of the date oh which a 

such ward to fill such vacancy on the 1st Tuesday special election woulH Otherwise be held under the 

occurring more than 114 days after the date on provisions of this, subsection." . , , -, , , 
which such vacancy occurs, unless the Board of, . Miscellaneous Notes 

Elections and Ethics determines that such vacancy,' , Section 3 of Pub. L. 112-145.provides: . 

could be more practicably filled in a special elec- ^ ' _ .__; 

•tion held on the same day as the next general Sec. 3. EFFECTIVE DATE. i ' 

election to be held in the District occurring within "The amendments made by section 2. shall apply 

60 days of the date on which a special election with respect to vacancies occurring on or after the 

would otherwise have been held under the provi- enactment of this Act." '■■■>) 

PartB. The Mayor. • 

§ 1-204.21. Election, qualifications, vacancy, and compensation. 

(a) Thereis established the Office of Mayor of the District of Columbia; arid the Mayor 
shall be elected by the registered qualified electors of the District. ; ■ ■ ' 

. (b) The Mayor, established by subsection (a) of this section, shall be elected, on a partisan 
basis, for a' term of 4 years beginning at noon on January 2nd of the year following his 
election. , ' 

(c)(1) No person shall hold the Office of Mayor unless he: (A) Is a qualified elector; (B) 
has resided and been domiciled in the District for 1 year immediately preceding the day on 
which the general or special election for Mayor is to be held; and (C) is not engaged in. any 
employment (whether as an employee or as a self-employed individual) and holds no public 
office or position (other than his employment, in and position as Mayor), for which he is 
compensated in an amount in excess of his actual expenses in connection therewith, except 
that nothing in this clause shall be construed as prohibiting such, person, while holding 'the 
Office of Mayor, from serving as a delegate or alternate delegate to a convention of a political 
party nominating candidates for President and Vice President of the United States, or'from 
holding an appointment in a reserve component of an armed force of the United States 'dther 
than a member serving on active duty under a call for more than 30 days..' The Mayor' 'shall 
forfeit his office upon failure to maintain the qualifications' required by this paragraph. 

(2) To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special 
election in the District, on the Tuesday occurring at least 70 days and not more than 174 
days after the date on which such vacancy occurs which the Board of Elections determines, 
based on a totality of the circumstances, taking into account, inter alia, cultural and 
religious holidays and the administrability of the election, will provide the opportunity for 
the greatest level of voter participation. The person elected Mayor to fill a vacancy in the 
Office of Mayor shall take office on the day on which the Board of Elections and Ethics 
certifies his election, and shall serve as Mayor only for the remainder of the term during 
which such vacancy occurred. When the Office of Mayor becomes vacant the Chairman 
shall become Acting Mayor and shall serve from the date such vacancy occurs until the date 

.4 



GOVERNMENT OF DISTRICT § 1-204.35 

on which the Board of Elections and Ethics certifies the election of the new Mayor at which 
time he shall again become Chairman. While the Chairman is Acting Mayor, the Chairman 
shall receive the compensation regularly paid the Mayor, and shall receive no compensation 
as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council 
shall select one of the elected at-large members of the. Council to serve as Chairman and 
one to serve as chairman pro tempore, until the return of the regularly elected Chairman. 

(d) The Mayor shall receive compensation, payable in equal installments, at a rate equal to 
the maximum rate, as may be established from time to time, for level III of the Executive 
Schedule in § 5314 of Title 5 of the United States Code. Such rate of compensation may be 
increased or decreased by act of the Council. Such change in such compensation, upon 
enactment by the Council in accordance with the provisions of this chapter, shall apply with 
respect to the term of Mayor next beginning after the date of such change. In addition, the 
Mayor may receive an allowance, in such amount as the Council may from time to time 
establish, for official, reception, and representation expenses, which he shall certify in 
reasonable detail to the Council. 

(Dec. 24, 1973, 87 Stat. 789, Pub. L. 93-198, title IV, § 421; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, 
title III, § 306(a); July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(b).) 

Historical and Statutory Notes 

Effect of Amendments general election to be held in the District occurring 

Pub. L. 112-145, in subsec. (c)(2), rewrote the wi* 1 ™ 60 da y s of the date on which a s P eclal 

first sentence which had read: "To fill a vacancy in election wou ] d otherwise have been held under the 

the Office of Mayor, the Board of Elections and Provisions of this paragraph. 

Ethics shaU hold a special election in the District Miscellaneous Notes 

on the 1st Tuesday occurring more than 114 days Section 3 of Pub. L. 112-145 provides: 

after the date on which such vacancy occurs, unless "Sec. 3. EFFECTIVE DATE, 

the Board of Elections and Ethics. determines that "The amendments made by section 2 shall apply 

such vacancy could be more practicably filled in a with respect to vacancies occurring on or after the 

special election held on the same day as the next enactment of this Act." 

Part C-i. Election of the Attorney General. 

§ 1-204.35. Election of the Attorney General. 

(a) The Attorney General for the District of Columbia shall be elected on a partisan basis 
by the registered qualified electors of the District. Nothing in this section shall prevent a 
candidate for the position of Attorney General from belonging to a political party. 

(b)(1) If a vacancy in the position of Attorney General occurs as a consequence of 
resignation, permanent disability, death, or other reason, the Board of Elections shall hold a 
special election in the District on the Tuesday occurring at least 70 days and' not more than 
174 days after the date on which such vacancy occurs which the Board of Elections 
determines, based on a totality of the circumstances, taking into account, inter alia, cultural 
and religious holidays and the administrability of the election, will provide the opportunity for 
the greatest level of voter participation. If a vacancy in the position of Attorney General 
occurs as a consequence of resignation, permanent disability, death, or other reason, the 
Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday 
occurring more than 114 days after the date on which the vacancy occurs, unless the Board of 
Elections and Ethics determines that the vacancy could be more practicably filled in a special 
election held on the same day as the next general election to be held in the District occurring 
within 60 days of the date on which a special election would otherwise have been held under 
the provisions of this paragraph. The person elected Attorney General to fill a vacancy in the 
Office of the Attorney General shall take office on the day in which the Board of Elections 
and Ethics certifies his or her election, and shall serve as Attorney General only for the 
remainder of the term during which the vacancy occurred unless reelected. 

(2) When the position of Attorney General becomes vacant, the Chief Deputy Attorney 
General shall become the Acting Attorney General and shall serve from the date the 
vacancy occurs until the date on which the Board of Elections and Ethics certifies the 
election of the new Attorney General at which time he or she shall again become the Chief 

5 



§1-204.35 DC. OFFICME2C0DE 

Deputy Attorney General. While the Chief Deputy Attorney General is Acting Attorney 
■ General, he or she shall receive the compensation regularly paid the Attorney Genei-al,oahd 
; •' shall receive no compensation as Chief Deputy Attorney General. > ! '■'&&■ 

(c) The term of office for the Attorney General shall be 4 years and shall begin oh noon'bn 
January 2nd of the year following his or her election. The term of office of the Attorney 
General shall coincide with the term of office of the Mayor. !.<■>■ nv) 

(d) Any candidate for the position of Attorney General shall meet the qualifications' of 
§ 1-301.83, prior to the day on which the election for the Attorney General is to be held; 

: (e) The first election for the position of Attorney General shall be after January 1, 2014. •:■ 

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, as added May 28, 2011, D.G. Law 18-160A, § 201(b), 57 DOR 
3012; July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(c).) :.■',:•■ .; 

Historical and Statutory Notes •..-. ■ 

Effect of Amendments and Ethics determines that the vacancy" 1 could be 

. D.C. Law 112-145, in subset, (b)(1), substituted . .more practicably filled in a special election held on 
"the Board of Elections shall hold a special election. " -the same day, as the next general election to be 

in the District on the Tuesday occurring at least 70 held in the District occurring within 60 days of the 
days and not more than 174 days after the date,on ; y Relate 'on < which i a special election would otherwise 

which such vacancy occurs which the Board' of ' have teen held under the provisions of this para- 

EleetiOns determines, based on a totality of the graph" il,;il ' J ' i: ■''"' '"'' '' " ! "' 1 ' 1 

circumstances, taking into account, inter alia, cul- It;, '..- : . .- rt ... f ■. ■•] .;.,:,,■)<■ i ,>"" " ; ' : ■■•< .:i;i'i 

tural and religious holidays and the administrabili- Miscellaneous Notes , , ■, : : i: ;,rii'i 

ty of the election, will provide the opportunity for • Section, 3 '..of Pub.,L. 112-145 provides: ;;f-, ,„[) 

the greatest level of voter -participation" for "the « S eC. 3. EFFECTIVE DATE. ■ ■■; '', -mivf 

Board of Elections and Ethics shall hold a special ... „..,.„ 

election in the District on the 1st Tuesday occur- "The amendments made by section 2 shall app|y 

ring more than 114 days after the date on which with respect to vacancies occurring on Or after 'the; 

the vacancy occurs, unless the Board of Elections enactment of this Act." ' " ■'/■'■' 

Part D. District Budget and Financial Management. 

Subpart 1. Budget and Financial Management. 

§ 1-204.50. General and special funds. 

' : ' " ' ; Notes of Decisions ' . ' '■' t ' :v ',.[, •' '/,.'■','' ■'.. .''.','' 

Construction with other laws 2 .to District's General Fund for purpose of balancing 

. ., '.'..;''■■...,, District's budget for fiscal year; provision tif'Act 

' ".',J,.' providing for special funds did '.'mi prohibit' Council 

2. ' Construction with other laws ' from legislating transfer of monies out of' special 

.Council of District of Columbia did not violate fund 'and into General' Fundi; Washingt^DVQ. 

Home Rule Act when it directed transfer of monies Ass'n of Realtors, Inc. Y. 'District Of ;CoiuiriDia', 

from Real Estate Guarantee and Education Fund 2012, 44 A.3d "299. ■' Dish-ict ;!l pf v C'.oluhibia- &> r %tS 

"■': .:'..'■. Part E. Borrowing! :■■':. ij'A h".:\ ■ -■>■<■ '"■):»•''<' 



!i'j ! )0 
i ".Of 1 



" Subpart 5. Tax Exemptions; Legal Investment; Water Pollution; <>'>'> : >-- 

Reservoirs; Metro Contributions, : and Revenue i Bonds. .' :!1 

§1-204.87. Water pollution. ^ 'O 

Historical and Statutory Notes ; nv 

Emergency Act Amendments Congressional Approval Emergency Request Act 

For temporary (90 day) additions, see § 2 of of 2012 (D.C. Act 19-422, July 25, 2012,' 59 DCR 
Biue Plains Intermunicipal Agreement of 2012 9365). • , :; 

6 



GOVERNMENT OF DISTRICT 



§ 1-301.01 



Chapter 3 
Specified Governmental Authority. 



Subchapter I. Additional Governmental 

Powers and Responsibilities. 

Part A. General. 

Section 

1-301.01. Additional powers of Mayor, Council, 
and Director. 

Part C. The Council. 
Subpart 1. Legislative Privilege. 

1-301.41.' Definitions. 

1-301.43. Obstruction of Council proceedings 
and investigations; penalty. 

Subchapter II. Regulatory Authority. 
Part B. Outdoor Signs. 

1-303.21. Regulations. 

1-303.22. License required; fee. 

1-303.23. Penalties; publication of regulations. 

Part C. General. 

1-303.43. Regulations relative to firearms, ex- 
plosives, and weapons. 

Subchapter IV. Special Programs. 
Part A. General. 

1-307.02. District of Columbia medical assis- 
tance program. 

Subchapter V Advisory Neighborhood 

Commissions. 

Part A. General. 



Section 

1-309.03. 
1-309.05. 



Single-member districts. 

Advisory Neighborhood Commis- 
sions — Qualifications of members; 
nomination by petition. 



Subchapter XL Special Funds. 

Part J. Solid Waste Disposal Cost 

Recovery Special Account. 

1-325.91. Solid Waste Disposal Cost Recovery 
Special Account. 

Part R. H Street Retail Priority Area Fund. 

1-325.171. Definitions. 

1-325.173. H Street, N.E. Retail Priority Area 
business development. 

Subchapter XII-A. Grant Administration. 

1-328.03. Voting rights and statehood grants. 

Subchapter XV. Miscellaneous. 

1-333.11. Imposition of fee for delivery of bad 
check in payment of obligation due 
District of Columbia; amount of fee; 
manner of collection; exception. 

Subchapter XVI. Divestment, Prohibition on 
Investment of Certain Public Funds. 

Part B. Government of Iran. 

1-336.06. Sunset. 



Subchapter I. Additional Governmental Powers and Responsibilities. 

Part A. General. 



§ 1-301.01. Additional powers of Mayor, Council, and Director. 

Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 8002 of Fiscal Year 2013 Budget Support 
Emergency Act of 2012 (D.C. Act 19-383, June 19, 
2012, 59 DCR 7764). 



For temporary (90 day) amendment of section, 
see § 8002 of Fiscal Year 2013 Budget Support 
Congressional Review Emergency Act of 2012 
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 



§.'.1^301. : 41 ',■■':.:..'-. <D.CK OFFICIAL CODE 

Part C. The Council. 

,\. '; '■ Subpart 1. , Legislative Privilege., -< 
§1-301.41. Definitions. ,<■.> u m ^ui -y. ,n •tu-.^A-vHuei 

'■■''■ '■"''■>■■■ '■■■•■•,■.'•■' ' Nbtes of Decisions :■<;■. -'•■:,'3 .k^vyi 



' : t!i; 



1. Legislative duties , not serve the purpose of gathering information to 
Communications between District of Columbia g}Jide a legislative, vote, and. concerned an.^fecu^ 

mayor and councilmember regarding District of five, rather than legislative, -decision. Payne' v. 

Columbia employee's demotion and . termination District of Columbia, 2012, 2012 WL 1662524. Dis- 

were not protected by the District of Columbia's trict of Columbia ®= 7 r ; ! : 

Speech or Debate Clause; such communications did . " „"" 

§ !l-301.43. Obstruction of Council proceedings and investigations; penalty*! t 

-teziifi :■■:■• nA \i.:;t;;vA iii,- ,:■■ v.v./;:::, "; Notes of Decisions ' 7 ; ■. 'A.^v-.VEii ;mik 

2. Witnesses , ; ,., t . , , captain's termination .forrallegedlyEraising, : cgncerns 
Captain of District of Columbia Fire and;EmerJ- about waste and fraud.-by^officials^as required to 

gericy Medical Services Department (FEfiS) L was assert wrongful discharge for 'her' claims against 

not a witness in a proceeding 'or a participant in a District of Columbia for negligent hiring, training, 

^yc "™ 3 instigation and therefore, poUcy in and supe rvision.. Coleman ^District, of Columbia, 

District > of Columbia code making it^unlawM- to 2 Q 1 i I . ;8 2aF,Su PP ,2d 87i ^strict of .Columbian 7 
intimidate or impede a witness was not violated by ' 

.;:;*:> Subchapter ,11. Regulatory Authority. ,_. ... 

,■■:..:!'?,; 7.;.v 7 ;.f,.;, ..,: ':, ,., , Part B. Outdoor Signs. "'■' 
§1^303.21; Regulations. 



Historical and Statutory Notes 



'0;.:--! 



Emergency Act Amendments For temporary (90 day) addition, see § 2(b) of 

For temporary (90 day) amendment, of section, the Sign Regulation Emergency Amendment Act 

see § 2(a) of the Sign Regulation Emergency of 2012 (D.C. Act, 19-387, July 11, 2012, 59 DCR 

Amendment Act of 2012 (D.C. Act 19-387,. July 11, S491) 
2012, 59 DCR 8491). :!ii " ""' ; ' ; ' '' 

§ 1-303.22. License required; fee. 

Historical and Statutory Notes 

Emergency Act Amendments M'tw: >,- ') men | ^ of 2 oi2 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) repeal of section, see 59 DCR 8491). 
§ 2(c) of the Sign Regulation Emergencyi,Ameridy; y;j>:f "iu wi-r;n)u immlJihbf. JOJfiC-t $ 

§ 1-303.23. Penalties; publication df 'regulatiohsv- iJ5E 

-r'" ,: ■:"•■ if' 1 '■■"vw ■ '.■■■■' . " ,.'' ''•■: ■.; '■'.■' uirriH.'fMi'iffn/-, .}■»'*> , J , 3r! , );';'i')iiiM 

■'> '}>'■'■ i Historical and Statutory. Notes ,■ ■■■.': (.»■!.■ v\ , ::. •*<>'>? 

^Emergency Act Amendments ,! ! , Amendment Act of' '2012 (D.C. Act J&-3S7, i ,Juiy 11-, 

' v For temporary (90 day) amendment of section, 2012, 59 DCR 8491). ' , .{;■;>' , . ; V :' t: ,! ,; \ 

see § 2(d) of the Sign Regulation Emergency 



GOVERNMENT OF DISTRICT § 1-309.03 

Part C. General. 
§ 1-303.43. Regulations relative to firearms, explosives, and weapons. 

Notes of Decisions 

1. Construction and application firearms in 1906 Act; insofar as 1906 Act remained 

Authority given to District of Columbia in 1973 effective, it served only to clarify that new District 

in Home Rule Act (HRA) over "all rightful sub- of Columbia Council was body responsible for func- 

jects of legislation" gave power to District to enact tion of regulating firearms. Heller v. District of 

laws regulating firearms and superseded qualified Columbia, CA.D.C.2011, 670 P.3d 1244, 399 

grant to District of specific authority to regulate U.SApp.D.C. 314. Weapons ®=» 104 

Subchapter IV. Special Programs. 

Part A. General. 
§ 1-307.02. District of Columbia medical assistance program. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 5152 of Fiscal Year 2013 Budget Support 

see § 5152 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (d.c. Act 19-413, July 25, 2012, 59 DCR 9290). 
2012, 59 DCR 7764). 

Subchapter V. Advisory Neighborhood Commissions. 

Part A. General. 
§ 1-309.03. Single-member districts. 

Historical and Statutory Notes 

Temporary Addition of Section Advisory Neighborhood Commission ("ANC") ar- 

Section 2 of D.C. Law 19-145 establishes bound- eas and single-member district ("SMD") areas 

aries for Advisory Neighborhood Commission ar- within ANC areas, the boundaries of which shall 

eas and single-member districts within Advisory be depicted on the official maps of the District of 

Neighborhood Commission areas. Columbia according to the following legal descrip- 

Section 3 of D.C. Law 19-145 adds a provision to tions: 

read as follows: [July 13, 2012, D.C. Law 19-157, § 2(a)] 

"Sec. 3. Applicability of boundaries. Description of ANC 1A Boundaries 

"(a) Except as provided in subsection (b) of this All streets are located in the Northwest qua- 

section, the ANC and SMD boundaries set forth in dr ant - Beginning at the intersection of 16th 

section 2(a) shall apply as of January 2, 2013. Street and Spring Road; East on Spring Road to 

"(b) The ANC and SMD boundaries set forth in * ew Hampshire Avenue; Northeast on New 

„„„«„„ om i ii i c c j • • 4 Hampshire Avenue to Rock Creek Church Road; 

section 2(a) shall apply for purposes of administer- Nm X, a . t on Rock Creek church Road to Park ' 

ing the November 6, 2012 election, including deter- £ 01tneast on Ko ^ '-reek onurcn noaa to r-ark 

? • ,.j, ,. ' . J., ' j ,? . Place; South on Park Place to Michigan Avenue 

mining qualifications for candidacy and he resi- ■ Qn M Ayenue c ^ 

dence of a person signing a nominating petition for w Cl * bia R d to gh A u 

the November 6, 2012 election." gouth Qn Sherman Avenue tQ Harvard g^ 

Section 7(b) of D.C. Law 19-145 provides that West on Harvard Street to 13th Street; South on 

the act shall expire after 225 days of its having 13th Street to Girard Street; West on Girard 

taken effect. Street to 14th Street; South on 14th Street to the 

Miscellaneous Notes continuation of Girard Street; West on Girard 

Advisory Neighborhood Commissions Bound- Street to 15th Street; South on 15th Street to 

aries Act of 2012 Fuller Street; West on Fuller Street to 16th 

Sec. 2. (a) There are hereby established, pur- St : e f< ® orih on 16th Street to S P™g Road the 

suant to section 4(a) of the Advisory Neighborhood pomt ot ^^^^S- 

Councils Act of 1975, effective October 10, 1975 [Juty 13. 2 °1 2 > D -C- Law 19-157, § 2(a)] 

(D.C. Law 1-21; D.C. Official Code § l-309.03(a)), Description of SMD 1A01 Boundaries 



§ 1-309,03 



DC. OFEICIALiSQBEl) 



All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Spring Road; Bast on Spring Road to 
14th Street; South on 14th Street to Ogden Street; 
Northwest on Ogden Street to Perry Place; West 
on Perry Place to 16th Street; North oh l6th 
Street to Spring Road, the point of beginning; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1A02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Perry Place; East on Perry Place to 
Ogden Street; Southeast on Ogden Street to 14th 
Street; South on 14th Street to Newton Street; 
Bast on Newton Street to Holmead Place; South 
on Holmead Place to Monroe Street; Southwest on , 
Monroe Street to 14th Street; North 'on 14th 
Street to Newton Street; Northwest on, Newton 
Street to 16th Street; North on ,16th' Street to;. 
Perry Place, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] \.;.*i ■■).,■■) 
Description of SMD 1A03 Boundaries 
All streets are located in the Northwest qua^ 
drant. Beginning at the intersection of 16th 
Street and Irving Street; Bast on Irving Street to 
14th Street; South on 14th Street to Columbia 
Road; West on Columbia Road to Harvard Court; 
South along a line bearing due south from the 
intersection of Columbia Road and Harvard Court 
to its intersection with Harvard Street; West on 
Harvard Street to 15th Street; North on 15th 
Street to Columbia Road; Southwest on Columbia 
Road to 16th Street;' North on 16th Street to 
Irving Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1A04 Boundaries . 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Spring 
Road and 14th Street; South on 14th Street to 
Newton Street; East on Newton Street to Hol- 
mead Place; South on Holmead Place to Park 
Road; Northeast on Park Road to 13th; Street; 
North on 13th Street to Spring Road; We'st.fOn 
Spring Road to 14th Street, the point of beginning. 
[July 13, 2012, D.C. Law,19-157, § 2(a)] ' .'^i, 
Description of SMD 1A05 Boundaries > ; - 
All streets are located in the Northwest qua-; 
drant. Beginning at the intersection of 16th 
Street and Newton Street; Southeast on Newton. 
Street to 14th Street; South on 14th Street to 
Monroe Street; Northeast on Monroe Street to 
Holmead Place; South on Holmead Place to Park 
Road; Southwest on Park Road to 14th Street; 
South on 14th Street to Irving Street; West on 
Irving Street to 16th Street; North on 16th Street 
to Newton Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1A06 Boundaries 
' All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 14th 
Street and Park Road; Northeast oh Park Road to 
13th Street; North on 13th Street to Monroe 



Street; East on Monroe Street to 11th Street; 
South on 11th Street to Lamont Street; Bast on 
Lamont Street to Sherman Avenue; South on 
Sherman Avenue to Kenyon Street; West ori'Ken-^ 
yon Street to 11th Street; South on 11th Street to 
Irving Street; West on Irving Street to 14th 
Street; North on 14th Street to Park Roadejthe, 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] '';"',;;'.,; 

Description of SMD 1A07 Boundaries ,; 

All streets are located in the Northwest qua« ! 
drant. Beginning at the intersection -of Spring' 
Road and 13th Street; South on 13th Street to 
Monroe Street; East on Monroe Street to 11th 
Street; South on 11th Street to Lamont Street; 
East on Lamont Street to Sherman Avenue; 
North on Sherman Avenue to New Hampshire 
Avenue; Northeast on New Hampshire Avenue to 
■ Spring Rp.ad;-Northwest'0'nv Spring Road ;to! 13th; 
Street, the point of beginning. 
■•: '-JJuly . : l^,2qi2i.;D.C. Law 19-157, § 2(a)] 

Description of SMD 1A08 Boundaries ,j 

All, streets are, located, in the Northwest ^qua- 
drant. Beginning at the intersection of Monr,o.e ;! 
Street and Park Road;, East on Park Roaii^O} 
Georgia Avenue; North on Georgia Avenue; itp;: 
Newton Place; Bast on Newton Place to Warder 
Street; South on Warder Street to Park Road; 
East on Park Road to Park Place; North on Park 
Place to Rock Creek Church Road; West on Rock 
Creek Church Road to New Hampshire Avenue; 
Southwest on New Hampshire Avenue to Monroe 
Street, the point of beginning. ■"■',■■! ...it ;- 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 

Description of SMD 1A09 Boundaries 

All streets are located in the Northwest qua-, 
drant. Beginning at the intersection of M6hrpe J 
Street and Park Road; East on Park Road to 
Georgia Avenue; North on Georgia Avenue' to ! ' 
Newton Place; East on Newton Place to Warder,,' 
Street; South on Warder Street to Lamont Street;" 
West oh Lamont Street to 6th Street; SOuth :; 6n 
6th Street to Keefer Place; West oh Reefer Pfa'c'e' 
to Georgia Avenue; South on Georgia Avenuei'to 
Kenyon Street;, West on Kenyon Street to Sher- 
man Avenue; North on Sherman Avenue to ;Mpn-> 
roe Street, the point: .of beginning. ; ,,<; -nib*). 

,; [July 13, 2012, D.C. Law, ,19-157, § .2(a)] .",; . : ,| ,- 

Description of SMD ■1A10 Boundaries ': noil)) 

'All streets are lOcated' in the' Northwest" cju'^' 
draht. Beginning at the intersection Of SheMa'ff' 
Avenue 1 and Kenyon Street; South oh Sh.erman'l 
Avenue to Columbia Road; East on Columbia 
Road to' Michigan Avenue; East oh Michigan Ave- 
nue to Park Place; North on Park Place to Park; 
Road; West on Park Road to Warder Street;' 
South on Warder Street to Lamont Street; West, 
oh Lamont Street to 6th Street; South on. 6th 
Street to Keefer Place; West on Keefer Place ;to-, 
Georgia Avenue; South on Georgia Avenue .to 
Kenyon Street; West on Kenyon Street to .Sher- 
man Avenue, the point of beginning. , ; ji,-;,;") 

[July 13, 2012, D.C. Law 19-157, §, ;2(a)] ,■,;„;.').; I ', 



10 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Description of SMD 1A11 Boundaries 
All streets are located in the Northwest qua<- 
drant. Beginning at the intersection of Kenyon 
Street and Sherman Avenue; South on Sherman 
Avenue to Harvard Street; West on Harvard 
Street to 13th Street; North on 13th Street to 
Columbia Road; West on Columbia Road to 14th 
Street; North on 14th Street to Irving Street; 
East on Irving Street to 11th Street; North on 
11th Street to Kenyon Street; East on Kenyon 
Street to Sherman Avenue, the point of beginning; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1A12 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Columbia Road; South on 16th Street 
to Fuller Street; East on Fuller Street to 15th 
Street; North on 15th Street to Girard Street; 
East on Girard Street to 14th Street; North on 
14th Street to the continuation of Girard Street; 
East on Girard Street to 13th Street; North on 
13th Street to Columbia Road; West on Columbia 
Road to Harvard Court; South along a line bear- 
ing due south from the intersection of Columbia 
Road and Harvard Court to its intersection with 
Harvard Street; West on. Harvard Street to 15th 
Street; North .on 15th Street to Columbia Road; 
Southwest on Columbia Road to 16th Street, the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC IB Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Fuller 
Street and 16th Street;- East on Fuller Street to 
15th Street; North on 15th Street to Girard 
Street; East on Girard Street to 14th Street; 
North on 14th Street to the continuation of Girard 
Street; East on Girard Street to 13th Street; 
North on 13th Street to Harvard Street; East on 
Harvard Street to Sherman Avenue; North on 
Sherman Avenue to Columbia Road; East on Co- 
lumbia Road to Michigan Avenue; East and then 
southeast on Michigan Avenue to 1st Street; 
South on 1st Street to Bryant Street; West on 
Bryant Street to 2nd Street; South on 2nd Street 
to Rhode Island Avenue; Southwest on Rhode 
Island Avenue to Florida Avenue; Northwest on 
Florida Avenue to T Street; West on T Street to 
Wiltberger Street; South on Wiltberger Street to 
S Street; West on S Street to 14th Street; North 
on 14th Street to U Street; West on U Street to 
16th Street; North on 16th Street to Fuller Street, 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 2nd Street 
and V Street; South on 2nd Street to Rhode 
Island Avenue; Southwest on Rhode Island Ave- 
nue to Florida Avenue; Northwest on Florida 
Avenue to T Street; West on T Street to Wiltber- 
ger Street; South on Wiltberger Street to S 
Street; West on S Street to 8th Street; North on 
8th Street to V Street; East on V Street to 

11 



Georgia Avenue; North on Georgia Avenue to W 
Street; East on W Street to 4th Street; South on 
4th Street to V Street; East on V Street to 2nd 
Street, the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 1B02 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of S Street 
and 8th Street; North on 8th Street to V Street; ■ 
West on V Street to Florida Avenue; Northwest 
on Florida Avenue to W Street; West on W Street 
to 10th 'Street; North on 10th Street to Florida 
Avenue; West on Florida Avenue to 12th Street; 
South on 12th Street to S Street; East on S Street 
to 8th Street, the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 1B03 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 13th 
Street and Clifton Street; North on 13th Street to 
Fairmont Street; East on Fairmont Street to 
Georgia Avenue; North on Georgia Avenue to 
Girard Street; East on Girard Street to 6th 
Street; South on 6th Street to Fairmont Street; 
West on Fairmont Street to Georgia Avenue; 
South on Georgia Avenue to Euclid Street; West 
on Euclid Street to Sherman Avenue; South on 
Sherman Avenue to Barry Place; West on Barry 
Place to Florida Avenue; Northwest on Florida 
Avenue to 11th Street; North on 11th Street to 
Euclid Street; West on Euclid Street to 12th 
Street; South, on 12th Street to Clifton Street; 
West on Clifton Street to 13th Street, the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 1B04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 12th 
Street and Florida Avenue; West on Florida Ave- 
nue to 13th Street; North on 13th Street to Bel- 
mont Street; West on Belmont Street to 14th 
Street; South on 14th Street to Florida Avenue; 
Southwest on Florida Avenue to 15th Street; 
South on 15th Street to V Street; East on V 
Street to 12th Street; North on 12th Street to 
Florida Avenue, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B05 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and New Hampshire Avenue; Northeast on 
New Hampshire Avenue to V Street; East on V 
Street to 15th Street; North on 15th Street to 
Florida Avenue; Northeast on Florida Avenue to 
14th Street; North on 14th Street to Chapin 
Street; West on Chapin Street to 15th Street; 
North on 15th Street to Euclid Street; West on 
Euclid Street to 16th Street; South on 16th Street 
to New Hampshire Avenue, the point of beginning. 
. [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B06 Boundaries 



§1-309.03 



D.C. OFFICIAE CODE) 



Air streets are located in the Northwest qua- 
drant. Beginning at the intersection of Chapin 
Street and 15th Street; North on 15th Street to 
Euclid Street; East on Euclid Street to 14th 
Street; South on 14th Street to Clifton Street; 
East on Clifton Street to 12th Street; North on 
12th Street to Euclid Street; East on Euclid 
Street to 11th Street; South on 11th Street to 
Florida Avenue; West on Florida Avenue to 13th 
Street; North on 13th Street to Belmont Street; 
West on Belmont Street to 14th Street; North on 
14th Street to Chapin Street; West on Chapin 
Street to 15th Street, the point of beginning. 
. [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Euclid Street; North on 16th Street to 
Fuller Street; East on Fuller Street to 15th 
Street; North on 15th Street to Girard Street; 
East on Girard Street to 14th Street; South on,: 
14th Street to Fairmont Street; West on Fairmont 
Street to University Place; South on University 
Place to Euclid Street; West on Euclid Street' to , 
15th Street; South on 15th Street to the continua- [ 
tion of Euclid Street; West on Euclid Street to 
16th Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B08 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 13th 
Street and Girard Street; West on Girard Street 
to 14th Street; South on 14th Street to Fairmont 
Street; West on Fairmont Street to University 
Place; South on University Place to Euclid Street; 
East on Euclid Street to 14th Street; South on 
14th Street to Clifton Street; East on Clifton 
Street to 13th Street; North on 13th Street to 
Girard Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B09 Boundaries 
. All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 13th 
Street and Fairmont Street; North on 13th Street 
to Harvard Street; East on Harvard Street to 
Sherman Avenue; North on Sherman Avenue to 
Columbia Road; East on Columbia Road to Geor- 
gia Avenue; South on Georgia Avenue to Fairmont 
Street; West on Fairmont Street to 13th Street, 
the point of beginning. v il 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1B10 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Columbia Road; East on Columbia 
Road to Michigan Avenue; East and then south- 
east on Michigan Avenue to 1st Street; South on 
1st Street to Bryant Street; West on Bryant 
Street to 4th Street; North on 4th Street to 
Howard Place; West on Howard Place to 6th 
Street; North on 6th Street to Fairmont Street; 
East on Fairmont Street to the continuation of 6th 
Street; North on 6th Street to Girard Street; 



West on Girard Street to Georgia Avenue; North 
on Georgia Avenue to Columbia Road, the point/ of 
beginning. , ■;, 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' ' : ;. 

Description of SMD 1B11 Boundaries ' : 

All streets are located in the Northwest qua-: - 
drant. Beginning at the intersection of Sherman -; 
Avenue and Euclid Street; South on Sherman! 
Avenue to Barry Place; West on Barry Place to 
10th Street; South on 10th Street; to W Street;, 
East on W Street to Florida Avenue; Southeast on 
Florida Avenue to V Street; East ( on V Street to 
Georgia Avenue; North on Georgia Avenue to W 
Street; East on W Street to 4th Street; South on 
4th Street to V Street; East on V Street to 2nd 
Street; North on 2nd Street to Bryant Street; 
West on Bryant Street to 4th Street; North oh 4th 
Street to Howard Place; West on Howard Place to 
6th Street; North on, 6th Street to , Fairmont; 
Street; West on Fairmont Street to, Georgia Aye- 
nue; South on Georgia Avenue to Euclid Street; 
West on Euclid Street to Sherman Avenue, the 
point of beginning. -.■■,.■'■ 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ,./.'■. ; 

Description of SMD IB 12 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of U Street, 
and New Hampshire Avenue; Northeast on New 
Hampshire Avenue to V Street; East on V Street 
to 12th Street; South on 12th Street to S Street; 
West on S Street to 14th Street; North on 14th 
Street to U Street; West on U Street to New 
Hampshire Avenue, the point of beginning; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 1C Boundaries 

■ All streets are located in the Northwest qua* 
drant. Beginning at the intersection of 16th 
Street and U Street; West on U Street to Florida 
Avenue; Southwest on Florida Avenue to Connect- 
icut Avenue; Northwest on Connecticut Avenue to 
Rock Creek; North along Rock Creek to its interT 
section with a line extending Harvard Street from ; 
the east; East along said line extending Harvard 
Street to Harvard Street; East on Harvard Street 
to. 16th Street; South .on .16th Streetto U. Streets, 

the point of beginning. ;.;■,■!■<■■■■■. ,,: -,';,;:: t;i. ;;[)i';ni"-I 

' [July i i3,'2012i;DM Law 19-457; F2(a)] '""^f^ 

( Description of jSiyiD ICOl Boundaries .:jj ( . | ', ' 

All streets' are located in , the"; Northwest; ;quaw 
drant. Beginning at the intersection, of<;il|8thi 
Street and (Florida, Avenue; Southwest on Florida 
Avenue to Connecticut Avenue; .Northwest .on 
Connecticut Avenue to Wyoming Avenue; East on 
Wyoming Avenue to 20th Street; North on 20th. 
Street to Kalorama Road; East on Kalorama.Ro'ad'' 
to 19th Street; South on 19th Street to Wyoming; 
Avenue; East on Wyoming Avenue to 18th Street'; 1 
South on 18th Street to Florida Avenue, the point 1 
of beginning; ■ . 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ; 

Description of SMD 1C02 Boundaries 



12 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Connecti- 
cut Avenue and Wyoming Avenue; East on Wyo- 
ming Avenue to 20th Street; North on 20th Street 
to Kalorama Road; East on Kalorama Road to 
19th Street; North on 19th Street to Biltmore 
Street; East on Biltmore Street to Cliffbourne 
Place; North on Cliffbourne Place to Calvert 
Street; West on Calvert Street to Rock Creek; 
Southwest along Rock Creek to Connecticut Ave- 
nue; Southeast on Connecticut Avenue to Wyo- 
ming Avenue, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1C03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 19th 
Street and Wyoming Avenue; East on Wyoming 
Avenue to 18th Street; North on 18th Street to 
Columbia Road; Southwest on Columbia Road to 
Biltmore Street; West on Biltmore Street to 19th 
Street; South on 19th Street to Wyoming Avenue, 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1C04 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Calvert 
Street and Rock Creek; North along Rock Creek 
to its intersection with a line extending Harvard 
Street from' the east; East along said line extend- 
ing Harvard Street to Harvard Street; East on 
Harvard Street to Adams Mill Road; Southwest 
on Adams Mill Road to Summit Place; East on 
Summit Place to 18th Street; South on 18th Street 
to Ontario Road; Southeast on Ontario Road to 
Lanier Place; Southwest on Lanier Place to Cal- 
vert Street; East on Calvert Street to Adams Mill 
Road; Southeast on Adams Mill Road to Columbia 
Road; Southwest on Columbia Road to Biltmore 
Street; West on Biltmore Street to Cliffbourne 
Place; North on Cliffbourne Place to Calvert 
Street; West on Calvert Street to Rock Creek, the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1C05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Adams 
Mill Road and Summit Place; East on Summit 
Place to 18 Street; South on 18th Street to Ontario 
Road; Southeast on Ontario Road to Lanier Place; 
Northeast on Lanier Place to Quarry Road; 
Southeast on Quarry Road to Columbia Road; 
Northeast on Columbia Road to 16th Street; 
North on 16th Street to Harvard Street; West on 
Harvard Street to Adams Mill Road; Southwest 
on Adams Mill Road to Summit Place, the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1C06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Columbia 
Road and 16th Street; South on 16th Street to 
Kalorama Road; Southwest on Kalorama Road to 
17th Street; North on 17th Street to Euclid 



Street; West on Euclid Street to Ontario Road; 
North on Ontario Road to Columbia Road; North- 
east on Columbia Road to the continuation of 
Ontario Road; Northwest on Ontario Road to La- 
nier Place; Northeast on Lanier Place to Quarry 
Road; Southeast on Quarry Road to Columbia 
Road; Northeast on Columbia Road to 16th 
Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] . 
Description of SMD 1C07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 18th 
Street and Florida Avenue; North on 18th Street 
to Adams Mill Road; Northwest on Adams Mill 
Road to Calvert Street; West on Calvert Street to 
Lanier Place; Northeast on Lanier Place to Ontar- 
io Road; Southeast on Ontario Road to Columbia 
Road; Southwest on Columbia Road to the contin- 
uation of Ontario Road; South on Ontario Road to 
Euclid Street; East on Euclid Street to 17th 
Street; South on 17th Street to Kalorama Road; 
Southwest on Kalorama Road to Ontario Road; 
South on Ontario Road to Florida Avenue; South- 
west on Florida Avenue to Seaton Street; East on 
Seaton Street to 17th Street; South on 17th Street 
to U Street; West on U Street to Florida Avenue; 
Southwest on Florida Avenue to 18th Street, the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1C08 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Kalorama Road; Southwest on Kalora- 
ma Road to Ontario Road; South on Ontario Road 
to Florida Avenue; Southwest on Florida Avenue 
to Seaton Street; East on Seaton Street to 17th 
Street; South on 17th Street to U Street; East on 
U Street to 16th Street; North on 16th Street to 
Kalorama Road, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC ID Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Rock 
Creek and a line extending Piney Branch Parkway 
from the east; East along said line extending 
Piney Branch Parkway to Piney Branch Parkway; 
Continuing east on Piney Branch Parkway to 16th 
Street; South on 16th Street to Harvard Street; 
West on Harvard Street to its end; Continuing 
west along a line extending Harvard Street to the 
west to Rock Creek; North along Rock Creek to 
its intersection with a line extending Piney Branch 
Parkway from the east, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1D01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of ,18th 
Street and Newton Street; East and then south- 
east on Newton Street to Brown Street; Northeast 
on Brown Street to Oak Street; Southeast on Oak 
Street to 16th Street; South on 16th Street to 
Monroe Street; Northwest on Monroe Street to 
17th Street; South on 17th Street to Kenyon 



13 



§1-309.03 



DC. OFFICIAL CODE 



Street; West on Kenyon Street to 18th Street; 
North on 18th Street to Newton, Street, the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] : 
Description of SMD 1D02 Boundaries 
: All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 17th 
Street and Newton Street; North on 17th Street 
to Piney Branch Parkway; Northeast on Piney 
Branch Parkway to 16th Street; South on 16th 
Street to Oak Street; Northwest on Oak Street to 
Brown Street; Southwest on Brown ■ Street to 
Newton Street; Northwest on Newton Street tb 
17th Street, the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)], ' 
Description of SMD 1D03 Boundaries 
All streets are located in the Northwest . qua- 
drant. Beginning at the intersection of 17th 
Street and Newton Street; North on 17th Street 
to Piney Branch Parkway; Southwest on Piney 
Branch Parkway to Beach Drive; Continuing 
southwest along a line extending Piney Branch 
Parkway to Rock Creek; Southwest along Rock 
Creek to Klingle Road; East on Klingle Road to 
Walbridge Place; South on Walbridge Place tb 
Lamont Street; East on Lamont Street, and con- 
tinuing east on a line extending Lamont Street to 
19th Street; Southeast on 19th Street to Kilbourne 
Place; East on Kilbourne Place to 18th Street; 
North on 18th Street to Newton Street; East on 
Newton Street to 17th Street, the point of begin- 
ning. 

: [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 1D04 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Monroe Street; Northwest on Monroe 
Street to 17th Street; South on 17th Street to 
Irving Street; East on Irving Street to 16th 
Street; North on 16th Street to Monroe, !3treet, 
the point of beginning. 

"■■ [July 13, 2012, D.C. Law 19-157, § 2(a)] ' C^,. 
Description of SMD 1D05 Boundaries ,r : 

All streets are located in the Northwest qlla^ 
drant. Beginning at the intersection of 16th 
Street and Irving Street; South on 16th Street to 
Harvard Street; West on Harvard Street to its 
end; Continuing west on a line extending Harvard 
Street to Rock Creek; Northwest along the cen- 
terline of Rock Creek to Klingle Road; East oh 
Klingle Road to Walbridge Place; South on Wal- 
bridge Place to Lamont Street; East on Lamont 
Street, and continuing east on a line extending 
Lamont Street to 19th Street; Southeast on 19th 
Street to Kilbourne Place; East on Kilbourne 
Place to 18th Street; South on 18th Street to 
Kenyon Street; East on Kenyon Street to 17th 
Street; South on 17th Street to Irving Street; 
East on Irving Street to 16th Street, the point of 
beginning. 

": [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 2A Boundaries 



All streets are located in the Northwest [.qua- 
drant unless otherwise designated. Begihningra't 
the intersection of the centerline of Rock:, Creek 
and a line extending N Street from the east; East 
on said line to N Street; East on N Street tb 22nd 
Street; South on 22nd Street to Ward Placed; 
Southeast on Ward Place to New Hampshire AvS 
nue; Northeast on New Hampshire Avenue to;N 
Street; East on N Street to 20th Street; South oh' 
20th Street to Pennsylvania Avenue; Southeast on 
Pennsylvania Avenue to 17th Street; East on 
Pennsylvania Avenue to 15th Street; . South on 
15th Street to Independence Avenue, S.Ws; East 
on Independence Avenue, S.W. to ... 14th T ,Street, 
S.W.; Southwest on 14th Street,' S.W: , to ; the 
George Mason Memorial Bridge; Continuing 
southwest on the George Mason Memorial Bridge 
to the District of Columbia-Commonwealth of .Vir- 
ginia boundary line at the Commonwealth of Virgi- 
nia shore of the Potomac River; Northwest oh the 
District of Columbia-Commonwealth of Virginia 
boundary line to its intersection with the Theodore 
Roosevelt Memorial Bridge; Northeast from said 
intersection across the Potomac River to the cen- 
ter of the mouth of Rock" Creek; Northeast along 
the centerline of Rock Creek to the point of begin- 
ning. ■ • .j'r'nvsb 
[July 13, 2012, D.C. Law 19-157, § 2(a)] s^'W 
Description of SMD 2A01 Boundaries Ji J) ] 
All streets are located in the Northwest- qu% 
drant unless otherwise designated. Beginning. at 
the intersection of 17th Street and Pennsylvania 
Avenue; East on Pennsylvania Avenue to ,15th 
Street; South on 15th Street to Independence 
Avenue, S.W.; East on Independence Avenue, 
S.W. to 14th Street, S.W.; Southwest on 14th 
Street, S.W. to the George Mason Memorial 
Bridge; Continuing southwest on the George Ma 7 
son Memorial Bridge to the District of Columbia- 
Commonwealth of Virginia shore of the Potomac 
River; Northwest along the District of Columbian- 
Commonwealth of Virginia boundary line \ to, its 
intersection with the Arlington. Memorial Bridge'; 
Northeast o'rt the Arlington Memorial Bridge 'tb'its 
intersection with the northeastern' shoreline of- the 
Potomac River; Southeast along said shoreline, of 
the Potomac River to its . intersection with .a: dine 
extending 23rd Street, N.W. to the south; ; North 
-along said line tb 23rd Street;' Continuing north ;6n 
23rd Street to the. E street«Expressway; < Easfeco'h 
( the E Street Expressway to 21st Street; North<bh 
21st Street tb F Street; East on.F Street M 17th 
Street; North -on 17th Street to the point of begihi- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 
Description of SMD 2A02 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of the centerline of Rock Creek 
with a line extending N Street from the east; East 
on said line to N Street; Continuing east, on ,N 
street to 23rd Street South on 23rd Street to L 
Street; West on L Street to 24th Street; South oh 
24th Street to Pennsylvania Avenue; Northwest 



14 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



along Pennsylvania Avenue to the centerline of 
Rock Creek; Northeast along the centerline of 
Rock Creek to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2A03 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of Pennsylvania Avenue and the 
centerline of Rock Creek; Southeast on Pennsyl- 
vania Avenue to 24th Street; South on 24th Street 
to New Hampshire Avenue; Southwest on New 
Hampshire Avenue to I Street; West on I Street 
to 26th Street; North on 26th Street to K Street; 
West on K Street to the centerline of Rock Creek; 
Northwest along the centerline of Rock Creek to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2A04 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. ' Beginning at 
the intersection of the centerline of Rock Creek 
and K Street; East on K Street to 26th Street; 
South on 26th Street to I Street; East on I Street 
to 24th Street; South on 24th Street to Virginia 
Avenue; Northwest on Virginia Avenue to 25th 
Street; South on 25th Street to F Street; East on 
a line extending F Street to the centerline of 1—66; 
South on said centerline of 1-66 to the E Street 
Expressway; East on the E Street Expressway to 
23rd Street; South on 23rd Street to Lincoln 
Memorial Circle; Continuing south along a line 
extending 23rd Street to its intersection with the 
northeast shoreline of the Potomac River; North- 
west along said shoreline of the Potomac River to 
the Arlington Memorial Bridge; Southwest on the 
Arlington Memorial Bridge to the District of Co- 
lumbia — Commonwealth of Virginia boundary at 
the Commonwealth of Virginia shore of the Poto- 
mac River; Northeast along said shoreline of the 
Potomac River to its intersection with the Theo- 
dore Roosevelt Memorial Bridge; Northeast from 
said intersection to the center of the mouth of 
Rock Creek; North along the centerline of Rock 
Creek to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2A05 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of 24th Street and H Street; East 
on H Street to 23rd Street; South on 23rd Street 
to the E Street Expressway; West on the E Street 
Expressway to the centerline of 1-66; North on 
said centerline of 1-66 to its intersection with a 
line extending F Street from the west; West on 
said line to F Street Continuing west on F Street 
to 25th Street; North on 25th Street to Virginia 
Avenue; Southeast on Virginia Avenue to 24th 
Street; North on 24th Street to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2A06 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 

15 



the intersection of N Street and 23rd Street; East 
on N Street to 22nd Street; South on 22nd Street 
to Ward Place; Southeast on Ward Place to New 
Hampshire Avenue; Northeast on New Hampshire 
to N Street; East on N Street to 20th Street; 
South on 20th Street to Pennsylvania Avenue; 
Northwest on Pennsylvania Avenue to Washington 
Circle; Continuing northwest on a line extending 
Pennsylvania Ave across Washington Circle to 
24th Street; North on 24th Street to L Street; 
East on L Street to 23rd Street; North on 23rd 
Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 2A07 Boundaries 

All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of. 24th and Pennsylvania Avenue; 
Southeast on Pennsylvania Avenue to I Street; 
West on I Street to 22nd Street; South on 22nd 
Street to F Street; East on F Street to 21st 
Street; South on 21st Street to the E Street 
Expressway; West on the E Street Expressway to 
23rd Street; North on 23rd Street to H Street; 
West on H Street to 24th Street; North on 24th 
Street to I Street; West on I Street to New 
Hampshire Avenue; Northeast on New Hampshire 
Avenue to 24th Street; North on 24th Street to 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 2A08 Boundaries 

All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of I Street and Pennsylvania Ave- 
nue; Southwest on Pennsylvania Avenue to 17th 
Street; South on 17th Street to F Street; West on 
F Street to 22nd Street; North on 22nd Street to I 
Street; East on I Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of ANC 2B Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Florida 
Avenue and 19th Street; Northeast on Florida 
Avenue to U Street; East on U Street, to 14th 
Street; South on 14th Street to S Street; West on 
S Street to 15th Street; South on 15th Street to 
Vermont Avenue; Southwest on Vermont Avenue 
to H Street; East oh H Street to 15th Street; 
South on 15th Street to Pennsylvania Avenue; 
West on Pennsylvania Avenue to 20th Street; 
North on 20th Street to N Street; West on N 
Street to New Hampshire Avenue; Southwest on 
New Hampshire Avenue to Ward Place; North- 
west on Ward Place to 22nd Street; North on 22nd 
Street to N Street; West on N Street to 25th 
Street; Continuing west on a line extending N 
Street west to the centerline of Rock Creek; 
North along the. centerline of Rock Creek to P 
Street; East on P Street to 22nd Street; North on 
22nd Street to Florida Avenue; Northeast on Flor- 
ida Avenue to the point of beginning; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 2B01 Boundaries 



f§i 1-309.03 



D.G OFFICIAL CODE 



All streets are located in the Northwest qua- 
drant. Beginning at, the intersection of Florida 
Avenue and 19th Street; South on 19th Street to 
'Swann Street; East on Swann Street to New 
..Hampshire Avenue; Southwest on New Hamp- 
shire Avenue to Riggs Place; West on Riggs Place 
to 19th Street; South on 19th Street to R Street; 
West on R Street to Florida Avenue; Northeast on 
'Florida Avenue to the point of beginning. 
; : [July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 2B02 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of. Florida 
Avenue and R Street; East on R Street to Con- 
necticut Avenue; Southeast on Connecticut Ave- 
nue to Dupont Circle; Clockwise around Dupont 
Circle to its southwestern intersection witlv New 
Hampshire Avenue; Southwest on ; New ; Hamp- 
shire Avenue to Street; West on Street, to 
23rd Street; North on 23rd Street to ,p Street; 
East on P Street to 22nd Street; North on 22nd 
(Street to Florida Avenue; Northeast on, Florida 
; Avenue to the point of beginning; ■■.■■,"': ;■ 
•■i: [July 13, 2012, D.C. Law 19-157, § 2(a)]- ■ 

Description of SMD 2B03 Boundaries 
i'All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New 
Hampshire Avenue and 17th Street; South on 17th 
Street to Q Street; West on Q Street to New 
Hampshire Avenue; Southwest on New Hamp- 
shire Avenue to Dupont Circle; Counter-clockwise 
around Dupont Circle to Connecticut Avenue; 
Northwest on Connecticut Avenue to R Street; 
East on R Street to 19th Street; North, on 19th 
Street to Riggs Place; East on Riggs Place to 
.New Hampshire Avenue; Northeast on New 
Hampshire Avenue to the point of beginnings 

[July 13, 2012, D.C, Law 19-157, § 2(a)] . 

Description of SMD 2B04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 17th 
Street and S Street; East on S .Street to 15th 
Street; South on 15th Street to Q Street; West 6n 
Q Street to 17th Street; North on 17th Street to 
the point of beginning. ' . ".''.'''.'' 

'.'' [July 13, 2012, D.C. Law 19-157, § 2(a)j'"^. ;.,!■/ 
;. Description of SMD 2B05 Boundaries ' , 

AD streets are located in the Northwest 'qua- 
drant. Beginning at the intersection of : 17th 
Street and Q Street; East on Q Street to 1 15th 
Street; South on 15 Street to Vermont Avenue; 
Southwest on Vermont Avenue to H Street; East 
: 6n H Street to 15th Street; South on 15th Street 
to Pennsylvania Avenue; West on Pennsylvania 
Avenue to 17th Street; Ntirth on 17th Street 'to 
.Connecticut Avenue; Northwest on Connecticut 
'Avenue to 18th Street; North on 18th Street & 
^Massachusetts Avenue; Southeast on Massachti- 
setts Avenue to 17th Street; North on 17th Street 
to the point of beginning. ' •■' 

[July 13, 2012, D.C. Law 19-157, § 2(a)] v i 

Description of SMD 2B06 Boundaries 



All streets are located in the Northwest qua- 
drant. Beginning at the intersection of P Street 
and 23rd Street; South on 23rd Street to O Street; 
East on O Street to New Hampshire Avenue; 
Northeast on New Hampshire Avenue to Dupont 
Circle; Counter-clockwise around Dupont Circle 
to 19th Street; South on 19th Street to Jefferson 
Place; East on Jefferson Place to Connecticut 
Avenue; Southeast on Connecticut Avenue to 17th 
Street; South on 17th Street to Pennsylvania Ave- 
nue; Northwest on Pennsylvania Avenue to 20th 
Street; North on 20th Street to N Street; West on 
N Street to New Hampshire Avenue; Southwest 
on New Hampshire Avenue to Ward Place; North- 
west on Ward Place to 22nd Street; North on 22nd 
'Street to N Street; West on N Street to 25th 
Street; Continuing west along a line 1 extending N 
Street west to the .' centerline of Rock 'Creek; 
North on the centerline) of Rock Creek jto, P. Street; 
East on P Street to the point of beginning. , 
,'•■ [July 13, :2012, D.-C. Law 19-157, § 2(a)] - : . »-;. 
< Description of SMD 2B07 Boundaries > ' 
■■ All streets' are located in the Northwest (jua- 
drant. Beginning at the intersection of New 
Hampshire Avenue arid Q Street; East oh Q 
Street to 17th Street; South on 17th Street to 
Massachusetts Avenue; Northwest on Massachu- 
setts Avenue to 18th Street; South on 18th Street 
to Jefferson Place; West on Jefferson Place to 
19th Street; North on 19th Street to Dupont Cir- 
cle; Counter-clockwise around Dupont Circle to 
New Hampshire Avenue; Northeast on New 
Hampshire Avenue to the point of beginning. ' 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 

Description of SMD 2B08 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Florida 
Avenue and U Street; East on U Street to New 
Hampshire Avenue; Southwest on New Hamp- 
shire Avenue to T Street; West on T Street to 
17th Street; South on 17th Street to New Hamp- 
shire Avenue; Southwest on New Hampshire Ave- 
■hue to Swann Street; West on. Swann Street: to 
19th Street; North on 19th Street to Florida Ave- 
nue; Nortjieast on Florida Avenue to;the point of 
beginning. ., | ..,., .;„,.■ , ,-.. .^ Wv ..' s .., A r. 

[July 13, 2012, D.C. Law 19-157, § 2(a)J [ ',...,' 
■V Description of SMD 2B09 Boundaries,, J,.'.;. ; j, 
. All streets are located in: the> Northwest, qua- 
drant. : .^Beginning at the ''i intersection ■ of : 16th 
Street "and U. Street; East -on U .Street to 14th 
.Street; South on 14th Street to S Street; West-On 
;S Street to 17th Street; North on 17th Street to ,T 
i Street; East on T. Street to New Hampshire Ave- 
nue; Northeast on New Hampshire Avenue to the . 
. point of beginning. ' '[.'' 

■ : ' [July 13, 2012, D.C. Law 19-157, § 2(a)] i; " 

Description of ANC 2C Boundaries ' ", ' . 

All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersectibn of I Street and Vermont Avenue; 
East on I Street to 11th Street; North on 11th 
Street to Massachusetts Avenue; Southeast . on 



16 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Massachusetts Avenue to Mt. Vernon Place; East 
on Mt. Vernon Place to 7th Street; South on 7th 
Street to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to the eastern boundary of 
Interstate 395; South on along the eastern bound- 
ary of Interstate 395 to the point where it crosses 
beneath Constitution Avenue; East on Constitu- 
tion Avenue to its intersection with a line extend- 
ing north from the center line of South Capitol 
Street through the center of the Capitol building; 
South along said line to Independence Avenue; 
West on Independence Avenue to 15th Street, 
S.W.; North on 15th Street, S.W. to 15th Street; 
Continuing north on 15th Street to H Street; West 
on H Street to Vermont Avenue; North on Ver- 
mont Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2C01 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of I Street and Vermont Avenue; 
East on I Street to 11th Street; North on 11th 
Street to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to Mt. Vernon Place; East 
on Mt. Vernon Place to 7th Street; South on 7th 
Street to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to 5th Street; South on 5th 
Street to H Street; West on H Street to 6th 
Street; South on 6th Street to E Street; West on 
E Street to 9th Street; South on 9th Street to 
Independence Avenue, SW; West on Indepen- 
dence Avenue to 15th Street, S.W.; North on 15th 
Street, S.W. to 15th Street; Continuing north on 
15th Street to H Street; West on H Street to 
Vermont Avenue; North on Vermont Avenue to 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 
Description of SMD 2C02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Massachu- 
setts Ave and 5th Street; Southeast on Massachu- 
setts Ave to the eastern boundary of Interstate 
395; South along the eastern boundary of Inter- 
state 395 to its intersection with a line projected 
east from G Street; West along said line to G 
Street; Continuing West on G Street to 5th Street; 
North along 5th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2C03 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of 6th Street and H Street; East 
on H Street to 5th Street; South on 5th Street to 
G Street; East on G Street and continuing east 
along a line projecting G Street to the eastern 
boundary of Interstate 395; South along said east- 
ern boundary of Interstate 395 to the point where 
it crosses beneath Constitution Avenue; East on 
Constitution Avenue to its intersection with a line 
extending north from the center line of South 
Capitol Street through the center of the Capitol 
building; South along said line to Independence 
Avenue; West on Independence Avenue, S.W. to 
9th Street, S.W.; North on 9th Street, S.W. to 9th 

17 



Street; Continuing north on 9th Street to E 
Street; East on E Street to 6th Street; North on 
6th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 2D Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of Connecticut Avenue and Rock 
Creek; South on Connecticut Avenue to Florida 
Avenue; Southwest on Florida Avenue to 22nd 
Street; South on 22nd Street to P Street; West on 
P Street to Rock Creek; North on Rock Creek to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2D01 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of Connecticut Avenue and Rock 
Creek; South on Connecticut Avenue to California 
Street; West on California Street to 23rd Street; 
South on 23rd Street to Bancroft Place; West on 
Bancroft Place to 24th Street; South on 24th 
Street to Massachusetts Avenue; Northwest on 
Massachusetts Avenue to Rock Creek; Northeast 
on Rock Creek to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2D02 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of Connecticut Avenue and Cali- 
fornia Street; South on Connecticut Avenue to 
Florida Avenue; Southwest on Florida Avenue to 
22nd Street; South on 22nd Street to P Street; 
West on P Street to Rock Creek; North on Rock 
Creek to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to 24th Street; North on 
24th Street to Bancroft Place; East on Bancroft 
Place to 23rd Street; North on 23rd Street to 
California Street; East on California Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] , 
Description of ANC 2E Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of the southern boundary of the 
eastern leg of Glover Archbold Park and the east- 
ern boundary of Glover Archbold Park; South 
along the eastern boundary of Glover Archbold 
Park and along a line extending the eastern bound- 
ary of Glover Archbold Park south to the District 
of Columbia-Commonwealth of Virginia boundary 
line at the Commonwealth of Virginia shore of the 
Potomac River; South along the District of Colum- 
bia-Commonwealth of Virginia boundary line to its 
intersection with the Theodore Roosevelt Memorial 
Bridge; Northeast from said intersection to the 
center of the mouth of Rock Creek; North along 
the centerline of Rock Creek to Massachusetts 
Avenue; Northwest along Massachusetts Avenue 
to Whitehaven Street; West on Whitehaven Street 
to the northwest boundary of Dumbarton Oaks 
Park; West along the northwest boundary of 
Dumbarton Oaks Park to • Whitehaven Street; 



§ 1-309.03 



D.C. OFFICIAL CODE; 



West on Whitehaven Street to Wisconsin Avenue; 
North on Wisconsin Avenue to 35th Street; South 
on 35th Street to Whitehaven Parkway; West on 
Whitehaven Parkway to the southern boundary of 
the eastern leg of Glover Archbold Park; West on 
said boundary to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2E01 Boundaries 

All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of the southern boundary of the 
eastern leg of Glover Archbold Park and the east- 
ern boundary of Glover Archbold Park; South 
along the eastern boundary of Glover Archbold 
Park to the Georgetown Medical Center Service 
road just south of the New Research Building; 
East on said road to the Lombardi Cancer Center; 
Continuing east along the southern edge of the 
Lombardi Cancer Center to the Pasquerilla Health 
Center; South along the western edge of the Pas- 
querilla Health Center to the Leavey parking ga- 
rage; East along the northern edge of the Leavey 
parking garage to the existing campus road imme- 
diately to the east of the garage. North on said 
road to Reservoir Road; East on Reservoir Road 
to 35th Street; North on 35th Street to S Street; 
East along a line extending S Street east to 34th 
Street; North on 34th Street to Wisconsin Avenue; 
Northwest on Wisconsin Avenue to 35th Street; 
South on 35th Street to Whitehaven Parkway; 
West on Whitehaven Parkway to the southern 
boundary of the eastern leg of Glover Archbold 
Park; Continuing west along the southern bounds 
ary of the eastern leg of Glover Archbold Park to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2E02 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of 38th Street and Reservoir Road; 
South along the existing Georgetown University 
campus road to a point equidistant from the Dar- 
nall Hall building and the westernmost Henle Vil- 
lage building; Northeast along a line equidistant 
from the Darnall Hall building and the Henle 
Village buildings until extending as far north as 
the northwest corner of the northernmost Henle 
Village building; East to the western property 
boundary of the Georgetown Visitation School; 
Counterclockwise around the property boundary of 
the Georgetown Visitation School to P Street; 
East on P Street to 35th Street; North on 35th 
Street to Volta Place; East on Volta Place to 
Wisconsin Avenue; Northwest on Wisconsin Ave- 
nue to Q Street; East on Q Street to 32nd Street; 
North on 32nd Street to S Street; West on S 
Street to Wisconsin Avenue; Northwest on Wis- 
consin Avenue to 34th Street; South on 34th 
Street to its intersection with a line extending S 
Street east from 35th Street; West along said line 
to 35th Street; South on 35th Street to Reservoir 
Road; West on Reservoir Road to the point of 
beginning. 
■, [July 13, 2012, D.C. Law 19-157, § 2(a)] 



Description of SMD 2E03 Boundaries j;i7 

All streets are located in the Northwest qtia :s 
drant unless otherwise designated. Beginning 1 at 
the intersection of 35th Street and Volta Place; 
East on Volta Place to Wisconsin Avenue; North- 
west on Wisconsin Avenue to Q Street; East on Q 
Street to 31st Street; South on 31st Street to 
Dumbarton Street; West on Dumbarton Street to 
Wisconsin Avenue; Southeast on Wisconsin : Ave- 
nue to Prospect Street; West Oh Prospect 1 Street 
to 35th Street; North on 35th Street to N 'Street; 
West on N Street to 36th Street; North oh 36th 
Street to Street;' West on< Street to 37th 
Street; North on 37th Street to P Street; East On' 
P Street to 35th Street; North on 35th Street to 
the point of beginning. : < '■'.'• ■ >i .• '■■■*-■' 
[July 13, 2012, D.C. La* 19-157, § 2(a)] . -i 
Description of SMD &E04 Boundaries "> 
All streets are located in the Northwest qua- 
drant unless otherwise designated. ■"■ Beginning at 
the intersection of 37th Street and Prospect; 
Street; West on Prospect Street and continuing 
west along the southern border of Census Tract 
2.01 to its intersection with the eastern border of 
Glover Archbold Park; North on said border of' 
Glover Archbold Park to the Georgetown Medical 
Center service road just south of the New Re- 
search Building; East on said road to the Lombar- 
di Cancer Center; Continuing east along the 
southern edge of the Lombardi Cancer Center; t0 : 
the Pasaquerella Health Center; South along the' 
western edge of the Pasquerilla Health Center to 1 
the Leavey parking garage; East along the north- 
ern edge of the Leavey parking garage to the 
existing campus rOad immediately to the east of 
the garage. South on said road, passing west of 
Harbin Hall, to its intersection with a line extend- 
ing O Street from the east; East on said line to its 
intersection with a line extending the western edge 
of the New North Building to the north; South 
along said line and continuing south along a line 
passing to the west of the New North building and 
pass between the Village C West buildings and the. 
Village G East building, to an existing campus 
service road between the Village C;East building 
to the north and the New South building to the; 
south; In an easterly .direction on said service road; 
and an eastward extension of said service; road 
passing to the. north of the New South buildirlg, 
the Village A buildings and the Lauinger building 
to 37th Street;" South On 37th Street to the poiiit of 
beginning. .. ''" V: " ; ' ' ■ ;mi '^ 

[July 13, 2012, D;C. Law 19-157, § 2(a)] ' : , '^ 
Description of SMD 2E05 Boundaries , 

All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of the eastern boundary of Glover; 
Archbold Park and the southern border of Census 
Tract 2.01; East on said southern border of Cen-' 
sus Tract 2.01 to Prospect Street; Continuing East 
On Prospect Street to a driveway 100 feet east of 
the curb at 36th Street; North along said driveway; 
to a point 150 feet distant; East from said point to 
a point 130 feet distant; North from said point 



18 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



along the walkway between the Nevils Bunding 
and Loyola Hall to N Street; East on N Street to 
35th Street; South on 35th Street to Prospect 
Street; East on Prospect Street to Wisconsin Ave- 
nue; Northwest on Wisconsin Avenue to Dumbar- 
ton Street; East on Dumbarton Street to 31st 
Street; South on 31st Street to M Street; East on 
M Street to Pennsylvania Avenue; Southeast on 
Pennsylvania Avenue to its intersection with the 
centerline of Rock Creek; Southwest along the 
centerline of Rock Creek to its mouth; Southwest 
from the center of the mouth of Rock Creek to the 
intersection of the Theodore Roosevelt Memorial 
Bridge and the District of Columbia-Common- 
wealth of Virginia boundary line at the Common- 
wealth of Virginia shore of the Potomac River; 
Northwest along the District of Columbia bound- 
ary line on the Virginia shore of the Potomac River 
to its intersection with a line extending the eastern 
boundary of Glover Archbold Park south; North 
along said line to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2E06 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of 31st Street and Q Street; East 
on Q Street to 28th Street; South on 28th Street 
to P Street; East on P Street to its intersection 
with the centerline of Rock Creek; Southwest 
along the centerline of Rock Creek to Pennsylva- 
nia Avenue; Northwest oh Pennsylvania to M 
Street; West on M Street to 31st Street; North on 
31st Street to the point of beginning Q Street. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2E07 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of Wisconsin Avenue and Whiteha- 
ven Street; East on Whitehaven Street to the 
northwest boundary of Dumbarton Oaks Park; 
Easterly along said northwest boundary of Dum- 
barton Oaks Park to Whitehaven Street; East on 
Whitehaven Street to Massachusetts Avenue; 
Southeast on Massachusetts Avenue to its intersec- 
tion with the centerline of Rock Creek; Southeast 
along the centerline of Rock Creek to P Street; 
West on P Street to 28th Street; North on 28th 
Street to Q St; West on Q Street to 32nd Street; 
North on 32nd Street to S Street; West on S 
Street to Wisconsin Avenue; Northwest on Wis- 
consin Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2E08 Boundaries 
All streets are located in the northwest quadrant 
unless otherwise designated. Beginning at the 
intersection of 37th Street and Prospect Street; 
North on 37th Street to its intersection with a line 
extending an existing campus service road between 
the Village C East building to the north and the 
New South building to the south; West along said 
line and said service road to its intersection with a 
line extending the western edge of the New North 
Building to the south; North along said line to its 
intersection with a line extending O Street from 

19 



the east; West along said line extending O Street 
to its intersection with an existing campus road 
immediately to the west of Harbin Hall; North to 
a point equidistant from the Darnall Hall building 
and the westernmost Henle Village building; 
Northeast along a line equidistant from the Dar- 
nall Hall building and the Henle Village buildings 
until extending as far north as the northwest cor- 
ner of the northernmost Henle Village building; 
East to the western property boundary of the 
Georgetown Visitation School; Counterclockwise 
around the property boundary of the Georgetown 
Visitation School to P Street; West on P Street to 
37th Street; South on 37th Street to O Street; 
East on O Street to 36th Street; South on 36th 
Street to N Street; East on N Street to a walkway 
between the Nevils Building and Loyola Hall, 230 
feet east of the curb at 36th Street; South along 
said walkway to a point 155 distant; West from 
said point to a point 130 feet distant along a 
driveway; South along said driveway to Prospect 
Street; West on Prospect Street to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 2F Boundaries 
Beginning at the intersection of 15th and S 
Streets, N.W.; East on S Street, N.W. to 11th 
Street, N.W.; South on 11th Street, N.W. to P 
Street, N.W.; East on P Street, N.W. to 9th 
Street, N.W.; South on 9th Street, N.W. to N 
Street, N.W.; East on N Street, N.W. to the alley 
running along the eastern side of the Washington 
Convention Center; South along said alley to M 
Street, N.W.; East on M Street, N.W. to 7th 
Street, N.W.; South on 7th Street, N.W. to Mt 
Vernon Place, N.W.; West on Mt. Vernon Place, 
N.W. to Massachusetts Avenue, N.W.; Northwest 
on Massachusetts Avenue, N.W. to 11th Street, 
N.W.; South on 11th Street, N.W. to I Street, 
N.W; West on I Street, N.W. to the portion of 
15th Street, N.W. that lies to the west of McPher- 
son Square; North on 15th Street, N.W. to the 
point of beginning; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2F01 Boundaries 
Beginning at the intersection of 15th and S 
Streets, N.W.; East on S Street, N.W. to 11th 
Street, N.W.; South on 11th Street, N.W. to Ver- 
mont Avenue, N.W.; Southwest on Vermont Ave- 
nue, N.W. to Q Street, N.W.; West on Q Street to 
15th Street; North on 15th Street, N.W. to the 
point of beginning. 
[July 13, 2012, D.a Law 19-157, § 2(a)] 
Description of SMD 2F02 Boundaries 
Beginning at the intersection of 15th and Q 
Streets, N.W. East on Q Street, N.W. to 13th 
Street, N.W.; South on 13th Street to Logan 
Circle; Counterclockwise around Logan Circle to 
Rhode Island Avenue, N.W.; Southwest on Rhode 
Island Avenue, N.W. to 15th Street, N.W.; North 
on 15th Street, N.W. to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2F03 Boundaries 



§1-309.03 



D.C. OFFICIAL CODE) 



Beginning at the intersection of 15th Street and 
Rhode Island Avenue, N.W..; Northeast on Rhode 
Island Avenue, N.W. to Logan Circle; Counter- 
clockwise, around Logan Circle to Vermont Ave- 
nue; Southwest on Vermont Ave NW to Thomas 
Circle; Counterclockwise around Thomas Circle to 
Massachusetts Avenue; Northwest on Massachu- 
setts Avenue to 15th Street; North on 15th Street 
to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2P04 Boundaries 
Beginning at the intersection of N Street, N.W., 
and Vermont Avenue, N.W. Northeast on Vermont 
Avenue to Logan Circle; Counterclockwise around 
Logan Circle to 13th Street, N.W.; North on 13th 
Street, N.W. to Q Street, N.W.; East on Q Street, 
N.W. to Vermont Avenue, N.W.; Northeast on 
Vermont Avenue, N.W. to 11th Street, " N.W. ; 
South on 11th Street, N.W. to P Street, N.W.; 
East on P Street, N.W. to 10th Street, N.W.; 
South on 10th Street, N. W. to N Street; N.W.; 
West on N Street, N.W. to the point of beginning; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2P05 Boundaries 
.Beginning at the intersection of 15th Street, 
N.W. and Massachusetts Avenue, N.W..; South- 
east on Massachusetts Avenue, N.W. to Thomas 
Circle; Clockwise around Thomas Circle to Ver- 
mont Avenue, N.W.; North on Vermont Avenue, 
N.W. to N Street, N.W.; East on N Street, N.W. 
to 13th Street, N.W.; South on 13th Street, N.W. 
to L Street, N.W.; West on L Street, N.W. to 14th 
Street, N.W.; South on 14th Street, N.W. to I 
Street, N.W.; West on I Street, N.W. to 15th 
Street, N.W.; North on 15th Street, N.W. to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2P06 Boundaries 
Beginning at the intersection of 10th ..Street, 
N.W. and P Street, N.W.; East on P Street, N.W; 
to 9th Street, N.W.; South on 9th Street, N.W. to 
N Street, N.W.; East on N Street, N.W. to: the, 
alley running along the eastern side of the Wash- 
ington Convention Center; South along said alley 
to M Street, N.W.; East on M Street, N.W. to 7th 
Street, N.W.; South on 7th Street, N.W. to 'Mt 
Vernon Place; West on Mount Vernon Place to 
Massachusetts Avenue, N.W.; Northwest on Mas-' 
sachusetts Avenue, N.W. to 11th Street, N.W.; 
North on 11th Street, N.W. to M Street, N.W.; 
East on M Street, N.W. to 10th Street, N.W.; 
North on 10th Street, N.W. to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2P07 Boundaries 
Beginning at the intersection of 13th and N 
Streets, N.W.; East on N Street, N.W. to 10th 
Street, N.W.; South on 10th Street, N.W. to M 
Street, N.W.; West on M Street, N.W. to 13th 
Street, N.W.; North on 13th Street, N. W. to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 2P08 Boundaries 



Beginning at the intersection of 13th and 'M; 
Streets, N.W.; East on M Street, N.W. to ilth; 
Street, N.W.; South on 11th Street, N.W. to:T, 
Street, N.W.; West oh I Street, N.W. to 14th! 
Street, N.W.; North on 14th Street, N. W. to L; 
Street, N.W.; East on L Street, N.W. to 13th 
Street, N.W.; North on 13th Street, N.W. to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 

Description of ANC 3B Boundaries 
All streets are located in the Northwest qua-^ 
drant. Beginning at the intersection of the center- 
line of the former Arizona Avenue right of way 
within Glover-Archbold Park and Massachusetts. 
Avenue; Southeast on Massachusetts Avenue to 
39th Street; South on 39th Street; to Garfield 
Street; East on Garfield Street to Wisconsin, Ave- 
nue; South on Wisconsin Avenue to Qalvert 
Street; East on Calvert Street , to Observatory 
Circle — U.S. Naval Observatory property line;. 
Counter-clockwise around said property line to its 
intersection with the northwest property boundary 
Of Dumbarton Oaks Park; South along said prop- 
erty boundary of Dumbarton Oaks Park to White- 
haven Street; Southwest on Whitehaven Street to' 
Wisconsin Avenue; Northwest on Wisconsin Ave^ 
nue to 35th Street; South on 35th Street to White 1 -' 
haven Parkway; West along Whitehaven Parkway' 
to the Southern boundary of the eastern leg of 
Glover-Archbold Park; West along said southern 
boundary of the eastern leg of Glover-Archbold 
Park to the point where it intersects the eastern; 
boundary of Glover-Archbold Park; North along 
said eastern boundary of Glover Archbold Park to 
its intersection with a line extending W Street 
from the west; West along said line extending W 
Street from the west to its intersection with the 
centerline of the former Arizona Avenue right of 
way within Glover-Archbold Park; North along, 
said centerline of the former Arizona Avenue, right 
of way to the point of beginning. , ■; 

> [July 13, 2012, D.C. Law 19-157, § 2(a)]/ : - .-.■■ v 
■ Description of SMD 3B01 Boundaries ' 

All streets are located in the Northwest qua-^ 
drant. Beginning at the intersection of Tunlawl 
Road and Calvert Street; West on Calvert Stre'et 
to 39th Street; Northwest on 39th '. Street to 'Ml 
munds Street; West on Edmunds Street 1 . to' 42nc|' 
Street; Continuing west along a line extending 
Edmunds Street west to its intersection with'. 'the( 
centerline of the former Arizona Avenue right : bf 
way within Glover-Archbold Park; North' ! albhg 
said centerline of the former Arizona Avenue right 
of way to its intersection with New Mexico Ave- 
nue; Southeast on New Mexico Avenue to Tunlaw: 
Road; East on Tunlaw Road to Fulton Street;; 
Northeast on Fulton Street to Watson Place; 
Northeast on Watson Place to Garfield Street, 
East on Garfield Street to Wisconsin Avenue; 
South on Wisconsin Avenue to Fulton Street; 
West on Fulton Street to 39th Street; South on 
39th Street and continuing south along a line ex- 
tending 39th Street to Tunlaw Road; Southeast on 
Tunlaw Road to the point of beginning. 



20 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3B02 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Fulton 
Street and Wisconsin Avenue; South on Wisconsin 
Avenue to Calvert Street;' East on Calvert Street 
to Observatory Circle — Naval Observatory proper- 
ty line; Counter-clockwise around said property 
line to its intersection with the northwest property 
boundary of Dumbarton Oaks Park; South along 
said property boundary of Dumbarton Oaks Park 
to Whitehaven Street; Southwest on Whitehaven 
Street to Wisconsin Avenue; Northwest on Wis- 
consin Avenue to 35th Street; South on 35th 
Street to Whitehaven Parkway; West on Whiteha- 
ven Parkway to 37th Street; North on 37th Street 
to Tunlaw Road; Northwest on Tunlaw Road to its 
intersection with a line extending 39th Street from 
the north; North on said line extending 39th 
Street to 39th Street, and continuing north on 39th 
Street to Fulton Street; East on Fulton Street to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3B03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the center- 
line of the former Arizona Avenue right of way 
within Glover-Archbold Park and a line extending 
Edmunds Street from the east; East along said 
line extending Edmunds Street and continuing 
east on Edmunds Street to 39th Street; Southeast 
on 39th Street to Calvert Street; West on Calvert 
Street to 40th Street; South on 40th Street to W 
Street; West on W Street to its intersection with a 
line extending east from the portion of W Street 
west of Glover-Archbold Park; Continuing west 
on said line extending east from the portion of W 
Street west of Glover-Archbold Park, to its inter- 
section with the centerline of the former Arizona 
Avenue right of way within Glover-Archbold Park; 
North along said centerline of the former Arizona 
Avenue right of way to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3B04 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the center- 
line of the former Arizona Avenue right of way 
within Glover-Archbold Park and Massachusetts 
Avenue; Southeast on Massachusetts Avenue to 
39th Street; South on 39th Street to Watson 
Place; Southwest on Watson Place to Fulton 
Street; Southwest on Fulton Street to Tunlaw 
Road; West on Tunlaw Road to New Mexico Ave- 
nue; Northwest on New Mexico Avenue to its 
intersection with the centerline of the former Ari- 
zona Avenue right of way within Glover-Archbold 
park; North along said centerline of the former 
Arizona Avenue right of way to the point of begin- 
ning; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3B05 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Calvert 



Street and Tunlaw Road; Southeast on Tunlaw 
Road to 37th Street; South on 37th Street to its 
intersection with the southern property line of 
Whitehaven Park; West along said southern 
boundary of Whitehaven Park to the eastern 
boundary of Glover-Archbold Park; North along 
said eastern boundary of Glover-Archbold Park to 
its intersection with a line extending east from the 
portion of W Street west of Glover-Archbold Park; 
East on said line extending W Street to its inter- 
section with W Street, and continuing east on W 
Street to 40th Street; North on 40th Street to 
Calvert Street; East on Calvert Street to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 3C Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Van Ness 
Street and Wisconsin Avenue; Southeast on Wis- 
consin Avenue to Quebec Street; East on Quebec 
Street to Idaho Avenue; Northeast on Idaho Ave- 
nue to Rodman Street; Continuing northeast along 
a line extending Idaho Avenue to the rear property 
lines of the properties fronting on the north side of 
Rodman Street; East along said rear property 
lines of the properties fronting on the north side of 
Rodman Street to Reno Road; Southeast on Reno 
Road to the southwest corner of Melvin Hazen 
Park; East on the southern boundary of Melvin 
Hazen Park and continuing cast along the rear 
property boundaries of the properties fronting on 
the north side of Rodman Street to Connecticut 
Avenue; Southeast on Connecticut Avenue to Rod- 
man Street; West on Rodman Street to the alley 
behind the properties fronting on the west side of 
Connecticut Avenue; Southeast on said alley to 
Porter Street; East on Porter Street to Connecti- 
cut Avenue; Northwest on Connecticut Avenue to 
the northern property line of 3601 Connecticut 
Avenue; Northeast along said northern property 
line of 3601 Connecticut Avenue and continuing 
northeast along a line extending said property line 
to Melvin Hazen Creek; East on Melvin Hazen 
Creek to Rock Creek; Southerly on Rock Creek to 
Massachusetts Avenue; Northwest on Massachu- 
setts Avenue to Whitehaven Street; West on Whi- 
tehaven Street to the northwestern boundary of 
Dumbarton Oaks Park; West along said north- 
western boundary of said Dumbarton Oaks Park to 
its intersection with the property boundary of the 
U.S. Naval Observatory; Clockwise around said 
property boundary of the U.S. Naval Observatory 
to Calvert Street; West on Calvert Street to Wis- 
consin Avenue; North on Wisconsin Avenue to 
Garfield Street; West on Garfield Street to 39th 
Street; North on 39th Street to Massachusetts 
Avenue; Northwest on Massachusetts Avenue to 
its intersection with the centerline of the former 
Arizona Avenue right of way within Glover-Arch- 
bold Park; North along said centerline of the 
former Arizona Avenue right of way to Van Ness 
Street; East on Van Ness Street to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3C01 Boundaries 



21 



§ 1-309.03 



D.C. OFFICIAL CODE 



All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Klingle 
Road and Rock Creek; Southerly on Rock Creek 
to Connecticut Avenue; Northwest on Connecticut 
Avenue to Klingle Road; East on Klingle Road to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3C02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Connecti- 
cut Avenue and Garfield Street; Southeast on 
Connecticut Avenue to Calvert Street; West on 
Calvert Street to Cleveland Avenue; Northwest on 
Cleveland Avenue to 31st Street; North on 31st 
Street to Garfield Street; East on Garfield Street 
to Woodley Road; Continuing east on Woodley 
Road to 27th Street; North on 27th Street to 
Garfield Street; East on Garfield Street to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] ■■■' '' 
Description of SMD 3C03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Connecti- 
cut Avenue and Klingle Road; Southeast on 
Connecticut Avenue to Garfield Street; West on 
.Garfield Street to 27th Street; South on 27th 
Street to Woodley Road; West on Woodley Road 
to 29th Street; North on 29th Street to Cortland 
Place; West on Cortland Place to Klingle Road; 
East on Klingle Road to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3C04 Boundaries 
All streets are located in the Northwest qua- 
drant.' Beginning at the intersection of Rock 
Creek and Melvin Hazen Creek; Southerly on 
Rock Creek to Klingle Road; West on Klingle 
Road to its intersection with a line extending the 
eastern property line of 2710 Macomb Street to 
the south; North on said line extending the east- 
ern property line of 2710 Macomb Street and 
continuing north on said property line to Macomb 
Street; West on Macomb Street to Connecticut 
Avenue; Northwest on Connecticut Avenue to its 
intersection with the southern property boundary 
of Square 2222 Lot 805; East along said southern 
boundary of Square 2222 Lot 805 to its intersec- 
tion with Porter Street; Northwest on Porter 
Street to Quebec Street; East on Quebec Street to 
the eastern property line of 3601 Connecticut Ave- 
nue; Counter-clockwise around the eastern prop- 
erty line of 3601 Connecticut Avenue to its north- 
ern-most point; East along a line extending the 
northern property boundary of 3601 Connecticut 
Avenue east to Melvin Hazen Creek; East on 
Melvin Hazen Creek to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3C05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Reno Road 
and Rodman Street; East on the southern bound- 
ary of Melvin Hazen Park and continuing east 
along the rear property boundaries of the proper- . 
ties fronting on the north side of Rodman Street to 



Connecticut Avenue; Southeast on Connecticut 
Avenue to Rodman Street; West on .Rodman 
Street to the alley behind the properties fronting 
on the west side of Connecticut Avenue; Southeast 
on said alley to Porter Street; East on Porter 
Street to Connecticut Avenue; Northwest on Gpji- 
necticut Avenue to the northern property line of 
3601 Connecticut Avenue; Clockwise around said 
property boundary of 3601 Connecticut Avenue to 
Quebec Street; West on Quebec Street to Porter 
Street; Southeast on Porter Street to its intersec- 
tion with the southern property boundary of 
Square 2222 Lot 805; West along said southern 
boundary of Square 2222 Lot 805 to its intersec- 
tion with Connecticut Avenue; Southeast on Con- 
necticut Avenue to Newark Street; West on New- 
ark Street to 34th Street; North on 34th Street to 
Ordway Street; West on Ordway Street to 36th 
^Street; North on 36th Street to Porter Street; 
West on Porter Street to Wisconsin Aventie; 
Northwest oh Wisconsin Avenue to Quebec Street; 
'East on Quebec Street to Idaho Avenue; .North- 
east on Idaho Avenue Rodman Street; Continuing 
northeast along a line extending Idaho Avenue to 
the rear property lines of the properties fronting 
on. the north side of Rodman Street; East along 
said rear property lines of the properties fronting 
on the north side of Rodman Street to Reno Road; 
Southeast on Reno Road to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] Lh,M 
Description of SMD 3C06 Boundaries m 

All streets are located in the Northwes't'Jqiia- 
drant. Beginning at the intersection of Van 'Ness 
Street and Wisconsin Avenue; Southeast on 'Wis- 
consin Avenue to Newark Street; West on Newark 
Street to Idaho Avenue; Southwest on Idaho Ave- 
nue to Macomb Street; West on Macomb Street to 
its intersection with the centerline of the former 
Arizona Avenue right of way within Glover-Arch- 
bold park; North along said centerline of the 
former Arizona Avenue right of way to Van Ness 
Street; East on Van Ness Street to the point 'of 
beginning. ' 

[July 13, 2012, D.C. Law 19-157,' § 2(a)] • ' : 

Description of SMD 3C07 Boundaries 
"';' All streets' are located in the' Northwest qua- 
drant. Beginning at the intersection of Wisconsin 
Avenue and Newark Street; South on ^iscopsin 
Avenue to Macomb Street; West on MacbMb 
Street to the behind the properties fronting' 'a'fting 
the west side of Wisconsin Avenue; South' 1 qn| Wjiid 
alley to the southwest property corner' of ''3'2i0 
Wisconsin Avenue; East oh the south property 
line of 3210 Wisconsin Avenue and continuing 'ia'st 
along a line extending said property line east n t]o 
Wisconsin Avenue; South on Wisconsin Avenue tb 
Garfield Street; West on Garfield Street to 39th 
Street; North on 39th Street to Massachusetts 
Avenue; Northwest on Massachusetts Avenue to 
Macomb Street; East on Macomb Street to Idaho 
Avenue; Northeast on Idaho Avenue to Newark 
Street; East on Newark Street to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ■:::■, . 



22 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Description of SMD 3C08 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Wisconsin 
Avenue and Woodley Road; East on Woodley 
Road to Klingle Road; Bast on Klingle Road to 
Cortland Place; East on Cortland Place to 29th 
Street; South on 29th Street to Garfield Street; 
West on Garfield Street to 31st Street; South on 
31st Street to Cleveland Avenue; Southeast on 
Cleveland Avenue to Calvert Street; East on Cal- 
vert Street to Connecticut Avenue; Southeast on 
Connecticut Avenue to Rock Creek; Southerly on 
Rock Creek to Massachusetts Avenue; Northwest 
on Massachusetts Avenue to Whitehaven Street; 
West on Whitehaven Street to the northwestern 
boundary of Dumbarton Oaks Park; West along 
said northwestern boundary of said Dumbarton 
Oaks Park to its intersection with the property 
boundary of the U.S. Naval Observatory; Clock- 
wise around said property boundary of the U.S. 
Naval Observatory to Calvert Street; West on 
Calvert Street to Wisconsin Avenue; North on 
Wisconsin Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3C09 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Wisconsin 
Avenue and Porter Street; East on Porter Street 
to 36 Street; South on 36th Street to Ordway 
Street; East on Ordway Street to 34th Street; 
South on 34th Street to Newark Street; East on 
Newark Street to Connecticut Avenue; Southeast 
on Connecticut Avenue to Macomb Street; East on 
Macomb Street to the eastern property line of 
2710 Macomb Street; South on the eastern prop- 
erty line of 2710 Macomb Street and continuing 
south along a line extending said property line 
south to Klingle Road; West and southwest on 
Klingle Road to Woodley Road; West on Woodley 
Road to Wisconsin Avenue; North on Wisconsin 
Avenue to its intersection with a line extending the 
southern property boundary of 3210 Wisconsin Av- . 
enue to the east; West on said line extending the 
southern property boundary of 3210 Wisconsin Av- 
enue and continuing west on said property line to 
the alley at the rear of said property; North on 
said alley to Macomb Street; East on Macomb 
Street to Wisconsin Avenue; North on Wisconsin 
Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 3D Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the southwest intersection of 
the State of Maryland-District of Columbia bound- 
ary and Westmoreland Circle; Southwest along 
the State of Maryland-District of Columbia bound- 
ary line to the Commonwealth of Virginia-District 
of Columbia boundary line on the Commonwealth 
of Virginia shore of the Potomac River; Southeast 
along the Commonwealth of Virginia-District of 
Columbia boundary line on the Commonwealth of 
Virginia shore of the Potomac River to its intersec- 
tion with a line extending the eastern boundary of 
Glover Archbold Park from the north; North 

23 



along said line extending the eastern boundary of 
Glover Archbold Park and continuing north along 
the eastern boundary of Glover-Archbold Park to 
its intersection with a line extending W Street 
from the west; West along said line extending W 
Street to its intersection with the centerline of the 
former Arizona Avenue right of way within Glo- 
ver-Archbold Park; North along said centerline of 
the former Arizona Avenue right of way to its 
intersection with Van Ness Street; West on Van 
Ness Street to Nebraska Avenue; Southwest on 
Nebraska Avenue to its intersection with a line 
extending TindAll streets to the southeast; North- 
west along said line extending TindAll streets to 
44th Street; Southwest along 44th Street to the 
northeast property corner of 4412 Sedgewick 
Street; South along the property boundary of 4412 
Sedgewick Street to its southeast corner; North- 
west along the rear property boundaries of the lots 
fronting' along the south side of Sedgewick Street 
to 45th Street; Southwest on 45th Street to Mas- 
sachusetts Avenue; Northwest on Massachusetts 
Avenue to Westmoreland Circle; Clockwise 
around Westmoreland Circle to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Foxhall 
Road and W Street; East on W Street and con- 
tinuing east along a line extending W Street to the 
east through Glover-Archbold Park to its intersec- 
tion with the centerline of the former Arizona 
Avenue right of way within Glover-Archbold Park; 
North along said centerline of the former Arizona 
Avenue right of way to New Mexico Avenue; 
Northwest on New Mexico Avenue to Klingle 
Street; West on Klingle Street to 44th Street; 
North on 44th Street to Macomb Street; East on 
Macomb Street to New Mexico Avenue; North- 
west on New Mexico Avenue to its intersection 
with a line extending the northern property bound- 
ary of 3301 New Mexico Avenue to the west; East 
along said line extending the northern property 
boundary of 3301 New Mexico Avenue, and con- 
tinuing east along a line extending said property 
boundary to the east to its intersection with the 
rear property boundary of 4100 Massachusetts Av- 
enue; Northeast along said rear property line of 
4100 Massachusetts Avenue to Massachusetts Ave- 
nue; Northwest on Massachusetts Avenue to its 
intersection with southeastern boundary of the 
American University property identified as Square 
1601 Lot 3; Southwest along said southeastern 
property boundary of Square 1601 Lot 3 to New 
Mexico Avenue; Northwest along New Mexico 
Avenue to Nebraska Avenue; Southwest on Ne- 
braska Avenue to Foxhall Road; Southwest from 
said intersection of Nebraska Avenue and Foxhall 
Road to the northernmost point of Battery Kemble 
Park; South along the western boundary of Bat- 
tery Kemble Park to its intersection with a line 
extending the southern boundary of Wesley 
Heights Park from the east; East along said line 
extending the southern boundary of Wesley 



§ 1-309.03 



D.C. OFFICIAL CODE 



Heights Park to 49th Street; South on 49th Street 
to the southwest property corner of 4848 Dexter 
Street; East along the rear property boundaries of 
the properties fronting along Dexter Street to the 
northernmost property comer of 4526 Poxhall 
Crescent; South along the rear lines of the proper- 
ties fronting along the west side of Foxhall Road 
to the southeast property corner of 4501 Poxhall 
Crescent; In an easterly direction to the north- 
west property corner of 2400 Foxhall Road; Con- 
tinuing south along the rear property lines of the 
properties fronting along the west side of Poxhall 
Road to the southwest property corner of 2300 
Poxhall Road; Bast along the rear property 
boundaries of properties fronting along the north- 
ern side of W Street to Foxhall Road; Sbuth on 
Poxhall Road to the point of beginning. 
, [July 13, 2012, D.C. Law 19-157, § 2(a)], / 
Description of SMD 3D02 Boundaries- 
All streets are located in the Northwest qua- 
drant. Beginning at Massachusetts Avenue and 
Pordham Road; Southwest on Pordham Road to 
49th Street; South on 49th Street to Glenbrook 
Road; West on Glenbrook Road to Loughboro 
Road; West on Loughboro Road to Macomb 
Street; Southwest on Macomb Street to Glen- 
brook Road; Bast on Glenbrook Road to Millwood 
Lane; East on Millwood Lane to Loughboro Road; 
East on Loughboro Road to Nebraska Avenue; 
Northeast on Nebraska Avenue to the American 
University service road northeast of Roper Hall; 
Northwest along said service road to Letts Hall; 
Southwest along a line equidistant from Letts Hall 
and Anderson Hall to its intersection with the rear 
property boundaries of the properties fronting on 
the north side of Rockwood Parkway; West along 
said rear property lines of the properties fronting 
along Rockwood Parkway to the southeast proper- 
ty corner of the American University property 
identified as Square 1600 Lot 8l6; Clockwise 
around said American University property identi- 
fied as Square 1600 Lot 816 to its northeast cor- 
ner; Clockwise around the boundary of the Ameri- 
can University property identified as Square 1600 
Lot 1 to Massachusetts Avenue; Northwest oh 
Massachusetts Avenue to the point of beginning. 
, [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D03 Boundaries 
' All streets are located in the Northwest qua- 
drant. Beginning at Massachusetts Avenue and 
Pordham Road; Northwest on Massachusetts Ave- 
nue to Westmoreland Circle; Clockwise around 
Westmoreland Circle to the State of Maryland- 
District of Columbia boundary; Southwest along 
'the State of Maryland-District of Columbia bound- 
ary line to MacArthur Boulevard; South on Mac- 
Arthur Boulevard to Little Palls Road; East on 
Little Falls Road to its end along the boundary of 
the Sibley Hospital property identified as Square 
-1448N Lot 806; Clockwise around the property 
boundary of said Sibley Hospital property to Dale- 
carlia Parkway; South on Dalcarlia Parkway to 
Loughboro Road; Bast on Loughboro Road to 
Palisade Lane South on Palisade Lane to Manning 



Place; Bast on Manning Place to Maud Street; 
South on Maude Street to Macomb Street; South- 
west on Macomb Street to Klingle Street; Bast on 
Klingle Street to Arizona Avenue; Northeast on 
Arizona Avenue to Loughboro Road; West oh 
Loughboro Road to Millwood Lane; West on Mill- 
wood Lane to Glenbrook Road; West on Glen- 
brook Road to Macomb Street; North on Macomb 
Street to Loughboro Road; Bast on Loughboro 
Road to Glenbrook Road; East on Glenbrook Road 
to 49th Street; North on 49th Street to Pordham 
Road; Bast on Pordham Road to the.; point .of 
'beginning. < ..■■.■■'. '■« ■, ; ■ ■■•.. .',;' 

[July 13, 2012, D.C. Law 19-157, § 2(a)] > 
Description of SMD 3D04 Boundaries 

All streets are located in the Northwest qua- 
drant., Beginning at the intersection of the Sfcate 
of Maryland-District of Columbia boundary and 
MacArthur Boulevard; South on. MacArthur Bou- 
levard to Little Palls Road; East on Little Palls 
Road to its end, along the boundary, of the Sibley 
Hospital property identified as Square 1448N Lot 
806; Clockwise around the property boundary of 
said Sibley Hospital property to Dalecarlia Park- 
way; South on Dalecarlia Parkway to Loughboro 
Road; Bast on Loughboro Road to Palisade Lane; 
South on Palisade Lane to Manning Place; East 
on Manning Place to Maud Street; South on 
Maude Street to Macomb Street; Southwest on 
Macomb Street to Klingle Street; Bast on Klingle 
Street to Arizona Avenue; Southwest on Arizona 
Avenue to Canal Road; Continuing southwest 
along a line extending Arizona Avenue to the 
Commonwealth of Virginia — District of Columbia 
boundary on the Virginia shore of the Potomac 
River; Northwest along said Virginia shore of the 
Potomac River to the State of Marylahd-^District 
of Columbia boundary; Northeast along said State 
of Maryland — District of Columbia boundary to 
the' point of beginning. ' ■)"' | ii 

[July 13, 2012, D.C. Law 19-157, § 2(a)] V;';' 
Description of SMD 3D05 Boundaries 

All streets are located in .the, Northwest;, .qua- 
drant. Beginning at Loughboro Road and Arizpna 
Avenue; Southwest on Arizona, Avenue to;: Can;al 
Road; Continuing southwest : S alpng a line extgnd- 
ing Arizona Avenue to the, Commonwealth of; Virgi- 
nia — District of Columbia boundary on the Virginia 
shore of the Potomac River; Southeast alongjsaid 
Virginia shore of the Potomac River to its intersec- 
tion with a line extending Whitehaven Parkway 
from the northeast; Northeast along said line 1 ex- 
tending Whitehaven Parkway to the intersection b'f 
Whitehaven Parkway and MacArthur Boulevard; 
Northwest on MacArthur Boulevard to U Street; 
East on U Street to 48th Street; North on 48th 
Street to W Street; West on W Street to 49th 
Street; North on 49th Street to its intersection 
with a line extending the southern boundary of 
Wesley Heights Park to the west; West along said 
line extending the southern boundary of Wesley 
Heights Park west to the western boundary of 
Battery Kemble Park; North along the western 
boundary of Battery Kemble Park to its northerri- 



24 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



most point; North from said northernmost point of 
Battery Kemble Park to the intersection of Ne- 
braska Avenue and Foxhafl Road; West on Ne- 
braska Avenue to Loghboro Road; West on 
Loughboro Road to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the east- 
ern boundary of Glover Archbold Park and the 
southern boundary of Whitehaven Park; West 
from said intersection of Glover-Archbold Park 
and Whitehaven Park along a line connecting to 
the intersection of Whitehaven Parkway and Fox- 
hall Road; Southeast on Foxhall Road to Salem 
Lane; West on Salem Lane to 45th Street; South- 
east, on 45th Street to Q Street; Southwest on Q 
Street to MacArthur Boulevard; Northwest on 
MacArthur Boulevard to U Street; East on U 
Street to 48th Street; North on 48th Street to W 
Street; West on W Street to 49th Street; North 
on 49th Street to the southwest property corner of 
4848 Dexter Street; East along the rear property 
boundaries of the properties fronting along Dexter 
Street to the northernmost property corner of 
4526 Foxhall Crescent; South along the rear lines 
of the properties fronting along the west side of 
Foxhall Road to the southeast property comer of 
4501 Foxhall Crescent; In an easterly direction to 
the northwest property corner of 2400 Foxhall 
Road; Continuing south along' the rear property 
lines of the properties fronting along the west side 
of Foxhall Road to the southwest property comer 
of 2300 Foxhall Road; East along the rear proper- 
ty boundaries of properties fronting along the 
northern side of W Street to Foxhall Road; South 
on Foxhall Road to W Street; East on W Street 
and continuing east along a line extending W 
Street to the east across Glover-Archbold Park to 
the eastern boundary of Glover Archbold Park; 
South along the eastern boundary of Glover Arch- 
bold Park to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D07 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New Mexi- 
co Avenue and Nebraska Avenue; Southwest on 
Nebraska Avenue to the American University ser- 
vice road northeast of Roper Hall; Northwest 
along said service road to Letts Hall; Southwest 
along a line equidistant from Letts Hall and 
Anderson Hall to its intersection with the rear 
property boundaries of the properties fronting on 
the north side of Rockwood Parkway; West along 
said rear property lines of the properties fronting 
along Rockwood Parkway to the southeast proper- 
ty corner of the American University property 
identified as Square 1600 Lot 816; Clockwise 
around said American University property identi- 
fied as Square 1600 Lot 816 to its northeast cor- 
ner; Clockwise around the boundary of the Ameri- 
can University property identified as Square 1600 
Lot 1 to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to Ward Circle and continu- 



ing southeast on a line extending Massachusetts 
Avenue across Ward Circle; Continuing southeast 
on Massachusetts Avenue to its intersection with 
the southeastern boundary of the American Uni- 
versity property identified as Square 1601 Lot 3; 
Southwest along said southeastern property 
boundary of Square 1601 Lot 3 to New Mexico 
Avenue; Northwest along New Mexico Avenue to 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D08 Boundaries 
All streets are. located in the Northwest qua- 
drant. Beginning at the intersection of New Mexi- 
co Avenue and a line extending the northern prop- 
> erty boundary of 3301 New Mexico Avenue to the 
west; East along said line extending the northern 
property boundary of 3301 New Mexico Avenue, 
and continuing east along a line extending said 
property, boundary to the cast to its intersection 
with the rear property boundary of 4100 Massa- 
chusetts Avenuer Counterclockwise around said 
rear property line of 4100 Massachusetts Avenue 
to the southeast property corner; East along a line 
extending east from said southeast property cor- 
ner to its intersection with the centerline of the 
former Arizona Avenue right of way within Glo- 
ver-Archbold park; South along said centerline of 
the former Arizona Avenue right of way to New 
Mexico Avenue; Northeast on New Mexico Ave- 
nue to Klingle Street; West on Klingle Street to 
44th Street; North on 44th Street to Macomb 
Street; East on Macomb Street to New Mexico 
Avenue; North on New Mexico Avenue to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] . 
Description of SMD 3D09 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Whiteha- 
ven Parkway and Foxhall Road; East from said 
intersection along a line connecting to the intersec- 
tion of the eastern boundary of Glover-Archibold 
Park and the southern boundary of Whitehaven 
Park; Southeast on the eastern boundary of Glo- 
ver-Archibold Park, extending said boundary 
along a line south to the Commonwealth of Virgi- 
nia shore of the Potomac River; Northwest along 
said Commonwealth of Virginia-District of Colum- 
bia boundary line where it follows the Common- 
wealth of Virginia shore of the Potomac River to 
its intersections with a line extending Whitehaven 
Parkway from the northeast; Northeast along said 
line extending Whitehaven Parkway to the inter- 
section of Whitehaven Parkway and MacArthur 
Boulevard; Southeast on MacArthur to Q Street; 
Northeast on Q Street to 45th Street; North on 
45th Street to Salem Lane; East on Salem Lane to 
Foxhall Road; North on Foxhall Road to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3D 10 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Nebraska 
Avenue and Van Ness Street; Southwest on Ne- 
braska Avenue to its intersection with a line ex- 



25 



§1-309.03 



D.C. ■OFFICIAL ^ GODE 



tending TindAll streets to the southeast; North- 
west along said line extending TindAll streets to 
44th Street; Southwest along 44th Street to the 
northeast property corner of 4412 Sedgewick 
Street; South along the property boundary of 4412 
Sedgewick Street to its southeast corner; North- 
west along the rear property boundaries of the lots 
fronting along the south side of Sedgewick Street 
to 45th Street; Southwest on 45th Street to Mas- 
sachusetts Avenue; Southeast on Massachusetts 
Avenue to Ward Circle and continuing southeast 
on a line extending Massachusetts Avenue across 
Ward Circle; Continuing southeast on Massachu- 
setts Avenue to the northwest property corner of 
4100 Massachusetts Avenue; Counterclockwise 
around the rear property line of 4100 Massachu- 
setts Avenue to the southeast property corner- 
East along a line extending east from said south- 
east property corner to its intersection with the! 
centerline of the former Arizona Avenue right of: 
way within Glover-Arehbold Park;. North along, 
said centerline of the former Arizona Avenue right 
of way to Van Ness Street; West oh Van Ness. 
Street to the point of beginning. * 

[July 13, 2012, D.C. Law 19-157, § 2(a)] '. . . . 
Description of ANC 3E Boundaries 
Air streets are located in the Northwest qua- 
drant. Beginning at the intersection of 41st Street 
and the State of Maryland — District of Columbia 
boundary; South on 41st Street to Reno Road; 
Southeast on Reno Road to Chesapeake Street; 
West on Chesapeake Street to 38th Street; South 
on 38th Street to Warren Street; West on Warren 
Street to 39th Street; South on 39th Street to Van 
Ness Street; West on Van Ness Street to Nebras- 
ka Avenue; Southwest on Nebraska Avenue to its 
intersection with a line extending TindAll streets 
to the southeast; Northwest along said line ex- 
tending TindAll streets to 44th Street; Southwest 
along 44th Street to the northeast property corner 
of 4412 Sedgewick Street; South along the proper- 
ty boundary of 4412 Sedgewick Street to its south- 
east corner; Northwest along the rear property 
boundaries of the lots fronting along the south side 
of Sedgewick Street to 45th Street; Southwest oh; 
45th Street to Massachusetts Avenue; Northwest 
on Massachusetts Avenue to Westmoreland Circle; 
Clockwise around Westmoreland Circle to the 
State of Maryland — District of Columbia bounds 
ary; Northeast along the State of Maryland — ■ 
District of Columbia boundary to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3E01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 41st Street 
and Chesapeake Street; East on Chesapeake 
Street to 38th Street; South on 38th Street to 
Alton Place; West on Alton Place to Nebraska 
Avenue; Southeast on Nebraska Avenue on Tenley 
Circle; Counterclockwise around Tenley Circle to 
Yuma Street; West on Yuma Street to 44th Street; 
South on 44th to Windom Place; West on Windom 
Place to 47th Street; North on 47th Street to 



Albemarle Street; East on Albemarle Street to 
46th Street; North on 46th Street to Burlington 
Place; East on Burlington Place to 44th Streets- 
South on 44th Street to Brandywine Street; East' 
on Brandywine Street to 41st Street; North on 
41st Street to the point of beginning. ■ ■ , ■ 

[July 13, 2012, D.C. Law 19-157, § 2(a)] > ,*: i 

Description of SMD 3E02 Boundaries 

All streets are located in the Northwest qua-' 
drant. Beginning at the intersection of Western 1 
Avenue and Pessenden Street; East on Fessenden 
Street to 45th Street; South on 45th Street A to 
Burlington Place; West on Burlington Place tb ; 
46th Street; South on 46th Street to Albemarle: 
Street; West on Albemarle Street to 47th Street';; 
South on 47th Street to Massachusetts Avehuej 
Northwest oh Massachusetts Avenue to Westmore- 
land Circle; Clockwise' around Westmoreland. Cir- 
cle to the State of Maryland— District, of Columbia 
boundary; Northeast along . the State of Mary- 
land—District of Columbia boundary to the point 
6f beginning. ■ - ' ' . ' ' : , ' 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' V' 
Description of SMD 3E03 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Wisconsin' 
Avenue and the State of Maryland — District of 
Columbia boundary; Southeast on Wisconsin Ave- 
nue to Garrison Street; East on Garrison Street to; 
42nd Street; South on 42nd Street to Fessenden 
Street; East on Fessenden Street to 41st Street- 
South on 41st Street to Ellieott Street; East' oh' 
Ellicott Street to Belt Road; Southwest oh Belt 
Road to 41st Street South on 41st Street to Bran- 
dywine Street; West on Brandywine tb 44th 
Street; North on 44th Street to Burlington Place;' 
West on Burlington Place to 45th Street; North bh : 
45th Street to Fessenden Street; West on Fessen- 
den Street to the State of Maryland— District of 
Columbia boundary; Northeast oh the State of 
Maryland — District of Columbia boundary to the 
point of beginning. ' : ;• . V 

[July 13, 2012, D.C. Law 19-157,3 2(a)];: .'■-■ :vU 

Description of SMD 3E04 Boundaries ■' 

All streets are located in the Northwest ^ua^ 
drant. Beginning at the intersection of the Stai? 
of Maryland — District of Columbia boundary "arid 
4lst Street; South on 41st Street to Reno R6ad; 
Southeast oh Reno Road to Chesapeake Street;' 
West on Chesapeake Street to 41st Street; ' North 
on 41st Street to Belt Road; Northeast oh Belt 
Road to Ellicott Street; West on Ellicott Street to s 
41st Street; North on 41st Street to Fessenden 1 
Street; West on Pessenden Street to 42nd Street; 
North on 42nd Street to Garrison Street; West on 
Garrison Street to Wisconsin Avenue; Northwest 
on Wisconsin Avenue to the State of Maryland — 
District of Columbia boundary; Northeast along 
the State of Maryland — District of Columbia 
boundary to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] „ , ;' 

Description of SMD 3E05 Boundaries 



26 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 44th 
Street and Yuma Street; East on Yuma Street to 
Tenley Circle; Clockwise around Tenley Circle to 
Nebraska Avenue; Northeast on Nebraska Ave- 
nue to Alton Place; East on Alton Place to 38th 
Street; South on 38th Street to Warren Street; 
West on Warren Street to 39th Street; South on 
39th Street to Van Ness Street; West on Van 
Ness Street to Nebraska Avenue; Southwest on 
Nebraska Avenue to its intersection with a line 
extending TindAll streets to the southeast; North- 
west along said line extending TindAll streets to 
44th Street; Southwest along 44th Street to the 
northeast property corner of 4412 Sedgewick 
Street; South along the property boundary of 4412 
Sedgewick Street to its southeast corner; North : 
west along the rear property boundaries of the lots 
fronting along the south side of Sedgewick Street 
to 45th Street; Southwest on 45th Street to Mas- 
sachusetts Avenue; Northwest on Massachusetts 
Avenue to 47th Street; North on 47th Street to 
Windom Place; East on Windom Place to 44th 
Street; North on 44th Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of ANC 3F Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Nebraska 
Avenue and Nevada Avenue; Southeast on Nevada 
Avenue to Broad Branch Road; Southeast on 
Broad Branch Road to 27th Street; North on 27th 
Street to Military Road; East on Military Road to 
Rock Creek; South along Rock Creek to Melvin 
Hazen Creek; West along Melvin Hazen Creek to 
its intersection with a line extending the shared 
property boundary of 3601 Connecticut Avenue 
and 3701 Connecticut Avenue to the northeast; 
Southwest along said line extending the shared 
property boundary of 3601 Connecticut Avenue 
and 3701 Connecticut Avenue, and continuing 
southwest along said shared property boundary to 
Connecticut Avenue; South on Connecticut Ave- 
nue to Porter Street; West on Porter Street to the 
alley behind the properties fronting on the west 
side of Connecticut Avenue; Northwest on said 
alley to Rodman Street; East on Rodman Street 
to Connecticut Avenue; North on Connecticut Av- 
enue to the rear property boundaries of the prop- 
erties fronting on the north side of Rodman Street; 
West along said rear property boundaries and 
continuing west along the southern boundary of 
Melvin Hazen Park to Reno Road; North on Reno 
Road to the rear property lines of the properties 
fronting on the north side of Rodman Street; West 
along said rear property lines of the properties 
fronting on the north side of Rodman Street to the 
intersection with a line extending Idaho Avenue 
from the southwest; Southwest along said line 
extending Idaho Avenue to Idaho Avenue; Con- 
tinuing southwest on Idaho Avenue to Quebec 
Street; West on Quebec Street to Wisconsin Ave- 
nue; North on Wisconsin Avenue to 39th Street; 
North on 39th Street to Warren Street; East on 
Warren Street to 38th Street; North on 38th 

27 



Street to, Chesapeake Street; East on Chesapeake 
Street to Reno Road; North on Reno Road to 
Nebraska Avenue; Northeast on Nebraska Ave- 
nue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3F01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Reno Road 
and Yuma Street; East on Yuma Street to Con- 
necticut Avenue; South on Connecticut Avenue to 
the rear property boundaries of the properties 
fronting on the north side of Rodman Street; West 
along said rear property boundaries and continu- 
ing west along the southern boundary of Melvin 
Hazen Park to Reno Road; North on Reno Road 
to the rear property lines of the properties front- 
ing on the north side of Rodman Street; West 
along said rear property lines of the properties 
fronting on the north side of Rodman Street to the 
intersection with a line extending Idaho Avenue 
from the southwest; Southwest along said line 
extending Idaho Avenue to Idaho Avenue; Con- 
tinuing southwest on Idaho Avenue to Quebec 
Street; West on Quebec Street to Wisconsin Ave- 
nue; North on Wisconsin Avenue to 39th Street; 
North on 39th Street to Warren Street; East on 
Warren Street to 38th Street; North on 38th 
Street to Windom Place; East on Windom Place to 
Reno Road; North on Reno Road to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3F02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Connecti- 
cut Avenue and Windom Place; East on Windom 
Place to its end along the southern boundary of 
Soapstone Valley Park; Continuing East along 
said southern boundary of Soapstone Valley Park 
to the northeast property corner of the Howard 
University property identified as Square 2049 Lot 
810; South along the eastern boundary of said 
property identified as Square 2049 Lot 810 to its 
intersection with the northwest corner of the Le- 
vine School of Music property identified as Square 
2049 Lot 809; Clockwise around the boundary of 
said property identified as Square 2049 Lot 809 to 
its intersection with the southeast corner of the 
previously referenced Howard University property 
identified as Square 2049 Lot 810; Clockwise 
around the boundary of said property identified as 
Square 2049 Lot 810 to its intersection with Van 
Ness Street; West on Van Ness Street to Con- 
necticut Avenue; North on Connecticut Avenue to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3F03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Linnean 
Avenue and Broad Branch Road; East along 
Broad Branch Road to 27th Street; North on 27th 
Street to Military Road; East on Military Road to 
Rock Creek; South along Rock Creek to Broad 
Branch; North along Broad Branch to Soapstone 
Creek; West along Soapstone Creek to the east- 



§1-309.03 



D.C. OFFICIAL CODE) 



efnmost extent of Soapstone Valley Park; Clock- 
wise around the boundary of Soapstone Valley 
Park to Albemarle Street; East on Albemarle 
Street to 32nd Street; North on 32nd Street to 
Appleton Street; East on Appleton Street to 31st 
Street; North on 31st Street to Gates Road; West 
on Gates Road to Chesapeake Street; West on 
Chesapeake Street to 32nd Street; North on 32nd 
Street to Davenport Street; West on Davenport 
Street to Connecticut Avenue; North on Connecti- 
cut Avenue to ElKeott Avenue; East on Ellicott 
Avenue to the southeast corner of Census Block 
13.01 3001; North along the eastern boundary of 
said Census Block 13.01 3001 to Fessenden Street 
East on Fessenden Street to Broad Branch Ter- 
race; North on Broad Branch Terrace to 33rd 
Street; Northeast on 33rd Street to Linnean Ave- 
nue; North on Linnean Avenue to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)], 
Description of SMD 3F04 Boundaries 
All streets are located in the Northwest qua* 
dfant. Beginning at the intersection of Connecti- 
cut Avenue and Davenport Street; East on Daven- 
port Street to 32nd Street; South on 32nd Street 
to Chesapeake Street; East on Chesapeake Street 
to Gates Road; East on Gates Road to 31st Street; 1 
South on 31st Street to Appleton Street, West on 
Appleton Street to 32nd Street; South 'oil 32nd 
Street to Albemarle Street; West , on Albemarle 
Street to the intersection of Albemarle Street and 
the northwest corner of Soapstone Valley Park; 
South along the border of said Soapstone Valley 
Park to Windom Place; West along Windom Place 
to Connecticut Avenue; North on Connecticut Av- 
enue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description SMD 3F05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Nebraska 
Avenue and Nevada Avenue; Southeast on Nevada 
Avenue to Linnean Avenue; South on Linnean 
Avenue to 33rd Street; Southwest on 33rd Street 
to Broad Branch Terrace; South on Broad Branch 
Terrace to Fessenden Street; West tin Fessenden 
Street to the northeast corner of Census Block 
13.01 3001; South along the eastern boundary of 
said Census Block 13.01 3001 to Elhcott Street; 
West on Ellicott Street to Connecticut Avenue; 
Southeast on Connecticut Avenue to Brandywine" 
Street; West oh Brandywine Street to 36th Street; 
North on 36th Street to Connecticut Avenue; 
Northwest on Connecticut Avenue to Nebraska 
Avenue; and Northeast on Nebraska Avenue to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3F06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Connecti- 
cut Avenue and Nebraska Avenue; Southeast oil 
Connecticut Avenue to 36th Street; South on 36th 
Street to Brandywine Street; East on Brandywine 
Street to Connecticut Avenue; Southeast On Con- 
necticut Avenue to Yuma Street; West on Yurria 



Street to Reno Road; South on Reno Road to 
Windom Place; West on Windom Place to 38th' 
Street; North on 38th Street to Chesapeake' 
Street; East on Chesapeake Street to Reno Road; 
North on Reno Road to Nebraska Avenue; North- 
on Nebraska Avenue to the point of beginning.' 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3F07 Boundaries , 
All streets are located in the Northwest qua- 
drant. Beginning at. the intersection of Connecti- 
cut Avenue and Van Ness Street; East on Van 
Ness Street to its end at the boundary of the' 
Howard University property identified as Square 
2049 Lot 810; Counter-clockwise around the 
boundary of said property identified as Square 
2049 Lot 810 to its intersection with the southwest 
corner of the Levine School of Music property 
identified as Square 2049 Lot 809; Counter-clock-, 
wise around the boundary of said property identi- 
fled as Square 2049 Lot 809 to its northwest 
corner at its' intersection with the eastern property 
boundary of the previously referenced Howard 
University property identified as Square 2049 Lot 
810; North along said eastern property boundary 
of Square 2049 Lot 810 to its northeast corner at 
its intersection with the southern boundary of 
Soapstone Valley Park; East along said southern 
boundary of Soapstone Valley Park to the eastern- 
most extent of the Park; North along the eastern 1 
boundary of Soapstone Valley Park to Soapstone 
Creek; East along Soapstone Creek to Broad 
Branch; South along Broad Branch to Rock 
Creek; South along Rock Creek to Melvin C. 
Hazen Creek; West along said Melvin Hazen 
Creek to its intersection with a line extending the 
northern property boundary of 3601 Connecticut 
Avenue to the northeast; Southwest along said line 
extending the northern property boundary of 3601; 
Connecticut Avenue, and continuing southwest 
along said northern property boundary of 3601 
Connecticut Avenue to Connecticut Avenue; 
Southeast on Connecticut Avenue to Porter Street; 
West on Porter Street to the 1 alley behind the' 
properties fronting on the west side Of Connecticut 
Avenue; Northwest along said alley to Rodman 
Street; East oh Rodman Street to Connecticut 
Avenue; North on Connecticut Avenue the point of 
beginning. '!...' 

' .[July 13, 2012, D.C. Law 19-157, § 2(a)] . , | 

Description of ANC 3G Boundaries 
All streets are located in the Northwest qua 1 - 
drant. Beginning at the intersection of the Dis- 
trict of Columbia — State of Maryland boundary 
and Rock Creek; Southeast along Rock Creek to 
its intersection with Military Road. West on 
Military Road to 27th Street; South on 27th Street 
to Broad Branch Road. West on Broad Branch 
Road to Nevada Avenue; Continuing West on Ne- 
vada Avenue to Nebraska Avenue; Southwest on 
Nebraska Avenue to Reno Road; Northwest on 
Reno Road to its intersection with the District of 
Columbia — State of Maryland boundary; North- 
east along the District of Columbia — State of Ma- 
ryland boundary to the point of beginning: 



28' 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 3G01 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the Dis- 
trict of Columbia — State of Maryland boundary 
and Rock Creek; Southeast along Rock Creek to 
its intersection with a line extending Beech Street 
from the west West along said line extending 
Beech Street and continuing west on Beech Street 
to a line extending Barnaby Street from the south- 
west; Southwest along said line extending Barna- 
by Street to Aberfoyle Place; East on Aberfoyle 
Place to 31st Street; Southwest on 31st Street to 
Tennyson Street; West on Tennyson Street to 
33rd Street; North on 33rd Street to Upland 
Terrace; West on Upland Terrace to the District 
of Columbia — State of Maryland boundary; North- 
east along the District of Columbia — State of Ma- 
ryland boundary to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 3G02 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Beech 
Street and a line extending Barnaby Street from 
the southwest; East on Beech Street and continu- 
ing east along a line extending Beech Street east 
to Rock Creek; South along Rock Creek to Mili- 
tary Road. West on Military Road to 27th Street; 
North on 27th Street to Utah Avenue. Northwest 
on Utah Avenue to Tennyson Street; East on 
Tennyson Street to 31st Street. Northeast on 31st 
Street to Aberfoyle Place; Northwest on Aber- 
foyle Place to Barnaby Street. Northeast along a 
line extending Barnaby Street to the northeast to 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 3G03 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection .of .Utah Ave- 
nue and Nebraska Avenue; Southeast on Utah 
Avenue to 27th Street; South on 27th Street to 
Broad Branch Road.; West on Broad Branch Road 
to Nevada Avenue; Northwest on Nevada Avenue 
to Legation Street; East on Legation Street to 
Broad Branch Road; Northwest on Broad Branch 
Road to Morrison Street; East on Morrison Street 
to Nebraska Avenue; Northeast on Nebraska Ave- 
nue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 3G04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the Dis- 
trict of Columbia — State of Maryland boundary 
and Upland Terrace; East on Upland Terrace to 
33rd Street; South on 33rd Street to Tennyson 
Street; East on Tennyson Street to Utah Avenue. 
Southeast on Utah Avenue to Nebraska Avenue; 
Southwest on Nebraska Avenue to Morrison 
Street; West on Morrison Street to Broad Branch 
Road; Northwest on Broad Branch Road to the 
District of Columbia — State of Maryland bound- 
ary. Northeast along the District of Columbia — 



State of Maryland boundary to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3G05 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the State 
of Maryland-District of Columbia boundary and 
Broad Branch Road; Southeast on Broad Branch 
Road to Legation Street; West on Legation Street 
to Nevada Avenue; Southeast on Nevada Avenue 
to Jocelyn Street; West on Jocelyn Street to 
Chevy Chase Parkway; North on Chevy Chase 
Parkway to Legation Street; West on Legation 
Street to Connecticut Avenue; Northwest on Con- 
necticut Avenue to Chevy Chase Circle; Counter- 
clockwise around Chevy Chase Circle to the State 
of Maryland-District of Columbia boundary; 
Northeast along the State of Maryland-District of 
Columbia boundary to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3G06 Boundaries 
All streets are located- in the Northwest qua- 
drant. Beginning at the northeast intersection of 
Chevy Chase Circle and the State of Maryland — 
District of Columbia boundary; Clockwise around 
Chevy Chase Circle to Connecticut Avenue; 
Southeast on Connecticut Avenue to Legation 
Street; East on Legation Street to Chevy Chase 
Parkway; South on Chevy Chase Parkway to Ka- 
nawha Street; West on Kanawha Street to 38th 
Street; North on 38th Street to Military Road; 
West on Military Road to Reno Road; Northwest 
on Reno Road to 41st Street; North on 41st Street 
to the State of Maryland-District of Columbia 
boundary; Northeast along the State of Maryland- 
District of Columbia boundary to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 3G07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Military 
Road and Reno Road; East on Military Road to 
38th Street; South on 38th Street to Kanawha 
Street; East on Kanawha Street to Chevy Chase 
Parkway; South on Chevy Chase Parkway to Jo- 
celyn Street; East on Jocelyn Street to Nevada 
Avenue; Southeast on Nevada Avenue to Nebras- 
ka Avenue; Southwest on Nebraska Avenue to 
Reno Road; Northwest on Reno Road to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC4A Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the Dis- 
trict of Columbia— State of Maryland boundary 
and Rock Creek; Northeast along the District of 
Columbia — State of Maryland boundary to the 
northern tip of the District of Columbia; Southeast 
along the District of Columbia — State of Maryland 
boundary to Georgia Avenue; South on Georgia 
Avenue to Missouri Avenue; West on Missouri 
Avenue to Colorado Avenue; Southwest on Colora- 
do Avenue to Kennedy Street; West on Kennedy 



29 



§ 1-309.03 



D.C. OFFICIAL COME 



Street to 16th Street; South on 16th Street to 
Piney Branch Parkway; Southwest on Piney 
Branch Parkway to Beach Drive; Continuing 
southwest along a line extending Piney Branch 
Parkway southwest to Rock Creek; North along 
Rock Creek to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4A01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the Dis- 
tinct of Columbia — State of Maryland boundary 
line and Rock Creek; Southeast on Rock Creek to 
Sherrill Drive; East on Sherrill Drive to 16th 
Street; North on 16th Street to Alaska Avenue; 
Northeast on Alaska Avenue to Geranium Street; 
West on Geranium Street to 16th Street; North on 
16th Street to Northgate Road; Northeast oh 
Northgate Road to the District of Columbia — State 
of Maryland boundary; Northwest on the District 
of Columbia — State of Maryland boundary to the 
northern tip of the District of Columbia; South- 
west on the District of Columbia-State of Mary- 
land boundary to the point of beginning. .; ( ; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4A02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of the Dis- 
trict of Columbia — State of Maryland boundary 
and Northgate Road; Southwest on Northgate 
Road to 16th Street; South on 16th Street to 
Geranium Street; East on Geranium Street to 
Georgia Avenue; North on Georgia Avenue to the 
District of Columbia — State of Maryland bound- 
ary; Northwest along the District of Columbia- 
State of Maryland boundary to the point of begin- 
ning- : - : - :,'.,.■ 

[July 13, 2012, D.C. Law 19-157, § 2(a)] '. . v ' 
Description of SMD 4A03 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Alaska 
Avenue and Geranium Street; Southwest on Alas- 
ka Avenue to 16th Street; South on 16th Street to 
Underwood Street; East on Underwood Street to 
Luzon Avenue; Northeast on Luzon Avenue to 
Van Buren Street; East on Van Buren Street to 
Georgia Avenue; North on Georgia Avenue to 
Geranium Street; West on Geranium Street to the 
; point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4A04 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Luzon 
Avenue and Van Buren Street; Southwest on Lu- 
zon Avenue to Somerset Place; East on Somerset 
Place to 14th Street; South on 14th Street to 
. Rittenhouse Street; East on Rittenhouse Street to 
13th Street; South on 13th Street to Rittenhouse 
Street; East on Rittenhouse Street to Georgia 
Avenue; North on Georgia Avenue to Van Buren 
Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4A05 Boundaries 



All streets are located in the Northwests ; T q!ua- 
drant. Beginning at the intersection of /16th 
Street and Somerset Place; South on 16th Street 
to Port Stevens Drive; East on Fort Stevens 
Drive to 14th Street; South on 14th Street' 'to 
Peabody Street; East on Peabody Street to 13tli 
Place; North on 13th Place to Fort Stevens Drive; 
East on Port Stevens Drive to 13th Street; North 
on 13th Street to the portion of Rittenhouse Street 
west of 13th Street; West on Rittenhouse Street to 
14th Street; North on 14th Street to Somerset 
Place; West on Somerset Place to the point of 
beginning. , ,; 

[July 13, 2012, D.C. Law 19-157, § 2(a)], , ,, .',, 
Description of SMD 4A06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection Of 14th 
Street and Peabody Street; East oh Peabody 
Street to 13th Place; North on 13th Place to Fort 
Stevens Drive; East on Fort Stevens Drive, to 13th 
Street; North on 13th Street to Rittenhouse 
Street; East on Rittenhouse Street to Georgia 
Avenue; South on Georgia Avenue to Missouri 
Avenue; West on Missouri Avenue to Colorado 
Avenue; Southwest on Colorado Avenue to Madi- 
son Street; West on Madison Street to' 14th 
Street; North on 14th Street to the point of begin- 
ning. ";'.' 1 ''■; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] • ; '■) 
Description of SMD 4A07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Rock 
Creek and a line extending Joyce Road from the 
northeast; Northeast along said line extending 
Joyce Road to Joyce Road; Continuing Northeast 
on Joyce Road to Morrow Drive; Southeast on 
Morrow Drive to Kennedy Street; East on Kenne- 
dy Street to Colorado Avenue; Northeast oh Colo- 
rado Avenue to Madison Street; West on Madison 
Street to 14th Street; North on 14th Street to 
iFort Stevens Drive; West on Fort Stevens. Drive 
•to '16fch Street; North on 16th Street to Luzon 
Avenue)' Northeast on Luzon Avenue to; Under- 
wood/Street; West on Underwood Street to 16th 
Street;i'HNorth on 16th Street to Sherrill Drive; 
West bfrfiSherrill Drive, to Rock Creek; South oh 
Rock Greekto 'the point of beginning* ■ . •'•'.< 
[July 13; { 26"12^D.C.;Law 19-157, § 2(a)]; ' '"" "' 
Description of SMD 4A08 Boundaries ! !l 
All streets 'are 1 ' located in the Northwest 'qua- 
drant. Beginning' at ' the intersection of Rock 
Creek and a line extending Joyce Road from the 
northeast; South on Rock Creek to a line extend- 
ing Piney Branch Parkway from the northeast; 
East on said line extending Piney Branch Parkway 
to Piney Branch Parkway, and continuing north- 
east on Piney Branch Parkway to 16th Street; 
North on 16th Street to Morrow Drive; Northwest 
on Morrow Drive to Joyce Road; Southwest on 
Joyce Road, and continuing southwest along a line 
extending Joyce Road southwest to the point ;of 
beginning. ■ :■ v ,;(I 
[July 13, 2012, D.C. Law 19-157, § 2(a)] . ;■(>; 



30 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Description of ANC 4B Boundaries 

Beginning at the intersection of the District of 
Columbia — State of Maryland boundary and Geor- 
gia Avenue, N.W.; Southeast along the District of 
Columbia — State of Maryland boundary to Kenne- 
dy Street, N.E.; West on Kennedy Street, N.E. to 
South Dakota Avenue, N.E.; Northwest on South 
Dakota Avenue, N.E. to Riggs Road, N.E.; South- 
west on Riggs Road, N.E. to Missouri Avenue, 
N.W.; Northwest on Missouri Avenue, N.W. to 
Longfellow Street, N.W.; West on Longfellow 
Street, N.W. to' Shepherd Road, N.W.; Northwest 
on Shepherd Road, N.W. to 7th Street, N.W.; 
South on 7th Street, N.W. to Longfellow Street, 
N.W.; West on Longfellow Street, N.W. to Geor- 
gia Avenue, N.W.; North on Georgia Avenue, 
N.W. to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and the District of Columbia — State of 
•Maryland boundary; Southeast along the District 
of Columbia — State of Maryland boundary to Ce- 
dar Street; South and then west on Cedar Street 
to 6th Street; South on 6th Street to Butternut 
Street; West on Butternut Street to 8th Street; 
North on 8th Street to Highland Avenue; West on 
Highland Avenue to 9th; North on 9th Street to 
Elder Street; West on Elder Street to Georgia 
Avenue; North on Georgia Avenue to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B02 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Elder Street; East on Elder Street to 
9th Street; South on 9th Street to Highland Ave- 
nue; East on Highland Avenue to 8th Street; 
South on 8th Street to Butternut Street; East on 
Butternut Street to 6th Street; North on' 6th 
Street .to Cedar Street; East on Cedar Street to 
the centerline of the WMATA right of way; South- 
east along said centerline of the WMATA right of 
way to Aspen Street; West on Aspen Street to 4th 
Street; South on 4th Street to Van Buren Street; 
West on Van Buren Street to Georgia Avenue; 
North on Georgia Avenue to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B03 Boundaries 
All streets are located in the Northwest qua^ 
drant. Beginning at the intersection of Georgia 
Avenue and Van Buren Street; East on Van Bu- 
ren Street to 3rd Street; South on 3rd Street to 
Rittenhouse Street; West on Rittenhouse Street to 
7th Street; North on 7th Street to Roxboro Place; 
West on Roxboro Place to 8th Street; North on 
8th Street to Sheridan Street; West on Sheridan 
Street to 9th Street; South on 9th Street to Rit- 
tenhouse Street; West on Rittenhouse Street to 
Georgia Avenue; North on Georgia Avenue to the 
point of beginning. 

31 



[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Rittenhouse Street; East on Ritten- 
house Street to 9th Street; North on 9th Street to 
Sheridan Street; East on Sheridan Street to 8th 
Street; South on 8th Street to Roxboro Place; 
East on Roxboro Place to 7th Street; South on 7th 
Street to Rittenhouse Street; East on Rittenhouse 
Street to 4th Street; South on 4th Street to Ogle- 
thorpe Street; West on Oglethorpe Street to 5th 
' Street; South on 5th Street to Nicholson Street; 
West on Nicholson Street to Missouri Avenue; 
Northwest on Missouri Avenue to Georgia Avenue; 
North on Georgia Avenue to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Missouri Avenue; Southeast on Mis- 
souri Avenue to Nicholson Street; East on Nichol- 
son Street to 5th Street; North on 5th Street to 
Oglethorpe Street; East on Oglethorpe Street to 
4th Street; South on 4th Street to Longfellow 
Street; West on Longfellow Street to Shepherd 
Road; Northwest on Shepherd Road to 7th Street; 
South on 7th Street to Longfellow Street; West on 
Longfellow Street to Georgia Avenue; North on 
Georgia Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B06 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of 3rd Street and Van Buren 
Street; East on Van Buren Street to the center- 
line of the WMATA right of way; Southeast along 
said centerline of the WMATA right of way to 
New Hampshire Avenue, N.E.; Southwest on New 
Hampshire Avenue, N.E., to McDonald Place, 
N.E.; West on McDonald Place, N.E. to North 
Capitol Street; South on North Capitol Street to 
Milmarson Place; West on Milmarson Place to 1st 
Street; South on 1st Street to Longfellow Street; 
West on Longfellow Street to 2nd Street; South 
on 2nd Street to Missouri Avenue; Northwest oh 
Missouri Avenue to 4th Street; North on 4th 
Street to Rittenhouse Street; East on Rittenhouse 
Street to 3rd Street; North on 3rd Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B07 Boundaries 
All streets are located in the Northwest qua- 
drant unless otherwise designated. Beginning at 
the intersection of the District of Columbia — State 
of Maryland boundary and Cedar Street; South- 
east along the District of Columbia — State of Ma- 
ryland boundary to New Hampshire Avenue, NE; 
Southwest on New Hampshire Avenue, N.E. to the 
centerline of the WMATA right of way; Northwest 
along said centerline of the WMATA right of way 
to Van Buren Street; West on Van Buren Street 



§1-309.03 



D.C. OFFICIAL CODE 



to 4th Street; North on 4th Street to Aspen 
Street; Bast on Aspen Street to the centerline of 
the WMATA right of way; Northwest along said 
centerline of the WMATA right of way to Cedar 
Street; East and then north on Cedar Street to 
the point of beginning . 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B08 Boundaries 
Beginning at the intersection of the District of 
Columbia — State of Maryland boundary and New 
Hampshire Avenue, N.E.; Southeast along said 
District of Columbia — State of Maryland boundary 
to 6th Street, N.E.: South on 6th Street, N.E. to 
Oglethorpe Street, N.E.; West on Oglethorpe 
Street, N.E. to 3rd Street, N.E.; South on 3rd 
Street, N.E. to Riggs Road, N.E.; Southwest on 
Riggs Road, N.E. to Missouri Avenue (at North 
Capitol Street); Northwest on Missouri Avenue, 
N.W. to 2nd Street, N.W.; North on 2nd Street, 
N.W. to Longfellow Street, N.W.; East on Long- 
fellow Street, N.W. to 1st Street, N.W.; North on 
1st Street, N.W. to Milmarson Place, NW; East on 
Milmarson Place, N.W. to North Capitol, Street; 
North on North Capitol Street to MacDonaid 
Place, N.E.; East on McDonald Place, NE to New 
Hampshire Avenue, N.E.; Northeast on, New 
Hampshire Avenue, N.E. to the point of beginning, 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4B09 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of the Dis- 
trict of Columbia — State of Maryland boundary 
and 6th Street; Southeast along said District of 
Columbia — State of Maryland boundary to Kenne- 
dy Street; West on Kennedy Street to South 
Dakota Avenue; Northwest oh South Dakota Ave- 
nue to 3rd Street; North on 3rd Street to Ogle- 
thorpe Street; East on Oglethorpe Street to 6th 
Street; North on 6th Street to the point of begin- 
ning. 

. [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 4C Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Missouri 
Avenue and Georgia Avenue; Northwest on Mis- 
souri Avenue to Colorado Avenue; Southwest ,bn 
Colorado Avenue to Kennedy Street; West on 
Kennedy Street to 16th Street; South on 16th 
Street to Spring Road; Southeast on Spring Road 
to New Hampshire Avenue; Northeast on New 
Hampshire Avenue to Rock Creek Church Road; 
Northeast on Rock Creek Church Road to its 
intersection with Webster Street along the proper- 
ty boundary of the Rock Creek Parish Cemetery 
property identified as Parcel 01110037; Clockwise 
around said property boundary of Parcel 01110037 
to its intersection with Buchanan Street; West on 
Buchanan Street to New Hampshire Avenue; 
Northeast on New Hampshire Avenue to Decatur 
Street; West on Decatur Street to 4th Street; 
North on 4th Street to Delafield Place; West on 
Delafield Place to 5th Street; South on 5th Street 
to Decatur Street; West on Decatur Street to 
Kansas Avenue; Southwest on Kansas Avenue to 



Sherman Circle; Clockwise around Sherman Cir- 
cle to its southeast intersection with Illinois Ave- 
nue; Southeast on Illinois Avenue to Buchanan 
Street; West on Buchanan Street to Georgia Ave- 
nue; North on Georgia Avenue to the point , of 
beginning. :, 

[July 13, 2012, D.C. Law 19-157, § 2(a)] , . '' , 
Description of SMD 4C01 Boundaries 
All streets are located in the Northwest qua-r 
drant. Beginning at the intersection of Missouri 
Avenue and Georgia Avenue; Northwest on Mis T 
souri Avenue to Colorado Avenue; Southwest oh 
Colorado Avenue to 14th Street; South oh ,14th 
Street to Ingraham Street; East on Ingraham' 
Street to 13th Street; South on 13th Street to 
Hamilton Street; East on Hamilton Street ' to 
Georgia Avenue; North dn Georgia Avenue to' the 
point of beginning.' !;l ■'■■' ; "■ ';'■"■ .'••, .' 

[July 13, 2012, D;C. Law w4ffl;V 2(a)] •■"'■' 
•Description of SMD 4C02 Boundaries 

./All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Kennedy 
Street and 16th, Street; South oh 16th Street to 
Crittenden Street; East on Crittenden Street to 
14th Street; South on 14th Street to Buchanan 
Street; East on Buchanan Street to 13th Street; 
North on 13th Street to Decatur Street; East on 
Decatur Street to Georgia Avenue; North on 
Georgia Avenue to Hamilton Street; West on 
Hamilton Street to 13th Street; North on 13th. 
Street to Ingraham Street; West on Ingraham 
Street to 14th Street; North on 14th Street to 
Kennedy Street; West oh Kennedy Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] , 
Description of SMD 4C03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th 
Street and Crittenden Street; South on i6th 
Street to Upshur Street; East on Upshur Street 
to Arkansas Avenue; Northeast on Arkansas Ave- 
nue to 14th Street; North on 14th Street to AHisoIi 
Street; East on Allison Street to Georgia Avenue; 
North on Georgia Avenue to Decatur Street';' West 
oh Decatur Street to 13th 'Street; South oil 13tK 
Street to Buchanan Street; West on , Buchanan 
Street to 14th Street; North on- 14th Street 'to 
Crittenden Street; West' on - ' Crittenden Street] to 
the point of beginning. 



[July 13, 2012, D.C. Law"19-157, § 2(a)]' 



'CM 



Description of SMD 4C04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 16th' 
Street and Upshur Street; South on 16th Street to 
Spring Road; East on Spring Road to 14th Street; 
North on 14th Street to Upshur Street; West On 
Upshur Street to the point of beginning, 
[July 13, 2012, D.C. Law 19-157, § 2(a)], ,'' 
Description of SMD 4C05 Boundaries; 

All streets are located in the Northwest qua*- 
drant. Beginning at the intersection of 14th 
Stoeet and Allison Street; South on 14th Street to 



32 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Arkansas Avenue; Southwest on Arkansas Avenue 
to Upshur Street; East on Upshur Street to 14th 
Street; South on 14th Street to Spring Road; 
Southeast on Spring Road to 13th Street; North 
on 13th Street to Taylor Street; East on Taylor 
Street to Kansas Avenue; Northeast on Kansas 
Avenue to Georgia Avenue; North on Georgia 
Avenue to Iowa Avenue; Northwest on Iowa Ave- 
nue to Allison Street; West on Allison Street to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4C06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 13th 
Street and Taylor Street; South on 13th Street to 
Spring Road; Southeast on Spring Road to New 
Hampshire Avenue; Northeast on New Hampshire 
Avenue to Georgia Avenue; North on Georgia 
Avenue to Shepherd Street; West on Shepherd 
Street to Kansas Avenue; Northeast on Kansas 
Avenue to Taylor Street; West on Taylor Street to . 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4C07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Buchanan Street; South on Georgia 
Avenue to Allison Street; West on Allison Street 
to Iowa Avenue; Southeast on Iowa Avenue to 
Georgia Avenue; South on Georgia Avenue to 
Kansas Avenue; Southwest on Kansas Avenue to 
Shepherd Street; East on Shepherd Street to 8th 
Street; North on 8th Street to Upshur Street; 
East on Upshur Street to 5th Street; North on 5th 
Street to Grant Circle; Clockwise around Grant 
Circle to its northeast intersection with New 
Hampshire Avenue; Northeast on New Hampshire 
Avenue to Allison Street; West on Allison Street 
to Illinois Avenue; Northwest on Illinois Avenue 
to Buchanan Street; West on Buchanan Street to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4C08 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Shepherd Street; South on Georgia 
Avenue to Rock Creek Church Road; East on 
Rock Creek Church Road to 5th Street; North on 
5th Street to Upshur Street; West on Upshur 
Street to 8th Street; South on 8th Street to Shep- 
herd Street; West on Shepherd Street to the point 
of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4C09 Boundaries ■ 

All streets are located in the Northwest qua- 
drant. Beginning at the southeast intersection of 
Sherman Circle and Illinois Avenue; Southeast on 
Illinois Avenue to Allison Street; East on Allison 
Street to New Hampshire Avenue; Southwest on 
New Hampshire Avenue to Grant' Circle; Coun- 
ter-clockwise around Grant Circle to its southeast 
intersection with Illinois Avenue; Southeast on 
Illinois Avenue to Upshur Street; East on Upshur 



Street to 4th Street; North on 4th Street to 
Webster Street; East on Webster Street to its 
intersection with Rock Creek Church Road along 
the property boundary of the Rock Creek Parish 
Cemetery property identified as Parcel 01110037; 
Clockwise around said property boundary of Par- 
cel 01110037 to its intersection with Buchanan 
Street; West on Buchanan Street to New Hamp- 
shire Avenue; Northeast on New Hampshire Ave- 
nue to Decatur Street; West on Decatur Street to 
4th Street; North on 4th Street to Delafield Place; 
West on Delafield Place to 5th Street; South on 
5th Street to Decatur Street; West on Decatur 
Street to Kansas Avenue; Southwest on Kansas 
Avenue 'to Sherman Circle; Clockwise around 
Sherman Circle to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4C10 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the southern intersection of 
Grant Circle and 5th Street; South on 5th Street 
to Rock Creek Church Road; Northeast on Rock 
Creek Church Road to Webster Street; West on 
Webster Street to 4th Street; South on 4th Street 
to Upshur Street; West on Upshur Street to Illi- 
nois Avenue; Northwest on Illinois Avenue to 
Grant Circle; Clockwise around Grant Circle to . 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 4D Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Longfellow Street; East on Longfel- 
low Street to 7th Street; North on 7th Street to 
Shepherd Road; East on Shepherd Road to Long- 
fellow Street; East on Longfellow Street to Mis- 
souri Avenue; Southeast on Missouri Avenue to 
North Capitol Street; South on North Capitol 
Street to Rock Creek Church Road; Southwest on 
Rock Creek Church Road to its intersection with 
Webster Street along the property boundary of the 
Rock Creek Parish Cemetery property identified 
as Parcel 01110037; Clockwise around said proper- 
ty boundary of Parcel 01110037 to its intersection 
with Buchanan Street; West on Buchanan Street 
to New Hampshire Avenue; Northeast on New 
Hampshire Avenue to Decatur Street; West on 
Decatur Street to 4th Street; North on 4th Street 
to Delafield Place; West on Delafield Place to 5th 
Street; South on 5th Street to Decatur Street; 
West on Decatur Street to Kansas Avenue; South- 
west on Kansas Avenue to Sherman Circle; Clock- 
wise around Sherman Circle to its southeast inter- 
section with Illinois Avenue; Southeast on Illinois 
Avenue to Buchanan Street; West on Buchanan 
Street to Georgia Avenue; North on Georgia Ave- 
nue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4D01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of Georgia 
Avenue and Longfellow Street; East on Longfel- 
low Street to 7th Street; North on 7th Street to 
Shepherd Road; East on Shepherd Road to 5th 



§ 1-309.03 



DC. OFFICIAL: GOEE5 



Street; South on 5tli Street to Jefferson Street; 
West on Jefferson Street to 9th Street; South on 
9th Street to Ingraham Street; West on Ingraham 
Street to Georgia Avenue; North on Georgia Ave- 
nue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 4D02 Boundaries 

Ail streets are located in the Northwest qua- 
drant. Beginning at the intersection of Shepherd 
Road and 5th Street; East on Shepherd Road to 
Longfellow Street; East on Longfellow Street to 
Missouri Avenue; Southeast on Missouri Avenue 
to North Capitol Street; South on North Capitol 
Street to Ingraham Street; West on Ingraham 
Street to New Hampshire Avenue; South on New 
Hampshire Avenue to Gallatin Street; West on 
Gallatin Street to 4th Street; North on 4th Street 
to Jefferson Street; West on Jefferson Street to 
5th Street; North on 5th Street to the point of 
beginning. ;; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] .<;' ? \' t 
Description of SMD 4D03 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 4th Street' 
and Gallatin Street; North on 4th Street to Jeffer- 
son Street; West on Jefferson Street to 7th Street; 
South on 7th Street to Farragut Street; East on 
Farragut Street to 5th Street; South oh 5th Street 
to Delafield Place; East on Delafield Place to 4th 
Street; North on 4th Street to Farragut Street; 
East on Farragut Street to 2nd Street; North on 
2nd Street to Gallatin Street; West on Gallatin 
Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 4D04 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 9th Street 
and Jefferson Street; East on Jefferson Street to 
7th Street; South on 7th Street to Emerson 
Street; West on Emerson Street to Georgia Ave- 
nue; North on Georgia Avenue to Ingraham 
Street; East on Ingraham Street to 9th Street; 
North on 9th Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] :■••' > . 
Description of SMD 4D05 Boundaries 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of North 
Capitol Street and Ingraham Street; South on. 
North Capitol Street to Rock Creek Church Road; 
Southwest on Rock Creek Church Road to its 
intersection with Webster Street along the proper- 
ty boundary of the Rock Creek Parish Cemetery 
property identified as Parcel 01110037; Clockwise 
around said property boundary of Parcel 01110037 
to its intersection with Buchanan Street; West on 
Buchanan Street to New Hampshire Avenue; 
Northeast on New Hampshire Avenue to Decatur 
Street; West on Decatur Street to 4th Street; 
North on 4th Street to Farragut Street; East on 
Farragut Street to 2nd Street; North on 2nd 
Street to Gallatin Street; East on Gallatin Street 
to New Hampshire Avenue; Northeast on New 



Hampshire Avenue to Ingraham Street; East;<6n', 
Ingraham Street to the point of beginning! '. ! ■:'; ' ' ■ ' 
[July 13, 2012, D.C. Law 19-157, § 2(a)] : •J rl ' ; 
Description of SMD 4D06 Boundaries jl'ij"^ 
All streets are located in the Northwest -quft;., 
drant. Beginning at the intersection of Buchanan 
Street and Illinois Avenue; West on Buchanan. 
Street to Georgia Avenue; North on Georgia Ay^ 
nue to Emerson Street; East on Emerson Street; 
to 7th Street; North on 7th Street to Farragut 
Street; East on Farragut Street to 5th Street; 
South on 5th Street to Decatur Street; West on 
Decatur Street to Kansas Avenue; Southwest on 
Kansas Avenue to Sherman; Circle; Clockwise', 
around Sherman Circle to its Southeast intersex 
tion with Illinois Avenue; Southeast on Illinois 
Avenue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 5A 
, Beginning at the intersection of North Capitol' 
Street and Riggs Road; East on Riggs Road, N.E". , 
to South Dakota Avenue, N.E.; Southeast on' 
South Dakota Avenue, N.E. to Kennedy Street, 
N.E.; East on Kennedy Street, N.E. to the Dis- 
trict of Columbia — State of Maryland boundary; 
Southeast along the District of Columbia— State , of ■, 
Maryland boundary to its intersection with* .■a;;lin,e' 
extending 16th Street, N.E. from the southwest; 
Southwest along said line extending 16th Street*; 
N.E. to 16th Street, N.E.; South on 16th Street, i 
N.E. to Buchannan Street, N.E.; East on Bu.qhan-' 
nan Street, N.E. to 17th Street, N.E.; South; on: 
17th Street, N.E. to Webster Street, N.E.; r West : 
on Webster Street, N.E. to South Dakota Ayenuev 
N.E.; Southeast on South Dakota Avenue, N.E. to 
Michigan Avenue, N.E.; West on Michigan -Ave-, 
nue, N.E. to 14th Street, N.E.; North on, 14th 
Street, N.E. to Varnum Street, N.E.; West on, 
Varnum Street, N.E. to 10th Street, N.E.;. South , 
on 10th Street, N.E. to Taylor Street, N.E,;-.West, 
on Taylor Street, N.E. to the centerline of the, 
WMATA Metrorail tracks; South along said cen- 
terline of the WMATA Metrorail tracks/to Michi- 
gan Avenue, N.E,; Southwest on Michigan' Ave- 
nue, N.E. to North Capitol Street; North 1 " .'on 
North Capitol Street to Irving Street; • West i .ori 1 
Irving Street, N.W. to Keriydn Street, NW.;<West" 
on Kenyon Street, N.W. to - Park, Place, Ni.W:;'-, 
North on Park Place, N.W, to 1 Rock Creek/ Church! 
Road, N.W;; Northeast ,on Rock : Creek -Ghurdh, 
Road, N.W. to North Capitol; Street; 1 North>';orii 
North Capitol Street to the point of beginning/ i 
[July 13, 2012, D.C. Law 19-157, § 2(a)] ■'■'*> T"f 'i<> 
Description of SMD 5A01 Boundaries &^ i 
All streets are located in the Northeast 'qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Kennedy Street; East on Kenii 
nedy Street to the District of Columbia — State of- 1 , 
Maryland boundary; Southeast along the District! 
of Columbia — State of Maryland boundary to Gal-M 
loway Street; West on Galloway Street to Souths 
Dakota Avenue; Northwest on South Dakota Ave-! 
nue to the point of beginning. .■.,•- 

[July 13, 2012, D.C. Law 19-157, § 2(a)] '</ ;i. i 



34 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Description of SMD 5A02 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Galloway Street; East on 
Galloway Street to the District of Columbia — State 
of Maryland boundary; Southeast along the Dis- 
trict of Columbia — State of Maryland boundary to 
its intersection with a line extending 16th Street 
from the southwest; Southwest along said line 
extending 16th Street to. 16th Street; South on 
16th Street to Buchannan Street; East on Buchah- 
nan Street to 17th Street; South on 17th Street to 
Webster Street; West on Webster Street to South 
Dakota Avenue; Southeast on South Dakota Ave- 
nue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A03 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and 8th Street; Southeast on 
South Dakota Avenue to Michigan Avenue; West 
on Michigan Avenue to 14th Street; North on 14th 
Street to Varnum Street; West on Varnum Street 
to 10th Street; South on 10th Street to Taylor 
Street; West on Taylor Street to the centerline of 
the WMATA Metrorail tracks; North along said 
centerline of the WMATA Metrorail tracks to its 
intersection with a line extending Buchanan Street 
from the east; East along said line extending 
Buchanan Street to Buchanan Street, and continu- 
ing east on Buchanan Street to 8th Street; North 
on 8th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A04 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Fort Tot- 
ten Drive and Bates Road; Northeast on Bates 
Road to its northernmost extent; Continuing 
northeast along a line extending Bates Road north- 
east to its intersection with the centerline of the 
WMATA Metrorail tracks; South along said cen- 
terline of the WMATA Metrorail tracks to Michi- 
gan Avenue; Southwest on Michigan Avenue to 
Irving Street; Northwest on Irving Street to the 
access ramp to North Capitol Street northbound; 
Northwest on said access rainp to North Capitol 
Street; North on North Capitol Street to Scale 
Gate Road; East on Scale Gate Road to Harewood 
Road; North on Harewood Road to Taylor Street; 
East on Taylor Street to Hawaii Avenue; North- 
west on Hawaii Avenue to Fort Totten Drive; 
Northwest on Fort Totten Drive to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A05 Boundaries 
Beginning at the intersection of Rock Creek 
Church Road, N.W. and Harewood Road, N.W.; 
Southwest on Rock Creek Church Road, N.W. to 
Park Place, N.W.; South on Park Place, N.W. to 
Kenyon Street, N.W.; East on Kenyon Street, 
N.W. to Irving Street, N.W.; East on Irving 
Street, N.W. to North Capitol Street; South on 
North Capitol Street to Michigan Avenue; East on 
Michigan Avenue, N.E. to Irving Street, N.E.; 

35 



Northwest on Irving Street, N.E. to the access 
ramp to North Capitol Street northbound; North- 
west on said access ramp to North Capitol Street; 
North on North Capitol Street to Harewood Road; 
Northwest on Harewood Road, N.W. to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A06 Boundaries 
Beginning at the intersection of Fort Totten 
Drive, N.E. and Allison Street, N.E.; Southeast on 
Fort Totten Drive, N.E. to Hawaii Avenue, N.E.; 
Southeast on Hawaii Avenue, N.E. to Taylor 
Street, N.E.; West on Taylor Street, N.E. to 
Harewood Road, N.E.; South on Harewood Road, 
N.E. to Scale Gate Road, N.E.; West on Scale 
Gate Road, N.E. to North Capitol Street; North 
on North Capitol Street to Harewood Road; 
Northwest on Harewood Road, N.W. to Rock 
Creek Church Road, N.W.; Northeast on Rock 
Creek Church Road, N.W. to Allison Street, N.W.; 
Northeast on Allison Street, N.W. to Allison 
Street, N.E.; Continuing northeast on Allison 
Street, N.E. to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A07 Boundaries 
Beginning at the intersection of North Capitol 
Street and Riggs Road; East on Riggs Road, N.E. 
to its intersection with the centerline of the WMA- 
TA Metrorail tracks; South along said centerline 
of the WMATA Metrorail tracks to its intersection 
with a line extending Bates Road, N.E. from the 
southwest; Southwest along said line extending 
Bates Road, N.E. to Bates Road, N.E., and con- 
tinuing southwest to Fort Totten Drive, N.E.; 
North on Fort Totten Drive, N.E. to Allison 
Street, N.E.; Southwest on Allison Street, N.E. to 
Allison Street, N.W., and continuing southwest to 
Rock Creek Church Road, N.W.; North on Rock 
Creek Church Road, N.W. to North Capitol Street; 
North on North Capitol Street to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5A08 Boundaries 
Beginning at the intersection of South Dakota 
Avenue, N.E. and Kennedy Street, N.E.; South- 
east on South Dakota Avenue, N.E. to 8th Street, 
N.E.; South on 8th Street,' N.E. to Buchanan 
Street, N.E.; West on Buchanan Street, N.E. to 
its end at 6th Street, N.E.; Continuing west on a 
line extending Buchanan Street, N.E. west to the 
centerline of the WMATA Metrorail tracks; North 
along said centerline of the WMATA Metrorail 
tracks to Riggs Road, N.E.; Northeast on Riggs 
Road, N.E. to South Dakota Avenue, N.E.; South- 
east on South Dakota Avenue, N.E. to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 5B Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Taylor 
Street and the centerline of the WMATA Metrorail 
tracks; East on Taylor Street to 10th Street; 
North on 10th Street to Varnum Street; East on 



§1^309.03 



DXJ. OFFICIAL CODES 



Varnum Street to 14th Street; South on 14th 
Street to Michigan Avenue; East on Michigan 
Avenue to South Dakota Avenue; Northwest on 
South Dakota Avenue to Webster Street; East on 
Webster Street to 17th Street; North on 17th 
Street to Buchanan Street; West on Buchanan 
Street to 16th Street; North on 16th Street to its 
end at Eastern Avenue; Northeast on a line ex- 
tending 16th Street northeast to its intersection 
with the District of Columbia — State of Maryland 
boundary; Southeast along the District of Colum- 
bia — State of Maryland boundary to Randolph 
Street; West on Randolph Street to 24th Street; 
South on 24th Street to Quincy Street; West on 
Quincy Street to South Dakota Avenue; Southeast 
on South Dakota Avenue to Monroe Street; West 
on Monroe Street to 20th Street; South on 20th 
Street to Jackson Street; West on Jackson Street 
to 18th Street; South on 18th Street to Rhode 
Island Avenue; Southwest on Rhode Island Ave- 
nue to its intersection with the centerline of the 
WMATA Metrorail tracks; North along said cen- 
terline of the WMATA Metrorail tracks to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5B01 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Webster Street; East on Web- 
ster Street to 17th Street; North on 17th Street to 
Buchanan Street; West on Buchanan Street to 
16th Street; North on 16th Street to its end at 
Eastern Avenue; Northeast on a line extending 
16th Street northeast to its intersection, with the 
District of Columbia — State of Maryland bound- 
ary; Southeast along the District of Columbia — 
State of Maryland boundary to Randolph Street; 
West on Randolph Street to 24th Street; South on 
24th Street to Quincy Street; West on Quincy 
Street to South Dakota Avenue; Northwest on 
South Dakota Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5B02 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Michigan 
Avenue and South Dakota Avenue; Southeast on 
South Dakota Avenue to Monroe Street; West on 
Monroe Street to its intersection with the center- 
line of the WMATA Metrorail tracks; North along 
said centerline of the WMATA Metrorail tracks to 
Michigan Avenue; Northeast on Michigan Avenue 
to Bunker Hill Road; Northeast on Bunker Hill 
Road to Otis Street; East on Otis Street to 13th 
Street; North on 13th Street to Michigan Avenue; 
Northeast on Michigan Avenue to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5B03 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 13th 
Street and Monroe Street; East on Monroe Street 
to 20th Street; South on 20th Street to Jackson 
Street; West oh Jackson Street to 18th Street; 
South on 18th Street to Rhode Island Avenue; 



Southwest on Rhode Island Avenue to 13th Street; 
North on 13th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5B04 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Monroe 
Street and the centerline of the WMATA Metrorail 
tracks; East on Monroe Street to 13th Street; 
South on 13th Street to Rhode Island Avenue; j 
Southwest on Rhode Island Avenue to its intersec-i 
tion with the centerline of the WMATA Metrorail', 
tracks; North along said centerline of the WMA-/ 
TA Metrorail tracks to the point of beginning.; 
[July 13, 2012, D.C. Law 19-157, § 2(a)] : :' 
Description of SMD 5B05 Boundaries 
All streets are located in the Northeast: qua- 
drant. Beginning at the intersection of Taylor 
Street and the centerline of the WMATA Metrorail, 
tracks; East on Taylor Street to 10th Streejyj 
North on 10th Street to Varnum Street; Eastj.fln.; 
Varnum Street to 14th Street; South ■,Qn 3 ;Jjj%, 
Street to Michigan Avenue; Southwest on [Michi- 
gan Avenue to 13th Street; South on 13th .Street; , 
to Otis Street; West on Otis Street to Bunker^jJL 
Road; Southwest on Bunker Hill Road to Mich^, 
gan Avenue; Southwest on Michigan Avenue .to jits,, 
intersection with the centerline of the W^LATA,; 
Metrorail tracks; North along said centerline oft 
the WMATA Metrorail tracks to the point of be-: 
ginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description ANC 5C Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Quincy Street; East on Quin- ( 
cy Street to 24th Street; North on 24th Street to, 
Randolph Street; East on Randolph Street to the ■ 
District of Columbia— State of Maryland bound-, 
ary; Southeast along the District of Columbia — , 
State of Maryland boundary to its intersection 
with the centerline of the Anacostia River; South- 
west along the centerline of the Anacostia River to 
its intersection with a line extending M Street 
from the west; West along said line extending M , 
Street to the easternmost extent of M : Street along 
the Southern property boundary of the National 
Arboretum; West along said southern property 
boundary of the National Arboretum to the inter-: 
section of Bladensburg Road and Mount Olivet 
Road; Northwest on Mount Olivet Road to West, 
Virginia Avenue; Northeast on West Virginia Aye?: 
nue to the Montana Avenue traffic circle; Clock;-; 
wise around the Montana Avenue traffic circle to 
its first intersection with New York Avenue; 
Southwest on New York Avenue to its intersection 
with the western boundary of the WMATA proper- 
ty identified as Square 3605 Lot 814; North along 
said western boundary of Square 3605 Lot 814 to 
its northernmost point at its intersection with the 
western boundary of the CSX property identified 
as Square 3605 Lot 837; North along said western 
boundary of Square 3605 Lot 837 to its northern- 
most point at its intersection with Rhode Island 
Avenue, N.E.; Northeast on Rhode Island Avenue 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



to 18th Street; North on 18th Street to Jackson 
Street; East on Jackson Street to 20th Street; 
North on 20th Street to Monroe Street; East on 
Monroe Street to South Dakota Avenue; North- 
west on South Dakota Avenue to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C01 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Quincy Street; East on Quin- 
cy Street to 24th Street; North on 24th Street to 
Randolph Street; East on Randolph Street to the 
District of Columbia — State of Maryland bound- 
ary; Southeast along the District of Columbia — 
State of Maryland boundary to Monroe Street; 
West on Monroe Street to Clinton Street; South- 
west on Clinton Street to Myrtle Avenue; South- 
west on Myrtle Avenue to South Dakota Avenue 
Northwest on South Dakota Avenue to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C02 Boundaries 
AH streets are located in the Northeast qua- 
drant. Beginning at the intersection of South 
Dakota Avenue and Myrtle Avenue; Northeast on 
Myrtle Avenue to Clinton Street; Northeast, on 
Clinton Street to Monroe Street; East on Monroe 
Street to the District of Columbia — State of Mary- 
land boundary; Southeast along the District of 
Columbia — State of Maryland boundary to Bla- 
densburg Road; Southwest on Bladensburg Road 
to its intersection with the centerline of the CSX 
railroad tracks; West along said centerline of the 
CSX railroad tracks to Montana Avenue; North on 
Montana Avenue to 18th Street; North on 18th 
Street to Evarts Street; East on Evarts Street to 
26th Street; North on 26th Street to Franklin 
Street; East on Franklin Street to Vista Street; 
Northeast on Vista Street to South Dakota Ave- 
nue; Northwest on South Dakota Avenue to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C03 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Bladens- 
burg Road and South Dakota Avenue; Northeast 
on Bladensburg Road to the District of Colum- 
bia — State of Maryland boundary; Southeast along 
the District of Columbia— State of Maryland 
boundary to its intersection with the centerline of 
the Anacostia River; Southwest along said center- 
line of the Anacostia River to its intersection with 
the centerline of the CSX railroad tracks; West 
along said. centerline of the CSX railroad tracks to 
its intersection with a line extending South Dakota 
Avenue from the northwest; Northwest along said 
line extending South Dakota Avenue, and continu- 
ing northwest on South Dakota Avenue to 33rd 
Place; Northeast on 33rd Place to Fort Lincoln 
Drive; Northwest on Fort Lincoln Drive to 31st 
Place; Southwest on 31st Place to South Dakota 
Avenue; Northwest on South Dakota Avenue to 
the point of beginning. 

37 



[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C04 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Bladens- 
burg Road and South Dakota Avenue; Southeast 
on South Dakota Avenue to 31st Place; Northeast 
on 31st Place to Fort Lincoln Drive; Southeast on 
Fort Lincoln Drive to 33rd Place; Southwest on 
33rd Place to South Dakota Avenue; Southeast on 
South Dakota Avenue to its end at New York 
Avenue; Continuing southeast on a line extending 
South Dakota Avenue southeast to its intersection 
with the centerline of the CSX railroad tracks; 
East on said centerline of the CSX railroad tracks 
to its intersection with the centerline of the Ana- 
costia River; Southwest along said centerline of 
the Anacostia River to its intersection with a line 
extending M Street from the west; West along 
said line extending M Street to the easternmost 
extent of M Street along the southern property 
boundary of the National Arboretum; West along 
said southern property boundary of the National 
Arboretum to the intersection of Bladensburg 
Road and Mount Olivet Road; Northwest on 
Mount Olivet Road to West Virginia Avenue; 
Northeast on West Virginia Avenue to the Mon- 
tana Avenue traffic circle; Clockwise around the 
Montana Avenue traffic circle to its first intersec- 
tion with New York Avenue; East on New York 
Avenue to its eastern intersection with the Mon- 
tana Avenue traffic circle; Counterclockwise 
around the Montana Avenue traffic circle to north- 
bound Montana Avenue; North on Montana Ave- 
nue to its intersection with the centerline of the 
CSX railroad tracks; East on said centerline of the 
CSX railroad tracks to Bladensburg Road; North- 
east on Bladensburg Road to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C05 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of W Street 
and 15th Street; East on W Street to Montana 
Avenue; South on Montana Avenue to the Mon- 
tana Avenue traffic circle; Clockwise around the 
Montana Avenue traffic circle to its eastern inter- 
section with New York Avenue; Southwest on 
New York Avenue to its intersection with the 
western boundary of the WMATA property identi- 
fied as Square 3605 Lot 814; North along said 
western boundary of Square 3605 Lot 814 to its 
northernmost point at its intersection with the 
western boundary of the CSX property identified 
as Square 3605 Lot 837; North along said western 
boundary of Square 3605 Lot 837 to its northern- 
most point at its intersection with Rhode Island 
Avenue; Northeast on Rhode Island Avenue to 
Montana Avenue; Southeast on Montana Avenue 
to 14th Street; In a southerly direction on 14th 
Street to Downing Street; Northeast on Downing 
Street to 15th Street; South on 15th Street to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C06 Boundaries 



§ 1-309.03 



D.C. OFFICIAL; CODE 



All streets are located in the Northeast qua- 
drant. Beginning ;at the intersection Of Rhode 
Island Avenue and 17th Street; South on 17th 
Street to Evarts Street; East on Evarts Street to 
18th 'Street; South on 18th Street to W Street; 
West on W Street to 15th Street; In a northerly 
direction on 15th Street to Downing Street; South- 
west on Downing Street to 14th Street; In a 
northerly direction on 14th Street to Montana 
Avenue; Northwest on Montana Avenue to Rhode 
Island Avenue; Northeast on Rhode Island Ave- 
nue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5C07 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Monroe 
Street and South Dakota Avenue; Southeast on 
South Dakota Avenue to Vista Street; Southwest 
on Vista Street to Franklin Street; West on 
Franklin Street to 26th Street; South on 26th 
Street to Evarts Street; West on Evarts Street to 
17th Street; North on 17th Street to Rhode Island 
Avenue; Northeast on Rhode Island Avenue to 
18th Street; North on 18th Street to Jackson 
Street; East on Jackson Street to 20th Street; 
North on 20th Street to Monroe Street; East oh 
Monroe Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 5D Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Florida 
Avenue and the southwest corner of the District 
Government property identified as Square 3584 
Lot 815; Southeast on Florida Avenue to Benning 
Road; East on Benning Road to the centerline of 
the Anacostia River; North along the centerline of 
the Anacostia River to its intersection with a line 
extending M Street from the west; , West along 
said line extending M Street 'to the easternmost 
extent of M Street along the southern property 
boundary of the National Arboretum; West along 
said southern property boundary of the National 
Arboretum to the intersection of Bladensburg 
Road and Mount Olivet Road; Northwest oh 
Mount Olivet Road to West Virginia Avenue; 
Northeast on West Virginia Avenue to the Mon- 
tana Avenue traffic circle; Clockwise around the 
Montana Avenue traffic circle to its first intersec- 
tion with. New York Avenue; Southwest on New 
York Avenue to its intersection with the northwest 
corner of the District Government property identi- 
fied as Square 3584 Lot 815; South along the 
western boundary of said Square 3584 Lot 815 to 
the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5D01 Boundaries 
All streets are in the northeast quadrant. Be- 
ginning at the intersection of Florida Avenue and 
the southwest corner of the District Government 
property identified as Square 3584 Lot 815; South- 
east on Florida Avenue to West Virginia Avenue; 
Northeast on West Virginia Avenue to the Mon- 
tana Avenue traffic circle; Clockwise around the 
Montana Avenue traffic circle to its western inter- 



section with New York Avenue; Southwest! on 
New York Avenue to its intersection with- the 
northwest corner of the District Government p'rop^ 
erty identified as Square 3584 Lot 815; 'South 
along the western boundary of said Square 3584 
Lot 815 to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 1 - 
Description of SMD 5D02 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of West Vir 1 
ginia Avenue and Mount Olivet Road; Southeast 
on Mount Olivet Road to Bladensburg Road; 
Southwest on Bladensburg Road to Meigs Place; 
Northwest on Meigs Place to 16th Street; South- 
west on 16th Street to Levis Street; Northwest Oh 
Levis Street to Holbrook Street; Northeast on 
Holbrook Street to Childress Street; Northwest 
on Childress Street to Trinidad Avenue;' South- 
west on Trinidad Avenue to Queen, Street; North- 
west oh Queen Street to West Virginia Avenue; 
Northeast on West Virginia Avenue to the point of 
beginning. ■' '■' ' ■ . ; 

[July 13, 2012/D.6. Law 19-157, § 2(a)] -1 ;; : ' 
Description of SMD 5D03 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Maryland 
Avenue and 21st Street; North on 21st Street to 
M Street along the southern property boundary of 
the National Arboretum; West along said southern 
property boundary of the National Arboretum; to 
the intersection of Bladensburg Road and Mount 
Olivet Road; Southwest on Bladensburg Road to 
Maryland Avenue; Northeast on Maryland Avenue 
to 17th Street; North on 17th Street to L Street; 
East on L Street to 19th Street; South on 19th 
Street to Maryland Avenue; Northeast on Mary T 
land Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] ■ 
Description of SMD 5D04 Boundaries 

All streets are located in the Northeast qua^ 
drant. Beginning at the intersection of 21st Street 
and M Street; East on M Street to ^ its end; 
Continuing east on' a line" extending M Street 'east 
to its intersection with the centerline of the ! Ana- 
costia River; South along said centerlihe off i the 
Anacostia River to Benning Road; West on Ben 1 
ning Road to 19th Street; North on 19th Street ito 
Bennett Place;- East on Bennett Place to 21st 
Street; North on 2lst Street to 1 the point of begin^ 
ning. ''''"'.. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5D05 Boundaries 
• All streets are located in the Northeast qua^ 
drant. Beginning at the intersection of Maryland 
Avenue and 21st Street; South on 21st Street to 
Bennett Place; West on Bennett Place to 19th 
Street; South on 19th Street to Benning Road; 
West on Benning Road to Bladensburg Road; 
Northeast on Bladensburg Road to Maryland Ave- 
nue; Northeast on Maryland Avenue to 17th 
Street; North on 17th Street to L Street; East oh 
L Street to 19th Street; South on 19th Street 'to 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Maryland Avenue; Northeast on Maryland Avenue 

to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5D06 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of West Vir- 
ginia Avenue and Oates Street; Southeast on 
Oates Street to Bladensburg Road; Southwest on 
Bladensburg Road to Florida Avenue; Northwest 
on Florida Avenue to West Virginia Avenue; 
Northeast on West Virginia Avenue to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5D07 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of West Vir- 
ginia Avenue and Queen Street; Southeast on 
Queen Street to Trinidad Avenue; Northeast on 
Trinidad Avenue to Childress Street; Southeast on 
Childress Street to Holbrook Street; Southwest on 
Holbrook Street to Levis Street; Southeast on 
Levis Street to 16th Street; Northeast on 16th 
Street to Meigs Place; Southeast on Meigs Place 
to Bladensburg Road; Southwest on Bladensburg 
Road to Oates Street; Northwest on Oates Street 
to West Virginia Avenue; Northeast on West Vir- 
ginia Avenue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of ANC 5E Boundaries 

Beginning at the intersection of Park Place, 
N.W. and Kenyon Street, N.W. ; East on Kenyon 
Street, N.W. to Irving Street, N.W.; East on 
Irving Street, N.W. to North Capitol Street; 
South on North Capitol Street to Michigan Ave- 
nue; Northeast on Michigan Avenue, N.E. to the 
centerline of the WMATA Metrorail tracks; South 
along said centerline of the WMATA Metrorail 
tracks to Rhode Island Avenue, N.W.; Southwest 
on Rhode Island Avenue to its intersection with 
the northwest corner of the CSX property identi- 
fied as Square 3605 Lot 837; South along the 
western boundary of said Square 3605 Lot 837 to 
its southernmost point at its intersection with the 
western boundary of the WMATA property identi- 
fied as Square 3605 Lot 814; South along the 
western boundary of said Square 3605 Lot 814 to 
its southernmost point at its intersection with New 
York Avenue, N.E.; Continuing south across New 
York Avenue N.E. to the northwest corner of the 
District Government property identified as Square 
3584 Lot 815; South along the western boundary 
of said Square 3584 Lot 815 to its southernmost 
point at its intersection with Florida Avenue, N.E.; 
Northwest on Florida Avenue, N.E. to New York 
Avenue, N.W.; Southwest on New York Avenue, 
N.W. to Kirby Street, N.W.; North on Kirby 
Street, N.W. to N Street, N.W.; West on N Street, 
N.W. to New Jersey Avenue, N.W.; Northwest on 
New Jersey Avenue, N.W. to Florida Avenue, 
N.W.; Southeast on Florida Avenue, N.W. to 
Rhode Island Avenue, N.W.; Northeast on Rhode 
Island Avenue, N.W. to 2nd Street, N.W.; North 
on 2nd Street, N.W. to Bryant Street, N.W.; East 
on Bryant Street, N.W. to 1st Street, N.W.; North 

39 



on 1st Street, N.W. to Michigan Avenue, N.W.; 
Northwest on Michigan Avenue, N.W. to Park 
Place, N.W.; North on Park Place, N.W. to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 5E01 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Franklin 
Street and Michigan Avenue; Northeast on Michi- 
gan Avenue to the centerline of the WMATA Me- 
trorail tracks; South along said centerline of the 
WMATA Metrorail tracks to Franklin Street; 
West on Franklin Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5E02 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Franklin 
Street and 6th Street; East on Franklin Street to 
the centerline of the WMATA Metrorail tracks; 
South along said centerline of the WMATA Metro- 
rail tracks to Rhode Island Avenue; Southwest on 
Rhode Island Avenue to 4th Street; North on 4th 
Street to Evarts Street; East on Evarts Street to 
6th Street; North on 6th Street to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 5E03 Boundaries 

All streets are in the northeast quadrant. Be- 
ginning at the intersection of Rhode Island Avenue 
and Summit Place; Northeast on Rhode Island 
Avenue to its intersection with the northwest cor- 
ner of the CSX property identified as Square 3605 
Lot 837; South along the western boundary of said 
Square 3605 Lot 837 to its southernmost point at 
its intersection with the western boundary of the 
WMATA property identified as Square 3605 Lot 
814; South along the western boundary of said 
Square 3605 Lot 814 to its southernmost point at 
its intersection with New York Avenue; Continu- 
ing south across New York Avenue to the north- 
west corner of the District Government property 
identified as Square 3584 Lot 815; South along the 
western boundary of said Square 3584 Lot 815 to 
its southernmost point at its intersection with 
Florida Avenue; Northwest on Florida Avenue to 
Eckington Place; North on Eckington Place to. R 
Street; East on R Street to 2nd Street; North on 
2nd Street to T Street; West on T Street to 
Summit Place; North on Summit Place to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 5E04 Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of North 
Capitol Street and Rhode Island Avenue; North- 
east on Rhode Island Avenue to Summit Place; 
South on Summit Place to T Street; East on T 
Street to 2nd Street; South on 2nd Street to R 
Street; West on R Street to Eckington Place; 
Southwest on Eckington Place to Florida Avenue; 
Southeast on Florida Avenue to New York Avenue; 
Southwest op New York Avenue to North Capitol 



§1-309.03 



D.C. OFFICIAL CODE 



Street; North on north Capitol Street to the' point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] ' 
Description of SMD 5E05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New Jer- 
sey Avenue and R Street; East on R Street to 4th 
Street; South on 4th Street to Q Street; East on 
Q Street to Florida Avenue; Southeast on Florida 
Avenue to North Capitol Street; South on North 
Capitol Street to New York Avenue; Southwest on 
New York Avenue to Kirby Street; North on 
Kirby Street to N Street; West Oh N Street to 
New Jersey Avenue; Northwest on New Jersey 
Avenue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5E06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 2nd Street 
and Rhode Island Avenue; South on 2nd Street to 
Randolph Place; East on Randolph Place to North 
Capitol Street; South on North Capitol Street to 
Florida Avenue; Northwest on North Capitol 
Street to Q Street; West on Q Street to 4th 
Street; North on 4th Street to R Street; West on 
R Street to New Jersey Avenue; Northwest on 
New Jersey Avenue to Florida Avenue; Southeast 
on Florida Avenue to Rhode Island Avenue; 
Northeast on Rhode Island Avenue to the point of 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5E07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 2nd Street 
and U Street; East on U Street to North Capitol 
Street; South on North Capitol Street to Ran- 
dolph Place; West on Randolph Place to 2nd 
Street; North on 2nd Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] , 
Description of SMD 5E08 Boundaries ,< 

All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 2nd Street 
and Adams Street; East on Adams Street to 
North Capitol Street; South on North Capitol 
Street to U Street; West on U Street to 2nd 
Street; North on 2nd Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5E09 Boundaries 

Beginning at the intersection of Park Place, 
N.W. and Kenyon Street, N.W. ; East on Kenyon 
Street, N.W. to Irving Street, N.W.; East on 
Irving Street, N.W. to North Capitol Street; 
South on North Capitol Street to Michigan Ave- 
nue; East on Michigan Avenue, N.E. to Franklin 
Street, N.E.; Southeast on Franklin Street, N.E. 
to Lincoln Road, N.E.; South on Lincoln Road to 
Rhode Island Avenue, N.E.; Southwest on Rhode 
Island Avenue, N.E. to North Capitol Street; 
North on North Capitol Street to Adams Street; 
West on Adams Street, N.W. to 2nd Street, N.W.; 



North on 2nd Street, N.W. to Bryant Street; N-W/j 
East on Bryant Street, N.W. to 1st Street, N;Ws; 
North on 1st Street NW to Michigan Avenue, 
N.W.; Northwest on Michigan Avenue, N.W. to 
Park Place, N.W.; North on Park Place, N.W.to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 5E10 Boundaries , 

; All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Lincoln 
Road and Franklin Street; East on Franklin 
Street to 6th Street; South on 6th Street to Evarts' 
Street; West on Evarts Street : to 4th Street; 
South on 4th Street to Rhode Island Avenue; 
Southwest on Rhode Island Avenue to : Lincoln 
Road; Northeast On Lincoln Road to the point- of 
beginning. !L " n ' : ' 

[July 13, 2012, jm Law 19-157, § 2(a)]" '''."■.' 
Description pfANC 6A Boundaries , 
... All streets are located in the Northeast quadrant 
unless otherwise designated. Beginning at the 
intersection of 8th Street and Florida Avenue; 
Southeast. on Florida Avenue to H Street; East on 
H Street to Benning Road; East on Benning Road 
to 19th Street; South on 19th Street to C Street; 
East on C Street to 22nd Street; South on 22nd 
Street to the northern portion of East Capitol 
Street; West on the northern portion of East 
Capitol Street to 19th Street; Continuing west on 
East Capitol Street to 13th Street; South on 13th 
Street, S.E. to the eastbound portion of East Capi- 
tol Street south of Lincoln Park; West along said 
eastbound portion of East Capitol Street to 11th 
Street; North on 11th Street, S.E. to East Capitol 
Street; West on East Capitol Street to 8th Street; 
North on 8th Street to H Street; West oh H 
Street to 7th Street; North on 7th to I Street; 
East on I Street to 8th Street; North on 8th 
Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] / 
Description SMD 6A01 Boundaries 
All streets are located in the Northeast qua-; 
drant. Beginning at the intersection of 8th Street 
and Florida Avenue; Southeast on Florida Avenue 
to 13th Street; South on 13th Street to H Street; 
West on H Street to 11th Street; South on 11th 
Street to G Street; West on G Street to 8thiStreet 
North on 8th Street to H Street; WesfAohH 
Street to 7th Street; North on 7th to L/Steeeti 
East on I Street to 8th Street; North ion: 1:8th 
Street to the point of beginning. ■■ i. S ' '('■; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ^ ' > 
Description of SMD 6A02 Boundaries ! ' 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 11th 
Street and H Street; East on H Street to 13th 
Street; South on 13th Street to E Street; West on 
E Street to Maryland Avenue; Southwest on Ma- 
ryland Avenue to 8th Street; North on 8th Street 
to G Street; East on G Street to 11th Street; 
North on 11th Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ; 

Description of SMD 6A03 Boundaries ; 



40 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Maryland 
Avenue and E Street; East on E Street to 10th 
Street; South on 10th Street to C Street; East on 
C Street to 12th Street; South on 12th Street to 
the westbound portion of East Capitol Street north 
of Lincoln Park; West on East Capitol Street to 
11th Street; South on 11th Street to East Capitol 
Street; West on East Capitol Street to 8th Street; 
North on 8th Street to Maryland Avenue; North- 
east on Maryland Avenue to the point of begin- 
ning. 

[July 13, 2012, B.C. Law 19-157, § 2(a)] 
Description of SMD 6A04 Boundaries 
All streets are located in the Northeast quadrant 
unless otherwise designated. Beginning at the 
intersection of C Street and 12th Street; East on 
C Street to 15th Street; South on 15th Street to 
East Capitol Street; West on East Capitol Street 
to 13th Street; South on 13th Street, S.E. to the 
eastbound portion of East Capitol Street south of 
Lincoln Park; West along said eastbound portion 
of East Capitol Street to 11th Street; North on 
11th Street, S.E. to the eastbound portion of East 
Capitol Street north of Lincoln Park; East on 
East Capitol Street to 12th Street; North on 12th 
Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] , 
Description of SMD 6A05 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 10th 
Street and E Street; East on E Street to 15th 
Street; South on 15th Street to C Street; West on 
C Street to 10th Street; North on 10th Street to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6A06 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 13th 
Street and Florida Avenue; Southeast on Florida 
Avenue to H Street; East on H Street to 15th 
Street; South on 15th Street to Gales Street; East 
on Gales Street to 16th Street; South on 16th 
Street to Isherwood Street; West on Isherwood 
Street to 15th Street; North on 15th Street to E 
Street; West on E Street to 13th Street; North on 
13th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6A07 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 15th 
Street and Benning Road; East on Benning Road 
to 19th Street; South on 19th Street to E Street; 
West on E Street to 18th Street; South on 18th to 
D Street; West on D Street to 16th Street; North 
on 16th Street to Gales Street; West on Gales 
Street to 15th Street; North on 15th Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD6A08 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 18th 

41 



Street and E Street; East on E Street to 19th 
Street; South on 19th Street to C Street; East on 
C Street to 22nd Street; South on 22nd Street to 
the northern portion of East Capitol Street; West 
on the northern portion of East Capitol Street to 
19th Street; Continuing west on East Capitol 
Street to 15th Street; North on 15th Street to 
Isherwood Street; East on Isherwood Street to 
16th Street; South on 16th Street to D Street; 
East on D Street to 18th Street; North on 18th 
Street to the point of beginning. 

[July 13, 2012, D.C, Law 19-157, § 2(a)] 
Description of ANC 6B Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of a line extending South Capitol 
Street north and a line extending East Capitol 
Street west; East on said line extending East 
Capitol Street, and continuing east on East Capitol 
Street to 11th Street; South on 11th Street to the 
eastbound portion of East Capitol Street south of 
Lincoln Park; East along said eastbound portion 
of East Capitol Street to 13 Street; North on 13th 
Street to East Capitol Street; East on East Capi- 
tol Street to 19th Street; South on 19th Street to 
its intersection with the property line of Congres- 
sional Cemetery; in an easterly direction along the 
property line of Congressional Cemetery to its 
easternmost point and continuing east on the same 
bearing to the centerline of the Anacostia River; 
Southwest along the centerline of the Anacostia 
River to Interstate 295; North on Interstate 295 
to 11th Street; North on 11th Street to M Street; 
West on M Street to 7th Street; North on 7th 
Street to the Southeast Expressway; Northwest 
on the Southeast Expressway to South Capitol 
Street; North on South Capitol Street to the point 
of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B01 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of a line extending South Capitol 
Street northward and a line extending East Capi- 
tol Street westward; East on said line extending 
East Capitol Street, and continuing east on East 
Capitol Street to 5th Street; South on 5th Street 
to A Street; West on A Street to 4th Street; 
South on 4th Street to North Carolina Avenue; 
Southwest on North Carolina Avenue to 3rd 
Street; South on 3rd Street to the Southeast 
Expressway; Northwest on the Southeast Ex- 
pressway to South Capitol Street; North on South 
Capitol Street and continuing north along a line 
extending South Capitol Street north to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B02 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at. the 
intersection of 5th Street and East Capitol Street; 
East on East Capitol Street to 9th Street. South 
on 9th Street to A Street; West on A Street to 8th 
Street; South on 8th Street to its first intersection 



§1-309.03 



D.C; OFFICIAL CODE 



with D Street; East on D Street to 9th Street; 
South on 9th Street to Pennsylvania Avenue; 
Northwest on Pennsylvania Avenue to its first 
intersection with D Street; West on D Street to 
7th Street; North on 7th Street to D Street; West 
oh D Street to 3rd Street; North on 3rd Street to 
North Carolina Avenue; Northeast on North Car- 
olina Avenue to 4th Street; North on 4th Street to 
A Street; East on A Street to 5th Street; North 
on 5th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B03 Boundaries^ 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of the 3rd Street and D Street East on 
D Street to 7th Street; South on 7th Street to D 
Street; East on D Street to 8th Street; South on 
8th Street to the Southeast Expressway; North- 
west on the Southeast Expressway to 3rd Street; 
North on 3rd Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B04 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning, at the 
intersection of 9th Street and South Carolina Ave- 
nue; Northeast on South Carolina Avenue to. llth 
Street; North on llth Street to C Street;. East on 
C Street to 12th Street; South on 12th Street to K 
Street; West on K Street to llth Street; South on 
llth Street to M Street; West on M Street to 7th 
Street; North on 7th Street the Southeast Ex- 
pressway; Southeast on the Southeast Express- 
way to 8th Street; North on 8th Street to its first 
intersection with D Street; East on D Street to 
Pennsylvania Avenue; Southeast on Pennsylvania 
Avenue to 9th Street; North on 9th Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B05 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of 9th Street and East Capitol Street; 
East on East Capitol to llth Street; South on llth 
Street to the eastbound portion of East Capitol 
Street south of Lincoln Park East along said east- 
bound portion of East Capitol Street to 13th 
Street; South on 13th Street to Independence 
Avenue; West on Independence Avenue to 12th 
Street; South on 12th Street to C Street; West on 
G Street to llth Street; South on llth Street to 
South Carolina Avenue; Southwest on South Car- 
olina Avenue to D Street; West on D Street to 8th 
Street; North on 8th Street to A Street; East on 
A Street to 9th Street; North on 9th Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B06 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of South Carolina Avenue and Ken- 
tucky Avenue; Southeast on Kentucky Avenue to 
C Street; East on C Street to 15th Street; South 
on 15th Street to Pennsylvania Avenue; Southeast 



on Pennsylvania Avenue to the centerline of the 
Anacostia River; Southwest on the Anacostia Riv- 
er to Interstate 295; North on Interstate 295 to 
llth Street; North on llth Street to the Southeast 
Freeway; East on Southeast Freeway to its inter- 
section with a line extending 14th Street from the 
north; North along said line extending 14th Street 
and continuing north on 14th Street to Potomac 
Avenue; Continuing north along a line extending 
14th Street north to Pennsylvania Avenue; North- 
west on Pennsylvania Avenue to 12th, Street; 
North on 12th Street to its intersection with the 
portion of C Street north of South Carolina Ave- 
nue; East on said portion of C Street to South 
Carolina Avenue; Northeast on South Carolina 
Avenue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] / ; ! ; 
Description of SMD 6B07 Boundaries 
: . All, streets are located in the Southeast quadrant 
unless otherwise designated; Beginning at the 
intersection of Pennsylvania Avenue and 12,th 
Street; Southeast on Pennsylvania Avenue, to its 
intersection with a line extending 14th Street from 
the south; South along said line extending, 14th 
Street and continuing south on 14th Street to its 
end at L Street; Continuing south along, a line 
extending 14th Street south to the Southeast Free- 
way; West on the Southeast Freeway to llth 
Street; North on llth Street to K Street; East on 
K Street to 12th Street; North on 12th Street to 
the point of beginning. ■ , H> 

[July 13, 2012, D.C. Law 19-157, § 2(a)] : : " • - : ' 
Description of SMD 6B08 Boundaries ' t ' 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning \at , the 
intersection of East Capitol Street and 13th gtreet; 
East on East Capitol Street to 15th Street;' South 
on 15th Street to Massachusetts Avenue; South- 
east on Massachusetts Avenue to 16th Street; 
South on 16th Street to C Street; West on C 
Street to Kentucky Avenue; Northwest on Ken- 
tucky Avenue to South Carolina Avenue; South- 
west on South Carolina Avenue to C Street;, West 
on C Street to 12th Street; North on 12th Street 
to Independence Avenue; East on, Independence 
Avenue to 13th Street; North on 13th Street to 
point of beginning. ,:i;„ -.;•.:■' 

[July 13, 2012, D.C. Law 19-157, § 2(a)] -, .i i-i 
Description of SMD 6B09 Boundaries ,mi i 
All streets are located in 1 the Southeast: quadrant 
unless otherwise designated. Beginning, a;t' the 
intersection of 16th Street and Massachusetts Ave- 
nue; Southeast on Massachusetts Avenue to 19th 
Street; South on 19th Street to its intersection 
with the property line of Congressional Cemetery; 
In an easterly direction along the property line of 
Congressional Cemetery to its easternmost point, 
and continuing east on the same bearing to the 
centerline of the Anacostia River, Southwest along 
the centerline of the Anacostia River to Pennsylva- 
nia Avenue Northwest on Pennsylvania Avenue to 
15th Street; North on 15th Street 1 to C Street; 
East on C Street to 16th Street; North on 16th 
Street to the point of beginning. . :,■: 



42 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6B10 Boundaries 

All streets are located in the Southeast quadrant 
unless othenvise designated. Beginning at the 
intersection of 15th Street and East Capitol Street: 
East on East Capitol Street to 19th Street; South 
on 19th Street to Massachusetts Avenue; North- 
west on Massachusetts Avenue to 15th Street; 
North on 15th Street to East Capitol Street to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 6C Boundaries 
Beginning at the intersection of New York Ave- 
nue, N.E. and Florida Avenue, N.E.; Southeast on 
Florida Avenue, N.E. to 8th Street, N.E.; South 
on 8th Street, N.E. to I Street, N.E.; West on I 
Street, N.E. to 7th Street, N.E.; South on 7th 
Street, N.E. to H Street, N.E.; East on H Street, 
N.E. to 8th Street, N.E.; South on 8th Street, 
N.E. to East Capitol Street; West on East Capitol 
Street to its end at 1st Street; Continuing west 
along a line extending East Capitol Street west to 
its intersection with a line extending South Capitol 
Street north; North along said line extending 
South Capitol Street north to its intersection with 
Constitution Avenue; West on Constitution Ave- 
nue, N.W. to the point where it crosses above the 
eastern boundary of Interstate 395; North along 
the eastern boundary of Interstate 395 to the point 
where it crosses below Massachusetts Avenue, 
N.W.; Southwest on Massachusetts Avenue, N.W. 
to North Capitol Street; North on North Capitol 
Street to New York Avenue, N.E.; Northeast on 
New York Avenue, N.E. to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C01 boundaries 
Beginning at the intersection of Constitution 
Avenue, N.E. and 8th Street, N.E.; South on 8th 
Street, N.E. to East Capitol Street; West on East 
Capitol Street to its end at 1st Street; Continuing 
west along a line extending East Capitol Street 
west to its intersection with a line extending South 
Capitol Street north; North along said line extend- 
ing South Capitol Street north to its intersection 
with Constitution Avenue; East along Constitution 
Avenue, N.E. to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C02 boundaries 
Beginning at the intersection of the eastern 
boundary of Interstate 395 and Massachusetts Av- 
enue, N.W.; Southeast on Massachusetts Avenue, 
N.W. to Massachusetts Avenue, N.E..; Southeast 
on Massachusetts Avenue, N.E. to Columbus Cir- 
cle, N.E.; Counter-clockwise around Columbus 
Circle, N.E. to F- Street, N.E.; East on F Street, 
N.E. to 2nd Street, N.E..; South on 2nd Street, 
N.E. to the alley between E Street, N.E. and F 
Street, N.E.; In an easterly direction along said 
alley between E Street, N.E. and F Street, N.E. to 
3rd Street, N.E..; South on 3rd Street, N.E. to E 
Street, N.E.; East on E Street, N.E. to 4th Street, 
N.E..; South on 4th Street, N.E. to Constitution 
Avenue, N.E.; West on Constitution Avenue, N.E. 

43 



to the eastern boundary of Interstate 395; North 
along the eastern boundary of Interstate 395 to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C03 boundaries 
. All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 6th Street 
and'F Street; East on F Street to 8th Street; 
South on 8th Street to Constitution Avenue; West 
on Constitution Avenue to 4th Street; North on 
4th Street to E Street; East on E Street to 6th 
Street; North on 6th Street to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C04 boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of North 
Capitol Street and H Street; East on H Street to 
2nd Street; North on 2nd Street to I Street; East 
on I Street to 3rd Street; South on 3rd Street to 
H Street; East on H Street to 5th Street; South 
on 5th Street to F Street; East on F Street to 6th 
Street; South on 6th Street to E Street; West on 
E Street to 3rd Street; North on 3rd Street to the 
alley between E Street and F Street; In a wester- 
ly direction along said alley between E Street and 
F Street to 2nd Street; North on 2nd Street to F 
Street; West on F Street to Columbus Circle; 
Clockwise around Columbus Circle to Massachu- 
setts Avenue; Northwest on Massachusetts Ave- 
nue to North Capitol Street; North on North 
Capitol Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C05 boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 3rd Street 
and K Street; East on K Street to 8th Street; 
South on 8th Street to I Street; West on I Street 
to 7th Street; South on 7th Street to H Street; 
East on H Street to 8th Street; South on 8th 
Street to F Street; West on F Street to 5th 
Street; North on 5th Street to H Street; West on 
H Street to 3rd Street; North on 3rd Street to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6C06 boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of New York 
Avenue and Florida Avenue; Southeast on Florida 
Avenue to 8th Street; South on 8th Street to K 
Street; West on K Street to 3rd Street; South on 
3rd Street to I Street; West on I Street to 2nd 
Street; South on 2nd Street to H Street; West on 
H Street to North Capitol Street; North on North 
Capitol Street to New York Avenue; Northeast on 
New York Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 6D Boundaries 
Beginning at the intersection of 14th Street, 
S.W. and Independence Avenue, S.W.; East on 
Independence Avenue, S.W. to South Capitol 
Street; South on South Capitol Street to the 



§ 1-309.03 



D.C: OFFICIAL CODE 



Southeast Freeway (spur to Interstate 295); Due 
southeast on the Southeast Freeway (spur to In- 
terstate 295) to 7th Street, S.E. ; South on 7th 
Street, S.E. to M Street, S.E.; East on M Street, 
S.E. to 11th Street, S.E.; South on 11th Street, 
S.E. to the centerline of the Anacostia River; 
Southwest along in the centerline of the Anacostia 
River and the projection of that centerline to the 
Virginia shoreline of the Potomac River; North 
along said Virginia shoreline of the Potomac River 
to 14th Street; North on 14th Street, S.W. to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6D01 Boundaries 
All streets are located in the Southwest qua- 
drant. Beginning at the intersection of 14th 
Street and Independence Avenue; East on Inde- 
pendence Avenue to 4th Street; South oh 4th 
Street to M Street; West on M Street to Maine 
Avenue; Northwest on Maine Avenue to 14th 
Street; North on 14th Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6D02 Boundaries 
Beginning at the intersection of Delaware Ave- 
nue, S.W- and M Street, S.W. . , Northeast on 
Delaware Avenue, S.W. to I Street, S.W.; West on 
I Street, S- W. to 3rd Street, S.W.; North on 3rd 
Street, S.W. to G Street; Continuing north along a 
line extending 3rd Street to its continuation at E 
Street, S.W. , and continuing north on 3rd Street 
to Independence Avenue, S.W.; East on Indepen- 
dence Avenue, S.W. to South Capitol Street; South 
on South Capitol Street to I Street, S.W.; East on 
I Street, S.E. to New Jersey Avenue, S.E.; South- 
east on New- Jersey Avenue, S.E. to K Street, 
S.E.; East on K Street, S.E. to 2nd Street, S.E.; 
South on 2nd Street, S.E. to L Street, S.E.; West 
on L Street, S.E. to 1st Street, S.E.; South on 1st 
Street, S.E. to Potomac Avenue, S.E.; Southwest 
on Potomac Avenue, S.E. to South Capitol Street; 
North on South Capitol Street to M Street; West 
on M Street, S.W. to the point of beginning.: - 
: [July 13, 2012, D.C. Law 19-157, § '2(a)]' 
Description of SMD 6D03 Boundaries f 
AH streets are located in the Southwest (Jua- 
drant. Beginning at the intersection of Indepen- 
dence Avenue and 4th Street; South on 4th Street 
to I Street; East on I Street to Wesley Place; 
South on Wesley Place to K Street; East on K 
Street to 3rd Street; South on 3rd Street to M 
Street; East on M Street to Delaware Avenue; 
Northeast On Delaware Avenue to I Street; West 
on I Street to 3rd Street; North on 3rd Street, 
S.W. to'G Street; Continuing north along a line 
extending 3rd Street to its continuation at E 
Street, and continuing north on 3rd Street to 
Independence Avenue; West on Independence Av- 
enue to the point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
■„ Description of SMD 6D04 Boundaries 
> All streets are located in the Southwest qua- 
drant. Beginning at the intersection of M Street 



and 4th Street; South on 4th Street to the '.; portion 
of O Street to its east; East on O Street to its. end, 
and continuing east along a line extending O Street 
to its continuation at 3rd Street; South on 3rd 
Street to P Street; West on P Street and continu- 
ing west along a line extending P Street to the 
Virginia shoreline of the Potomac River; North 
along said Virginia Shore of the Potomac River to 
14th Street; Northeast on 14th Street to Maine 
Avenue; Southeast on Maine Avenue to M Street; 
East on M Street to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] "' 
Description of SMD 6D05 Boundaries 
All streets are located in the Southwest qua- 
drant. Beginning at the intersection of LStreet 
and 4th Street; South on 4th Street to the portion 
of O Street to its east; East on Street to its end, 
and continuing east along a line extending O Street 
to its continuation at 3rd Street; South on 3rd 
■ Street to P Street; West on P Street and continu- 
ing west along a line extending P Street to the 
Virginia shoreline Of the Potomac River; South 
along said Virginia Shore of the Potomac River to 
its intersection with a line extending the center 
line of the Anacostia River; Northeast along said 
line extending the center line of the Anacostia 
River and continuing northeast along the center- 
line of the Anacostia River to South Capitol Street; 
Northwest on South Capitol Street to Potomac 
Avenue; Southwest on Potomac Avenue to R 
Street; West on R Street to 2nd Street; North on 
2nd Street to Canal Street; Northeast on Canal 
Street to Delaware Avenue; North on Delaware 
Avenue to M Street; West on M Street to 3rd 
Street; North on 3rd Street to K Street; West on 
K Street to Wesley Place; North on Wesley Place 
to I Street; West on I Street to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6D06 Boundaries 
All streets are located in the Southwest qua- 
drant. Beginning at the intersection of Delaware 
Avenue and M Street; East on M Street to South 
Capitol Street; South on South Capitol Street to 
■Potomac Avenue; Southwest on Potomac Avenue 
to R Street; West on R Street to 2nd Street; 
North on 2nd Street to Canal Street; Northeast 
on Canal Street to Delaware Avenue;; North on 
Delaware Avenue to the point of the beginning. 
.,,,. [July 13, 2012, D.C. Law 19-157, § 2(a)] .. , ; ; 
Description of SMD 6D07 Boundaries ■« i 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the South- 
east Freeway (spur to Interstate 295) and South 
' Capitol Street; South on South Capitol Street to I 
Street; East on I Street to New Jersey Avenue; 
Southeast on New Jersey Avenue to K Street; 
East on K Street to 2nd Street; South on 2nd 
Street to L Street; West on L Street to 1st Street; 
South on 1st Street to Potomac Avenue; South- 
west on Potomac Avenue to South Capitol Street; 
South on South Capitol Street to the center line of 
the Anacostia River; Northeast on the center line 
Of the Anacostia River to 11th Street; North'on 



;44 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



11th Street to M Street; West on M Street to 7th 
Street; North on 7th Street to the Southeast 
Freeway (spur to 1-295); Northwest on the South- 
east Freeway (spur to 1-295) to the point of the 
. beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 6E Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of T Street 
and Florida Avenue; Southeast on Florida Avenue 
to New Jersey Avenue; Southeast on New Jersey 
Avenue to N Street; East on N Street to Kirby 
Street; South on Kirby Street to New York Ave- 
nue; Northeast on New York Avenue to North 
Capitol Street; South on North Capitol Street to 
Massachusetts Avenue; Northwest on Massachu- 
setts Avenue to 7th Street; North on 7th Street to 
M Street; West on M Street to the alley running 
along the eastern side of the Washington Conven- 
tion Center; North on said alley to N Street; 
West on N Street to 9th Street; North on 9th 
Street to P Street; West on P Street to 11th 
Street; North on 11th Street to S Street; East on 
S Street to Wiltberger Street; North on Wiltber- 
ger Street to T Street; East on T Street to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6E01 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 11th 
Street and S Street; East on S Street to 7th 
Street; South on 7th Street to R Street; East on 
R Street to Marion Street; South on Marion 
Street to Q Street; West on Q Street to 7th 
Street; South on 7th Street to Street; West on 
Street to 9th Street; North on 9th Street to P 
Street; West on P Street to 11th Street; North on 
11th Street to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description SMD 6E02 Boundaries 
Beginning at the intersection of T Street and 
Florida Avenue; Southeast on Florida Avenue to 
New Jersey Avenue; Southeast on New Jersey 
Avenue to O Street; West on O Street to 7th 
Street; North on 7th Street to Q Street; East on 
Q ' Street to Marion Street; North on Marion 
Street to R Street; West on R Street to 7th 
Street; North on 7th Street to S Street; East on S 
Street to Wiltberger Street; North on Wiltberger 
Street to T Street; East on T Street to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6E03 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 9th Street 
and O Street; East on O Street to 5th Street; 
South on 5th Street to M Street; West on M 
Street to the alley running along the eastern side 
of the Washington Convention center; North on 
said alley to N Street; West on N Street to 9th 
Street; North on 9th Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

45 



Description of SMD 6E04 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of 5th Street 
and O Street; East on O Street to New Jersey 
Avenue; Southeast on New Jersey Avenue to N 
Street; East on N Street to Kirby Street; South 
on Kirby Street to New York Avenue; Southwest 
on New York Avenue to 7th Street; North on 7th 
Street to M Street; East on M Street to 5th 
Street; North on 5th Street to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6E05 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New York 
Avenue and 4th Street; South on 4th Street to 
Massachusetts Avenue; West on Massachusetts 
Avenue to 7th Street North on 7th Street to New 
York Avenue; Northeast on New York Avenue to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6E06 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New York 
Avenue and North Capitol Street; South on North 
Capitol Street to L Street; West on a line extend- 
ed west from L Street to 1st Street; North on 1st 
Street to New York Avenue; Northeast on New 
York Avenue to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 6E07 Boundaries 
All streets are located in the Northwest qua- 
drant. Beginning at the intersection of New York 
Avenue and 1st Street; South on 1st Street to a 
line extended west from L Street; East on said 
line extended west from L Street to North Capitol 
Street; South on North Capitol Street to Massa- 
chusetts Avenue; Northwest on Massachusetts Av- 
enue to 4th Street; North on 4th Street to New 
York Avenue; Northeast on New York Avenue to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 7B 

All streets located in the Southeast quadrant. 
Beginning at the intersection of the centerline of 
the Anacostia River and a line extended west from 
Croffut Place; East on said line extended from 
Croffut Place to Croffut Place; Continuing East on 
Croffut Place to Minnesota Avenue; Southwest on 
Minnesota Avenue to its southwestern intersection 
with Randle Circle; Counterclockwise around Ran- 
dle Circle to Ft. Dupont Drive; East on Ft. Du- 
pont Drive to Ft. Davis Drive; South on Ft. Davis 
Drive to Massachusetts Avenue; Southeast on 
Massachusetts Avenue to 42nd Street; South on 
42nd Street to Ft. Dupont Street; Southwest on 
Ft. Dupont Street to Q. Street; Northwest on Q 
Street to Ft. Davis Street; Southwest on Ft. Davis 
Street to R Street; Southeast on R Street to 40th 
Street; South on 40th Street to Pennsylvania Ave- 
nue; Southeast on Pennsylvania Avenue to South- 
ern Avenue; Southwest on Southern Avenue to 
Naylor Road; Northeast on Naylor Road to 25th 



§ 1-309.03 



D.C. OFFICIAL CODE 



Street; North on 25th Street to Minnesota Ave- 
nue; Southwest on Minnesota Avenue to Nicholson 
Street; Northwest on Nicholson Street to Anacos- 
tia Drive, S.E.; Continuing Northwest along a line 
connecting to the intersection of Pennsylvania Ave- 
nue and the centerline of the Anacostia River; 
Northeast along the centerline of the Anacostia 
River to the point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 7B01 Boundaries 

All streets are located in Southeast quadrant. 
Beginning at the intersection of the centerline of 
the Anacostia River and a line extended west from 
Croffut Place S.E.; East on said line extended 
from Croffut Place to Croffut Place; Continuing 
east along Croffut Place to Minnesota Avenue; 
Southwest on Minnesota Avenue to Nash Place; 
Northwest on Nash Place to Fairlawn Avenue; 
Continuing northwest along a line extending Nash 
Place to the centerline of the Anacostia River; 
Northeast along the centerline of the Anacostia 
River to the point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 7B02 Boundaries 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Pennsylva- 
nia Avenue and 28th Street; Southeast on Penn- 
sylvania Avenue to 30th Street; South on 30th 
Street extended across Ft. Circle Park to V Place; 
East on V Place to 31st Street; South on 31st 
Street to W Street; East on W Street m 32nd 
Place; South on 32nd Place to Alabama Avenue; 
Southwest on Alabama Avenue to Nayldr Road; 
North on Naylor Road to 27th Street; North- on 
27th Street to Q Street; East oh Q Street to < 28tH 
Street; North on 28th Street to the pointlof the' 
beginning. ■■■' 'vi'nV. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] "" ''' ' ;r,ti '' 

Description of SMD 7B03 Boundaries -•■, ,7 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the center- 
line of the Anacestia River and a line extending 
Nash Street to the northwest; Southeast along 
said line extending Nash Street to Nash Street; 
Continuing southeast on Nash Street to Minnesota 
Avenue; Northeast on Minnesota Avenue to M 
Street; Southeast on M Street to 30th Street; 
South on 30th Street to Pennsylvania Avenue; 
Northwest on Pennsylvania Avenue to 28th Street; 
South on 28th Street to Q Street; West on Q 
Street to 27th Street; South on 27th Street to 
Naylor Road; North on Naylor Road to 25th 
Street; North on 25th Street to Minnesota Ave- 
nue; Southwest on Minnesota Avenue to Nicholson 
Street; Northwest on Nicholson Street to Anacos- 
tia Drive; Continuing northwest along a line con- 
necting to the intersection of Pennsylvania Avenue 
and the centerline of the Anacostia River; North- 
east along the centerline of the Anacostia River to 
the point of the beginning. 

,■,.' [July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 7B04 Boundaries 



All streets are located in the Southeast qua^- 
drant. Beginning at the southwest intersection of 
Minnesota Avenue and Randle Circle; Counter- 
clockwise around Randle Circle to Massachusetts 
Avenue; Southeast on Massachusetts Avenue to • 
34th Street; South on 34th Street to M Street; 
West on M Street to Branch Avenue; South on 
Branch Avenue to Pope Street; . Southeast on Pope 
Street to Nash Place; West on Nash ' Place to 
Highwood Drive; Southeast on Highwood Drive to 
its second intersection '. with Carpenter Street; 
East on Carpenter Street to'; Texas' Avenue; 
Southwest on Texas Avenue to, Pennsylvania Ave- 
nue; Southeast oh Pennsylvania Avenue to Ala- 
bama Ave; Southwest on Alabam'a Avenue to 32n.d 
Place; North on 32nd Place to W Street; West on 
W Street to 31st Street; 'North on 31st Street to V 
Place; West oh V Place to 30th Street; North oil 
30th Street extended across Ft. Circle Park to M 
Street; Northwest on M Street to Minnesota Ave- 1 
nue; Northeast on Minnesota Avenue to the point 
of the beginning. 
' [July 13, 2012, D.C. Law 19-157, § 2(a)] ,' ■ , 

Description of SMD 7B05 Boundaries ■; 

All streets are located in the Southeast ■q'tfa-! 
drant. Beginning at the intersection of Alabama 
Avenue and Branch Avenue; South on: Branch 
Avenue to Denver Street; Southeast on .Ijenyer 
Street to Highview Terrace; Northeast oh High- 
view Terrace to 34th Street; Southeast 0n'3'4th 
Street to Southern Avenue; Southwest on South-; 
em Avenue to Naylor Road; Northwest oh Naylor 
Road to Alabama Avenue; Northeast on Alabama 
Avenue to the point of the beginning. } ' 

',', [July 13, 2012, D.C. Law 19-157, § 2(a)] ... ■,'' 
'; Description of SMD 7B06 Boundaries a 

nuAll ^streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and Pennsylvania Avenue; Southeast on 
Pennsylvania Avenue to Southern Avenue; South- 
west on Southern Avenue to 34th Street; North- 
weh oh 34th Street to Highview Terrace; South- 
west'- On;' Highview Terrace to Denver Street; 
Northwest on Denver Street to Branch Avenue,! 
North 1 oh Bi'ahch Avenue to Alabama Avenue] 
Northeast on'Alabania' Avenue to the point of ) the' 
beginning^' ;' ; ,.'/' ' . "'',' '/;.,[ 

[July 13, 20i2,p:6'. Law 19-157, ',§ 2(a)];' .|^!^ 
Description of SMD 7BQ7 Boundaries if j<v-rrt!-i 
All streets are located in the Southeast 1 ' >qua"4 
drant. Beginning at the southeast intersection' of 
Randle Circle and Massachusetts Avenue; 'Coun- 
ter- clockwise around Randle Circle to Ft. Dupont 
Drive; East on Ft. Dupont Drive to Ft. Davis 
Drive; South on Ft. Davis Drive to Massachusetts 
Avenue; Southeast on Massachusetts Avenue to' 
42nd Street; South on 42nd Street to Ft. Dupont 
Street; Southwest on Ft. Dupont Street to Q 
Street; Northwest on Q Street to Ft. Davis Street- 
Southwest on Ft. Davis Street to R Street; South- 
east on R Street to 40th Street; South on 40th 
Street to Pennsylvania Avenue; Northwest on 
Pennsylvania Avenue to Texas Avenue; Northeast 
on Texas Avenue to Carpenter Street; West Son 



46 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Carpenter Street to Highwood Drive; West on 
Highwood Drive to Nash Place; East on Nash 
Place to Pope Street; Northwest on Pope Street to 
Branch Avenue; North on Branch Avenue to M 
Street; East on M Street to 34th Street; North on 
34th Street to Massachusetts Avenue; Northwest 
on Massachusetts Avenue to the point of the begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 7C Boundaries 

All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Minnesota 
Avenue and Eastern Avenue; Southeast on East- 
ern Avenue to' Southern Avenue; Southwest on 
Southern Avenue to East Capitol Street; West on 
East Capitol Street to 47th Street; North on 47th 
Street to 47th Place; South on 47th Place to 
Edson Street; West on Edson Place to 45th 
Street; North on 45th Street to Foote Street; 
East on Foote Street to 46th Street; North on 
46th Street to Grant Street; West on Grant Street 
to 44th Street; North on 44th Street to Nannie 
Helen Burroughs Avenue; Southeast on Nannie 
Helen Burroughs Avenue to 46th Street: North on 
a line extending 46th Street to the north Continu- 
ing north on 46th Street to Jay Street; West on 
Jay Street to 44th Street; North on 44th Street to 
Sherriff Road; East on Sherriff Road to 45th 
Street; North on 45th Street to Meade Street; 
East on Meade Street to Minnesota Avenue; 
Northeast on Minnesota Avenue to the beginning 
point. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C01 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 48th 
Street and Jay Street; East on Jay Street to 51st 
Street; South on 51st Street to Hayes Street; 
East on Hayes Street to Division Avenue; South 
on Division Avenue to Cloud Place; West on Cloud 
Place to 51st Street; North on 51st Street to Fitch 
Place;' Northeast on Fitch Place to 49th Place; 
North on 49th Place to Nannie Helen Burroughs 
Avenue; West on Nannie Helen Burroughs Ave- 
nue to 49th Street; South on 49th Street to its 
intersection with the Watts Branch stream; West 
along the Watts Branch stream to its intersection 
with a line extending north from 48th Place; South 
along said line to Foote Street; West on Foote 
Street to 47th Place; South on 47th Place to 
Edson Place; West on Edson Place to 45th Street; 
North on 45th Street to Foote Street; East on 
Foote Street to 46th Street; North on 46th Street 
to Grant Street; West on Grant Street to 44th 
Street; North on 44th Street to Nannie Helen 
Burroughs Avenue; Southeast on Nannie Helen 
Burroughs Avenue to 48th Street; North on 48th 
Street to the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C02 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Division 
Avenue and the Watts Branch Stream; Southeast 
along the Watts Branch Stream to 55th Street; 

47 



South on 55th Street to Clay Place; East on Clay 
Place to 56th Street; South on 56th Street to 
Blaine Street East on Blaine Street to 57th Place; 
South on 57th Place to East Capitol Street; West 
on East Capitol Street to 50th Street; North on 
50th Street to Blaine Street; East on Blaine 
Street to Division Avenue; North on Division Ave- 
nue to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C03 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 49th 
Street and Nannie Helen Burroughs Avenue; East 
on Nannie Helen Burroughs Avenue to 49th Place; 
South on 49th Place to Fitch Place; East on Fitch 
Place to 51st Street; South on 51st Street to Cloud 
Place; East on Cloud Place to Division Avenue; 
South on Division Avenue to Blaine Street; West 
on Blaine Street to 50th Street; South on 50th 
Street to East Capitol Street; West on East Capi- 
tol Street to 47th Street; North on 47th Street to 
47th Place; North on 47th Place to Foote Street; 
East on Foote Street to 48th Place; North on 48th 
Place and continuing north on a line extending 
48th Place to the Watts Branch Stream; East 
along the Watts Branch Stream to 49th Street; 
North on 49th Street to the point of the beginning 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C04 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 44th 
Street and Sherriff Road; East on Sherriff Road 
to 51st Street; North on 51st Street to Lee Street; 
East on Lee Street to Eastern Avenue; Southeast 
on Eastern Avenue to Division Avenue; South on 
Division Avenue to Hayes Street; West on Hayes 
Street to 51st Street; North on 51st Street to Jay 
Street; West on Jay Street to 48th Street; South 
on 48th Street to Nannie Helen Burroughs Ave- 
nue; Northwest on Nannie Helen Burroughs Ave- 
nue to 46th Street; North on a line extending 46th 
Street to the north Continuing North on 46th 
Street to Jay Street; West on Jay Street to 44th 
Street; North on 44th Street to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C05 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 59th and 
Foote Street; East on Foote Street to Eastern 
Avenue; Southeast on Eastern Avenue to South- 
ern Avenue; Southwest on Southern Avenue to 
East Capitol Street; West on East Capitol Street 
to 57th Place; North on 57th Place to Blaine 
Street; West on Blaine Street to 56th Street; 
North on 56th Street to Clay Place; West on Clay 
Place to 55th Street; North on 55th Street to Eads 
Street; East on Eads Street to 59th Street; North 
on 59th Street to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7C06 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Division 



§ 1^309.03 



D.C. OFFICIAL COD© 



Avenue arid Eastern Avenue; Southeast on Easfc 
ern Avenue to Foote Street; West on Foote Street 
to 59th : Street; South on 59th Street to Eads 
Street; West on Eads Street to 55th Street; South 
on 55th Street to the Watts Branch Stream; 
Northwest along the Waits Branch Stream to Divi- 
sion Avenue; North on Division Avenue to the 
point of the beginning. 

[July 13, 2012, D:C. Law 19-157, § 2(a)] : , . 
Description on SMD 7C07 Boundaries 
All streets are located in. the Northeast qua- 
drant. Beginning at the intersection of Minnesota 
Avenue and Eastern Avenue; South on Eastern 
Avenue to Lee Street; West on Lee Street to 51st 
Street; South on 51st Street to Sheriff Road; 
West on Sheriff, to 45th Street; North on 45th 
Street to Meade Street; East on Meade Street to 
Minnesota Avenue; Northeast on Minnesota Ave- 
nue to the point of the beginning. 
- "[July 13, 2012, D.C. Law 19-157, § 2(a)] ' ; ; 
Description of for ANC 7D Boundaries , ' 
All streets are located in the Northeast quadrant 
except where otherwise designated.' Beginning at 
the intersection of the centerline of the Anacostia 
River and Eastern Avenue; Southeast on Eastern 
Avenue to Minnesota Avenue; Southwest on 
Minnesota Avenue to Meade Street; West on 
Meade Street to 45th Street; South on 45th Street 
to Sherriff Road; West on Sherriff Road to 44th 
Street; South on 44th Street to Jay Street; East 
oh Jay Street to 46th Street; South on 46th Street 
and continuing south along a line extending 46th 
Street to Nannie Helen Burroughs Avenue; 
Northwest on Nannie Helen Burroughs Avenue to 
44th Street; South on 44th Street to Grant Street; 
East on Grant Street to 46th Street; South on 
46th Street to Foote Street; West on Foote Street 
to 45th Street; South on 45th Street to Edson 
Place; East on Edson Place to 47th Place; North 
on 47th Place to 47th Street; South on 47th Street 
to East Capitol Street; West on East Capitol 
Street to 42nd Street; North on 42nd Street to 
Blaine Street; East on Blaine Street to Benning 
Road; Northwest on Benning Road to" 42hd Street; 
North on 42nd Street to Grant Street; West on 
Grant Street and continuing west along a line 
extending Grant Street to Kenilworth Avenue; 
Southwest on Kenilworth Avenue to East Capitol 
Street; West on East Capitol Street to Indepen- 
dence Avenue; Southwest on Independence Ave- 
nue to 19th Street; North on 19th Street to East 
Capitol Street; East on the northern spur of East 
Capitol Street to 22nd Street; North on 22nd 
Street to C Street; East on C Street to 19th 
Street; North on 19th Street to Benning Road; 
East on Benning Road to the centerline of the 
Anacostia River; North-northeast along the cen- 
terline of the Anacostia River to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description for SMD 7D01 Boundaries 
All streets are located in the Northeast quadrant 
except where otherwise designated. Beginning at 
the intersection of 19th Street and Benning Road; 



East on Benning Road to its intersection with the' 
centerline of the Anacostia River; South along the 
centerline of the Anacostia River to East Capitol 
Street; West on East Capitol Street to Indepen-' 
dence Avenue; Southwest on Independence Ave-! 
nue to 19th Street; North on 19th Street to East; 
Capitol Street; East on the northern spur of East 
Capitol Street to 22nd Street; North on 22nd 
Street to C Street; West on, C Street tq l?th 
Street; North on 19th Street, to the point, of the 
beginning. ' '". ' 

, [July 13, 2012, D.C. Law 19-157, § 2(a)] / ' 
Description for SMD 7D02 Boundaries 
All streets are located in the Northeast qua-' >■ 
drant. Beginning at the intersection of Anacostia' 
Avenue and Douglas Street; Southeast on Douglas 1 
Street to Kenilworth Avenue; Southwest on Kenil-i 
worth Avenue to Nannie Helen Burroughs Avenue;; 
Southeast on Nannie Helen Burroughs Avenue to 
Minnesota Avenue; Southwest on Minnesota Ave-: 
hue to its intersection with the southeastern exten- 
sion of the portion of Hayes Street north of KeniL. 
worth Avenue; Northwest along said line to Hayes 1 
Street Continuing Northwest along Hayes" 'Street 
to its intersection with the northwestern boundary- 
of census block 96.02.1002.; Northeast along said 
boundary to its intersection with the northwest 
boundary of census block 96.02.1001; Northeast; 
along said boundary to its intersection with the! 
northwest boundary of census block 96.02.1000; 
Northeast along said boundary to its intersection 
with Jay Street; Southeast on Jay Street to Kenil- 
worth Terrace; North on Kenilworth Terrace to 
Lee Street; Northwest on Lee Street to 40th 
Street; North on 40th Street to Anacostia Avenue; 
East on Anacostia Avenue to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] " ; / 
Description for SMD 7D03 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Eastern 
Avenue and the centerline of the Anacostia River;! 
Southeast on Eastern Avenue to Minnesota Ave- 
nue; Southwest on Minnesota Avenue to Meade 
Street; West on Meade Street to 45th" Street;. 
South on 45th Street to Sherriff Road? West on 
Sherriff Road to Minnesota Avenue; Southwest oh. 
Minnesota Avenue to Nannie Helen Burroughs* 
Avenue; Northwest on Nannie Helen Burroughs 
Avenue to Kenilworth Avenue; Northeast on Ken-! 
ilworth Avenue to Douglas Street; Northwest bh! 
Douglas Street to Anacostia Avenue; Southwest 
on Anacostia Avenue to 40th Street; South on 40th 
Street to Lee Street; Southeast on Lee Street to. 
Kenilworth Terrace; South on Kenilworth Terrace 
to the Watts Branch Stream; Northwest along the! 
Watts Branch Stream to the point where it meets 
the Anacostia River; Northeast along the center- 
line of the Anacostia River to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7D04 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Benning. 



48 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Road and the centerline of the Anacostia River; 
East on Benning Road to Kenilworth Avenue; 
Southwest on Kenilworth Avenue to East Capitol 
Street; West on East Capitol Street to the center- 
line of the Anacostia River; North along the cen- 
terline of the Anacostia River to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7D05 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of 44th 
Street and Grant Street; East on Grant Street to 
46th Street; South on 46th Street to Foote Street; 
West on Foote Street to 45th Street; South on 
45th Street to Edson Place; East on Edson Place 
to 47th Place; North on 47th Place to 47th Street; 
South on 47th Street to East Capitol Street; West 
on East Capitol Street to its intersections with a 
line extending 42nd Street south; North along said 
line to 42nd Street; Continuing north on 42nd 
Street to Blaine Street; East on Blaine Street to 
Benning Road; Southeast on Benning Road to 
44th Street; North on 44th Street to the point of 
the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7D06 Boundaries 
All streets are located in the Northeast qua- 
drant. Beginning at the intersection of Minnesota 
Avenue Sherriff Road; East on Sherriff Road to 
44th Street; South on 44th Street to Jay Street; 
East on Jay Street to 46th Street; South oil 46th 
Street to the point where it extends to Nannie 
Helen Burroughs Avenue; Northwest on Nannie 
Helen Burroughs Avenue to 44th Street; South on 
44th Street to Benning Road; Northwest on Ben- 
ning Road to 42nd Street; North on 42nd Street to 
Grant Street; West on Grant Street to Minnesota 
Ave; Continuing west along a line extending Grant 
Street west to Kenilworth; Northeast on Kenil- 
worth Avenue to Nannie Helen Burroughs Avenue; 
East on Nannie Helen Burroughs Avenue to 
Minnesota Avenue; Northeast on Minnesota Ave- 
nue to the point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7D07 Boundaries 
All streets are located in' the Northeast qua- 
drant. Beginning at the point where the Watts 
Branch Stream meets the Anacostia River; East 
along the Watts branch Stream to Kenilworth 
Terrace; South on Kenilworth Ten-ace to Jay 
Street; Northwest on Jay Street to its intersection 
with the northwest boundary of census block 
96.02.1000; Southwest along said boundary to its 
intersection with the northwest boundary of census 
block 96.02.1001; Southwest along said boundary 
to its intersection with the northwest boundary of 
census block 96.02.1002: Southwest along said 
boundary to its intersection with Hayes Street; 
Southeast on Hayes Street to Kenilworth Avenue; 
Southwest on Kenilworth Avenue to Benning 
Road; West on Benning Road to the centerline of 
the Anacostia River; North on the centerline of 
the Anacostia River to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 



Descriptions of ANC 7E Boundaries 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Texas 
Avenue and East Capitol Street; East on East 
Capitol Street to Southern Avenue; Southwest on 
Southern Avenue to Pennsylvania Avenue; North- 
west on Pennsylvania Avenue to 40th Street; 
Northeast on 40th Street to R Street; Northwest 
on R Street to Ft. Davis Street; Northeast on Ft. 
Davis Street to Q Street; Southeast on Q Street to 
Ft. Dupont Street; Northeast on Ft. Dupont 
Street to 42nd Street; North on 42nd Street to 
Massachusetts Avenue; Northwest on Massachu- 
setts Avenue to Ft. Davis Drive; North on Ft. 
Davis Drive to Ridge Road; Southeast on Ridge 
Road to G Street; East on G Street to Benning 
Road; Northwest on Benning Road to B Street; 
West on B Street to Texas Avenue; North on 
Texas Avenue to the point of the beginning.. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E01 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and G Street; South on Alabama Avenue 
to Hilltop Terrace; East on Hilltop Terrace to 
46th Street; South on 46th Street to H Street; 
East on H Street to Southern Avenue; Southwest 
on Southern Avenue to Reed Terrace; West on 
Reed Terrace to 45th Place; North on 45th Place 
to Hillside Road; West on Hillside Road to Burns 
Street; Continuing West on a line extending Hill- 
side Road to Ridge Road; Northwest on Ridge 
Road to G Street; East on G Street to the point of 
the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E02 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Ft. Davis 
Drive and Ridge Road; South on Ridge Road to 
its intersection with a line extending Hillside Road 
to the west; East on said line to Hillside Road; 
Continuing East on Hillside Road to 45th Place; 
South on 45th Place to Reed Terrace; East on 
Reed Terrace to Southern Avenue; Southwest on 
Southern Avenue to Pennsylvania Avenue; North- 
west on Pennsylvania Avenue to 40th Street; 
North on 40th Street to R Street; Northwest on R 
Street to Ft. Davis Street; Northeast on Ft. Davis 
Street to Q Street; Southeast on Q Street to Ft. 
Dupont Street; Northeast on Ft. Dupont Street to 
42nd Street; North on 42nd Street to Massachu- 
setts Avenue; Northwest on Massachusetts Ave- 
nue to Ft. Davis Drive; North on Ft. Davis Drive 
to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E03 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 51st and E 
Street; East on E Street to Southern Avenue; 
Southwest on Southern Avenue to H Street, West 
on H Street to 46th Street; North on 46th Street 
to Hilltop Terrace; West on Hilltop Terrace to 
Alabama Avenue; North on Alabama Avenue to G 



49 



§ 1-309.03 



d.c. official 'msm 



Street; East on G Street to 51st Street; North on 
51st Street to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E04 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Texas 
Avenue and East Capitol Street; East on East 
Capitol Street to 49th Street; South on 49th Street 
to Street Louis Street; South on Street Louis 
Street extended to Queens Stroll Place; East on 
Queens Stroll Place to 51st Street; South on 51st 
Street to G Street; West on G Street to Benning 
Road; Northwest on Benning Road to B Street; 
West on B Street to Texas Avenue; North on 
Texas Avenue to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E05 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 49th 
Street and East Capitol Street; East on east 
Capitol Street to Central Avenue; Southeast on 
Central Avenue to 51st Street; South on 51st 
Street to C Street; East on C Street to 53rd 
Street; South on 53rd Street to E Street; Weston 
E Street to 51st Street; North on 51st Street to 
Queens Stroll Place; West on Queens Stroll Place 
to Street Louis Street: Northeast on Street Louis 
Street extended to 49th Street; North on 49th 
Street to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7E06 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 51st Street 
and Central Avenue; Southeast on Central Avenue 
to Southern Avenue; Southwest on Southern Ave- 
nue to E Street; West on E Street to 53rd Street; 
North on 53rd Street to C Street; West on C 
Street to 51st Street; North on 51st Street to the 
point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ., 
Description of SMD 7E07 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Central 
Avenue and East Capitol Street; East on East 
Capitol Street to Southern Avenue; Southwest on 
Southern Avenue to Central Avenue; Northwest 
oil Central Avenue to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 7F Boundaries 
Beginning at the intersection of Kenilworth Ave- 
nue, N.E. and a line extended west from Grant 
Street, N.E.; East on said line to Grant Street, N. 
E.; Continuing East on Grant Street, N.E. to 42nd 
Street, N.E.; South on 42nd Street to Benning 
Road, N.E.; Southeast on Benning Road, N.E. to 
Blaine Street, N.E.; West on Blaine Street, N.E. 
to 42nd Street, N.E.; South on 42nd Street, N.E. 
to East Capitol Street; East on East Capitol 
Street to Texas Avenue, S.E.; South on Texas 
Avenue, S.E. to B Street, S.E.; East on B Street, 
S.E. to Benning Road, S.E.; South on Benning 
Road, S.E. to G Street, S.E.; West on G Street, 



S.E. to Ridge Road, S.E.; North on Ridge Road, 
S.E. to Ft. Davis Drive, S.E.; Southwest on ■El 
Davis Drive, S.E. to Ft. Dupont Drive, S.E;f We'st ' 
on Ft. Dupont Drive, S.E. to Randle Circle, S'Mlj 
Clockwise around Randle Circle, S.E. to Minnesota 
. Avenue, S.E. ; Northeast on Minnesota Avenue*, 
S.E. to Croffut Place, S.E.; West on Croffut Place 1 , 
S.E. extended to its intersection with the center- 
line of the Anacostia River; Southwest along the 
centerline of the Anacostia River to its intersection 
with a line extending east from the northern prop 7 
erty line of the eastern portion of Congressional 
Cemetery; West along said line, and continuing in 
a westerly direction along said boundary of the 
Congressional Cemetery to its intersection with 
19th Street, S.E.; North on 19th Street to Inde- 
pendence Avenue, S.E;; East on Independence 
Avenue, S-E. to East Capitol Street, S.E.; East on 
East Capitol Street, S.E. to Kenilworth Avenue, 
N.E.; Northeast on Kenilworth Avenue, N;E. to 
the point of the beginning. i 

1 [July 13, 2012, D.C. Law 19-157, § 2(a)] -f -'; < 
Description of SMD 7F01 Boundaries , V 
Beginning at the intersection of Kenilworth Ave- 
nue, N.E. and a line extended west from- Grant 
Street, N.E.; East on said line to Grant Street N. 
E.; Continuing east on Grant Street, N.E^ toS2nd 
Street, N.E.; South on 42nd Street, N.E; to'Beh- 
ning Road, N.E.; Southeast on Benning; 'Road, 
N.E. to Blaine Street, N.E.; West on Blaine 
Street, N.E. to 42nd Street, N.E.; South on 42nd 
Street, N.E. to East Capitol Street; West- on East 
Capitol Street to Minnesota Avenue, N.E.; North- 
east on Minnesota Avenue, N.E. to Blaine Street, 
N.E.; Northwest on Blaine Street, N.E. to 35th 
Street, N.E.; Continuing Northwest along a line 
extending Blaine Street to Kenilworth Avenue, 
N.E.; Northeast on Kenilworth Avenue, N.E. -to 
the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7F02 Boundaries 

All streets are located in Southeast cjuadrant. 
Beginning at the intersection of East Capitol 
Street and Texas Avenue; South on Texas Avenue 
to E Street; East on E Street to Alabama Avenue; 
South on Alabama Avenue to G Street; JVeit'Bn G 
Street to Ridge Road; Northeast on Ridge- 'Rdiid 
to E Street; East on E Street to '40th'''Pfii;e; 
North on 40th Place to Burns Street; Cdritimiihjg 
north oh Burns Street to C Street; Wes't^dn C 
Street to' Bums Place; Northwest on Burns' Plaice 
to Bums Court; Continuing northwest along a line 
extending Burns Place to B Street; Northeast on 
B Street to East Capitol Street'; East on Eas^t 
Capitol Street to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD7F03 Boundaries 
All streets are located in Southeast quadrant, 
Beginning at the intersection of B Street and 
Texas Avenue; East on B Street to Benning Road; 
South on Benning Road to G Street;, West on G 
Street to Alabama Avenue; North on Alabama 
Avenue to E Street; West on E Street to; Texas 

50 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Avenue; North on Texas Avenue to the point of 

the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7F04 Boundaries 

All streets are located in Southeast quadrant. 
Beginning at the intersection of Minnesota Avenue 
and B Street; East on B Street to Ridge Road; 
Southeast on Ridge Road to 37th Street; South- 
west on 37th Street to Ely Place East on Ely Place 
to Ridge Road; South on Ridge Road to Ft. Davis 
Drive; South on Ft. Davis to Ft. Dupont Drive; 
West on Ft. Dupont Drive to Randle Circle; 
Clockwise around Randle Circle to Minnesota Ave- 
nue; Northeast on Minnesota Avenue to the point 
of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 7F05 Boundaries 

All streets are located in Southeast quadrant. 
Beginning at the intersection of East Capitol 
Street and Ridge Road; East on East Capitol 
Street to B Street; Southwest on B Street to its 
intersection with a line extending Burns Place to 
the northwest; Southeast on said line to Burns 
Place; Continuing southeast along Burns Place to 
C Street; East on C Street to Burns Street; 
South on Burns Street to 40th Place; South on 
40th Place to E Street; West on E Street to Ely 
Place; West on Ely Place to 37th Street; North on 
37th Street to Ridge Road; Northwest on Ridge 
Road to the point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 7F06 Boundaries 
Beginning at the intersection of the centerline of 
the Anacostia River and East Capitol Street; East 
on East Capitol Street to Kenilworth Avenue, 
N.E.; Northeast on Kenilworth Avenue, N.E. to 
its intersection with a line extending Blaine Street 
to the northwest; Southeast on said line to Blaine 
Street, N.E.; Continuing southeast on Blaine 
Street, N.E. to Minnesota Avenue, N.E.; South- 
west on Minnesota Avenue, N.E. to Ridge Road 
S.E.; Southeast on Ridge Road, S.E. to B Street, 
S.E.; West on B Street, S.E. to Minnesota Ave- 
nue, S.E.; Southwest on Minnesota Avenue, S.F. 
to Croffut Place, S.E.; West on Croffut Place, S.E. 
extended west to its intersection with the center- 
line of the Anacostia River; North along the cen- 
terline of the Anacostia River to point of the 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 7F07 Boundaries 
Beginning at the intersection of 19th Street, S.E. 
and Independence, Avenue S.E.; East on Indepen- 
dence Avenue, S.E. to East Capitol Street, S.E.; 
East on East Capitol Street, S.E. to the centerline 
of the Anacostia River; Southwest along the cen- 
terline of the Anacostia River to its intersection 
with a line extending East from the northern 
property line of the eastern portion of Congres- 
sional Cemetery; West along said line, and con- 
tinuing in a westerly direction along said boundary 
of the Congressional Cemetery to its intersection 

51 



with 19th Street, S.E.; North on 19th Street, S.E. 
to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 8A Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of the center line of the Anacostia 
River and Pennsylvania Avenue; Southeasterly 
along a line extending to the intersection of Nichol- 
son Street and Anacostia' Drive; Southeast on 
Nicholson Street to Minnesota Avenue; ' Northeast- 
erly on Minnesota Avenue to 25th Street; South 
on 25th Street to Naylor Road; Continuing South 
on Naylor Road to Altamont Place; Southwest on 
Altamont Place to Good Hope Road; Northwest on 
Good Hope Road to 22nd Street; Southwest from 
said intersection across Fort Stanton Park to the 
intersection of 17th Street and Morris Road; West 
on Morris Road to Pomeroy Road; Southwest on 
Pomeroy Road to Stanton Road; North on Stanton 
Road to Douglass Road; West on Douglass Road 
to Stanton Road; West on Stanton Road to Sheri- 
dan Road; North on Sheridan Road to Howard 
Road; Northwest on Howard Street to South Cap- 
itol Street; Continuing northwest on South Capitol 
Street to its intersection with the centerline of the 
Anacostia River; Northeast along said centerline 
of the Anacostia River to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8A01 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the center 
line of the Anacostia River and Pennsylvania Ave- 
nue; Southeasterly along a line extending to the 
intersection of Nicholson Street and Anacostia 
Drive; Southeast on Nicholson Street to Minneso- 
ta Ave; Northeast on Minnesota Avenue to 25th 
Street; South on 25th Street to Q Street; West on 
Q Street to 22nd Street; South on 22nd Street to 
R Street; West on R Street to 18th Street; North 
on 18th Street to Q Street; West on Q Street to 
16th Street; North on 16th Street and continuing 
north along a line extending 16th Street to its 
intersection with the centerline of the Anacostia 
River; Northeast along the centerline of the Ana- 
costia River to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8A02 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 16th 
Street and Q Street; East on Q Street to 18th 
Street; South on 18th Street to R Street; East on 
R Street to 19th Street; South on 19th Street to S 
Street; East on S Street to 22nd Street; South on 
22nd Street and continuing south along a line 
extending 22nd Street to Retta Gilliam Court; 
South along the western portion of Retta Gilliam 
Court to T Place; Southeast on T Place to its 
intersection with the western boundary of Census 
Block 76.05 2002; Southwest along said western 
boundary of Census Block 76.05 2002 to Good 
Hope Road; West on Good Hope Road to 16th 
Street; North on 16th Street to Ridge Place; 
West on Ridge Place to 13th Street; North on 



§1-309,03 



D.G: OFFICIAL CODE 



13th Street to the eastern span of the 11th Street 
Bridge; Continuing north on said eastern span of 
the 11th Street Bridge to its intersection with the 
centerline of the Anacostia River; Northeast along 
the centerline of the Anacostia River to its inter- 
section with a line extending 16th Street from the 
South; South along said line extending 16th Street 
to' 16th Street; Continuing south on 16th Street to 
the point of beginning. 

[July 13, 2012, D.C, Law 19-157, § 2(a)] " ' 
Description of SMD 8A03 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 19th 
Street and R Street; East On R Street to 22nd 
Street; North on 22nd Street to Q Street; East on 
Q Street to 25th Street; South on 25th Street to 
Naylor Road; Continuing south on Naylor Road to 
Altamont Place; Southwest on Altamont Place to 
Good Hope Road; Northwest on Good Hope Road 
to its intersection with the western boundary of 
Census Block 76.05 2002; Northeast along said 
western boundary of Census Block 76.05 2002 to T 
Place; West on T Place to Retta Gilliam Court; 
North along the western portion of Retta Gilliam 
Court to its intersection with a line extending 22rid 
Street from the north; North along said line ex- 
tending 22nd Street to 22nd Street; continuing 
north on 22nd Street to S Street; West on S 
Street to 19th Street; North on 19th Street to the 
point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8A04 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 19th Place 
and Good Hope Road; East on Good Hope Road to 
22nd Street; Southwest from that intersection 
along a line connecting to the intersection of 17th 
Street and Morris Road; West on Morris Road to 
Bryan Place; North on Bryan Place to Bangor 
Street; East on Bangor S.E. to 16th Street; North 
on 16th Street to Butler Street; Northwest on 
Butler Street to the southwest corner of Census 
Block 75.03 2001; Clockwise around the boundary 
of said Census Block to 16th Street; North on 16th 
Street to W Street; East on W Street to its 
intersection with a line extending 18th Street from 
the north; North along said line to 18th Street; 
Continuing North on 18th Street to U Street; 
East on U Street to 19th Place; North on 19th 
Place to the point of beginning. 
' [July 13, 2012, D.C. Law 19-157, § 2(a)] 
. ... ■ Description of SMD 8A05 Boundaries 
' All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 14th 
Street and Ridge Place; East on Ridge Place to 16 
Street; South on 16th Street to Good Hope Road; 
East on Good Hope Road to 19th Place; South on 
19th Place to U Street; West on U Street to 18th 
Street; South on 18th Street and continuing south 
on a line extending 18th Street to W Street; 
Northwest on W Street to 16th Street; South on 
16th Street to its intersection with Census Block 
75.03 2001; Counterclockwise around the boundary 
of said Census Block to Butler Street; Southeast 



on Butler Street to 16th Street; South on 16th 
Street to Bangor Street; West on Bangor Street 
to Bryan Place; South on Bryan Place to Morris 
Road; Northwest on Morris Road to Bangor 
Street; Northeast on Bangor Street to the alley 
behind the properties along the east side of High 
Street; Continuing northeast along said alley to 
Cedar Street; Northwest on Cedar Street to 14th 
Street; North on 14th Street to the point of begin- 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] ' ' ' ' 
Description of SMD 8A06 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the east- 
ern span of the 11th Street Bridge and the center- 
line of the Anacostia River; South along said 
eastern span of the 11th Street Bridge to 13th 
Street; Continuing south-on 13th Street to Ridge 
Place; East on Ridge Place {o. 14th Street; South 
on 14th Street to Cedar Street; Southeast on 
Cedar Street, to the alley behind the properties 
along the east side of High Street; ■ Southwest 
along said alley to Bangor Street; Southwest On 
Bangor Street to Morris Road; Northwest on 
Morris Road to High Street; Southwest on High 
Street to Howard Road; Northwest on Howard 
Road to Bowen Road; Southwest on Bowen Road 
to Howard Road; Northwest on Howard Road to 
South Capitol Street; Northwest on South Capitol 
Street to its intersection with the centerline of the 
Anacostia River; Northeast along the centerline of 
the Anacostia River to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8A07 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Howard 
Road and Sheridan Road; Southeast on Howard 
Road to Bowen Road; Northeast on Bowen Road 
to Howard Road; Southeast on Howard Road to 
High Street; Northeast on High Street to Morris 
Road; Southeast on Morris Road to Pomeroy 
Road; Southwest on Pomeroy Road to Stanton 
Road; North on Stanton Road to Douglass Road; 
Northwest on Douglas Road to Stanton Road; 
West on Stanton Road to Sheridan Road; North 
oh Sheridan Road to the point of the beginning. 
, [July 13, 2012, D.C. Law 19-157, § 2(a)] . ,^ ; '.^ 
., Description of ANC SB Boundaries , . ... ..,, ; m 

■.[■All streets are located in the Southeast! ^qua- 
drant. Beginning at the intersection of Altainont 
Place and Naylor Road; South on Naylor Road to 
Southern Avenue; Southwest on Southern Avenue 
to its intersection with Oxon Run; West along 
Oxon Run to its intersection with a line extending 
south from the western boundary of Census Block 
,73.04 1002; North along said line to the western 
boundary of Census Block 73.04 1002;Contmuing 
north along the western boundary of Census Block 
73.04 1002 to Savannah Street; East. on Savannah 
Street to 23rd Street; North on 23rd Street to 
Alabama Avenue; East on Alabama Avenue to 
Suitland Parkway; Northwest on Suitland Park- 
way to its intersection with a line extending Pom- 
eroy Road to the west; East along. said line to 



52 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Pomeroy Road; Continuing east on Pomeroy Road 
to Morris Road; Southeast on Morris Road to 17th 
Street; Northeast from said intersection across 
Fort Stanton Park to the intersection of Good 
Hope Road and 22nd Street; Southeast on Good 
Hope Road to Altamont Place; North on Altamont 
Place to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B01 Boundaries 
All streets located in the Southeast quadrant. 
Beginning at the intersection of Altamont Place 
and Naylor Road; South on Naylor Road to Good 
Hope Road; Northeast on Good Hope Road to 
24th Street; Southwest on 24th Street to Wagner 
Street; Southeast on Wagner Street to 25th 
Street; South on 25th Street to Ainger Place; 
Northwest on Ainger Place to Bruce Place; South- 
west on Bruce Place to Fort Place; Northwest on 
Fort Place to Erie Street; West on Brie Street to 
17th Street; Northeast from said intersection of 
Erie Street and 17th Street along a line connecting 
to the intersection of 22nd Street and Good Hope 
Road; Southeast on Good Hope Road to Altamont 
Place; Northeast on Altamont Place to the point of 
the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B02 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Good Hope 
Road and Naylor Road; South on Naylor Road to 
Gainesville Street; West on Gainesville Street to 
Knox Place; Southwest on Knox Place to Hartford 
Street; West on Hartford Street to Langston 
Place; North on Langston Place to Ainger Place; 
Southeast on Ainger Place to Alabama Avenue; 
North on Alabama Avenue to 25th Street; Con- 
tinuing north on 25th Street to Wagner Street; 
Northwest on Wagner Street to 24th Street; 
Northeast on 24th Street to Good Hope Road; 
South on Good Hope Road to the point of the 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B03 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning on the intersection of Bruce 
Place and Ainger Place; Southeast on Ainger 
Place to Langston Place; South on Langston Place 
to Hartford Street; East on Hartford Street to 
Knox Place; Northeast on Knox Place to Alabama 
Avenue; South on Alabama Avenue to Jasper 
Street; Southeast on Jasper Street to its intersec- 
tion with the northwest corner of Census Block 
74.08 1012; Counterclockwise around the boundary 
of said Census Block to Shipley Terrace; East on 
Shipley Terrace to Buena Vista Terrace; North- 
east on Buena Vista Terrace to 30th Street; 
Southeast on 30th Street to the District of Colum- 
bia — State of Maryland boundary; Southwest 
along the District of Columbia — State of Maryland 
boundary to Suitland Parkway; Northwest on 
Suitland Parkway to its intersection with the 
southwest corner of Census Block 74.07 1000; 
North along the western boundary of said Census 
Block to its intersection with a line extending 

53 



Gainesville Street from the west; West along said 
line extending Gainesville Street to Gainesville 
Street; Continuing west, on Gainesville Street to 
its intersection with a line extending 17th Street 
from the north; North along said line extending 
17th Street to 17th Street; Continuing, north on 
17th Street to Erie Street; East on Erie Street to 
Fort Place; Southeast on Fort Place to Bruce 
Place; Northeast on Bruce Place to point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B04 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Morris 
Road and 17th Street; South on 17th Street and 
continuing south on a line extending 17th Street to 
Gainesville Street; East on Gainesville Street and 
continuing east on a line extending Gainesville 
Street to its intersection with Census Block 74.07 
1000; South along the boundary of said Census 
Block to Suitland Parkway; West on Suitland 
Parkway to its intersection with a line extending 
Pomeroy Road from the west; East on said line 
extending Pomeroy Road to Pomeroy Road; Con- 
tinuing east on Pomeroy Road to Morris Road; 
East on Morris Road to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B05 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and Gainesville Street; East on Gainesville 
Street to Naylor Road; Southeast on Naylor Road 
to the District of Columbia — State of Maryland 
boundary; Southwest along the District of Colum- 
bia — State of Maryland boundary to 30th Street; 
Northwest on 30th Street to Buena Vista Terrace; 
Southwest on Buena Vista Terrace to Shipley Ter- 
race; West on Shipley Terrace to its intersection 
with the southern corner of Census Block 74.08 
1012; Clockwise around the boundary of said Cen- 
sus Block to Jasper Street;. Northwest on Jasper 
Street to Alabama Avenue; North on Alabama 
Avenue to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B06 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and Suitland Parkway; Southeast on Suit- 
land Parkway to the District of Columbia — State of 
Maryland boundary; Southwest along the District 
of Columbia — State of Maryland boundary to Oxon 
Run; West on Oxon Run to its intersection with a 
line extending 21st Street from the north; North 
along said line extending 21st Street to 21st 
Street; Continuing north on 21st Street to Savan- 
nah Street; East on Savannah Street to 23rd 
Street; Northwest on 23rd Street to Alabama 
Avenue; East on Alabama Avenue to the point of 
the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8B07 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 21st Street 



§ 1-309.03 



D.c. official' <3<ode; 



arid Savannah Street; South on 21st Street to 
Mississippi Avenue; Continuing south along a line 
extending 21st Street south to Oxon Run; West on 
Oxon Run to its intersection with a line extending 
south from the eastern boundary of Census Block 
73.04 1003; North along said line extending Cen- 
sus Block 73.04 1003 and continuing north along 
the eastern boundary of said Census Block to 
Savannah Street; East on Savannah Street to the 
point of the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 8C Boundaries 
Beginning at the intersection of the center line 
of the Anacostia River and South Capitol Street; 
South on South Capitol Street to Howard Road; 
Continuing south on Howard Road to Sheridan 
Road; South on Sheridan Road to Stanton Road; 
East on Stanton Road, S.E. to Douglass Road 
S.E.; Southeasterly on Douglass Road, S.E. to 
Stanton Road, S.E.; South on Stanton Road b S.E. 
to Pomeroy Road, S.E.; Southwest on Pomeroy 
Road, S.E. to Sheridan Road, S.F.; West oh a line 
extending Pomeroy Road, S.E. west to its intersec- 
tion with Suitland Parkway; Southeast on Suitland 
Parkway to its intersection with the southern 1 
boundary of Census Block 74.01 2001; Southwest 
along said southern boundary of Census Block 
74.01 2001 to its intersection with the eastern 
property boundary of St. Elizabeth's Hospital East 
Campus; Southeast along said property boundary 
to the southern property boundary of St. Eliza- 
beth's Hospital East Campus; Southwest along 
said property boundary to its intersection with 
Alabama Avenue, S.E.; Southwest On Alabama 
Avenue, S.E. to 11th Place, S.E.; South on 11th 
Place, S.E. to Trenton Place S.E.; East on Tren- 
ton Place S.E. to 13th Street, S.E.; South on 13th 
Street, S.E. to Mississippi Avenue, S.E.; West on 
Mississippi Avenue, S.E. to Wheeler Road, S.E.; 
South on Wheeler Road S.E. to its intersection 
with Oxon Run; West along Oxon Run to its 
intersection with 4th Street, S.E.; South on 4th 
Street, S.E. to Atlantic Street, S.E.; West on 
Atlantic Street, S.E. to South Capitol Street; 
North on South Capitol Street to Xenia Street, 
S.W.; Northwest on Xenia Street, S. W. to 2nd 
Street, S.W.; South on 2nd Street, S.W. to Atlantic 
Street, S.W.; West on a line extending Atlantic 
Street, S.W. west to its intersection with the cen- 
ter-line of the southbound lanes of Interstate 295; 
North along said centerline of Interstate 295 to its 
intersection with a line extending Rice Street, S.W. 
to the east; West along said line to Rice Street, 
S.W.; Continuing west on Rice Street, S.W. to' 
Duncan Avenue, S.W.; North on Duncan Avenue 
S.W. to McChord Street, S.W.; West on McChord| 
Street, S.W. to Chappie James Boulevard* S.W.; 
South on Chappie James Boulevard to Tinker; 
Street, S.W.; West on Tinker Street, S.W, to 
Arnold Avenue S.W.; Continuing west on a line 
extending Tinker Street, S.W. to the west on line 
extending to Tinker Street, S.W. to the Common- 
wealth of Virginia-District of Columbia boundary 
line on the Commonwealth of Virginia shore of the 
Potomac River; North along said shoreline of the 



Potomac River to its intersection with a centerline' 
projection of the Anacostia River; Northeast along 1 ' 
said centerline projection of the Anacostia River to" 
the centerline of the Anacostia River; Continuing! 
northeast along the centerline of the Anacostia^ 
River to the point of beginning. ""'"..'[ 

[July 13, 2012, D.C. Law 19-157, § 2(a)] "" ' ' 
Description of SMD 8C01 Boundaries '[■ 
Beginning at the intersection of the centeriihe of 
the Anacostia River and South Capitol Street; 
Southeast on South Capitol Street to Howard 
Road, S.E.; Southeast on Howard Road, S.E. to- 
Interstate 295; Southwest on Interstate 295 to its 1 
intersection with a line extending the southwest* 
property boundary of the St. Elizabeth's Hospital 
Campus to the northwest; Southeast along said; 
line to the property boundary of Sheperd Parkway; 
Clockwise around said property boundary of 'Shep- 
erd Parkway to Lebaum Street, S.E.; Northwest 
on Lebaum Street, S.E. to 4th Street, S.E.; South-; 
west on 4th Street, S.E. to Neweomt i Street, S.E.;' 
Northwest on Newcomb Street, S.E. to 2nd Street,. 
S.E.; Continuing on Newcomb Street, S.E. to the. 
southwest t6 2nd Street, S.E.; South on 2nd 
Street, S.E. to Oakwood Street, S.E.; Southeast oh 1 
Oakwood Street, S.E. to Malcolm X Avenue;, S.E.; 
West on Malcolm X Avenue, S.E. to its intersec- 
tion with a line extending Waclark Place, S-E. from 
the south; South along said line extending Wac- 
lark Place, S.E. to Waclark Place, S.E.; Continu-; 
ing south on Waclark Place, S.E. to Raleigh Street,,, 
S.E.; East on Raleigh Street, S.E. to Ester Place, 
S.E.; South on Ester Place, S.E. to Brothers 
Place, S.E.; Southwest on Brothers Place, S.E. to; 
Highview Place, S.E.; Southeast on Highview. 
Place, S.E. to Martin Luther King Jr. Avenue; 
S.E.; Southwest on Martin Luther King Jr. Ave- 
nue, S.E. to Sterling Street, S.E.; Northwest on 
Sterling Street, S.E. to Raleigh Street, S.E.; Con- 
tinuing northwest on a line extending Sterling; 
Street, S.E. to the northwest to Interstate 295;, 
North on Interstate 295 to Malcolm X Avenue, 
S.E.; West on Malcolm X Avenue, S.E. to MacDill 
Boulevard, S.W.; West on MacDill Boulevard, 
S.W. and continuing west along a line extending 
MacDill Boulevard, S.W. west to the District of; 
Columbia-Commonwealth of Virginia boundary at. 
the Virginia shore of the Potomac River;' North 1 
along said shore of the Potomac River to itsiihier^ 
section with a line extending the centerline bf-'the' 
Anacostia River to the southwest;' NortlieasB 'along 
said iihe extending the centeriihe of the Alnac'ds'tia'; 
River arid continuing northeast along th& MnM'- 
lirie of the Anacostia River to the point or'p^'pij- 
nipg. \ ] "' 



' ) i)i;; 



, [July 13, ,2012, D.C. Law 19-157, § 2(a)] J' 1 ';'^ 
Description of SMD 8C02 Boundaries :i ., r j ),„,,'; 

' All streets- are located in the Southeast quay 
drant. Beginning at the intersection of Interstate', 
295 and Firth Sterling Avenue; Southeast albngai 
line connecting said intersection to the western-': 
most corner Of Census Block 74.01 1039; South-, 
east along the boundary of said Census Block 'to 
Wade Road; Northeast on Wade Road to Sumnetf 



54 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



Road; Southeast on Sumner Road to Martin Lu- 
ther King Jr. Avenue; South on Martin Luther 
King Jr. Avenue to Malcolm X Avenue; West on 
Malcolm X Avenue to Newcomb Street Northwest 
on Newcomb Street to 5th Street; Southwest on 
5th Street to Oakwood Street; Northwest on Oak- 
wood Street to 2nd Street; North on 2nd Street to 
Newcomb Street; East on Newcomb Street to 4th 
Street; Northeast on 4th Street to Lebam Street; 
Southeast on Lebaum Street to the eastern-most 
point of the property boundary of Sheperd Park- 
way; Northeast along said property boundary of 
Sheperd Parkway to its intersection with the 
southwest property boundary of the St. Elizabeth's 
Hospital Campus; Northwest along said southwest 
property boundary of the St. Elizabeth's Hospital 
Campus and continuing northwest along a line 
extending said southwest property boundary to the 
northwest to its intersection with Interstate 295; 
North on Interstate 295 to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8C03 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the northern intersection of 
Martin Luther King Jr. Avenue and the property 
boundary of the St. Elizabeth's Hospital Campus; 
Clockwise around said property boundary of the 
St. Elizabeth's Hospital Campus to Alabama Ave- 
nue; Southwest on Alabama Avenue to 11th Place; 
South on 11th Place to Trenton Place; East on 
Trenton Place to 13th Street; South on 13th Street 
to Mississippi Avenue; West on Mississippi Ave- 
nue to Wheeler Road; North on Wheeler Road to 
Wheeler Hill Drive; West on Wheeler Hill Drive 
to its intersection with a line extending 8th Street 
from the north; North on said line extending 8th 
Street to 8th Street; Continuing north on 8th 
Street to Alabama Avenue; West on Alabama 
Avenue to 5th Street; South on 5th Street to 
Savannah Street; Southwest on Savannah Street 
to Martin Luther .King Jr. Avenue; Northeast on 
Martin Luther King Jr. Avenue to Highview Place; 
Northwest on Highview Place to Brothers Place; 
Northeast on Brothers Place to Esther Place: 
North on Esther Place to Raleigh Street; West on 
Raleigh Street to Waclark Place; North on Wac- 
lark Place and continuing north on a line extending 
Waclark Place north to Malcolm X Avenue; East 
on Malcolm X Avenue to Oakwood Street; North- 
west on Oakwood Street to 5th Street; Northeast 
on 5th Street to Newcomb Street; Southeast on 
Newcomb Street to Malcolm X Avenue; East on 
Malcolm X Avenue to Martin Luther King Jr. 
Avenue; North on Martin Luther King Jr. Avenue 
to the point of beginning. 
[July 13, 2012, D.C'. Law 19-157, § 2(a)] 
Description of SMD 8C04 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Savannah 
Street and 5th Street; South on 5th Street to 
Trenton Street; West on Trenton Street to 4th 
Street; South on 4th Street to Atlantic Street; 
West on Atlantic Street to 1st Street; North on 
1st Street to Wilmington Place; Southeast on Wil- 

55 



mington Place to Horner Place; North on Horner 
Place to Upsal Street; West on Upsal Place to 
Martin Luther King Jr. Avenue; Northeast on 
Martin Luther King Jr. Avenue to Savannah 
Street; Northeast on Savannah Street to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8C05 Boundaries 
Beginning at the intersection of MacDill Boule- 
vard, S.W. and Interstate 295; South on Interstate 
295 to its intersection with a line extending Ster- 
ling Street, S.E. to the northwest; Southeast along 
said line extending Sterling Street, S.E. to Sterling 
Street, S.E.; Continuing southeast on Sterling 
Street, S.E. to Martin Luther King Jr. Avenue, 
S.E.; South on Martin Luther King Jr. Avenue, 
S.E. to Upsal Street, S.E.; East on Upsal Street, 
S.E. to Homer Place S.E.; South on Horner Place, 
S.E. to Wilmington Place, S.E.; Northwest on 
Wilmington Place, S.E. to 1st Street, S.E.; South 
on 1st Street, S.E. to Atlantic Street, S.E.; West 
on Atlantic Street, S.E. to South Capitol Street; 
North on South Capitol Street to Xenia Street, 
S.W.; Northwest on Xenia Street, S.W. to 2nd 
Street, S.W.; South on 2nd Street, S.W. to Atlantic 
Street, S.W.; West on a line extending Atlantic 
Street, S.W. west to its intersection with Interstate 
295; North on Interstate 295 to its intersection 
with a line extending Rice Street, S.W. from the 
west; West on said line extending Rice Street, 
S.W. to Rice Street, S.W.; Continuing west on 
Rice Street, S.W. to Duncan Avenue, S.W.; North 
on Duncan Avenue, S.W. to McChord Street, S.W,; 
West on McChord Street, S.W. to Chappie James 
Boulevard, S.W.; South on Chappie James Boule- 
vard, S.W. to Tinker Street, S.W.; West on Tinker 
Street, S.W. and continuing west on a line extend- 
ing Tinker Street, S.W. west to the District of 
Columbia-Commonwealth of Virginia boundary at 
the Virginia shore of the Potomac River; North 
along said shore of the Potomac River to its inter- 
section with a line extending MacDill Boulevard, 
S.W. from the east; East along said line extending 
MacDill Boulevard to MacDill Boulevard; Continu- 
ing east on MacDill Boulevard to the point of 
beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8C06 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Howard 
Road and Interstate 295; South on Howard Road 
to Sheridan Road; South on Sheridan Road .to 
Stanton Road; East on Stanton Road to Douglass 
Road; Southeasterly along Douglass Road to Stan- 
ton Road; South on Stanton Road to Pomeroy 
Road; West on Pomeroy Road and continuing 
west along a line extending Pomeroy Road west to 
its intersection with Suitland Parkway; Southeast 
on Suitland Parkway, S.E. to its intersection with 
the southern boundary of Census Block 74.01 2001; 
Southwest along said southern boundary of Census 
Block 74.01 2001 to its intersection with the east- 
ern property boundaiy of St. Elizabeth's Hospital 
East Campus; Northwest along said eastern prop- 



§1-309.03 



D;C. OFFICIAL CODE 



erty boundary of St. Elizabeth's Hospital to its 
intersection with Martin Luther King Jr. Avenue; 
North on Martin Luther King Jr. Avenue to Stan- 
ton Road; Northwest on Stanton Road to Wade 
Road; Southwest on Wade Road to its intersection 
with the eastern boundary of Census Block 74.01 
1039; Northwest along the boundary of said Cen- 
sus Block to its western-most corner; North from 
said westernmost corner of Census Block 74.01 
1039 along a line connecting to the intersection of 
Interstate 295 and Firth Sterling Avenue; East 
along Interstate 295 to the point of beginning. 
: [July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8C07 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and 8th Street; South on 8th Street and 
continuing south along a line extending 8th Street 
south to Wheeler Hill Drive; East on Wheeler Hill 
Drive to Wheeler Road; South on Wheeler Road 
to Oxon Run; West along Oxon Run to 4th Street; 
North on 4th Street to Trenton Street; East on 
Trenton Street to 5th Street;. North on 5th Street 
to Alabama Avenue; East on Alabama Avenue to 
the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 8D Boundaries 
'Beginning at the intersection of Chesapeake 
Street, S.E. and Southern Avenue, S.E.; South- 
west on Southern Avenue, S.E. to South Capitol 
Street; Continuing southwest along the District of 
Columbia^State of Maryland boundary to the Dis- 
trict of Columbia — Commonwealth of Virginia 
boundary line on the Commonwealth of Virginia 
shore of the Potomac River; North along said 
shore of the Potomac River to its intersection with 
a line extending Tinker Street, S.W. to the west; 
East along said line to Tinker Street, S.W. to 
Chappie James Boulevard, S.W.; North on Chap- 
pie James Boulevard to McChord Street, S.W.; 
East oh McChord Street, S.W. to Duncan Avenue, 
S.W.; South on Duncan Avenue, S.W. to Rice 
Street, S.W.; East on Rice Street, S.W. to West- 
over Avenue, S.W.; Continuing east on a line 
extending Rice Avenue, S.W. east to its intersex 
tion with the centerline of the southboundlanes.of 
Interstate 295; South along said centerline 'of .In- 
terstate 295 to its intersection with a line extend- 
ing Atlantic Street, S.W. to the west; East on said 
line extending Atlantic Street, S.W. to 2nd Street, 
S.W.; North on 2nd Street, S.W. to Xenia Street, 
S.W.; Southeast on Xenia Street to South Capitol 
Street; South on South Capitol Street to Atlantic 
Street, S.E.; East on Atlantic Street, S.E. to 4th 
Street, S.E.; South on 4th Street, S.E. to Chesa- 
peake Street, S.E. ; East on Chesapeake Street, 
S.E. to the point of the beginning. 
V [July 13, 2012, D.C. Law 19-157, § 2(a)] .' 

Description of SMD 8D01 Boundaries 
; . All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of Chesapeake Street and the District 
of Columbia- State of Maryland boundary; South- 
west along said District of Columbia — State of 



56. 



Maryland boundary to Barnaby Road; North :,on 
Barnaby Road to Galveston Place; Northwest on 
Galveston Place to 6th Street; North on 6th Street 
to Chesapeake Street; East on Chesapeake Street 
to the point of the beginning. u- > 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8D02 Boundaries "' 

Beginning at the intersection of Chesapeake 
Street, S.E. and 6th Street, S.E.; South on 6th[ 
Street, S.E. to Galveston Place, S.E.; East on 
Galveston Place, S.E. to Barnaby Road; S.E,;: 
South on Barnaby Road, S.E. to the District' of 
Columbia— State of Maryland boundary; South- 
west along the District of Columbia — State of Ma^ 
ryland boundary to its intersection with the south- 
ern-most point of Census Block 109.00 2002; 
Clockwise around the boundary of said Census 
Block to its intersection with Irvington, Street, 
S.W. ;. East on Irvington Street, S.W. to\Joliet 
Street, S.W; North on Joliet Street„S.W. to 1st 
Street, S.W; North on 1st Street, S.W. to South 
Capitol Street; South on South Capitol Street to 
Livingston Road, S.E.; North on Livingston Road, 
S.E. to 3rd Street; S.E.; North on 3rd Street, S; 
E. to Livingston Terrace, S.E.; East on Livingston 
Terrace, S.E. to 4th Street, S.E.; North on :4th 
Street, S.E. to Chesapeake Street, S.E. ; East ori 
Chesapeake Street, S.E. to the point of the begin-! 
ning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 8D03 Boundaries 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Atlantic 
Street and 4th Street; South on 4th Street to 
Livingston Terrace; West on Livingston Terrace 
to 3rd Street; South on 3rd Street to Livingston 
Road; North on Livingston Road to Atlantic 
Street; East on Atlantic Street to the point of the 
beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] , ■• 
Description of SMD 8D04 Boundaries 

All streets are located in the Southwest qua- 
drant. Beginning at the intersection of Chesa- 
peake Street and Martin Luther King Jr.'Avenue; 
South on Martin Luther King Jr. Avenue to Gil- 
yeston Street; East on Galveston Street! to its 
intersection with the northwest corner of Census. 
Block 109.00 1000; Counter-clockwise around^, the 
boundary of said Census Block to its intersection 
with South Capitol Terrace; South on South Capi- 
tol Terrace to Irvington Street; West on Irvington 
Street to its intersection with Census Block 109.00 
2002 Counter-clockwise around the boundary of 
said Census Block to the District of Columbia - 
State of Maryland boundary; Southwest along said 
District of Columbia — State of Maryland boundary 
to the Commonwealth of Virginia — District of Co- 
lumbia boundary at the Commonwealth of Virginia 
shore of the Potomac River. North along said 
shoreline of the Potomac River to its intersection 
with a line extending Magazine Road from the 
east; East along said line extending Magazine 
Road to Magazine Road Continuing east on Maga- 



GOVERNMENT OF DISTRICT 



§ 1-309.03 



zine Road to Chesapeake Street; Continuing east 
on Chesapeake Street to the point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 

Description of SMD 8D05 

Ail streets are located in the Southwest qua- 
drant. Beginning at the intersection of Forrester 
Street and South Capitol Street; South on South 
Capitol Street to 1st Street; South on 1st Street to' 
Joliet Street; Southwest on Joliet Street to South 
Capitol Terrace; North on South Capitol Terrace 
to its intersection with the southeast corner of 
Census Block 109.00 2000; Clockwise around the 
boundary of said Census Block to its intersection 
with Galveston Street; West on Galveston Street 
to Martin Luther King Jr. Avenue; North on 
Martin Luther King Jr. Avenue to Forrester 
Street; East on Forrester Street to the point of 
the beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8D06 Boundaries 

Beginning at the intersection of Brandywine 
Street, S.E. and 1st Street, S.E.; South on 1st 
Street, S.E. to South Capitol Street; North oh 
South Capitol Street to Forrester Street, S.W.; 
West on Forrester Street, S.W. to Martin Luther 
King Jr. Avenue, S.W.; North on Martin Luther 
King Jr. Avenue, S.W. to Chesapeake Street, S.W.; 
East on Chesapeake Street, S.W. -to South Capitol 
Street; North on South Capitol Street to Brandy- 
wine Street, S. E.; East on Brandywine Street, 
S.E. to the point of the beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8D07 Boundaries 

Beginning at the intersection of Atlantic Street, 
S.E. and Livingston Road, S.E.; South on Living- 
ston Road, S.E. to South Capitol Street; North on 
South Capitol Street to 1st Street, S.E.; North on 
1st Street, S.E. to Brandywine Street, S.E.; West 
on Brandywine Street, S.E. to South Capitol 
Street; South on South Capitol Street to Chesa- 
peake Street, S.W.; West on Chesapeake Street, 
S.W. to Magazine Road, S.W.; Continuing west on 
Magazine Road, S.W. and a line extending Maga- 
zine Road west to the Commonwealth of Virginia — 
District of Columbia boundary at the Common- 
wealth of Virginia shore of the Potomac River. 
North along shoreline of the Potomac River to a 
line extending Tinker Street, S.W. from the east; 
East on said line extending Tinker Street, S.W. to 
Tinker Street, S.W.; Continuing east on Tinker 
Street, S.W. to Chappie James Boulevard, S.W.; 
North on Chappie James Boulevard to McChord 
Street, S.W.; East on McChord Street, S.W. to 
Duncan Avenue, S.W.; South on Duncan Avenue, 
S.W. to Rice Street, S.W.; East on Rice Street, 
S.W. and continuing east along a line extending 
Rice Street, S.W. east to Interstate 295; South on 
Interstate 295 to its intersection with a line ex- 
tending Atlantic Street, S.W. from the east; East 
on said line extending Atlantic Street, S.W. to 2nd 
Street, S.W.; North on 2nd Street, S.W. to Xenia 
Street, S.W.; Southeast on Xenia Street to South 
Capitol Street; South on South Capitol Street to 



Atlantic Street, S.E. East on Atlantic Street, S.E. 
to the point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of ANC 8E Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the south- 
ern boundary of Census Block 74.01 2001 and 
Suitland Parkway; Southeast on Suitland Parkway 
to Alabama Avenue; West on Alabama Avenue, 
S.E. to 23rd Street; South on 23rd Street to 
Savannah Street; West on Savannah Street to its 
intersection with the western boundary of Census 
Block 73.04 1002 South along said western bound- 
ary and continuing south along a line extending 
said boundary south to its intersection with Oxon 
Run; East along Oxon Run to its intersection with 
Southern Avenue; Southwest along Southern Ave- 
nue to Chesapeake Street; West on Chesapeake 
Street to 4th Street; North on 4th Street to its 
intersection with Oxon Run; East on Oxon Run to 
its intersection with Wheeler Road; North on 
Wheeler Road to Mississippi Avenue; East on 
Mississippi Avenue to 13th Street; North on 13th 
Street to Trenton Place; West on Trenton Place to 
11th Place; North on- 11th Street to Alabama 
Avenue; East on Alabama Avenue to its intersec- 
tion with the southeastern property boundary of 
St. Elizabeth's Hospital East Campus; Northeast 
along said property boundary to the eastern prop- 
erty boundary of St. Elizabeth's Hospital East 
Campus; Northwest along said property boundary 
to its intersection- with the southern boundary of 
Census Block 74.01 2001; East along said southern 
boundary to the point of the beginning 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E01 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of the south- 
ern boundary of Census Block 74.01 2001 and 
Suitland Parkway; Southwest along said southern 
boundaiy of Census Block 74. 01 2001 to its inter- 
section with the property boundary of St. Eliza- 
beth's Hospital East Campus; Clockwise around 
said property boundary of St. Elizabeth's Hospital 
to Alabama Avenue; East on Alabama Avenue to 
Congress Street; South on Congress Street to 
Savannah Street; East on Savannah Street to 15th 
Street; North on 15th Street to Alabama Avenue; 
East on Alabama Avenue to its intersection with 
the northeast corner of Census Block 73.04 1002; 
South along the eastern boundary of Census Block 
73.04 1002 to Savannah Street; East on Savannah 
Street to 18th Street; North on 18th Street to 
Alabama Avenue; West on Alabama Avenue to 
Stanton Road; North on Stanton Road to Suitland 
Parkway; West on Suitland Parkway to the point 
of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E02 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Suitland 
Parkway and Stanton Road; East on Suitland 
Parkway to Alabama Avenue; Southwest on Ala- 
bama Avenue to 22nd Street; South on 22nd 



57 



§ 1-309.03 



D.C. OFFICIAErCODE 



Street to Savannah Place; Southwest on Savannah 
Place to 18th Place; Northwest on 18th Place to 
Alabama Avenue; Southwest on Alabama Avenue 
to Stanton Road; North on Stanton Road to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E03 Boundaries 
All streets are located in the Southeast quadrant 
unless otherwise designated. Beginning at the 
intersection of 23rd Street and Alabama Avenue; 
Southeast on 23rd Street to Savannah Street; 
West on Savannah Street to 18th Street; North on 
18th Street to Alabama Avenue; Northeast on 
Alabama Avenue to 18th Place; Southeast on 18th 
Place to Savannah Place; Northeast on Savannah 
Place to 22nd Street; North on 22nd Street to 
Alabama Avenue; Bast on Alabama Avenue to the 
point of beginning. 

[July 13, 2012, D.C. Law 19-157, § 2(a)): ; ', 
Description of SMD 8E04 Boundaries , : 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Alabama 
Avenue and 11th Place; East on Alabama Avenue 
to Congress Street; South on Congress Street to 
Savannah Street; East on Savannah Street to 15th 
Street; North on 15th Street to Alabama Avenue; 
East on Alabama Avenue to its intersection with 
the northeast corner of Census Block 73.04 1002; 
South along the eastern boundary of Census Block 
73.04 1002 to Oxon Run; West along Oxon Run to 
its intersection with a line extending 13th Street 
from the north; North along said line extending 
13th Street to 13th Street; Continuing north on 
13th Street to Trenton Place; West on Trenton 
Place to 11th Place; North on 11th Place to the 
point of beginning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E05 Boundaries 

All streets are located in the Southeast qua- 
drant. Beginning at the intersection of Wheeler 
Road and Mississippi Avenue; East on Mississippi 
Avenue to its intersection with a line extending 
13th Street from the north; South on said line 
extending 13th Street to Oxon Run; East along 
Oxon Run to the District of Columbia— State of 
Maryland boundary; Southwest along the District 
of Columbia — State of Maryland boundary to 12th 
Street; North on 12th Street to Bellevue Street; 
Southwest on Bellevue Street to Wheeler Road; 
North on Wheeler Road to the point of beginning 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E06 Boundaries 
All streets are located in the Southeast qua- 
drant. Beginning at the intersection of 4th Street 
and Oxon Run; Northeast along Oxon Run to 
Wheeler Road; Southeast on Wheeler road to 
Barnaby Street; Southwest on Barnaby Street to 
Atlantic Street; West on Atlantic Street to 4th 
Street; North on 4th Street to the point of begin- 
ning. 
[July 13, 2012, D.C. Law 19-157, § 2(a)] 
Description of SMD 8E07 Boundaries 



All streets are located in the Southeast) qua- 
drant. Beginning at the intersection of 4th!Street 
and Atlantic Street; East on Atlantic Street] to 
Barnaby Street; Northeast on Barnaby Street to 
Wheeler Road; Southeast on Wheeler Road to 
Bellevue Street; Northeast on Bellevue Street to 
12th Street; Southeast on 12th Street to the Dis- 
trict of Columbia — State of Maryland boundary; 
Southwest along the District of Columbia^State Of 
Maryland boundary to Chesapeake Street; West 
on Chesapeake Street to 4th Street; North on 4th 
Street to the point of beginning. < ' ■''; 

[July 13, 2012, D.C. Law 19-157, § 2(a)] .';,; 

(b) All streets boundaries lie in the center *o£ the 
street. . ' ■ . ' a-M • ', 

Sections 3 and 4 of D.C; Law 19-157 provides :;i ;'' 

"Sec. 3. Applicability of boundaries, ..'..,.,.',.".■ ". 

"(a) Except as provided in subsection, (b), of this 
section, the ANC and SMD boundaries set forth in 
section 2(a) shall 'apply as of January '2; 2013. 

'"(b) The ANC and SMD boundaries set forth in 
section 2(a) shall apply for purposes of, administer- 
ing the November 6, 2012 election, including deter 1 
mining qualifications for candidacy and the resi- 
dence of a person signing a nominating petition for 
the November 6, 2012 election. '..'■','. ',' 

"Sec. 4. Succession. , : ( , ■■. , 

"(a) Except as provided in this section;' ■ each 
ANC shall be the successor in interest with regard 
to any assets, obligations, or agreements >)of its 
predecessor previously established by law! vit.-i,; 

"(b) The successor in interest to any agreement 
with an ANC as of December 31, 2012 shall, be the 
ANC within whose boundaries the subject'. 6f the 
agreement is located. For purposes of this sub- 
section, the term "agreement" shall include any 
voluntary agreement executed pursuant to Title 25 
of the District of Columbia Official Code,; any 
agreement relating to a Planned Unit Develop- 
ment, zoning variance, or special exception, and 
any agreement relating to historic preservation. 

"(c)(1) The financial assets of the ANCs in Ward 
5 shall be collected on or after December L 2012, 
by the Chief Financial Officer, who shall, then 
redistribute them on an equal per capita basis to 
the new ANCs in Ward 5 as soon as practicable 
after January 2, 2013. >■>.''• 

"(2) The 1 personal property of each Of the 'ANCs 
in Ward 5 shall be transferred to the new Ward '5 
ANC within which the' property was located in 
2012. ' ' ..■■■.■■■■ • 

"(3) The records of each ANC in Ward 5 in 2012 
shall not be destroyed by the 2012 ANC but shall 
be transferred to the appropriate ANC having 
primary interest in the matter to which the record 
relates. The financial records of each ANC in 
Ward 5 shall be transferred to the District of 
Columbia Auditor. 

"(d)(1) The financial assets of ANCs 2C and 6C 
shall be collected on or after December 1, 2012 by 
the Chief Financial Officer, who shall then redis- 



GOVERNMENT OF DISTRICT 



§ 1-309.05 



tribute them on an equal per capita basis to the 
new ANCs 2C, 6C, and 6E as soon as practicable 
after January 2, 2013. 

"(2) The personal property of ANCs 2C and 6C 
shall be transferred to the new ANCs 2C, 6C and 
6E within which the property was located in 2012. 

"(3) The records of ANC 2C and 6C in 2012 
shall not be destroyed by the 2012 ANC but shall 
be transferred to the appropriate ANC having 
primary interest in the matter to which the rec- 
ords relates. 



"(c) The assets, obligations, and records of each 
2012 ANC in Ward 7 shall transfer to the new 
ANC in Ward 7 created by this act that primarily 
represents the same geographic area. 

"(f) The Chief Financial Officer, in coordination 
with the Office of Advisory Neighborhood Commis- 
sions, shall reapportion the quarterly allotments 
for the periods on or after January 2, 2013 based 
on the requirements of section 738(e) of the Dis- 
trict of Columbia Home Rule Act, approved De- 
cember 24, 1973 (87 Stat. 824; D.C. Official Code 
§ l-207.38(e)) and the new ANC areas established 
by this act." 



§ 1-309.05. Advisory Neighborhood Commissions — Qualifications of members; 
nomination by petition. 

(a)(1) No person shall be a member of an Advisory Neighborhood Commission unless he: 

(A) Is a registered qualified elector actually residing in the single-member district 
from which he was elected; 

(B) Has been residing in such district continuously for the 60 days immediately 
preceding the day on which he files the nominating petitions as a candidate as such a 
member; and 

(C) Holds no other elected public office. 

(2) For the purpose of this subsection, the term "elected public office" means the Office 
of Mayor of the District of Columbia, Chairman or member of the Council of the District of 
Columbia, member of the District of Columbia Board of Education, and the Delegate to the 
House of Representatives. 

(b)(1) Candidates for member of an Advisory Neighborhood Commission shall be nominat- 
ed by a petition: 

(A) Prepared and presented to the Board in accordance with regulations of the Board 
no later than the 90th calendar day before the date of the election in which he intends to 
be a candidate; and 

(B) Signed by not less than 25 registered qualified electors who are residents of the 
single-member district from which he seeks election. 

(2) Such petitions shall be made available by the Board no later than the 120th calendar 
day before an election for members of an Advisory Neighborhood Commission. 

(Oct. 10, 1975, D.C. Law 1-21, § 6, 22 DCR 2068; Oct. 30, 1975, D.C. Law 1-27, § 4, 22 DCR 2472; Sept. 
26, 1984, D.C. Law 5-111, § 2(a), (b), 31 DCR 3952; Feb. 5, 1994, D.C. Law 10-68, § 3(a), 40 DCR 6311; 
June 5, 2012, D.C. Law 19-137, § 201(b), 59 DCR 2542; July 13, 2012, D.C. Law 19-157, § 6, 59 DCR 
5598.) 



Historical and Statutory Notes 



Effect of Amendments 

D.C. Law 19-137, in subsec. (b)(1)(A), substitut- 
ed "90th calendar day" for "60th calendar day"; 
an.d, in subsec. (b)(2), substituted "144th calendar 
day" for "90th calendar day". 

D.C. Law 19-157, in subsec. (b)(2), substituted 
"120th calendar day" for "144th calendar day". 
Temporary Amendments of Section 

Section 4 of D.C. Law 19-145, in subsec. (b)(2), 
substituted "120th calendar day" for "144th calen- 
dar day". 

Section 7(b) of D.C. Law 19-145 provides that 
the act shall expire after 225 days of its having 
taken effect. 
Legislative History of Laws 

Law 19-137, the "Comprehensive Military and 
Overseas Voters Accommodation Amendment Act 



of 2012", was introduced in Council and assigned 
Bill No. 19-356, which was referred to the Com- 
mittee on Government Operations. The Bill was 
adopted on first and second readings on February 
7, 2012, and March 6, 2012, respectively. Signed 
by the Mayor on March 27, 2012, it was assigned 
Act No. 19-334 and transmitted to both Houses of 
Congress for its review. D.C. Law 19-137 became 
effective on June 5, 2012. 

Law 19-157, the "Advisory Neighborhood Com- 
missions Boundaries Act of 2012", was introduced 
in Council and assigned Bill No. 19-528, which was 
retained by the Council. The Bill was adopted on 
first and second readings on March 20, 2012, and 
May 1, 2012, respectively. Signed by the Mayor 
on May 15, 2012, it was assigned Act No. 19-364 
and transmitted to both Houses of Congress for its 



59 



.§ 1-309.05 D.C. OFFICIAL CORE 

review. D.C. Law 19-157 became effective on, July . ■ ■ ';■ „;;•;) 

13*2012. ■.■!,■■!'-,„; 

Subchapter XL Special Funds. ' 

Part J. Solid Waste Disposal Cost Recovery Special Account: ■•■'<> 

§1-325.91. Solid Waste Disposal Cost Recovery Special Account. i a; 

Historical and Statutory Notes ; 

Emergency Act Amendments • For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 8006 of Fiscal Year 2013 Budget Support 

; see § 8006 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act;, of 2012 

'Emergency Act of 2012 (D.C. Act 19-383, June 19, m.c. Act 19-413, July 25, 2012, 59 DCR 9290). 

2012, 59 DCR 7764). '•>■',' 

Part R. H Street Retail Priority Area Fund. 
§1-325.171: Definitions. 

Historical and Statutory Notes 

Emergency Act Amendments For- temporary (90'day) amendment of section, 

. For temporary (90 day) amendment Of section, see § 2162(a) of Fiscal Year 2013 Budget Support 

see § 2162(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, : (D.C. Act 19-413, July, 25, 2012, 59 DCR 9290). 

2012, 59 DCR 7764). . . , j , ',/'.< 

§ 1-325.173. H Street, N.E. Retail Priority Area business development. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 20i3 Budget Support 

see § 2162(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act ! of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, ( D .c. Act 19^13, July 25, 2012, 59 DCR 9290). 
2012, 59 DCR 7764). ■-.•;-:. 

Subchapter XH-A. Grant Administration. 
§1-328.03. Voting rights and statehood grants. s 

Historical and Statutory Notes 

Temporary Addition of Section "(2) Section 2a of the Youth Employment Act .of 

Section 2 of D.C. Law 19-130 added a provision 1979, effective January 5, 1980 (D'.C. Law 3-46; 

to read as follows: D.C. Official Code § 32-242); .■ ' ', ' :: ',.■;,; \ 

"Sec. 2. Workforce job development grant- ' "(3) Section 203 of the Way, to Work Amend- 

1 "making authority. ment Act of 2006, effective June 8, 2006 (D.C.'Laiy 

"(a) The Director of the Department of Employ- 16-118; D.C. Official Code ; § 32-752); , '' 

ment Services ('DOES') may issue grants to indi- ( 4) Sections, 2102 and 2103 of the Transitional 

viduals and organizations from the funds made Employment .Program and Apprenticeship Initia- 

available to the DOES pursuant to local appropna- tive Establishment Act of 2005, effective October 

tions or the federal Workforce Investment Act of 20 2005 (D c Law 16 _3 3 D-C- 0f5cia] Code 

^ ap s p S ^ ugust V 998 { l l i 9 f ! §§ 32 - 1331 and 32 - 1332 ); and 

U.S.C § 2822), for workforce development pur- 
poses, including increasing occupational skills, job "© Section 11 of the Workforce Investment 
retention, employment opportunities, and earnings Implementation Act of 2000, effective July 18, 2000 
of the District's workforce pursuant to: (D.C. Law 13-150; D.C. Official Code § 32-16.10). 
"(1) Section 2 of the Youth Employment Act of "(b) Notwithstanding the provisions of D.C; Of- 
1979, effective January 5, 1980 (D.C. Law 3^46; ficial Code § 47-368.06, grants that may be issued 
D.C. Official Code § 32-241); pursuant to this section .include grants that the 

60 



GOVERNMENT OF DISTRICT 



§ 1-336.06 



Mayor, Director of the DOES, or an agency re- 
ceives through an intra-District transfer,' a memo- 
randum of understanding, or a reprogramming 
from an agency lacking grant-making authority. 

"(c) The Director of the DOES may issue rules 
to implement the provisions of this act." 



Section 4(b) of D.C. Law 19-130 provides that 
the act shall expire after 225 days of its having 
taken effect. 
Emergency Act Amendments 

For temporary (90 day) addition of section, see 
§ 2 of Workforce Job Development Grant-Making 
Authority Congressional. Review Emergency Act of 
2012 (D.C. Act 19-377, May 30, 2012, 59 DCR 
6609). 



Subchapter XV. Miscellaneous. 

§ 1-333.11. Imposition of fee for delivery of bad check in payment of obli- 
gation due District of Columbia; amount of fee; manner of 
collection; exception. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) repeal of section, see 

For temporary (90 day) repeal of section, see § 1054(a) of Fiscal Year 2013 Budget Support 

§ 1054(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (DC. Act 19-413, July 25, 2012,' 59 DCR 9290). 
2012, 59 DCR 7764). 

Subchapter XVI. Divestment, Prohibition on 
Investment of Certain Public Funds. 



Part B. Government of Iran. 



§ 1-336.06. Sunset. 



Emergency Act Amendments 



Historical and Statutory Notes 



For temporary (90 day) addition of sections, see 

For temporary (90 day) addition of sections, see §§ 1042 to 1053 of Fiscal Year 2013 Budget Sup- 

§§ 1042 to 1053 of Fiscal Year 2013 Budget Sup- port Congressional Review Emergency Act of 2012 

port Emergency Act of 2012 (D.C. Act 19-383, (D.C Act 19-413, July 25, 2012, 59 DCR 9290). 

June 19, 2012, 59 DCR 7764). 



Chapter 6 
Merit Personnel System. 



Subchapter I. Findings; Purpose. 

Section 

1-601.02. Purpose. 

Subchapter V. Public Employee 
Relations Board. 

1-605.02. Powers of the Board. 

Subchapter VI. Office of Employee Appeals. 

1-606.03. Appeal procedures. 
1-606.04. Agency hearing procedures. 

Subchapter VIII. Career 1 Service. 

1-608.01. Creation of Career Service. 



Section 

Subchapter IX. Excepted Service. 

1-609.02. Nature of positions in the Excepted 
Service and conversion rights. 

1-609.03. Number of Excepted Service employ- 
ees; redelegation of authority to ap- 
point; publication requirement. 

Subchapter XI. Classification; Compensation. 

l-61i.03. Compensation policy; compensatory 
time off; overtime pay. 

Subchapter XII. Hours of Work; 
Legal Holidays; Leave. 

1-612.01. Hours of work. 



61 



§ 1-336.06 



D:C. OFFICIAL C0DE 



Section 

1-612.03. Leave, 



Subchapter XV-A. Whistleblower Protection. i" 621 ' 09 - District contribution 



Section . soycM 

Subchapter XXI. Health Benefits, jvi'i'i 

■■• ; ■: rami 



1-615.52. Definitions. 

1-615.53. Prohibitions. : ,';,,. ; 

1—615.64. Enforcement. ' ' 

Subchapter XVI-A. General Discipline 
and Grievances. , i 

1-616;53. , Grievances: 



Subchapter XXIII. Public Sector ii" 
Workers' Compensation, ; aniioi 

1-623.06. Partial disability. 
1-623.13. Increase, decrease, or suspension of 
compensation. 

Subchapter XXIX. Employee Debt Set-Off s. 

1-629.04, Collection of debts. 5 .: :: .. ? ; < ; ;-,\., i ;; 



Subchapter I. Findings; Purpose. 



§ 1-601.02. Purpose. 



Notes of Decisions : ' , ' 

%. Due Process .'<■' to anything more than "what they promptly re- 1 

District of Columbia's delay in processing § 1983 ceived, and others who encountered lengthy delays 
plaintiffs' disability payments under its Compre- advanced no proof whatsoever that delays were not 
hensive Merit Personnel System Act (CMP A) ( .in, i ; j, justified ;or/wefer. so ,, prevalent that there was in 
some cases lasting up to eight years, did not r: ..effect municipal 'policy and practice of delaying 
violate Fifth Amendment due process; plaintiffs ' '"action unconscionably, the result of District's delib- 
did not provide any proof that District knew or erate indifference to obvious reality that unreason- 



should have known of risk of constitutional viola- 
tions, some plaintiffs did not in fact encounter 
delay which could possibly be described as unrea- 
sonable even without consideration of any counter- 
vailing factors, some did not even show; entitlement 



able delays iii processing petitions for rehearing 
was standard behavior. Winstead v. District of 
Columbia, 2012, 840 F.Siipp.2d 149. , Civil, Sights 
«= 1352(5); Constitutional Law «=• 4170; District 
of Columbia «= 7 



Subchapter V. Public Employee Relations Board. 



§ 1-605.02. Powers of the Board. 



Notes of Decisions 



2.7. Exhaustion of administrative remedies 

District of Columbia employees' claim for defa- 
mation by conduct was foreclosed by District of 
Columbia Comprehensive Merit Personnel Act 
(CMPA); one employee neither pled nor argued 
she exhausted her administrative remedies under 
either of CMPA's two approved methods, and 
while two other employees triggered collective bar- 
gaining agreement (CBA) method of CMPA ex- 



haustion by timely filing grievance in writing in 
accordance with provision of negotiated grievance 
procedure, after their Stage 2 grievance hearings 
were cancelled they did not proceed to final three 
steps of grievance procedure which culminate in 
arbitration, nor did they plead that they appealed 
any arbitration decision to Public Employee Rela- 
tions Board. Saint-Jean v. District of Columbia^ 
2012, 846 F.Supp.2d 247. District of Columbia 1 '^ 
7 



Subchapter VI. Office of Employee Appeals. '" 



§ 1-606.03. Appeal procedures. 



.?:<).<!()!)-[ 



Notes of Decisions 



it"; 'j'SJT'iill .e¥ 



8. Exhaustion of remedies 

District court would treat as moot issue of 
whether former District of Columbia employee 
exhausted her administrative remedies before su- 
ing under Comprehensive Merit Personnel System 
Act (CMPA); issue of exhaustion was raised in 



District's first motion for summary judgment', Dis- 
trict asserted that Office of Employee Appeals 
(OEA) ALJ's determination became final, it did not 
revisit exhaustion in its second motion for sum- 
mary judgment, and it could not resurrect issue in 



62 



GOVERNMENT OF DISTRICT ' § 1-608.01 

motion in limine. Owens v. District of Columbia, haustion by timely filing grievance in writing in 

2012, 2012 WL 2873945. Federal Courts &= 13 accordance with provision of negotiated grievance 

District of Columbia employees' claim for defa- procedure, after their Stage 2 grievance hearings 

mation by conduct was foreclosed by District of were cancelled they did not proceed to final three 

Columbia Comprehensive Merit Personnel Act steps of grievance procedure which culminate in 

(CMP A); one employee neither pled nor argued arbitration, nor did they plead that they appealed 

she exhausted her administrative remedies under any arbitration decision to Public Employee Rela- 

either of CMPA's two approved methods, and tions Board. Saint-Jean v. District of Columbia, 

while two other employees triggered collective bar- 2012, 846 F.Supp.2d 247. District of Columbia ©= 

gaining agreement (CBA) method of CMPA ex- 7 

§ 1-606.04. Agency hearing procedures. 

Notes of Decisions 

Standard of review 11 de novo hearing, and regardless of standard of 

review used by Office of Employee Appeals (OEA) 
ALJ, whether hearing was sufficient to satisfy 
procedural due process, precluded summary judg- 
ment on employee's § 1983 claim against District 



11. Standard of review 



Genuine issues of material fact as to whether predicated on that violation. Owens v. District of 
District of Columbia Metropolitan Police Depart- Columbia, 2012, 2012 WL 2873945. Federal Civil 
ment (MPD) employee's evidentiary, hearing was Procedure Q=> 2497.1 

Subchapter VIII. Career Service. 

§ 1-608.01. Creation of Career Service. 

(a) The Mayor shall issue rules and regulations governing employment, advancement, and 
retention in the Career Service which shall include all persons appointed to positions in the 
District government, except persons appointed to positions in the Excepted, Executive, 
Educational, Management Supervisory, or Legal Service. The Career Service shall also 
include, after January 1, 1980, all persons who are transferred into the Career Service 
pursuant to the provisions of subsection (c) of § 1-602.04. The rules and regulations 
governing Career Service employees shall be indexed and cross referenced to the incumbent 
classification system and shall provide for the following: 

(1) A positive recruitment program designed to meet current and projected personnel 
needs; 

(2) Open competition for initial appointment to the Career Service; 

(3) Examining procedures designed to achieve maximum objectivity, reliability, and 
validity through a practical assessment of attributes necessary to successful job perform- 
ance and career development as provided in subchapter VII of this chapter; 

(4) Appointments to be made on the basis of merit by selection from the highest qualified 
available eligibles based on specific job requirements, from appropriate lists established on 
the basis of the provisions of paragraphs (1), (2), and (3) of this subsection with appropriate 
regard for affirmative action, goals and veterans preference as provided in subchapter VII 
of this chapter; 

(5) Appointments made without time limitation in accordance with paragraph (4) of this 
subsection, as permanent Career Service status appointments upon satisfactory completion 
of a probationary period of at least 1 year; 

(6) Temporary, term, and other time-limited appointments, in appropriate cases, which 
do not confer permanent status but are to be made, insofar as practicable, in accordance 
with paragraph (4) of this subsection, except that such appointments to positions at the 
DS-12 level or equivalent or below may be made non-competitively; 

(7) Appointments to continuing positions (in the absence of lists of eligibles), which do 
not confer permanent status, subject to meeting minimum qualification standards and 
subject to termination as soon as lists of qualified eligibles for permanent appointment can 
be established in accordance with paragraph (4) of this subsection; 

(8) Emergency appointments for not more than 30 days to provide for maintenance of 
essential services in situations of natural disaster or catastrophes where normal employ- 
ment procedures are impracticable; 

63 



§ MJ08.01 D.G. OFFICIAL CODE 

(9) Promotions of permanent employees, giving due consideration to demonstrated 
ability, quality, and length of service; .', iti: 

(10) Reinstatements, reassignments, and transfers of employees with permanent status; 

(11) Establishment of programs, including trainee programs, designed to attract and 
utilize persons with minimal qualifications, but with potential for development, in order to 
provide career development opportunities for members of disadvantaged groups, persons 
with disabilities, women, and other appropriate target groups^ These programs may 
provide for permanent appointments to trainee or similar positions through competition 
limited to these persons; • - -■■' ; ■•-■ ;■; ■'". 

(12) Reduction-in-force procedures, with: 

(A) A prescribed order of separation ; based, on tenure of appointment, Tdetigth of 
service, including creditable federal and military service, District residency, veterans 
preference, and officially documented work performance; 

; (B) Priority reemployment consideration for employees separated;; -yti,,?, ■{,, j w ■±.~: ii jp, 
•■■ (C) Consideration of job sharing and reduced hours; and 

(D) Employee appeal rights; and 
-■.' (13) Separations for cause, which shall be subject to the adverse; action- and appeal 
v procedures provided for in subchapter XVT-A of; this • chapter ' .•..•■■■.;■.■■:'■ «, ■.-■ i ,' 
,; (b) Selections to the Career Service' shall be made m ' accordance with equal' 'employment 
opportunity principles as set forth in subchapter VII of this chapter. ' ,*.-, i >.,<■, „ r. 

(c) Repealed. 

(d) The Mayor may issue separate rules and regulations concerning the personnel system 
affecting members of the uniform services of the Police and Fire Departments which may 
provide for a probationary period of at least 1 year. Other such separate rules and regulations 
may only be issued to carry out provisions of this chapter which accord such member of the 
uniform services of the Police and Fire Departments separate treatment under this chapter. 
Such separate rules and regulations are not a bar to collective bargaining during the 
negotiation process between the Mayor and the recognized labor organizations for the 
Metropolitan Police and Fire Departments, but shall be within the parameters of § 1-617.08. 

(d-1) For members of the Metropolitan Police Department and notwithstanding 
§ 1-632.03(1)(B) or any other law or regulation, the Assistant and Deputy Chiefs of Police 
and inspectors shall be selected from among the captains of the force and shall be returned to 
the rank of captain when the Mayor so determines. 

(d-2)(l) The Chief of Police shall recommend to the Director of Personnel criteria for 
Career Service promotions and Excepted Service appointments to the positions of Inspector, 
Commander, and Assistant Chief of Police that address the areas of education, experience, 
physical fitness, and psychological fitness. The recommended criteria shall be the sameifor 
.Career Service promotions and Excepted Service appointments to these positions. ; When 
establishing the criteria, the Chief of Police shall review national standards, such .;as; the 
Commission on Accreditation for Law Enforcement Agencies. ■ ■,. . ?■-.,!.,;> 

(2) All candidates for the positions of Inspector , : Gbmmahdef, and Assistant Chief of 
Police shall be of good standing with no disciplinary action pending or administered 
resulting in more than a 14-day suspension or termination Within the past 3 years. 

(d-3)(l) The Fire Chief shall recommend to the Mayor criteria for Career Service 
promotions and Excepted Service appointments to the positions of Battalion Fife Chief and 
Deputy Fire Chief that address the areas of education, experience, physical fitness, and 
psychological fitness. The recommended criteria shall be the same for Career Service 
promotions and Excepted Service appointments to these positions. When establishing the 
criteria, the Fire Chief shall review national standards, such as the National Fire Protection 
Association's Standard on Fire Officer Professional Qualifications. 

(2) All candidates for the positions of Battalion Fire Chief and Deputy Fire Chief shall 
be of good standing with no disciplinary action pending or administered resulting in more 
than a 14-day suspension or termination within the past 3 years. 

(e)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, an applicant for 
District government employment in the Career Service who is a bona fide resident of .the 

64 



GOVERNMENT OF DISTRICT § 1-608.01 

District at the time of application shall be given a 10-point hiring preference over a 
nonresident applicant unless the applicant declines the preference. This preference shall be 
in addition to, and not instead of, qualifications established for the position 

(2) An applicant claiming a hiring preference shall submit 8 proofs of bona fide residency 
in a manner determined by the Mayor. If hired, the employee shall agree in writing to 
maintain bona fide District residency for a period of 7 consecutive years from the effective 
date of hire and shall provide proof of bona fide residency annually to the director of 
personnel for the agency or instrumentality for the first 7 years of employment. Failure to 

. maintain District residency for the consecutive 7-year period shall result in forfeiture of 
employment. 

(3) Any individual hired under a previous residency law who was subject to a residency 
requirement shall be treated as if the individual claimed a preference and was hired 
pursuant to the Residency Preference Amendment Act of 1988. 

(4) In reductions-in-force, a resident District employee shall be preferred for retention 
and reinstatement of employment over a non-resident District employee. For purposes of 
this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall 
be considered a District resident. When the provisions of this paragraph conflict with an 
effective collective bargaining agreement, the terms of the collective bargaining agreement 
shall govern. 

(5) A District employee hired in the Career Service prior to March 16, 1989, who elects 
to apply for a competitive promotion in the Career Service and to claim a preference, shall 
be bound by the provisions of paragraph (2) of this subsection. 

(6) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed 
rules to implement the preference system established by this subsection. The proposed 
rules shall be submitted to the Council no later than February 1, 1989, for a 45-day period 
of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the 
Council does not approve or disapprove the proposed rules, in whole or in part, by 
resolution within this 45-day review period, the proposed rules shall be deemed approved. 

(7)(A) Except as provided in subparagraph (B), the Mayor may not require an individual 

to reside in the District of Columbia as a condition of employment in the Career Service. 

(B) The Mayor shall provide notice to each employee in the Career Service of the 

provisions of this subsection that require an employee claiming a residency preference to 

maintain District residency for 7 consecutive years, and shall only apply such provisions 

with respect to employees claiming a residency preference on or after March 16, 1989. 

(e-l)(l) Notwithstanding any provision of Chapter 14 of Title 2, an applicant for District 

government employment in the Career Service shall be given a 10-point hiring preference if, 

at the time of application, the applicant: 

(A) Is within 5 years of leaving foster care under the Child and Family Services 
Agency and is a resident of the District; or 

(B)(i) Is currently in the foster care program administered by the Child and Family 
Services Agency; and 

(ii) Is at least 18 years old and not more than 21 years old, regardless of residency. 

(2) An applicant claiming a hiring preference pursuant to this subsection shall submit 
proof of eligibility for the preference by submitting to the hiring authority a letter or other 
document issued by the Child and Family Services Agency or the Family Court of the 
Superior Court of the District of Columbia showing that the applicant is or was in foster 
care or showing the date the applicant left court supervision. 

(3) An applicant who receives a hiring preference pursuant to this subsection and who is 
a resident of the District shall remain eligible to receive any other preference available 
under this chapter in addition to the preference received pursuant to this subsection. 

(4) For the purposes of this subsection, the term "foster care" shall have the same 
meaning as provided in § 4-342(2). 

(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to 
implement the provisions of this subsection. The proposed rules shall be submitted to the 
Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and 
days of Council recess. If the Council does not approve or disapprove the proposed rules 

65 



§1-608.01 D.C. OPFIGIAEiCODE 

by resolution within the 30-day review period; the proposed rules shall be Sdeeniey 
- approved. ■ '■. iTtnwi 

(f) Repealed. '■•■■■ r '"'- )ii «' 

(g) Each subordinate agency head shall submit to the Mayor and the Council quarterly 
reports detailing the names of all new employees and their pay schedules, titles, and place of 
residence. The report shall explain the reasons for employment of non-District residents. 
The Mayor shall integrate into each subordinate agency's yearly performance objectives the 
rate of success in hiring District residents. The Mayor shall conduct annual audits of each 
subordinate agency's personnel records to ensure that all persons claiming a residency 
preference at time of hiring complies with the provisions of subsection (e)(2) of this section. 
Audit reports shall be submitted annually to the Council. ■.'•'-. 

(Mar. 3, 1979, D.C. Law 2-139, § 801, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(a), 25 DCS 10565; 
Aug. 7, 1980, D.C. Law 3-81, § 2(g), 27 DCR 2632; May 22, 1981, D.C. Law 4-2, § 2(a)-(c), 28 DCR 2586; 
Apr. 3, 1982, D.C. Law 4-92, § 2(a)-(c), 29 DCR 745; Aug. 1, 1985, D.C. Law 6-15, § 7(a); 32 DCR 3570; 
Mar. 16, 1989, D.C. Law 7-203, § 2(a), 36 DCR 450; Nov. 21, 1989, 103 Stat. 1277, Pub; L„1Q1-168, 
§ 110B(b)(l); June 10, 1998, D.C. Law 12-124, § 101(e), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, 
§ 2(a), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 20, 1998, D.Ci.Law 
12-260, § 2(c), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(h), 47 DCR 520; Oct. 19, 2000, D.C. 
Law 13-172, § 822(a), 47 DCR 6308; Sept. 30, 2004, DC. La* 15-194, § 104(a), 51 DCR 9406; Apr.'24, 
2007, D.C. Law 16-305, § 3(d), 53 DCR 6198; Feb. 6, 2008, D.C. Law 17-108, § 203(d), 54 DGR 10993; 
Sept. 12, 2008, D.C. Law 17-231, § 3(c), 55 DCR '6758; Mar; 25, 2009, D.C. LaW 17-353* § 223(c)(2), 56 
DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(a), 59 DCR 461; July 13, 2012, D:C. Law 19^162, i§ .3', 59 
DCR5713.) .'.".,... . ■:; vr ■:> . r '■ ,■■■,!;>( ■ *i 

Historical and Statutory Notes , ; ,,j, r: 

Effect of Amendments referred to the Committee on Human Services. 

D.C. Law 19-162 added subsec. (e-1). '•"■ The Bil1 was adopted on first and second readings 

_ .,.„.. „ T -. on April 17, 2012, and May 1, 2012, respectively. 

Legislative History of Laws Signed by the Mayor on May 16> 2 012, it.was 

Law 19-162, the "Poster Care Youth Employ- assigned Act No. 19-372 and transmitted to both 
ment Amendment Act of 2012", was introduced in Houses of Congress for its review. D.C! Law 
Council and assigned Bill No. 19-691, Which was 19-162 became effective on July 13, 2012. n ""' 

Subchapter IX. Excepted Service. v " f 

§ 1-609.02. Nature of positions in the Excepted Service and conversion rights. 

Historical and Statutory Notes 

Emergency Act Amendments ,„ ,, : For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section,, see § 1092(a) of Fiscal Year 2013 Budget Support 

see § 1092(a) of Fiscal Year 2013 Budget Support ' Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, ■'■ (D.C; Act '19-413. July 25, 2012, 59 DCR 9290). 

2012, 59 DCR 7764). :■; 

■ ■ ■:■ ■■'.■■■'■"■■■■::- 

§ 1-609.03. Number Of Excepted Service employees; redelegation Of authority 
to appoint; publication requirement. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support 

see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act: of . 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (q.c. Act 19-413, July 25, 2012; 59 DCR 9290). 

2012, 59 DCR 7764). ' J ■•.■■>■■.,-, ■ 



■'ill 
•: > 



66 



GOVERNMENT OF DISTRICT 

Subchapter XL Classification; Compensation. 



§ 1-615.52 

Note 1 



§ 1-611.03. Compensation policy; compensatory time off; overtime pay. 



Notes of Decisions 



Stipends 2 



2. Stipends 

The $595 annual stipend under District of Co- 
lumbia statute for detective sergeants was part of 
plaintiffs' regular pay rate and had to be included 
in FLSA overtime calculation; District contended 
that stipend was not part of their basic compensa- 



tion but rather was additional payment that should 
not be so included, but FLSA mandated that regu- 
lar rate include all remuneration for employment 
paid to, or on behalf of, employee unless it fell 
under one of eight expressly provided exclusions 
and District did not reference the exemptions, let 
alone argue that one of them applied to situation. 
Figueroa v. District of Columbia, 2012, 2012 WL 
2367088. Labor and Employment ®= 2307 



Subchapter XII. Hours op Work; Legal Holidays; Leave. 



§1-612.01. Hours of work. 



Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) addition of section, see 
§ 5 of Fiscal Year 2012 Second Revised Budget 
Eequest Emergency Adjustment Act of 2012 (D.C. 
Act 19-382, June 20, 2012, 59 DCE 7760). 



For temporary (90 day) addition of section, see 
§ 5 of Fiscal Year 2012 Second Revised Budget 
Request Congressional Review Emergency Adjust- 
ment Act of 2012 (D.C. Act 19^06, July 20, 2012, 
59 DCR 9124). 



§ 1-612.03. Leave. 

Historical and Statutory Notes 

Emergency Act Amendments Congressional Review Emergency Act of 2012 

For temporary (90 day) amendment of section, (D.C. Act 19^13, July 25, 2012, 59 DCR 9290). 
see § 1092(b) of Fiscal Year 2013 Budget Support 



Subchapter XV-A. Whistleblower Protection. 



§ 1-615.52. Definitions. 



Notes of Decisions 



1. Protected disclosure, reasonable belief 

District of Columbia Public Schools (DCPS) Di- 
vision of Transportation (DOT) employees satisfied 
protected disclosure element of prima facie case 
under District of Columbia Whistleblower Protec- 
tion Act (DCWPA) through oral and written state- 
ments regarding their supervisor, although their 
statements to Transportation Administrator about 
their supervisor's discriminatory treatment of Hai- 
tians and kickback scheme did not warrant WPA 
protection since he already was aware of those 
fraudulent activities; no pleading suggested that 
Mayor's office or DOT Assistant Manager knew of 
scheme before employees disclosed it to them, and 
Transportation Administrator allegedly did not 
know previously that their supervisor accepted 
bribes in exchange for paychecks and allowed her 
boyfriend to use DOT buses for personal purposes, 
employees did not allege that employer retaliated 
against them after they relayed already public 
complaints about perceived abuse, and employees 
pled reasonable belief that supervisor grossly mis- 



managed and abused her authority and violated 
employment discrimination laws. Saint-Jean v. 
District of Columbia, 2012, 846 F.Supp.2d 247. 
Schools «» 63(1) 

In employee's suit under District of Columbia 
Whistleblower Protection Act (DC-WPA), district 
court would, in exercise of its discretion, decline 
employee's request for jury instruction which 
tracked statutory definition of "whistleblower" as 
it had no meaningful relationship to facts of case; 
while DC-WPA defined "whistleblower" as "an em- 
ployee who makes or is perceived to have made a 
protected disclosure," its operative liability section 
provided that "(a) supervisor should not take, or 
threaten to take, a prohibited personnel action or 
otherwise retaliate against an employee because of 
the employee's protected disclosure," and parties 
had already agreed to jury instruction tracking 
language of statutory definition of "protected dis- 
closure" which required employee to reasonably 
believe disclosure was of type of information pro- 



67 



§ 1-615.52 

Note 1 

tected. Williams v. District of Columbia, 2011, 818 
F.Supp.2d 197. District of Columbia ®=> 36 

Police detective set forth a prima facie case that 
he made a "protected disclosure" within the mean- 
ing of the District of Columbia Whistleblower Pro- 
tection Act (DCWPA), i.e., a non-prohibited disclo- 
; sure of information by an employee to a supervisor 
or public body that the employee reasonably be- 
lieved evidenced certain misconduct, by means of a 
letter that was written and sent by Fraternal 
Order of Police (FOP) chairman to the District of 
Columbia's Office of the Inspector. General (OIG) 
about the Metropolitan Police Department's al- 
leged mismanagement in investigating and track- 
ing missing children and juvenile offenders; FOP 
chairman made the disclosure on behalf of detec- 
tive, given in part a statement in the letter that the 
"FOP and its members involved in this matter," 
which included detective, "are making protected 
disclosures," and not allowing detective to maintain 
his DCWPA action on the ground that he made an 
otherwise-protected disclosure to the wrong person 
would be contrary to the stated purpose of the 
DCWPA and public policy generally. Adams v. 
D.C., 139 WLR 1101 (Super. Ct. 2011), • ^ "' 

3.5. Prohibited personnel action . '..,_-, 

Police detective set forth a prima facie case that 
the Metropolitan Police Department (MPD) retali- 
ated against him in violation of the District of 
Columbia Whistleblower Protection Act (DCWPA) 
after he made a protected disclosure about the 
MPD's alleged mismanagement in investigating 
and tracking missing children and juvenile offend- 
ers, even though the District of Columbia argued 
that detective did not suffer an adverse employ- 
ment action because the MPD chief rejected 
MPD's recommendation that detective receive cer- 
tain penalties; MPD recommended demotion, sus- 
pension, and involuntary transfer or reassignment 
as penalties for detective's alleged misdeeds, and 
such recommendations constituted a "prohibited 
personnel action" under the DCWPA. Adams v. 
D.C., 139 WLR 1101 (Super. Ct. 2011). 

4. Weight and sufficiency of evidence 

District of Columbia failed to establish that em- 
ployee had "conceded" applicability of "ministerial 
or nondiscretionary investigation" exception in her 
retaliation case, which involved conduct that tran- 
, spired several years before District of Columbia 
Whistleblower Protection Amendment Act (DC- 
WPAA) became effective, or should be judicially 



§ 1-615.53. Prohibitions. 



D.C, OFFICIAL CODE 

estopped from contesting application of DC-WPAA 
insofar as it pertained to application of that excep- 
tion. Williams v. District of Columbia, 2011, 825 
F.Supp.2d88. District of Columbia ®=> 7 ' ;; 

Fact that District of Columbia Department of 
Consumer and Regulatory Affairs (DCRA) em- 
ployee apparently never received the back pay that 
he was owed when he was reinstated after being 
terminated established that he was deprived of 
property, but it did not establish that he was 
denied the process he was due under the Fifth 
Amendment, and instead employee received all the 
process due him under the Fifth Amendment, , in 
the form of a notice and a post-termination appeal 
process that ultimately led to r the rescission of. Jus 
termination; employee opted to pursue his right to 
contest his removal before a hearing officer, 
DCRA made a- final decision following the hearing 
officer's report, and employee failed to exhaust his 
administrative remedies as to his breach of con- 
tract claim for his back pay. Payne v. District of 
-, Columbia, 2011, 808 F.Supp.2d 164. Constitutional 
'Law ®=> 4172(6); District of Columbia ®=> 7 

: 5. Summary judgment 

,• Genuine issues of material fact existed as to 
whether female employees were terminated from 
their positions with District of Columbia Depart- 
ment of Parks and Recreation as consequence of 
their complaints of sexual discrimination, preclud- 
ing summary judgment on retaliation claim under 
District of Columbia Whistleblowers Protection 
Act (DCWPA). Byrd v. District of Columbia, 
2011, 807 F.Supp.2d 37, appeal dismissed 2012 WL 
1183730. Federal Civil Procedure ®=> 2497.1 

6. Jury instructions 

In District of Columbia employee's suit for retal- 
iation in violation of District of Columbia Whistle- 
blower Protection Act (DC-WPA), district court 
would decline District's invitation to instruct jury 
on scope of categorical exception for ministerial or 
nondiscretionary investigations and instead would 
provide jury with parties' agreed-upon instruction 
which set forth definition of term "prohibited per- 
sonnel action" prior to District of Columbia Whis- 
tleblower Protection Amendment Act (DGWP^A); 
however, because parties were in agreement ,,th.at 
retaliatory investigation was.actionable both'befpr,e 
and after DC-WPAA, court would revise instruc- 
tion to expressly mention investigations. Williams 
v. District of Columbia, 2011, 825 -F.Supp.2d. 88. 
District of Columbia €=36 ■ '• ' ■ ; ••' ■ " ; ' 

• !.' ■!. .Mi.; ii!-:i'. 

; .-i| '■.■■■!■ ■■!'■; 

■■ .•■•■., !'! l Mi)i;: ,, ii 
■ .'■;•■.' •,;« 



Notes of Decisions 



1. Construction arid application 

In employee's suit under District of Columbia 
Whistleblower Protection Act (DC-WPA), district 
court would, in exercise of its discretion, decline 
employee's request for instruction addressing cate- 
gories of evidence that jury should consider in 
connection with District's burden of proof on its 



"same action" affirmative defense; parties had al- 
ready agreed to instructions that would adequately 
present legal principles and standards to jury, and 
proposed instruction was more likely to confuse 
and mislead jury than crystallize issues relevant to 
its deliberations. Williams v. District of Columbia, 



68 



GOVERNMENT OF DISTRICT 

2011, 818 F.Supp.2d 202. Federal Civil Procedure 
«=> 2173.1(2) 

1.7. Protected disclosures 

District of Columbia Public Schools (DCPS) Di- 
vision of Transportation (DOT) employees satisfied 
protected disclosure element of prima facie case 
under District of Columbia Whistleblower Protec- 
tion Act (DCWPA) through oral and written state- 
ments regarding their supervisor, although their 
statements to Transportation Administrator about 
their supervisor's discriminatory treatment of Hai- 
tians and kickback scheme did not warrant WPA 
protection since he already was aware of those 
fraudulent activities; no pleading suggested that 
Mayor's office or DOT Assistant Manager knew of 
scheme before employees disclosed it to them, and 
Transportation Administrator allegedly did not 
know previously that their supervisor accepted 
bribes in exchange for paychecks and allowed her 
boyfriend to use DOT buses for personal purposes, 
employees did not allege that employer retaliated 
against them after they relayed already public 
complaints about perceived abuse, and employees 
pled reasonable belief that supervisor grossly mis- 
managed and abused her authority and violated 
employment discrimination laws. Saint-Jean v. 
District of Columbia, 2012, 846 F.Supp.2d 247., 
Schools ®=» 63(1) 

2. Sufficiency of evidence 

Evidence proffered by discharged employee of 
District of Columbia Department of Consumer and 
Regulatory Affairs (DCRA), who made disclosures 
to city council and media regarding state of eleva- 
tor safety in District, including newspaper articles 
stating that employee had spot-checked more than 
200 inspections performed by third-party compa- 
nies in one year and found problems in every case, 
and describing employee's reputation as whistle- 
blower, and set of e-mails from individuals who 
were contacted by DCRA about employee's distri- 
bution of personal business cards while on official 
duty, did not support inference that real reason for 
employee's suspension and termination was retalia- 
tion for engaging in protected activity, as would 
support employee's claim under District of Colum- 
bia Whistleblower Protection Act (DCWPA). 
Payne v. District of Columbia, 2010, 741 F.Supp.2d 
196, motion to amend denied 808 F.Supp.2d 164. 
District Of Columbia @=» 7 

4.5. Private right of action 

District of Columbia Whistleblower Protection 
Act (DCWPA) did not create private right of action 
against individual supervisors, in action brought by 
discharged employee of District of Columbia De- 
partment of Consumer and Regulatory Affairs 
(DCRA), alleging that he was unlawfully terminat- 
ed from his job as elevator inspector because he 
spoke out publicly about elevator safety and vigor- 
ously enforced elevator safety standards. Payne v. 
District of Columbia, 2010, 741 F.Supp.2d 196, 
motion to amend denied 808 F.Supp.2d 164. Dis- 
trict Of Columbia ®=> 7 



§ 1-615.53 

Note 10 

6. Retaliation 

Legitimate, non-discriminatory reasons prof- 
fered by District of Columbia Department of Con- 
sumer and Regulatory Affairs (DCRA) for termi- 
nating elevator inspector who made disclosures to 
city counsel and media regarding state of elevator 
safety in District, namely,. that Office of Inspector 
General (OIG) report concluded that employee had 
solicited work for his personal business as third- 
party inspector while on duty, in violation of Dis- 
trict Code, and that employee had violated written 
work policies requiring inspectors to contact their 
supervisors for approval before sealing an elevator 
out of service, were not pretext for retaliation 
under District of Columbia Whistleblower Protec- 
tion Act (DCWPA). Payne v. District of Columbia, 
2010, 741 F.Supp.2d 196, motion to amend denied 
808 F.Supp.2d 164. District Of Columbia ©=> 7 

7. Summary Judgment 

Genuine issue of material fact existed as to 
whether a legitimate, non-retaliatory reason set 
forth by the District of Columbia for taking ad- 
verse employment action, against police detective 
after he made a protected disclosure was pretext 
for retaliation, precluding summary judgment on 
detective's claim against the District of Columbia 
for a violation of the District of Columbia Whistle- 
blower Protection Act (DCWPA). Adams v. D.C., 
139 WLR 1101 (Super. Ct. 2011). 

8.5. Abandoned claims 

District of Columbia employees' claim for defa- 
mation by conduct was foreclosed by District of 
Columbia Comprehensive Merit Personnel Act 
(CMPA); one employee neither pled nor argued 
she exhausted her administrative remedies under 
either of CMPA's two approved methods, and 
while two other employees triggered collective bar- 
gaining agreement (CBA) method of CMPA ex- 
haustion by timely filing grievance in writing in 
accordance with provision of negotiated grievance 
procedure, after their Stage 2 grievance hearings 
were cancelled they did not proceed to final three 
steps of grievance procedure which culminate in 
arbitration, nor did they plead that they appealed 
any arbitration decision to Public Employee Rela- 
tions Board. Saint-Jean v. District of Columbia, 
2012, 846 F.Supp.2d 247. District of Columbia ©=> 
7 

10. Review 

In suit under District of Columbia Whistleblow- 
er Protection Act (DC-WPA), it was inappropriate 
for district court to provide District's proposed 
jury instruction in articulating legal standards gov- 
erning employee's hostile work environment 
claims; instead, upon request and with appropriate 
evidentiary foundation, court would consider (a) 
instructing jury to disregard any individual acts 
that were "different in kind" or "remote in time" 
that they could not be part of the same hostile 
work environment and (b) directing jury to avoid 
awarding duplicative damages for the same injury. 
Williams v. District of Columbia, 2011, 825 
F.Supp.2d 88. District of Columbia <&=> 36 



69 



§ 1-615.53 

Note 10 

In District of Columbia employee's suit for retal- 
iation in violation of District of Columbia Whistle- 
blower Protection Act' (DC-WPA), district court 
would decline District's invitation to instruct jury 
on scope of categorical exception for ministerial or 
nondiscretionary investigations and instead would 
provide jury with parties' agreed-upon instruction 
which set forth definition of term "prohibited per- 
sonnel action" prior to District of Columbia Whis- 
tleblower Protection Amendment Act (DC-WPAA); 
however, because parties were in agreement that 
retaliatory investigation was actionable both before 
and after DC-WPAA, court would revise instruc- 
tion to expressly mention investigations. Williams 
v. District of Columbia, 2011, 825 F.Supp.2d 88. 
District of Columbia ©= 36 

11. Presumptions and burden of proof 

District of Columbia set forth a legitimate; non- 
retaliatory reason for taking adverse employment 
action against police detective after he made a 
protected disclosure about the MPD's alleged mis- 
management in investigating and tracking missing 
children and juvenile offenders, so as to .shift the 
burden to detective, who had worked ih l 'tiife miss- 
ing-persons unit of the MPD's YoutH investiga- 



D.C. OFFICIAEiCODE 

tions Division (YID), to show that the stated frear 
son was a pretext for retaliation in violation, of the 
District of Columbia Whistleblower Protection Act 
(DCWPA); detective's supervisors allegedly found 
91 case files that detective had failed to properly 
close and 223 case files that he had failed to 
investigate, no other YID members were alleged to 
have hidden files or failed to close or investigate 
files to the extent that detective failed to do so> 
and MPD's charge against detective for neglect of 
duty appeared plain based on detective's alleged 
failure to close or investigate 314 cases. Adams vl 
D.C., 139 WLR 1101 (Super. Ct. 2011). .: .. r 

12. Notice 

Discharged employee of the District of Columbia 
Department of Consumer and. Regulatory Affairs 
(DCRA) v/as required to provide notice of his 
claims against District of Columbia under District 
of Columbia . Whistleblower Protection Act 
(DCWPA) within, six months after alleged injury or 
damage was sustained, Payne :vi District of Co- 
lumbia, 2010,- 741 F,Supp.2d 196, motion to amend 
denied 808 F.Supp.2d 164. District Of Columbia 
®=36 • ■;:■■. ••'■.'.. ■• : '■■■ y '>; 



§ 1-615.54. Enforcement. 



NbteS of Decisions 



1. Limitations 

Discharged employee of District of Columbia 
Department of Consumer and Regulatory Affairs 
(DCRA) was required to bring claims against 
DCRA under the District of Columbia Whistle- 
blower Protection Act (DCWPA) within one year 
after he first becomes aware of the violation when 
he was given notice of his termination, since em- 
ployee never argued that he did not discover that 
his termination was retaliatory until some later 
date. Payne v. District of Columbia, 2011, 808 
F.Supp.2d 164. District of Columbia <s= 36 

Failure to provide notice of circumstances of 
injury or damage within six months, as required by 
District of Columbia statute, precluded claim un- 
der District of Columbia whistleblower statute. 
Bowie v. Gonzales, 2006, 433 F.Supp.2d 24, af- 
firmed in part 642 F.3d 1122, 395 U.SApp.D.C. 
301, rehearing en banc denied, rehearing denied 
653 F.3d 45, 397 U.S.App.D.C. 357, certiorari de- 
nied 132 S.Ct. 1636, 182 L.Ed.2d 234. District Of 
Columbia ®= 7 

Former employee's claim of District of Columbia 
Whistleblower Protection Act (DCWPA) violations 
was filed within the limitations period for filing 
DCWPA lawsuits to the extent that the claim was 
premised on the termination of former employee's 
job at the Department of Human Services, where 
former employee filed the claim within three years 
of his termination and less than one year after he 
first learned that the termination allegedly violated 
the DCWPA. Davis v. D.C., 138 WLR 2497 (Su- 
per. Ct. 2010). 

. Former employee's claim of District of Columbia 
Whistleblower Protection Act (DCWPA) violations 



was not filed within the limitations period for filing 
DCWPA lawsuits to the extent that the claim was 
premised on certain adverse actions taken by for- 
mer employer, which was the Department of Hu- 
man Services, against former employee, including 
transferring him to a juvenile detention facility and 
failing to assign certain duties to him; former 
employee, by his own theory, knew of the adverse 
actions and their allegedly retaliatory nature as 
they occurred, and former employee filed his claim 
more than one year after the adverse actions'. 
Davis v. D.C., 138 WLR 2497 (Super. Ct. 2010)-. 

1.5. Private right of action 

District of Columbia Whistleblower Protection 
Act (DCWPA) did not create private right of .actifiri 
against individual supervisors, in action broughjffty 
discharged employee of District of ColumjM^Da- 
partment of Consumer and Regulatory.'JAffairs 
(DCRA), alleging that he was unlawfully terminat- 
ed frorirnisjbb as elevator Inspector, becauW 'lie 
spoke out publicly about eievator'safetyanH'Wg'or- 
ously enforced elevator safety standards. .Payne v. 
District of Columbia, 2010," 74l ,F.Supp.2*d. 196, 
motion to amend denied 808 F.Suppid 164! ''* Dis- 
trict Of Columbia ®=> 7 ' " . , J! . h ' s 

2. Evidence . ; li ;ii> 

Evidence proffered by discharged employee of 
District of Columbia Department of Consumer and 
Regulatory Affairs (DCRA), who made disclosures 
to city council and media regarding state of elevav 
tor safety in District, including newspaper articles 
stating that employee had spot-checked more than 
200 inspections performed by third-party compa- 
nies in one year and found problems in every case, 



70 



GOVERNMENT OF DISTRICT 

and describing employee's reputation as whistle- 
blower, and set of e-mails from individuals who 
were contacted by DCRA about employee's distri- 
bution of personal business cards while on official 
duty, did not support inference that real reason for 
employee's suspension and termination was retalia- 
tion for engaging in protected activity, as would 
support employee's claim under District of Colum- 
bia Whistleblower Protection Act (DCWPA). 
Payne v. District of Columbia, 2010, 741 F.Supp.2d 
196, motion to amend denied 808 F.Supp.2d 164. 
District Of Columbia ®= 7 

3. Presumptions and burden of proof 

Although district court, in granting summary 
judgment to District of Columbia Department of 
Consumer and Regulatory Affairs (DCRA) on dis- 
charged employee's District of Columbia Whistle- 
blower Protection Act (DCWPA) claims, improper- 
ly ruled that employee had to provide DCRA 
notice of his claims prior to filing suit, in light of 
the amendments to the DCWPA which eliminated 
the pre-suit notice requirement for all pending 
cases, the court's improper ruling did not provide a 
basis for the court to amend its judgment, since 
employee's claim arising from the only adverse 
action for which he had failed to give pre-suit 
notice was otherwise time-barred. Payne v. Dis- 
trict of Columbia, 2011, 808 F.Supp.2d 164. Fed- 
eral Civil Procedure ®= 2653 

6. Notice 

An amendment that rendered a notice statute, 
specifically the statute prohibiting the maintenance 
of any action against the District of Columbia for 
unliquidated damages unless certain written notice 
was provided to the mayor within six months after 
the injury was suffered or the damage was in- 
curred, inapplicable to District of Columbia Whis- 
tleblower Protection Act (DCWPA) lawsuits ap- 
plied retroactively to a DCWPA claim that was 
brought before the amendment; the notice statute 
was procedural in nature, and the District of Co- 
lumbia Council viewed the elimination of the' notice 
requirement as a change in procedural law. Davis 
v. D.C., 138 WLR 2497 (Super. Ct. 2010). 



§ 1-616.53 

Note 1 

An amendment that changed the limitations pe- 
riod for filing District of Columbia Whistleblower 
Protection Act (DCWPA) lawsuits from one year 
to three years after a violation occurred or one 
year after an employee became aware of a viola- 
tion, whichever occurred first, applied retroactively 
to a DCWPA claim that was brought before the 
amendment; changes in statutes of limitation that 
did not impinge on vested substantive rights also 
constituted changes, in procedural law, and the 
District of Columbia Council viewed the expansion 
of the limitations period as a procedural change. 
Davis v. D.C., 138 WLR 2497 (Super. Ct. 2010). 

7. Retaliation 

Legitimate, non-discriminatory reasons prof- 
fered by District of Columbia Department of Con- 
sumer and Regulatory Affairs (DCRA) for termi- 
nating elevator inspector who made disclosures to 
city counsel and media regarding state of elevator 
safety in District, namely, that Office of Inspector 
General (OIG) report concluded that employee had 
solicited work for his personal business as third- 
party inspector while on duty, in violation of Dis- 
trict Code, and that employee had violated written 
' work policies requiring inspectors to contact their, 
supervisors for approval before sealing an elevator 
out of service, were not pretext for retaliation 
under District of Columbia Whistleblower Protec- 
tion Act (DCWPA). Payne v. District of Columbia, 

2010, 741 F.Supp.2d 196, motion to amend denied 
808 F.Supp.2d 164. District Of Columbia @=> 7 

8. Instructions 

In employee's suit under District of Columbia 
Whistleblower Protection Act (DC-WPA), district 
court would, in exercise of its discretion, decline 
employee's request for instruction addressing cate- 
gories of evidence that jury should consider in 
connection with District's burden of proof on its 
"same action" affirmative defense; parties had al- 
ready agreed to instructions that would adequately 
present legal principles and standards to jury, and 
proposed instruction was more likely to confuse 
and mislead jury than crystallize issues relevant to 
its deliberations. Williams v. District of Columbia, 

2011, 818 F.Supp.2d 202. Federal Civil Procedure 
<s=> 2173.1(2) 



Subchapter XVI-A. General Discipline and Grievances. 



§ 1-616.53. Grievances. 



Notes of Decisions 



Due process 1 



1. Due process 

Retired police officers who were first employed 
by District of Columbia before 1987 and were 
rehired by District after 2004 were not deprived of 
procedural due process when their paychecks were 



reduced by offset for pension payments, as they 
were provided notice of offset months before it 
became effective and opportunity to challenge im- 
pending offset but neglected to avail themselves of 
dispute resolution procedures under Comprehen- 
sive Merit Protection Act (CMP A). Cannon v. 
District of Columbia, 2012, 2012 WL 2673097. 
Constitutional Law <&=> 4170; District of Columbia 
@=7 



71 



§.•1*621.09 " ^ dc. OFFieiM^eoDE 



:,,:l : Subchapter XXI. Health Benefits. ■ : v. bm; 

§ 1-621.09. District contribution. :'""''". 

■■ ' ' .' • . ' ! ' ' .^Hl 

., "• '•' ■■■'■ -. .■■■■. . ■ I •: ,- : ;:;h 

Historical and Statutory Notes ; ,,, 

Emergency Act Amendment's For temporary (90 day) amendment of section,' 

For temporary (90 day) amendment 'of section, see § 1012 of Fiscal Year 2013 Budget Support: 

see § 1012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012; 

Emergency Act of 2012 (D.C. Act 19-383, June 19,, (B.C. Act 19-413, July 25, 2012, 59 DCR 9290)i 

2012, 59 DOR 7764). .» ' ■' , ■,■•,;,,;:;! 

Subchapter XXIII. Public Sector Workers' Compensation. ..,,.. ,,..j 
§1-623.06. Partial disability. ;' 5 . ';, '„ , ' ! 

Historical and Statutory Note? t < 

Emergency Act Amendments ''■.:;. o For temporary (90 'day) amendment of seotioh, 1 

For temporary (90 day) amendment 'Of section, see §' 1032(a) of Fiscal Yea? 2013 Budget Support 

see § 1032(a) of Fiscal Year 2013 Budget Support Congressional' Review Emergency Act Of 2012 

Emergency Act of 2012 (D.C. Act 19-383,' June 19, (B.C. Act 19^413, July 25, 2012, 59 DCR 9290); 

2012, 59 DCR 7764). „ , .. ■ -.v. ■ ■. ; '•« „■■ ■ ., ,.>■; 

: ' , ' • r ' ,■■'■■ " - •' ' : ■■■■■■ i, : : • ':;•! 

§ 1-623.13. Increase, decrease, or suspension of compensation. '' 

Historical and Statutory Notes '.''.' 

Emergency Act Amendments : For temporally (90 day) amendment of section,! 

: ■ For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support, 

see § 1032(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-583, June 19, (D.C Act 19-413, July 25, 2012, 59 DCR 9290)^ 
2012, 59 DCR 7764). 

Subchapter XXIX. Employee Debt Set-Offs. 
§1-629.04. Collection of debts.";,; 

Historical and Statutory Notes 

Emergency Act Amendments .,,,,:. ' For temporary (90 day) addition of section, see: 

,, For temporary (90 day) addition of section, see. § : 1055 of Fiscal Year 2013 Budget Support Con-- 

§ 1055 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act of .2012 (D.C; 

gency Act of 2012 (D.C. Act 19-383, June 19, 2012,, Act 19-413, July 25; 2012, 59 DCR 9290). ',-., ■ 

59DCR7764). ':"' /:, " ." ; , '■. .','. .,' ^ ,, ' "• ; 'V .. 



Chapter 9 



..';'L'i ,< ",'.H'»I.!'7« 



Police Officers, Fire Fighters, and Teacher^ .$,e.Mfi-t « 
Retirement Benefit Replacement Plan. 



Subchapter IV. Financing of 
Retirement Benefits. 

Section 

1-907.03. Calculation of District of Columbia pay- 
ment to the Funds. ■■■-,:' 



'.)'[(} 



72 



GOVERNMENT OF DISTRICT 



§ 1-1001.05 



Subchapter IV. Financing of Retirement Benefits. 
§ 1-907.03. Calculation of District of Columbia payment to the Funds. 



Historical and 

Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 1062 of Fiscal Year 2013 Budget Support 
Emergency Act of 2012 (D.C. Act 19-383, June 19, 
2012, 59 DCR 7764). 

For temporary (90 day) addition of section, see 
§ 1063 of Fiscal Year 2013 Budget Support Emer- 
gency Act of 2012 (D.C. Act 19-383, June 19, 2012, 
59 DCR 7764). 



Statutory Notes 

For temporary (90 day) amendment of section, 
see § 1062 of Fiscal Year 2013 Budget Support 
Congressional Review Emergency Act of 2012 
(D.C. Act 1M13, July 25, 2012, 59 DCR 9290). 

For temporary (90 day) addition of section, see 
§ 1063 of Fiscal Year 2013 Budget Support Con- 
gressional Review Emergency Act of 2012 (D.C. 
Act 19-413, July 25, 2012, 59 DCR 9290). 



Chapter 10 
Elections. 



Subchapter I. Regulation of Elections. 



Section 

1-1001.05. 
1-1001.07. 
1-1001.08. 



1-1001.09. 



Board of Elections — Duties. 

Voter. 

Qualifications of candidates and 
electors; nomination and election of 
Delegate, Mayor, Chairman, mem- 
bers of Council, and members of 
Board of Education; petition re- 
quirements; arrangement of ballot. 

Secrecy required; place of voting; 
watchers; challenged ballots; assis- 
tance in marking ballot or operating 
voting machine; more than 1 vote 
prohibited; unopposed candidates; 
availability of regulations at polling 
place; deposit, inspection, and de- 
struction of ballots. 



Subchapter VII. Accommodations for 
Military and Overseas Voters. 

1-1061.01. Short title. 
1-1061.02. Definitions. 
1-1061.03. Elections covered. 



Section 

1-1061.04. Role of Board. 

1-1061.05. Overseas voter's registration address. 

1-1061.06. Methods of registering to vote. 

1-1061.07. Methods of applying for military-over- 
seas ballot. 

1-1061.08. Timeliness and scope of application for 
military-overseas ballot. 

1-1061.09. Transmission of unvoted ballots. 

1-1061.10. Timely casting of ballot 

1-1061.11. Federal write-in absentee ballot. 

1-1061.12. Receipt of voted ballot. 

1-1061.13. Declaration. 

1-1061.14. Confirmation of receipt of application 
and voted ballot. 

1-1061.15. Use of voter's electronic-mail address. 

1-1061.16. Publication of election notice. 

1-1061.17. Prohibition of nonsubstantive require- 
ments. 

1-1061.18. Equitable relief. 

1-1061.19. Uniformity of application and con- 
struction. 

1-1061.20. Relation to Electronic Signatures in 
Global and National Commerce Act. 



Subchapter I. Regulation of Elections. 



§ 1-1001.05. Board of Elections— Duties. 

(a) The Board shall: 

(1) Accurately maintain a uniform, interactive computerized voter registration list which, 
shall serve as the official voter registration list for all elections in the District, and shall 
contain the name, registration information, and a unique identifier assigned for every 
registered voter in the District. The voter registration list shall be administered pursuant 
to the Help America Vote Act of 2002 and pertinent federal and local law, and shall be 
coordinated with other District agency databases; 

(2) Take whatever action is necessary and appropriate to actively locate, identify, and 
register qualified voters; 

(3) Conduct elections; 

(4) Provide for recording and counting votes by means of ballots or machines or both; 

73 



§ 1-1001.05 ; DC: OFFICIAIu0OBE» 

(5) Publish in the District of Columbia Register no later than 45 days before each 
election held under this subchapter, a fictitious name sample design and layout of the ballot 
to be used in the election. This requirement shall not apply to any special election to^fill a; 
vacancy in an Advisory Neighborhood Commission single-member district; 

(6) Publish in 1 or more newspapers of general circulation in the District, a sample copy 
of the official ballot to be used in any such election, provided, however, nothing contained 
herein shall require the publication of a sample copy of the official ballots to be used in the''" 
advisory neighborhood commissions' elections; ,'.,., 

(7) Publish in the District of Columbia Register on the 3rd Friday of every month, ,the I 
total number of qualified electors registered to vote in the District as of the last day of the'J 
month preceding publication. Such notice shall be broken down by ward and political party 
affiliation, where applicable, and shall list the total number of new registrants, party- 
changes, cancellations, changes of names, and/or addresses processed under each category; | 

(8) Divide the District into appropriate voting precincts, each of which shall contain at ' 
least 350 registered persons; draw precinct lines within election wards created by the 
Council, subject to the approval of the Council, in whole or in part, by resolution; 

(9) Operate polling places; 

(10) Provide information regarding procedures' for voter registration and absentee 
ballots to absent uniformed services voters and overseas voters in United States elections, 
accept valid voter registration applications, absentee ballot ' applications; and 'absentee 
ballots including write-in ballots from all of those voters, and comply with the Uniformed ,, 
and Overseas Citizens Absentee Voting.Act, approved August 28, 1966 (100 Stat. 924; i; '42r 
U.S.C. § 1873ffeise<7.); . ^;'^„ !. a"o«M 

(11) Certify nominees and the results of elections; :: ' ! i ' "iioor t 

(12) Take all reasonable steps to inform; all residents and voters of elections and means 
of casting votes therein; 

(13) Repealed; '■ ; 1: ;' 

(14) Issue such regulations and expressly delegate authority to officials and employees of 
the Board (such delegations of authority only to be effective upon publication in the District' 
of Columbia Register) as are necessary to carry out the purposes of this subchapter, 
Chapter 11A of this title, subchapter VII of this chapter, and related acts requiring 
implementation by the Board. The regulations authorized by this paragraph include those 
necessary to: Determine that candidates meet the statutory qualifications for office; define 
the form of petitions; establish rules for the circulation and filing of petitions; establish 
criteria to determine the validity of signatures on petitions; and provide for the registration 
of any political party seeking to nominate directly candidates in any general or special 
election; 

(15) Take reasonable steps to facilitate voting by blind persons and persons with physical 
and developmental disabilities, qualified to vote under this subchapter, and to authorize 
such persons to cast a ballot with the assistance of a person of their own choosing;.. 

(15A) At the request of a candidate, consider what action, if any, should be taken to 
clarify the identity of a candidate if there is potential for confusion among voters about the 
identity of a candidate because of the similarity of his or her name |p another candidate or 
elected official; and ' '"''■•■ ■" ' ■ : —-"'•' 5fj 

(16) Perform such other duties as are imposed upon it by this subchapter; and, 

(17) Perform duties imposed upon it by subchapter VII of this cliapter! kl " u ''"'~ '' "' '' 
(a-l)(l) The Board shall hold regular monthly meetings in accordance with a schedule'ito 

be established by the Board. Additional meetings may be called as "needed by the Board. 
Except in the case of an emergency, the Board shall provide at least 48 hours notice, of'.any 
additional meeting. ; upturn 

(2) The Board shall make available for public inspection and post On its website'' a 
' proposed agenda for each Board meeting as soon as practicable, but in any event at least>24 

hours before a meeting. Copies of the agenda shall be available to the public at "the 
meeting. The Board, according to its rules, may amend the agenda at the meeting. 

(3) All meetings of the Board shall be open to the public, unless the members vbteto 
enter into executive session. The Board shall not vote, make resolutions or rulings, or take 
any actions of any kind during executive session, except those that: 

74 



GOVERNMENT OF DISTRICT § 1-1001.05 

(A) Relate solely to the internal personnel rules or practices of the Board; 

(B) Would result in the disclosure of matters specifically exempted from disclosure by 
statute; provided, that the statute: 

(i) Requires that the matters be -withheld from the public in such a manner as to 
leave no discretion on the issue; or 

(ii) Establishes particular criteria for -withholding or refers to particular types of 
matters to be -withheld; 

(C) Would result in the disclosure of trade secrets and commercial or financial 
information obtained from a person and privileged or confidential; 

(D) Involve accusing any person of a crime or formally censuring any person; 

(E) Would result in the disclosure of information of a personal nature where disclosure 
would constitute a clearly unwarranted invasion of personal privacy; 

(F) Would result in the disclosure of investigatory records compiled for law enforce- 
ment purposes or information which, if written, would be contained in the records, but 
only to the extent that the production of the records or information would: 

(i) Interfere with enforcement proceedings; 

(ii) Deprive a person of a right to a fair trial or an impartial adjudication; 

(iii) Constitute an unwarranted invasion of personal privacy; or 

(iv) Disclose investigative techniques and procedures; or 

(G) Specifically concern the Board's issuance of a subpoena, the Board's participation 
in a civil action or proceeding, or disposition by the Board of a particular matter involving 
a determination on the record after opportunity for a hearing. 

(4) The Board shall keep the minutes of each meeting of the Board and shall make the 
minutes of each meeting available to the public for inspection and distribution, and shall 

■ post the minutes on the Board's website, as soon as practicable, but in all cases before the 
next regularly scheduled meeting. 
(b)(1) The Board shall, on the 1st Tuesday in April of each presidential election year, 

conduct a presidential preference primary election within the District of Columbia in which 

the registered qualified voters therein may express their preference for candidates of each 

political party of the District of Columbia for nomination for President. 

(2) No person shall be listed on the ballot as a candidate for nomination for President in 
such primary unless there shall have been filed with the Board no later than 90 days before 
the date of such presidential primary election a petition on behalf of his or her candidacy 
signed by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of 
Columbia who are registered under § 1-1001.07, and of the same political party as the 
nominee. 

(3)(A) Candidates for delegate and alternates where permitted by political party rules to 
a particular political party national convention convened to nominate that party's candidate 
for President shall be listed on the ballot of the presidential preference primary held under 
this subchapter as: 

(i) Full slates of candidates for delegates supporting a candidate for nomination for 
President if there shall have been filed with the Board, no later than 90 days before 
the date of such presidential primary, a petition on behalf of such slate's candidacy 
signed by the candidates on the slate, and by at least 1,000, or 1%, whichever is less, of 
the qualified electors of the District of Columbia who are registered under § 1-1001.07 
and are of the same political party as the candidates on such slate; 

(ii) Full slates of candidates for delegates not committed to support any named 
candidate for nomination for President if there shall have been filed with the Board, no 
later than 90 days before the date of such presidential primary, a petition on behalf of 
such slate's candidacy, signed by the candidates on the slate and by at least 1,000, or 
1%, whichever is less, of the qualified electors of the District of Columbia who have 
registered under § 1-1001.07 and are of the same political party as the candidates on 
such slate; 

(iii) An individual candidate for delegate supporting a candidate for nomination for 
President if there shall have been filed with the Board, no later than 90 days before 
the date of such presidential primary, a petition on behalf of such candidate, signed by 

75 



§1-1001.05 D.C. OFFICIAL CODE) 

the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of 

;•■ the District of Columbia who have registered under § 1-1001.07 and are of the same 

*■ political party as the candidate; or ;.■ 

i ,.■: (iv) An individual not committed to support any named candidate for nomination for 

President if there shall have been filed with the Board, no later than 90 days before 

the date of such presidential primary, a petition on behalf of such candidate, signed by 

the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of 

i , the District of Columbia who have registered under § 1-1001.07 and are of the same 

political party as the candidate. 

(B) No candidate for delegate or alternate may be listed on the ballot unless such 
candidate was properly selected according to the rules of his political party relating to 
the nomination of candidates for delegate or alternate. 

(C) The governing body of each eligible party shall file with the Board, no later than 
180 days prior to the presidential preference primary election: 

(i) Notification of that party's intent to conduct a presidential preference primary; 
and ■...'.".'.' -, -, I '' '' 

(ii) A plan for the election detailing the procedures to be followed in the selection of 
individual delegates and alternates to the convention of that party, including proce- 
dures for the selection of committed and uncommitted delegates. ; "' ' 

(4) The Board shall: > - : '<-' = 

(A) Arrange the ballot for the presidential preference primary so a's 1 to enable each 
voter to indicate his or her choice for presidential nominee and for the slate of delegates 
and alternates pledged to support that prospective nominee with 1 mark, and provide an 
alternative to vote for individual delegates or uncommitted slates of delegates; and 

(B) Clearly indicate on the ballot the candidate for nomination for President which a 
slate or candidate for delegate supports, or name of the person who shall manage an ' 
uncommitted slate of delegates. 

(5) The delegates and alternates, of each political party in the District of Columbia to the 
national convention of that party convened for the nomination of that party for President; .: 
elected in accordance with this subchapter, shall only be obliged to vote for the candidate 
whom he or she has been selected to represent in accordance with properly promulgated •■ 
rules of the political party, on the 1st ballot cast at the convention for nominees for 
President, or until such time as such candidate to whom the delegate is committed 
withdraws his candidacy, whichever': 1st occurs. 

(e) Each member of the Board and persons authorized by the Board may administer oaths 
to persons executing affidavits pursuant to § 1-1001.08. It may provide for the administering 
of such other oaths as it considers appropriate to require in the performance of its functions. 

. (d) The Board may permit either persons temporarily absent from the District or persons 
physically unable to appear personally at an .official registration place, to register, for the 
purpose of voting in any election held under this subchapter.' .. ' ■." : . ; :''•:, 'i 

(e)(1)(A) The Board shall select, employ, and fix the compensation for aft Executive 
Director and "such staff the Board deems necessary, subject to the pay limitations of 
§ 1-611.16. The Executive Director shall serve at the pleasure of the' Board; The Board, at 
the request of the Director of Campaign Finance, shall provide employees; subject 'to the 
compensation provisions of this paragraph, as requested to carry Out the powers and duties of 
the Director. Employees assigned to the Director shall, while so assigned, be under the 
direction and control of the Director and may not be reassigned without the concurrence of 
the Director. 

(B) The Executive Director shall be a District resident throughout his or her term and 
failure to maintain District residency shall result in a forfeiture of the position. 

(C) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified 
District resident applicant shall receive an additional 10-point preference over a qualified 
non-District resident applicant for all positions within the Board unless the applicant 
declines the preference. This 10-point preference shall be in addition to, and not instead 
of, qualifications established for the position. All persons hired after February 6, 2008, 

. shall submit proof of residency upon employment in a manner determined by the Board. 
An applicant claiming the hiring preference under this section shall agree in writing to 

76 



GOVERNMENT OF DISTRICT § 1-1001.05 

maintain bona fide District residency for a period of 7 consecutive years from the 
effective date of hire and shall provide proof of bona fide residency annually to the 
director of personnel of the Board for the first 7 years of employment. Failure to 
maintain District residency for the consecutive 7-year period shall result in forfeiture of 
employment. The Board shall submit to the Mayor and Council annual reports detailing 
the names of all new employees, their pay schedules, titles, and place of residence. 

(2) No provision of this subchapter shall be construed as permitting the Board to appoint 
any personnel who are not full-time paid employees of the Board to preliminarily determine 
alleged violations of the law affecting elections, conflicts of interest, or lobbying. 

(3) The Board may appoint a General Counsel to serve at the pleasure of the Board. The 
General Counsel shall be entitled to receive compensation at the same rate as the Executive 
Director of the Board and shall be responsible solely to the Board. The General Counsel 
shall perform such duties as may be delegated or assigned to him or her by rule or order of 
the Board. 

(4)(A) The Board shall select, appoint, and fix the compensation of temporary election 
workers to operate the polling places, including precinct captains who shall oversee the 
operations of polling places in accordance with rules prescribed by the Board, and polling 
place workers who shall assist the precinct captains. Precinct captains shall be qualified 
registered electors in the District. Polling place workers shall.be qualified registered 
electors in the District; provided, that the Board may also appoint as polling place workers 
individuals who are at least 16 years of age on the day that they are working in this 
capacity, who reside in the District of Columbia, and who are enrolled in or have graduated 
from a public or private secondary school or an institution of higher education. Any polling 
place worker shall be required to: 

(i) Complete at least 4 hours of training; 

(ii) Receive certification as a polling place worker under standards that the Board 
shall promulgate; and 

(iii) Take and sign an oath of office to honestly, faithfully, and promptly perform the 
duties of office. 

(B) The Board shall establish standards to measure the performance of polling place 

workers, including the past performance of a polling place worker, and shall consider the 

polling place worker's past performance before appointing him or her to work as a 

polling place worker in a subsequent election. 

(f)(1) The Board shall prescribe such regulations as may be necessary to ensure that all 

persons responsible for the proper administration of this subchapter maintain a position of 

strict impartiality and refrain from any activity which would imply. support or opposition to: 

(A) A candidate or group of candidates for office in the District of Columbia; or 

(B) Any political party or political committee. 

(2) As used- in this subsection, the terms "office", "political party", and "political 
committee" shall have the same meaning as that prescribed in § 1-1161.01. 
(g) Notwithstanding provisions of the District of Columbia Administrative Procedure Act 
(§ 2-501 et seq.), the Board may hear any case brought before it under this subchapter or 
under Chapter HA of this title by 1 member panels. An appeal from a decision of any such 1 
member panel may be taken to either the full Board or to the District of Columbia Court of 
Appeals, at the option of any adversely affected party. If appeal is taken directly to the 
District of Columbia Court of Appeals, the decision of a 1 member panel shall be, for purposes 
of such appeal, considered to be a final decision of the Board. If an appeal is taken from a 
decision of a 1 member panel to the full Board, the decision of the 1 member panel shall be 
stayed pending a final decision of the Board. The Board may, upon a vote of the majority of 
its members, hear de novo all issues. of fact or law relating to an appeal of a decision of a 1 
member panel, except the Board may decide to consider only the record made before such 1 
member panel. A final decision of the full Board, relating to an appeal brought to it from a 1 
member panel, shall be appealable to the District of Columbia Court of Appeals in the same 
manner and to the same extent as all other final decisions of the Board. 

(h)(1) The Board, pursuant to regulations of general applicability, shall have the power to: 
(A) Require by subpoena the attendance and testimony of witnesses and the produc- 
tion of documents relating to the execution of the Board's duties; and 

77 



§1-1001.05 D.G. OFFICIAL CODE 

(B) Order that testimony in any proceeding or investigation be taken by deposition 
■ before any person who is designated by the Board, and has the power to administer 
oaths and, in these instances, to compel the attendance and testimony of witnesses, and 
the production of documents by subpoena. .:,.v.;m 

(2) The Board may petition the Superior Court of the District of Columbia to enforce the 
subpoena or order, in the case of a refusal to obey a subpoena or order of the BoardjiS^ued 
pursuant to this subsection. Any person failing to obey the Court's order, may, be fteld in 
contempt of court. " : , i; < •, <-,:■'•-;} ' -w.at-mu vim 

(i) The Board shall cause the following information to be posted at .each. pQlling : .plae,es;oitlthe 
day of each election for federal office: \ ■ -,...-■'■;■.■: ",'i.iaf [i*nicf J -jiIT ff!) 

(1) A sample version of the ballot that will be used for the' 'electidri^ri;: i;. ;:i\::> <' ) [r.viiyO 

(2) The election and the hours during which polling places' will 'beloperi; nd-i 'In -lob'viiG 

(3) Instructions on the proper mannerof completing a^'b^Ioti-irielfadlftgia;^spe'cia]iMl'ot; 

(4) Instructions for mail-in registrants and first-time voters under section 303(b) of'the 
' Help America Vote Act of 2002; ' ■■ ■'■":■/•-; h-v.oi* •, ■ ■' » "> 

(5) General information on voting rights under applicable federal and District laws, 
including the right to cast a special ballot and instructions to contact the appropriate 
officials if these rights are alleged to have been violated, and; • ; < ' 

(6) General information on federal and District law regarding prohibitions Oil acts of 
voter fraud and misrepresentation. •'■■>.•-. 

(j) Not later than 90 days after the date of each regularly scheduled general election' for 
federal office, the Board shall submit to the Mayor a report, in the format established by ; the 
United States Election Assistance Commission, on the number of absentee ballots sent 'to 
absent uniformed services voters and overseas voters for the election and the number of 
ballots which were returned by those voters to the Board. The report shall be transmitted by 
the Mayor to the United States Election Assistance Commission, and shall be made available 
to the general public. 

(k) Within 90 days following a general election, the Board shall publish on its website an 
after-action report. The report shall include the following information: ; , 

(1) The total number of votes cast, broken down by type of ballot, and including the 
number of spoiled ballots and special ballots that were not counted; 

(2) The number of persons registered: ■.,,•} 

(A) More than 30 days preceding the election; "; 

(B) Between 30 days preceding the election and the date of the election; and : if t 

(C) On the date of the election; >■„■■■■■■■,■■; 
. (3) The number of polling place workers, by precinct; , i ,'t ;-, 

(4) Copies of any unofficial summary reports generated by the Board On election night; 

(5) A synopsis of any issues identified in precinct captain or area representative logs; 

(6) Performance measurement data of polling place workers; 

(7) A description of any irregularities experienced on election day; and . •, • 
:< ■ (8) Any other information considered relevant by the Board. 

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 5; Oct. 4, 1961, 75 Stat. 817-, Pub. L. 87-389, § 1(3), (4), (5), (6);. 
Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(3); Dec. 23, 1971, 85 Stat. 789, Pub. L. 92-220, § l(5)-(7),' 
(28), (29); Aug. 14, 1973, 87 Stat. 311, Pub. L. 93-92, § l(2)-(7); Jan. 3, 1975, 88 Stat. 2177, Pub. L. 93-635, 
§ 13; Dec. 16, 1975, D.C. Law 1-37, § 2(1), (2), 22 DCR 3426; Dec. 16, 1975, D.C. Law M8, § 4, 22 DCR 
3433; Feb. 17, 1976, D.C. Law 1-45, § 2, 22 DCR 4678; Sept. 2, 1976, D.C. Law 1-79, title I, § 102(5), (6), 
title V, §§ 502, 503, 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title I, § 103(b), title III, § 301(c)-(f), 
title IV, § 402, 24 DCR 2372; June 28, 1977, D.C. Law 2-12, § 6(j), 24 DCR 1442; Aug. 18, 1978, D.C, 
Law 2-101, § 2, 25 DCR 257; Mar. 3, 1979, D.C. Law 2-139, § 3205(v), 25 DCR 5740; Oct. 8, 1981, D.C. 
Law 4-35, § 3, 28 DCR 3376; Mar. 16, 1982, D.C. Law 4-88, § 2(d), (p), (q), 29 DCR 458; July 1, 1982, 
D.C. Law 4-120, § 2(a), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(b), 30 DCR 3196; Oct. 9, 1987; 
D.C. Law 7-36, § 3, 34 DCR 5321; Mar. 16, 1988, D.C. Law 7-92, § 3(a)-(c), 35 DCR 716; Mar. 11, 1992, 
D.C. Law 9-75, § 2(a), 39 DCR 310; Oct. 20, 1999, D.C. Law 13-40, § 2, 46 DCR 6550; June 21, 2003, D.C; 
Law 15-18, § 2(a), 50 DCR 3389; Sept. 30, 2004, D.C. Law 15-188, § 2, 51 DCR 6732; Dec. 7, 2004, D.G. 
Law 15-218, § 2(b), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(a), 52 DCR 10637; Apr. 24, 2007y 
D.C. Law 16-305, § 6(a), 53 DCR 6198; Oct. 18, 2007, D.C. Law 17-26, § 2(b), 54 DCR 8018; Feb. 6, 2008,t 
D.C. Law 17-108, § 205, 54 DCR 10993; Feb. 4, 2010, D.C. Law 18-103, § 2(c), 56 DCR 9169; Mar.-31, 

2011, D.C. Law 18-330, § 2(a), 58 DCR 20; June 16, 2011, D.C. Law 19-7, § 2(a), 58 DCR 3882; Aprr27, 

2012, D.C. Law 19-124, § 501(g)(4), 59 DCR 1862; June 5, 2012, D.C. Law 19-137, §§ 121(a), 201(a), 59 
DCR2542.) , i '■......;;• 

78 



GOVERNMENT OF DISTRICT § 1-1001.07 

Historical and Statutory Notes 

Effect of Amendments and, in subsees. (b)(2), (3)(A)(i) to (iv), substituted 

D.C. Law 19-137, in subsec. (a), substituted "90 days" for "60 days", 

"subchapter VII of this chapter, and related acts" Le „ is i ative wistorv of Laws 

for "and related acts" in par. (14), deleted "and" ^ e S lslatlve history or i,aws 

from the end of par. (15), substituted"; and" for a For history of Law 19-137, see notes under 

period the end of par. (16), and added par. (17); § 1-309.05. 

§ 1-1001.07. Voter. 

(a) No person shall be registered to vote in the District of Columbia unless; 

(1) He or she meets the qualifications as a qualified elector as defined in § 1-1001.02(2); 

(2) He or she executes an application to register to vote by signature or mark (unless 
prevented by physical disability) on a form approved pursuant to subsection (b) of this 

. section or by the Federal Election Commission attesting that he or she meets the 
requirements as a qualified elector, and if he or she desires to vote in party election, this 
form shall indicate his or her political party affiliation; and 

(3) The Board approves his or her registration application as provided in subsection (e) 
of this section. 

(a-l)(l) No application for voter registration may be accepted or processed by the Board 
unless the application includes: 

(A) The driver's license number of the applicant, or 

(B) The last 4 digits of the social security number of an applicant who has not been 
issued a current and valid driver's license. 

(2) If an applicant has not been issued a current and valid driver's license or a social 
security number, the Board shall assign the applicant the unique identifier assigned 
pursuant to § l-1001.05(a)(l). 

(a-2) A person who is otherwise qualified may pre-register on or after that person's 16th 
birthday and may vote in any election occurring on or after that person's 17th birthday; 
provided, that the person is at least 18 years of age on or before the next general election. 

(b) In administering the provisions of subsection (a)(2) of this section: 

(1) The Board shall prepare and use a registration application form that meets the 
requirements of the National Voter Registration Act of 1993 and of the Help America Vote 
Act of 2002, and in which each request for information is readily understandable and can be 
satisfied by a concise answer or mark. 

(2) Mail-in voter registration application forms approved by the Board shall meet the 
requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 
Stat. 77; 42 U.S.C. § 1973gg et seq.) and the Help America Vote Act of 2002, shall be 
designed to provide an easily understood method of registering to vote by mail, and shall be 
mailed to the Board with postage prepaid. These forms shall have printed on them, in bold 
face type, the penalties for fraudulently attempting to register to vote pursuant to 
§ 1-1001. 14(a) and the National Voter Registration Act of 1993. If an applicant fails to 
properly complete the registration form, the Board's registrar shall notify the applicant and 
provide the applicant with an opportunity to complete the form in a timely manner prior to 
the next election. 

(3) The Board shall accept any application form that has been preapproved by the Board 
for the purpose of voter registration and meets the requirements of this subsection or has 
been approved for use by federal legislation or regulation. 

(4) The Board shall provide a field on voter registration forms to allow an applicant to 
indicate his or her interest in working as a polling place worker during the next election. 

(c)(1)(A) Each Bureau of Motor Vehicle Services application (including any renewal applica- 
tion) shall automatically serve as an application to register to vote in the District of Columbia, 
unless the applicant fails to sign the voter registration portion of the application. 

(B) The Bureau of Motor Vehicle Services and the Board shall jointly develop an 
application form that shall allow an applicant who wishes to register to vote to do so by 
the use of a single form that contains the necessary information for voter registration 

79 



§ 1-1001.07 DC; OFFICIAE CODE 

and information required for the issuance, renewal, or correction of the applicant's 

„, ^driver's permit or nondriver's identification card in any motor vehicle services , officii 

(C) The application for voter registration submitted pursuant to this subsection shall 

be considered as an update to any previous voter registration. '>■•" 

,;..(;; (D) Any application submitted for the purpose of a change of address or name 

accepted by the Bureau of Motor Vehicle Services, pursuant to this subsection, shall bei 

considered notification to the Board of the change of address or name unless the 

applicant states on the combined portion of the form that the change of address or name 

is not for voter registration purposes. ....,...•-,. 

(E) The combined portion of the application shall be designed so that the. applicant 
:?>;''. <:anr' '■;...■. .-.■■:'■ 

i 'it: (i) Clearly state whether the change of address or name is for voter, registration 
^purposes; 

(ii) Provide a mailing address, if mail is not received at the residence address'; and 
' '" (iii) State whether he or she is a citizen of the United States. . 
, . (F) On a separate and distinct portion of the form, to be used for voter registration 

' purposes, the applicant shall: 
Si ., (i) Indicate a choice of party affiliation (if any); ( . . , 

(ii) indicate the last address of voter registration (if known); ,and ; ... : .„ '.. ,^; : . ..',.) . Jfr 

(iii) Sign, under penalty of perjury, an attestation, which sets forth the requirements 

r . : for voter registration, and states that he or she meets each of those requirements. 

(G) The instructions for completing the form shall also include a statement that: , 
;.!:;■ »-,. (i) If an applicant declines to register to vote, the fact that the applicant has declined 
to register will remain confidential and will be used only for voter registration 
purposes; and ( 

(ii) If an applicant does register to vote, the office at which the applicant submits a 

voter registration application will remain confidential and will be used only for voter 

:,. registration purposes. ., ,- 

(H) The deadline for transmission of the voter registration application to the Board 

shall be not later than 10 days after the date of acceptance by the Bureau of Motor 

Vehicle Services, except that if a voter registration application is accepted within 5 days 

' before the last day for registration td vote in an election, the application shall be 

transmitted to the Board not later than 5 days after the date of its acceptance. 

(I) An application to register to vote or for change of address, party, or name shall be 

considered received by the Board pursuant to subsection (e) of this section on the date it 

was accepted by the Bureau of Motor Vehicle Services. 

(J) Any form issued by mail for the purposes of correcting or updating a driver's 
permit or nondriver's identification card shall be designed so that the individual may 
State whether the change of address or name is for voter registration purposes and 
provide a mailing address, if mail is not received at the residence address. 
(K) The Board and the Bureau of Motor Vehicle Services shall match information in 
, their respective databases to enable each agency to. verify the accuracy of the .information 
on applications for voter registration. ,, : •:,■',', 

(2) The registration application form shall be designed by the Board to prpvide an easily 
, understood method of registering to vote by mail and shall be mailable to the Board 
postage prepaid. Such forms shall have printed on them in bold face type the penalties for 
fraudulently attempting to register to vote. 

(d)(1)(A) Any agency of the District of Columbia government that provides public assis- 
tance or that operates or funds programs primarily engaged in providing services to persons 
with disabilities shall be designated as a voter registration agency. -. .,. ;• 

(B) In addition to the agencies named in subparagraph (A) of this paragraph, the' 
! Department of Parks and Recreation, the Department of Corrections, the Department Of 
Youth and Rehabilitative Services, and the Office of Aging shall be designated as voter 
1 registration agencies. . . :, 

80 



GOVERNMENT OF DISTRICT § 1-1001.07 

(C) The Mayor may designate any other executive branch agency of the District of 
Columbia government as a voter registration agency by filing written notice of the 
designation with the Board. 

(D) The District shall cooperate with the Secretary of Defense to develop and 
implement procedures for persons to apply to register to vote at Armed Forces 
recruitment offices. 

(2) The agencies named in paragraphs (1)(A), (B), and (C) of this subsection shall: 

(A) Distribute with each application for service or assistance, and with each recertifica- 
tion, renewal, or change of address form relating to the service or assistance, a voter 
registration application, unless the applicant, in writing, declines to register to vote; 

(B) Provide assistance to apphcants in completing voter registration application forms, 
unless the applicant refuses assistance; 

(C) Provide the services described in this paragraph at the person's home, if a voter 
registration agency provides services to a person with a disability at the person's home; 
and 

(D) Accept completed forms and forward these forms to the Board as prescribed in 
this section. 

(3) Each voter registration agency shall, on its own application, document, or on a 
separate form, provide to each applicant for service or assistance, recertification or renewal, 
or change of address the following information: 

(A) The question, "If you are not registered to vote where you live now, would you like 
to apply to register to vote here today?"; 

(B) Boxes for the applicant to check to indicate whether the applicant would like to 
register or decline to register to vote (failure to check either box being deemed to 
constitute a declination to register for purposes of subparagraph (C) of this paragraph, 
together with the statement (in close proximity to the boxes and in prominent type), "IF 
YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE 
DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."; 

(C) The statement, "If you would like help completing the voter registration applica- 
tion form, we will help you. The decision whether to seek or accept help is yours. You 
may complete the application form in private."; 

(D) The statement, "If you believe that someone has interfered with your right to 
register or decline to register to vote, your right to privacy in deciding whether to 
register or in applying to register to vote, or your right to choose your own political party 
or other political preference, you may file a complaint with the chief administrative 
officer of the Board of Elections and Ethics."; the name, title, address, and telephone 
number of the chief administrative officer shall be included on the form; and 

(E) If the voter registration agency provides public assistance, the statement, "Apply- 
ing to register or declining to register to vote will not affect the amount of assistance that 
you will be provided by this agency.". 

(4) No person who provides. a voter registration service at a District of Columbia 
government agency shall: 

(A) Seek to influence an applicant's political preference or party registration; 

(B) Display any political preference or party allegiance; 

(C) Make any statement to an applicant or take any action the purpose or effect of 
which is to discourage the applicant from registering to vote; or 

(D) Make any statement to an applicant or take any action the purpose or effect of 
which is to lead the applicant to believe that a decision to register or not to register has 
any bearing on the availability of services or benefits. 

(5) Each agency that has been designated a voter registration agency in paragraph (1) of 
this subsection shall provide to each applicant who does not decline to register the same 
degree of assistance with regard to the completion of the registration application form as 
provided by the office with regard to the completion of its own forms, unless the applicant 
refuses assistance. 

(6) No information that relates to a declination to register to vote in connection with an 
application made at an office described in this subsection may be used for any purpose 
other than voter registration. 

81 



§1-1001.07 D.C. OFFICIAL :G0KE) 

(7) No voter registration agency shall reveal whether a particular individual completed 
an application to register to vote except when ordered by the officer designated in 
paragraph (12)'(A) of this subsection when a complaint has been filed pursuant to paragraph 
(11) of this subsection or pursuant to § 11 of the National Voter Registration Act of 1993. 

(8) A completed voter registration application or change of address or name accepted at 
a voter registration agency shall be transmitted by the agency to the Board by not later 
than 10 days after its acceptance by the agency, except that if a voter registration 
application is accepted at a voter registration agency office within 5 days before the 
deadline for voter registration in any election, the application shall be transmitted by the 
agency to the Board not later than 5 days after the date of acceptance. 

(9) An application accepted at a voter registration agency shall be considered to have 
been received by the Board pursuant to subsection (e) of this section as of the date of 
acceptance by the voter registration agency. > ■ , 

(10) Notwithstanding any other provision of law, the Board, shall ensure that the identity 
of the voter registration agency through which any particular individual is registered to 
vote is not disclosed to the public. . , | . :( ..., ;,■ : ,, ,,;:>', : ■•■'■-. ■:'' 

(11) An allegation of violation of the National Voter Registration Act of 1993 or of this 
• ■ subchapter may be made in writing, filed with the chief administratiye officer of the. Board 

and detail concisely the alleged violation. ; , ,, : ,.,<,: 

(12)(A) The Board shall designate its chief administrative officer as the official responsi- 
ble for the coordination of the District of Columbia's responsibilities under the National 
Voter Registration Act of 1993 and as the official responsible for the coordination .qfj this 
subchapter. 

(B) The chief administrative officer designated under subparagraph (A) of this.para- 
graph and the Board shall have the authority: ,,,., 

(i) To request any voter registration agency to submit in writing any reports and to 
answer any questions as the chief administrative officer or the Board may prescribe 
that relate to the administration and enforcement of the National Voter Registration 
Act of 1993 and of this subchapter; and 

(ii) To bring a civil action in the Superior Court of the District of Columbia for 
declaratory or injunctive relief with respect to the failure of any voter registration 
agency to comply with the requirements of this subchapter. 
(13) The Board may adopt regulations with respect to the coordination and administra- 
tion of the National Voter Registration Act Conforming Amendment Act of 1994 and the 
National Voter Registration Act of 1993. , n 

(14)(A) Agencies, other than voter registration agencies, may be designated as applica- 
tion distribution agencies. These agencies shall include the District of Columbia Public 
Library, the District of Columbia Fire Department, the Metropolitan Police Depairtment, 
and any other executive agency the Mayor designates :: in,writing; '• ■••-■.•■ 

(B) Each application distribution agency shall request, and the Board shall provide, 
. sufficient quantities of mail-in voter registration applications > for distribution to the 

public. :ihii> ; ^"a : - ,';,.i....'0, *<.;<.; 

(C) These mail-in voter registration applications" shalliibe'^placed in each ; office or 
substation of the agency in an accessible location and injcleari-rview.so that citizens may 

., easily obtain a mail-in voter registration application. : -, ); ,, , ; ■ . ;; j : v, 

(D) Nothing in this subsection shall be deemed to require or permit employees/ of a 
mail-in voter registration application distribution agency to accept completed forms for 
delivery to the Board or to provide assistance in completing an application. 

(e)(1) Within 19 calendar days after the receipt of a registration application form from any 
applicant, the Board shall mail a non-forwardable voter registration notification to; the 
applicant advising the applicant of the acceptance or rejection of the registration application 
by its chief voter registration official. 

(2) If the application is accepted, the notification shall include the applicant's name, 
address, date of birth, party affiliation (if any), ward, precinct and Advisory Neighborhood 
Commission single-member district ("SMD"), the address of the applicant's polling place 
and the hours during which the polls will be open. The voter registration notification shall 
state that the applicant shall not vote before her or his 18th birthday. The Board may 

82 



GOVERNMENT OF DISTRICT § 1-1001.07 

include along with the registration notification any voter education materials it deems 
appropriate. Registration of the applicant shall be effective on the date the Board 
determines that the applicant is a qualified elector and eligible to register to vote in the 
District of Columbia. 

(3) If the application is rejected, the notification shall include the reason or reasons for 
the rejection and shall inform the voter of his or her right to appeal the rejection pursuant 
to subsection (f) of this section. 

(4) If the voter registration notification is returned to the Board as undeliverable, the 
Board shall mail the notice provided in subsection (j)(l)(B) of this section. 

(5)(A) Any duly registered voter may file with the Board objections to the registration of 
any person whom he or she has reason to believe is fictitious, deceased, a disqualified 
■ person, or otherwise ineligible to vote (except with respect to a change of residence), or file 
a request for the addition of any person whose name he or she has reason to believe has 
been erroneously omitted or cancelled from the voter roll. Application for the correction of 
the voter roll or the challenge of the right to vote of any person named on the voter roll 
shall be in writing and include any evidence in support of the challenge that the registrant 
is not qualified to be a registered voter. The Board shall issue regulations establishing an 
expedited procedure for its review of a voter registration challenge or an application for 
correction of the voter roll filed during the period beginning on the 90th day before an 
election and ending on the 45th day before an election. The Board shall not accept a voter 
registration challenge or application for correction of the' voter roll after the 45th day 
before an election. 

(B) The Board shall send notice to any person whose registration has been challenged 
along with a copy of any evidence filed in support of the challenge. The notice shall be 
sent to the address listed on the Board's records. The notice shall state that the 
registrant must respond to the challenge not later than 30 days from the date of the 
mailing of the notice or be cancelled from the voter roll. 

(C) The Board's chief voter registration official shall make a determination with 
respect to the challenge within 10 days of receipt of the challenged registrant's response. 
The determination shall be sent by first class mail to the challenged registrant and the 
person who filed the challenge. Within 14 days of mailing the notice, any aggrieved party 
may appeal, in writing, the chief voter registration official's determination to the Board. 
The Board shall conduct a hearing and issue a decision within 30 days of receipt of the 
written notice of appeal. 

(D) With respect to a request for the addition of a person to the voter roll, if the 
Board's records do not evidence that the individual named has been erroneously omitted 
or cancelled, the Board shall send notice to the individual named in the request and to 
the person who filed the request. The notice shall state that the named individual must 
file a completed voter registration application in order to become a registered voter in 
the District. 

(6) An individual whose registration has been cancelled under this section shall not be 
eligible to vote except by re-registration as provided in this section. 

(f) In the case where a voter registration application is rejected pursuant to subsection (e) 
of this section, the Board shall immediately notify the individual of the rejection by first class 
mail. The individual may request a hearing before the Board on the rejection within 14 days 
after the notification is mailed. Upon the request for a hearing, the Board shall hold the 
hearing within 30 days after receipt of the request. At the hearing, the applicant and any 
interested party, may appear and give testimony on the issue. The Board shall determine the 
issue within 2 days after the hearing. Any aggrieved party may appeal the decision of the 
Board to the Superior Court of the District of Columbia within 3 days after the Board's 
decision. The decision of the Court shall be final and not appealable. If any part of the process 
is pending on the date of any election held under this subchapter, the person whose 
registration is in question shall be permitted to cast a ballot in such election which is 
designated "challenged". The ballot shall be counted in the election if the applicant is 
ultimately deemed to be a qualified registered elector. 

(f-1) Repealed. 

83 



§1-1001.07 DC. OFFICIAL COBB 

(g)(1) At any time except during the 30-day period preceding any regularly scheduled 
election, a qualified elector or any individual who will be a qualified elector at the time of the 
next election may register to vote in the precinct in which the voter maintains residence by 
completing a voter registration application and submitting it in person at the Board's office or 
by mail. A registration that is received no later than 4:45 P.M. on the 30th day preceding 
any election, .or such time on that day as the Board's office remains open to receive 
registrations, shall be accepted. ..■,■.',■.■,.-.. 

(2) The Board shall process: 

(A) Mailed voter registration applications and registration update notifications re- 
ceived postmarked by not later than the 30th day preceding any election; and 

(B) Timely completed non-postmarked voter registration applications and registration 
update notifications mailed and received not later than the 23rd day preceding, any 
election. 

(3) The Board shall process faxed postcard applications from persons eligible to vote 
absentee in federal elections in the District of Columbia pursuant to the Uniformed and 
Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. 
§ 1973ff et seq.), which are faxed not later than the 30th day preceding any election. 

( (4) After the 30th day preceding an election, a, qualified elector may register to vote in 
the precinct in which the voter maintains residence by completing a voter registration 
application and submitting it in person at the Board's office. A qualified elector shall not 
, change his or her party affiliation after the 30th , day preceding an election. 

(5) A qualified elector may register on election day by appearing in person at the polling 
place for the precinct in which the individual maintains residence by completing a voter 
registration application, making an oath in the form prescribed by the Board, and providing 
proof of residence. An individual may prove residence for purposes of registering by 
presenting such identification as required under federal law, District law, or Board 
regulation. Each individual who registers on Election Day shall cast a special ballot, 
subject to the Board's verification of residence. A qualified elector shall not change his or 
her party affiliation on election day 

(6) The precinct captain shall keep a record of individuals who attempt to register on 
election day and shall indicate the form of proof of residency provided by the person. The 
record shall be forwarded to the Board with the election returns for that precinct. 

(7)(A) The Board shall maintain a list, including the name and addresses, of all 
individuals who either: 

(i) Attempted to register and vote in the election, but could not provide proof of 
residence; or 

(ii) Successfully registered and voted. 
(B) The Board shall make the list available to public inspection upon request. 
(h)(1) No later than 45 days preceding any election held under this subchapter, the Board 
shall cause a District-wide alphabetical list of qualified electors registered to vote in the 
District to be placed in the main public library and shall cause an alphabetical ward list of 
qualified registered electors for each ward to be placed in each branch library located within 
the respective ward. Such lists shall be current as of the 60th day preceding such elections. 

(2) The Board shall cause a copy of the list of qualified electors: registered to". vote" ats'of 
the date the voter registry closed to be placed in public buildings of the Districts '■ of 
.Columbia for a period of not less than 14 days preceding each election held under -iihis 
subchapter as follows: ; < " ■■ ' . ■'■■ vi'!.'; 

(A) A District-wide list shall be placed in the mainpublic library; and ' ■ - ; ' ■'"";;'- , if 

(B) A ward list for the ward shall be placed in every branch library located within' i 'tn'e[ 
respective ward. : ' ' ;! -' :iI 

(3) The provisions of this subsection shall not apply when a special election is held to; ffi 
a vacancy in an Advisory Neighborhood Commission single-member district. '''" ; ! 
(i)(l) A person shall be entitled to vote in an election in the District of Columbia if he or, 

she is a duly registered voter. A qualified elector shall be considered duly registered in the 
District if he or she has met the requirements for voter registration and, on the day of the, 
election, either resides at the address listed on the Board's records or files an election day' 
change of address pursuant to this subsection. 

84. 



GOVERNMENT OF DISTRICT § 1-1001.07 

(2) Each registered voter who changes his or her place of residence from that listed on 
the Board's records shall notify the Board, in writing, of the new residence- address. A 
change of address shall be effective on the date the notification was mailed as shown by the 
United States Postal Service postmark. If not postmarked, the notification shall be effective 
on the date of receipt by the Board. Change of address notifications from registrants shall 
be accepted pursuant to subsection (g) of this section, except that any registrant who has 
not notified the Board of his or her current residence address by the deadline established 
by subsection (g) of this section may be permitted to vote at the polling place that serves 
the current residence address by filing an election day change of address notice pursuant to 
paragraph (4) of this subsection. 

(3) Each registered voter who votes at a polling place on election day shall affirm his or 
her residence address as it appears on the official registration roll for the precinct. The act 
.of signing a copy of the official registration roll for the preci.nct shall be deemed affirmation 
of the voter's address as it appears on the Board's registration records. 

(4)(A) A registered voter who has moved within the District but has not notified the 
Board in writing of his or her current address by the deadline established pursuant to 
subsection (g) of this section, or who is designated inactive pursuant to subsection (j) of this 
section, shall, prior to being permitted to vote, file notification of a change of address on a 
form provided by the Board, at the polling place serving the current residence address. 

(B) A registered voter who files an election day change of address at the precinct of 
current residence in accordance with this paragraph shall, by written affirmation, 
establish identity and current residence within the precinct at the time of voting. 

(C) The ballot of each person who files a change of address at a polling place shall be 
stamped "special" and placed in a sealed envelope. The outside of the special ballot 
envelope shall contain the affirmation signed by the voter attesting to his or her 
qualifications to vote in the election, the date of. birth of the voter, and any other 
information as the Board deems necessary for its chief registration official to determine 
that the individual is qualified to have the ballot counted. The official in charge of the 
polling place shall provide the voter with written notification of the means by which the 
voter can determine from the Board whether the ballot will be counted and of the voter's 
right of appeal pursuant to § l-1001.09(e) should the chief registration official determine 
that the voter is not qualified to vote in the election. 

(5)(A) As soon as practicable after the election, the Board shall mail each registered 
voter who filed a change of address at the polls on election day a nonforwardable address 
confirmation notice to the address provided in the written affirmation. 

(B) Where the United States Postal Service returns the address confirmation notifica- 
tion as undeliverable or indicating that the registrant does not live at the address 
provided in the written affirmation, the Board shall notify the Corporation Counsel of the 
District of Columbia. 

(6) Each individual who has not previously voted in a federal election in the District and 
who registers to vote by mail shall present, either at the time of registration, at the polling 
place, or when voting by mail, a copy of a current and valid government photo identification 
or a copy of a current utility bill, bank statement, government check, or pay check that 
shows the name and address of the voter. Individuals who fail to present this identification 
shall vote by special ballot. This paragraph shall not apply to: 

(A) Individuals whose registration application includes a driver's license number or at 
least the last 4 digits of the individual's social security number, and matches, an existing 
identification record bearing the same number, name, and date of birth as the applica- 
tion; or 

(B) Individuals entitled to vote otherwise than in person under federal law. 

(j)(l) The Board shall develop a systematic program to maintain the voter roll and keep it 
current. This program shall include the following: 

(A) In January of each odd-numbered year, the Board shall confirm the address of 
each registered voter who did not confirm his or her address through the voting process 
or file a change of address at the polls in the preceding general election by mailing a first 
class nonforwardable postcard to the address listed on the Board's records. 

(B)(i) If the United States Postal Service returns the notice and provides a new 
address for the registrant within the District of Columbia, the Board shall change the 

85 



§ 1-1001.07 D.C. OFFICIABKCJ0DE 

' address on its records and mail to both the old and new addresses of the registrant a 

. forwardable notification that the address has been changed to reflect the information 

obtained from the United States Postal Service. , ifb 

(ii) If the United States Postal Service returns the notice and provides a^riew 

address outside the District of Columbia, the Board shall mail a forwardable ndtice'^to 

both the old and new address informing the registrant how to register to vote iri 'the 

new jurisdiction or correct the address information obtained from the United States 

Postal Service. '' 

(iii) If the United States Postal Service returns the notice to the Board as undeliver- 
able, the Board shall mail to the registrant at his or her last known address the notice 
prescribed in sub-subparagraph (ii) of this subparagraph. ! ' , 

(C) The notices prescribed in subparagraphs (A) and (B) of this paragraph shall 
include a pre-addressed and postage paid return notification postcard to enable the 
registrant to correct any address information obtained from the United States Postal 
Service. In addition, the notices shall include the following information: 

"If you did not change your residence, or changed residence but remained in', the 
District, you should return the card not later than the deadline for mail registration for 
the next federal election (the 30th day before the election). If the card is riot returned, 
affirmation of your address may be required before you are permitted to vote m any 
election during the period beginning on the date of the notice and ending oil the day 
after the date of the second general election for federal office that occurs after the' date 
of the notice, and if you do not vote in an election during that period, your name' will be 
removed from the list of eligible voters.". ' v 

(D) The Board may, in addition, utilize information obtained from the United.jSjtates 
Postal Service, the National Change of Address System ("NCOA"), the Bureau of'ftotor 
Vehicle Services (subject to the provisions of subsection (c)(1)(D) of this section, which 
identifies registrants who have moved from the addresses listed on the Board's records. 
In these cases the Board shall issue the notices prescribed in subparagraph (B) bljj this 
paragraph. ,,* 

, (2)(A) Upon mailing of the notice required in paragraph (1)(B) of this subsection, the 
registrant's voter registration status shall be designated as inactive on the voteK roll. 

(B) Where a registered voter is designated as inactive on the voter roll pursuant to 
subparagraph (A) of this paragraph and the registrant provides the Board with a current 
residence address, or votes in any election in accordance with subsection (i) of , this 

,. . section by the date established in subparagraph (C) .of this paragraph, the inactive 
designation shall be removed from the registrant's record. 

(C) Where the Board mails the notice required in paragraph (1)(B) of this subsection, 
and the registrant fails to respond to the notice and fails to vote during the -period 
beginning on the date the notice was mailed and ending on the day after the second 

; general election for federal office, the registrant's name shall be removed from the ( .voter 

(3) As part of its systematic voter roll maintenance program, the Board mayjn'.by 
regulation, develop additional procedures to identify and remove from the voteriiroll 
registrants who are deceased and no notification was received from ; the Bureau of ;Mtal 
Statistics, who have moved from the District and no notification was received, from the 

,. registrant or the United States Postal Service, or who otherwise no longer meets the 
qualifications as duly registered voters. .,;,;- 

(4) Any systematic program conducted by the Board to identify individuals who do not 
reside at the address listed on the Board's records shall be completed not less than the 90th 
day immediately preceding any primary, general, or District-wide special election. 

(5) The voter registrations of individuals whose registrations are designated as inactive 
, .. on the voter roll, pursuant to paragraph (2) of this subsection: 

(A) Shall not be utilized in the calculation of the number of signatures required for 
qualification of candidate, initiative, referendum, and recall petitions; 

(B) Shall not be counted as valid in the verification of signatures pursuant to 
;; , §§ 1-1001.08(0), 1-1001.16(0), and l-1001.17(k); 

H< , (C) Shall not be included where the Board is required: 

86 



GOVERNMENT OF DISTRICT § 1-1001.07 

(i) To provide lists of registered voters at the polls on election day or for public 
inspection; 

(ii) To calculate or report the number of registered voters for an administrative 
purpose; or 

(iii) For the issuance of information mailings; and 
(D) Their names shall not be sold by the Board either in hard copy form or electronic 
media, except upon specific request of the purchaser and the fact that the registrations 
are designated as inactive is made known to the purchaser. 
(k)(l) The Board shall cancel a voter registration upon receipt of a signed request from the 
registrant, upon notification of the death of a registrant, upon notification of a registrant's ■ 
incarceration for conviction of a felony, upon notification that the registrant has registered to 
vote in another jurisdiction, or for any other reason specifically authorized in this subchapter. 

(2) The Board shall request at least monthly, and the Mayor shall furnish, the name, 
address, and date of birth, if known, of each District resident 18 years of age and over 
reported deceased within the District, together with the name and address of each District 
resident who has been reported deceased by other jurisdictions since the date of the 
previous report. 

(3) The Board shall request at least monthly, and the Superior Court of the District of 
Columbia shall furnish, the name and address of each person incarcerated as a result of a 
felony conviction since the date of the previous report, and the former and present names 
and address of each person whose name has been changed by decree or order of the Court 
since the date of the previous report. 

(4) The Board shall request from the United States District Court for the District of 
Columbia, at least monthly, the name and address of each person incarcerated as a result of 
a felony conviction since the date of the previous report. 

(5) Any individual whose registration has been cancelled shall not be permitted to vote 
except by re-registration as provided in this section. 

(1) Before May 1, 2010, the Board shall submit to the Council a report indicating the 
feasibility of implementing automatic voter registration in the District. 

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1 (8, 9, 10, 11); July 
8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(4); July 29, 1970, 
84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Dec. 23, 1971, 85 Stat. 790, Pub. L. 92-220, § 1(8), (30), (31); 
1973 Ed., § 1-1107; Dec. 16, 1975, D.C. Law 1-37, § 2(3)-(5), 22 DCR 3426; Apr. 23, 1977, D.C. Law 
1-126, title III, § 301(g)-(i), title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 
257; Mar. 16, 1982, D.C. Law 4-88, § 2(e), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(b), 
29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(c), 30 DCR' 3196; Mar. 16, 1988, D.C. Law 7-92, § 3(d)- 
(g), 35 DCR 716; Aug. 17, 1991, D.C. Law 9-32, § 2, 38 DCR 4220; Mar. 11, 1992, D.C. Law 9-75, § 2(b), 
39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(a), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(b), 
41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(b), 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, 
§ 5(a), 43 DCR 530; Apr. 12, 2000, D.C. Law 13-91, § 123(b), 47 DCR 520; Apr. 3, 2001, D.C. Law 13-251, 
§ 2(a), 48 DCR 668; Dec. 7, 2004, D.C. Law 15-218, § 2(c), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, 
§ 127(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 48(1), 53 DCR 6794; Oct. 21, 2008, D.C. Law 
17-236, § 2, 55 DCR 9019; Feb. 4, 2010, D.C. Law 18-103, § 2(e), 56 DCR 9169; May 31, 2012, D.C. Law 
19-131, § 2(a), 59 DCR 2389.) 

Historical and Statutory Notes 

Effect of Amendments residence; provided further, that for each election 

D.C. Law 19-131, in subsec. (g)(1), substituted occurring after December 31, 2010, if the individual 

"4:45 P.M. on the 30th day preceding any election, does not present a government-issued and valid 

or such time on that day as the Board's office P noto identification card showing the individual's 

remains open to receive registrations," for "5:00 address, the individual shall cast a special ballot, 

p.m. on the 31st day preceding any election"; in sub J ect to the Board's verification of residence"; 

subsec. (g)(5), substituted "law, District law, or and > in subsec - (g)(7)(A)(i), substituted "register 

Board regulation. Each individual who registers and vote ln the election, but" for "register but", 

on Election Day shall cast a special ballot, subject Legislative History of Laws 

to the Board's verification of residence." for "law; Law 19-131, the "Board of Elections and Ethics 

provided, that, for each election occurring before Electoral Process Improvement Amendment Act of 

December 31, 2010, the individual shall cast a 2012", was introduced in Council and assigned Bill 

special ballot, subject to the Board's verification of No. 19-479, which was referred to the Committee 

87 



§ 1—1001.07 D.C. OFFICIAL CODE 

on Government Operations. The Bill was adopted 19-328 and transmitted to both Houses of Con- 
On first and second readings on February 7, 2011, gress for its review. D.C. Law 19-431 . became 
and March 6, 2012, respectively. Signed by the effective on May 31, 2012. 
Mayor on March 19, 2012, it was assigned Act No. 

§ 1-1001.08. Qualifications of candidates and electors; nomination and elec- 
tion of Delegate, Mayor, Chairman, members of Council, and 
members of Board of Education; petition requirements; ar- 
rangement of ballot. 

j (a)(1) Each candidate for election to the office of national committeeman or alternate, ot 
national committeewoman or alternate, and for election as a member or official designated for 
election at large under paragraph (4) of § 1-1001.01, shall be a qualified elector registered 
under § 1-1001.07 who has been nominated for such office, or for election as such member or 
official, by a nominating petition: ■... , : , ? „ ,■ . 

(A) Signed by not less than 500, or \% whichever is less, of the qualified electors 
registered under such § 1-1001.07; "Whovare of the same political party as the candidate; 
and ■ ;';■.'■.■■,' 

(B) Filed with the Board not later than the 90th day before the date df the election 
held for such office, member, or official. "'■ ■■ 
(2) In the case of a nominating petition for a candidate for election as a member or 

official designated for election from a Ward under paragraph (4) of § 1-1001.01, such 

petition shall be prepared and filed in the same manner as a petition prepared and filed by 

<■ a candidate under paragraph (1) of this subsection and signed by 100, or 1%, whichever is 

• less, of the qualified electors residing in such ward, registered under § 1-1001.07, who are 

of the same political party as the candidate. 

(b)(1)(A) No person shall hold elected office pursuant to this section unless he or she has 
been a bona fide resident of the District of Columbia continuously since the beginning of the 
90-day period ending on the date of the next election, and is a qualified elector registered 
under § 1-1001.07. 

(B) Repealed. 

(C) Repealed. ' 

(2) Only registered, qualified electors of the District of Columbia are authorized td 
circulate nominating petitions of candidates for elected office pursuant to this subchapter. 
The Board shall consider invalid the signatures on any petition sheet which was circulated 
by a person who, at the time of circulation, was not a registered, qualified elector, of the 
District of Columbia. 

(3) All signatures on a petition shall be made by the person whose signature it purports 
to be and not by any other person. Each petition shall contain an affidavit, made" under 
penalty of perjury, in a form to be determined by the Board and signed by the circulate)? of 
that petition which shall state that the circulator is a registered voter and has: r; , i;V 

(A) Personally circulated the petition; , ,,, . ,.■ : , , : ( , ; ,s ',,;,;::; vi : 

(B) Personally witnessed each person sign the petition; and : ■': ■;.:■;!„ '.>r >, . ■■,:!; .- . rs;r <lt 

(C) Inquired from each signer whether he or she is a registered voter in the same 
party as the candidate and, where applicable, whether the signer is registered in and a 
resident of the ward from which the candidate seeks election. - ,,• ■ 

(4) Any circulator who knowingly and willfully violates any provisions of this section, or 
any regulations promulgated pursuant to this section, shall upon conviction be subject to a 
fine of not more than $10,000, or imprisonment for not more than 6 months, or both. Each 

: occurrence of a violation of this section shall constitute a separate offense. Violations of this 
; section shall be prosecuted in the name of the District of Columbia by the Corporation 
Counsel of the District of Columbia, - 

(c)(1) In such election of officials referred to in paragraph (1) of § i— 1001.01, and in each 
election of officials designated for election at large pursuant to paragraph (4) of § 1—1001,01, 
the Board shall arrange the ballot of each party to enable the registered voters of such party 
to vote separately or by slate for each official duly qualified and nominated for election to 
such office. ■;>,.'.; 



GOVERNMENT OF DISTRICT § 1-1001.08 

(2) In each election of officials designated, pursuant to paragraph (4) of § 1-1001.01, for 
election from a ward, the Board shall arrange the ballot of each party to enable the 
registered voters of such party, residing in such ward, to vote separately or by slate for 
each official duly qualified and nominated from such ward for election to such office from 
such ward. 

(d) Each political party which had in the next preceding election year at least 7,500 votes 
cast in the general election for a candidate of the party to the office of Delegate, Mayor, 
Chairman of the Council, or member of the Council, shall be entitled to elect candidates for 
presidential electors, provided that the party has met all deadlines set out in this subchapter 
or by regulation for the submission of a party plan for the election. The executive committee 
of the organization recognized by the national committee of each such party as the official 
organization of that party in the District of Columbia shall nominate by appropriate means 
the presidential electors for that party. Nominations shall be made by message to the Board 
on or before September 1st next preceding a presidential election. 

(e) The names of the candidates of each political party for President and Vice President 
shall be placed on the ballot under the title and device, if any, of that party as designated by 
the duly authorized committee of the organization recognized by the national committee of 
that party as the official organization of that party, in the District. The form of the ballot shall 
be determined by that Board. The position on the ballot of names of candidates for President 
and Vice President shall be determined by lot. The names of persons nominated as candidates 
for electors of President and Vice President shall not appear on the ballot. 

(f) A political party which does not qualify under subsection (d) of this section may have 
the names of its candidates for President and Vice President of the United States printed on 
the general election ballot provided a petition nominating the appropriate number of 
candidates for presidential electors signed by at least 1 per centum of registered qualified 
electors of the District of Columbia, as shown by the records of the Board as of the 144th day 
before the date of the presidential election, is presented to the Board on or before the 90th 
day before the date of the presidential election. 

(g) No person may. be elected to the office of elector of President and Vice President 
pursuant to this subchapter unless: 

(1) He or she is a registered voter in the District; and 

(2) He or she has been a bona fide resident of the District for a period of 3 years 
immediately preceding the date of the presidential election. Each person elected as elector 
of President and Vice President shall, in the presence of the Board, take an oath or 
solemnly affirm that he or she will vote for the candidates of the party he or she has been 
nominated to represent, and it shall be his or her duty to vote in such manner in the 
electoral college. 

(h)(1)(A) The Delegate, Mayor, Chairman of the Council of the District of Columbia and 
the 4 at-large members of the Council shall be elected by the registered qualified electors of 
the District of Columbia in a general election. Each candidate for the office of Delegate, 
Mayor, Chairman of the Council of the District of Columbia, and at-large members of the 
Council in any general election shall, except as otherwise provided in subsection (j) of this 
section and § l-1001.10(d), have been elected by the registered qualified electors of the 
District as such candidate by the next preceding primary election. 

(B)(i) A member of the office of Council (other than the Chairman and any member 
elected at large) shall be elected in a general election by the registered qualified electors 
of the respective ward of the District from which the individual seeking such office was 
elected as a candidate for such office as provided in sub-subparagraph (ii) of this 
subparagraph. 

(ii) Each candidate for the office of member of the Council (other than Chairman 

and at-large members) shall, except as otherwise provided in subsection (j) of this 

section and § l-1001.10(d), have been elected as such a candidate, by the registered 

qualified electors of the ward of the District from which such individual was nominated, 

at the next preceding primary election to fill such office within that ward. 

(2) The nomination and election of any individual to the office of Delegate, Mayor, 

Chairman of the Council and member of the Council shall be governed by the provisions of 

this subchapter. No political party shall be qualified to hold a primary election to select 

89 



§1-1001.08 D.C; OFFICIAL CODE* 

candidates for election to any such office in a general election unless, in the next preceding 
election year, at least 7,500 votes were cast in the general election for a candidate of -such 
party for any such office or for its candidates for electors of President and Vice President. 

(i)(l) Each individual in a primary election for candidate for the office of Delegate, Mayor, 
Chairman of the Council, or at-large member of the Council shall be nominated for any such 
office by a petition: 

(A) Filed with the Board not later than 90 days before the date of such primary) 
election; and ■■■'.-..■ ..••" 

(B) Signed by at least 2,000 registered qualified electors of the same political party as' 
the nominee, or by 1 per centum of the duly registered members of such .political party; ! 
whichever is less, as shown by the records of the Board as of the 144th day before the' 
date of such election. '" 

(2) Each individual in a primary election for' candidate for the office of member of the 
; Council (other than Chairman and at-large members) shall be nominated' for such office by 

a petition filed with the Board not later than 90 days before the date of such primary 
election, and signed by at least 250 persons, of by 1 per centum of persons (Whichever is 
less, in the ward from which such individual seeks election) who are duly registered ifi such 
ward under § 1-1001.07 and who are of the same political party as the nominee. ' ::! 

(3) For the purpose of computing nominating petition signature requirements, the Board' 
shall by noon on the 144th day preceding the election post and make available the. exact 
number of qualified registered electors in the District by party, ward, and precinct^ >'as^ 
provided in this subsection. The Board shall make available for public inspectioh, ;i ih ,f th'e' 
office of the Board, the entire list of registered electors upon which such count was'TSase'd.' 
Such list shall be retained by the Board until the period for circulating, filing,' "'and' 
challenging petitions has ended. thm-m^ 

(4) A nominating petition for a candidate in a primary election for any such office may 
not be circulated for signature before the 144th day preceding the date of such election aha 
may not be filed with the Board before the 115th day preceding such date. The Board 'may 
prescribe rules with respect to the preparation and presentation of nominating peiatibris.i 
The Board shall arrange the ballot of each political party in each such primary election as 
to enable a voter of such party to vote for nominated candidates of that party. , ,'!'> 

(j)(l) A duly qualified candidate for the office of Delegate, Mayor, Chairman of the Council, 
or member of the Council, may, subject, to the provisions of this subsection, be nominated 
directly as such a candidate for election for such office (including any such election to be held 
to fill a vacancy). Such person shall be nominated' by petition: l 

(A) Filed with the Board not less than 90 dayg-before the date of such general election; ■ 
and : :; v •,..■;' ■ , • . : ■ , ■ ■' • ■ ;.. 

, (B) In the case of a person who is a candidate for the office of member of the Council 
(other than the Chairman or an at-large member), sighed by 500 voters who are duly' 
registered ufider § 1-1001.07 in the ward from which the candidate seeks election; and in 1 
the case of a person who is a candidate for the office of Delegate, Mayor, Chairman'' iof 
the Council, or at-large member of the Council, signed by duly registered voters equal dhf 
number to 1 1/2 per centum of the total number of registered voters in the District, as 
shown by the records of the Board as of 144 days before the date of such election, qr by 
3,000 persons duly registered under § 1-1001.07, whichever is less. No signatures on 
such a petition may be counted which have been made on such petition more than, 123 
days before the date of such election. 

(2) Nominations under this subsection for candidates for election in a general election to 
any office referred to in paragraph (1) of this subsection shall be of no force and effect with 
respect to any person whose name has appeared on the ballot of a primary election for that 
office held within 8 months before the date of such general election. 

(3) No person shall be nominated directly as a candidate in any general election for the 
office of Delegate, Mayor, Chairman of the Council, member of the Council, United States 
Senator, or United States Representative who is registered to vote as affiliated with a party 
qualified to conduct a primary election. i' > 

90. 



GOVERNMENT OF DISTRICT § 1-1001.08 

(k)(l) In each general election for the office of member of the Council (other than the office 
of the Chairman or an at-large member), the Board shall arrange the ballots in each ward to 
enable a voter registered in that ward to vote for any 1 candidate who: 

(A) Has been duly elected by any political party in the next preceding primary election 
for such office from such ward; ■ 

(B) Has been duly nominated to fill a vacancy in such office in such ward pursuant to 
§ l-1001.10(d); or 

(C) Has been nominated directly as a candidate for such office in such ward under 
subsection Q) of this section. 

(2) In each general election for the office of Chairman and member of the Council at 
large, the Board shall arrange the ballots to enable a registered qualified elector to vote for 
as many candidates for election as members at large as there are members at large to be 
elected in such election, including the Chairman. Such candidates shall be only those 
persons who: 

(A) Have been duly elected by any political party in the next preceding primary 
election for such office; 

(B) Have been duly nominated to fill vacancies in such office pursuant to 
§ l-1001.10(d); or 

(C) Have been nominated directly as a candidate under subsection (j) of this section. 

(3) In each general election for the office of Delegate and Mayor, the Board shall 
arrange the ballots to enable a registered qualified elector to vote for any 1 of the 
candidates for any such office who: 

(A) Has been duly elected by any political party in the next preceding primary election 
for such office; 

(B) Has been duly nominated to fill a vacancy in such office pursuant to 
§ l-1001.10(d); or 

(C) Has been nominated directly as a candidate under subsection (j) of this section. 
(1)(1) Designation of offices of local party committees to be filled by election pursuant to 

paragraph (4) of § 1-1001.01 shall be effected, in accordance with the provision of this 
subsection, by written communication signed by the chairman of such committee and filed 
with the Board not later than 180 days before the date of such election. 

(2) The notification shall specify separately: 

(A) A comprehensive plan for the scheduled election; 

(B) The titles of the offices and the total number of members to be elected at large, if 
any; 

(C) The title of the offices and the total number of members to be elected by ward, if 
any; and 

(D) The procedures to be followed in nominating and electing these members. 

(3) Kepealed. 

(m) The election of the members of the Board of Education shall be conducted on a 
nonpartisan basis and in accordance with this subchapter. 

(n) Each candidate in a general or special election for member of the Board of Education 
shall be nominated for such office by a nominating petition: (A) Filed with the Board not later 
than the 90th calendar day before the date of such general or special election; and (B) signed 
by at least 200 qualified electors who are duly registered under § 1-1001.07, who reside in the 
school district or ward from which the candidate seeks election, or in the case of a candidate 
running at large, signed by at least 1,000 of the qualified electors in the District of Columbia 
registered under such § 1-1001.07. A nominating petition for a candidate in a general or 
special election for member of the Board of Education may not be circulated for signatures 
before the 144th day preceding the date of such election and may not be filed with the Board 
before the 115th day preceding such date. In a general or special election for members of the 
Board of Education, the Board shall arrange the ballot for 1 each school district or ward to 
enable a voter registered in that school district or ward to vote for any 1 candidate duly 
nominated to be elected to such office from such school district or ward, and to vote for as 
many candidates duly nominated for election at large to such office as there are Board of 
Education members to be elected at large in such election. 

91 



§1—1001.08 D.C. OFFICIAL COD® 

(d)(1) The Board is authorized to accept any nominating petition for a candidate for any 
office" as bona fide with respect to the qualifications of the signatures thereto if the original 6i?> 
facsimile thereof has been posted in a suitable public place for a 10-day period beginning on> 
the third day after the filing deadline for nominating petitions for the office. Any registered 
qualified elector may within the 10-day period challenge the validity of any petition by 
written statement signed by the challenger and filed with the Board and specifying concisely 
the alleged defects in the petition. A copy of the challenge shall be sent by the Board 
promptly to the person designated for the purpose in the nominating petition. In a special 
election to fill a vacancy in an Advisory Neighborhood Commission single-member district, 
the period prescribed in this paragraph for posting and challenge shall be 5 days, excluding 
weekends and holidays. ' "[[ ' ,■ 

■. (2) The Board shall receive evidence in support of and in opposition to the challenge and 
: shall determine the validity of the challenged nominating petition not more than 20 days 
after the challenge has been filed. Within 3 days after announcement of the determination 
, of the Board with respect to the validity of the nominating petition, either the challenger or 
any person named in the challenged petition as a nominee may apply to the District of 
Columbia Court of Appeals for a review of ;the reasonableness of such determination. The 
Court shall expedite consideration of the matter and the decision of such Court shall be 

, final and not appealable. .■...-:.,. ... ■, .'.",■■- 

". (2A) Eepealed. ', . ' ' ' ' "^.'"/ 

(3) For the purpose of verifying a signature on any. petition filed pursuant to this section, 
the Board shall first determine if the address on the petition is the same as the address 
shown of the signer's voter registration record. If the address is different than the address 
which appears on the signer's registration record, the address shall be deemed valid if: 

(A) The signer's current address is within the single member district for an Advisory 
Neighborhood Commission election, within the school district for a school board election, 
within the ward for a ward-wide election, or within the District of Columbia for ah at- 
large election; and 

(B) The signer files a change of address form with the Board during the first 10 days 
of the period designated for resolving challenges to petitions. 

(p) In any election, the order in which the names of the candidates for office appear on the 
ballot shall be determined by lot, upon a date or dates and under regulations prescribed by 
the Board. ; 

(q) Any petition required to be filed under this subchapter by a particular date must be 
filed no later than 5:00 p.m. on such date. ' 

; (r)(l) In any primary, general, or special election held in the District of Columbia to- 
nominate or elect candidates to public office, a voter may cast a write-in vote for a candidate 
other than those who have qualified to appear on the ballot. 

(2) To be eligible to receive the nomination of a political party for public office, a Write-in 
candidate shall be a duly registered member of the party nominated and shall meet all the 
other qualifications required for election to the office and shall declare his or her candidacy 
not later than 4:45 p.m. on the third day immediately following the date of the election on a 
form or forms prescribed by the Board. '' , ," 1 ''" "' ' '' "-" . -; ] ' t 

(3) To be eligible for election to public 'office,' a write-in candidate shikil be %': .duly; 
registered elector and shall meet all of the Other' qualifications re'quire^ifqFeierfi'oi^'jEq'tH.e 1 
office and shall declare his or her candidacy not later than 4:45 ; p.mi Ort the seventh^ day 
immediately following the date of the election in which he or she was a candidate Ori'a'iqriii? 
or forms prescribed by the Board. , ' '■ ! ,- , ' ' ' ;', '.'..'' ,'. ''■■■ ..' .} : ^ ■."■!"'! 

(4) In party office elections, write-in voting provisions may also be subject to the party 
rules. ■■ ■ . i ■ .-,....•,.........'.■■■■., ,,,-,-).,.",; 

(s) The Board shall submit to the Mayor and Council a feasibility study of mail-ballot 

voting procedures, within 6 months after October 21, 2000; The study shall outline the: 
advantages and disadvantages of mail-ballot procedures and recommend whether mail-ballot, 
procedures should be implemented in District of Columbia elections. The study shall include 
an analysis of the following issues and topics that the Board deems appropriate: 

(1) Administration and logistics; 

92 



GOVERNMENT OF DISTRICT § 1-1001.09 

(2) Ballot integrity and electoral fairness; 

(3) Voter turnout; 

(4) Cost; 

(5) Applicability to special elections and regularly scheduled elections; and 

(6) The experiences of other jurisdictions that have used mail-ballot procedures. 

(Aug. 12, 1955, 69 Stat. 701, ch. 682, § 8; Oct. 4, 1961, 75 Stat. 818, Pub. L. 87-389, § 1 (12, 13); Apr. 22, 
1968, 82 Stat. 103, Pub. L. 90-292, § 4(5); Sept. 22, 1970, 84 Stat. 849, Pub. L. 91-405, title II, §§ 203(b), 
205(b), (e)(2), (f); Dec. 23, 1971, 85 Stat. 203(b), 205(b), (e)(2), (f); Dec. 23, 1971, 85 Stat. 790, Pub. L. 
92-220, § 1(9)-(16), (32)-(34); Aug. 14, 1973, 87 Stat. 312, Pub. L. 93-92, § 1(8)-(14); Dec. 24, 1973, 87 Stat. 
833, Pub. L. 93-198, title VII, § 751(3); Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); 
Sept. 2, 1976, D.C. Law 1-79, title I, § 102(7)-(12), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title III, 
§ 301(j), title IV, § 402, 24 DCR 2372; Mar. 16, 1982, D.C. Law 4-88, § 2(f), (o)-(s), 29 DCR 458; July 1, 
1982, D.C. Law 4-120, § 2(c), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(d), 30 DCR 3196; Mar. 16, 
1988, D.C. Law 7-92, § 3(h)-(k), 35 DCR 716; Dec. 10, 1991, D.C. Law 9-49, § 2(a), 38 DCR 6572; Mar. 
11, 1992, D.C. Law 9-75, § 2(c), 39 DCR 310; Sept. 22, 1994, D.C. Law 10-173, § 2(c), 41 DCR 5154; Mar. 
23, 1995, D.C. Law 10-254, § 3, 42 DCR 758; April 5, 2000, D.C. Law 13-78, § 2, 46 DCR 10440; July 18, 

2000, D.C. Law 13-149, § 5(a), 47 DCR 4639; Oct. 21, 2000, D.C. Law 13-177, § 2, 47 DCR 6842; Oct. 2, 

2001, D.C. Law 14-26, § 2, 48 DCR 6344; Oct. 13, 2001, D.C. Law 14-30, § 2, 48 DCR 7087; Oct. 26, 2001, 
D.C. Law 14-43, § 2, 48 DCR 7631; Mar. 13, 2004, D.C. Law 15-105, § 24, 51 DCR 881; Dec. 7, 2004, D.C. 
Law 15-211, § 3, 51 DCR 8805; June 5, 2012, D.C. Law 19-137, § 201(a)(2), 59 DCR 2542.) 

Historical and Statutory Notes 

Effect of Amendments may not be filed with the Board before the 115th 

D.C. Law 19-137, in subsec. (a)(1)(B), substitut- da y" for " 123rd da y preceding the date of such 

ed "90th day" for "69th day"; in subsec. (f), substi- election and may not be filed with the Board 

tuted "as shown by the records of the Board as of before the 94th da y": fa subsec. CJ)(1)(B), substi- 

the 144th day before the date of the presidential tuted " 144 da y s " for " 123 da ys"l in subsec. < n )> 

election, is presented to the Board on or before the substituted 90th calendar day" for 69th calendar 

90th day before the date of the presidential elec- da y" and substituted "144th day preceding the 

tion" for "as of July 1st of the year in which the date of such election and may not be filed with the 

election is to be held is presented to the Board on Board before the } 15ti } da y" for " 123rd da y P re " 

or before the third Tuesday in August preceding cedln S the date of such election and may not be 

the date of the presidential election"; in subsecs. ffled mth the Board before the 94th da y"; and > in 

(i)(l)(A), (2), (jXD(A), substituted "90 days" for "69 subsec - W®' substituted 20 days for 15 days . 

days"; in subsecs. (i)(l)(B), (3), substituted "144th Legislative History of Laws 

day" for 123rd day"; in subsec. (i)(4), substituted For history of Law 19-137, see notes under 

"144th day preceding the date of such election and § 1-309.05. 

Notes of Decisions 

8. Election law violations dates to submit nomination petition signed by one 

District of Columbia's overall ballot access percent of all registered voters. Libertarian Party 

scheme for presidential candidates was not exces- v. District of Columbia Bd. of Elections and Ethics, 

sively burdensome, and thus District did not need 2011, 768 F.Supp.2d 174, affirmed 682 F.3d 72, 

to establish compelling interest to justify regula- re hearing en banc denied. Constitutional Law @=> 

tion governing reporting of write-in votes where 14g7 Elections ^ 27 
District required minor party presidential candi- ' 

§ 1-1001.09. Secrecy required; place of voting; watchers; challenged ballots; 
assistance in marking ballot or operating voting machine; more 
than 1 vote prohibited; unopposed candidates; availability of 
regulations at polling place; deposit, inspection, and destruc- 
tion of ballots. 

(a) Voting in all elections shall be secret. 

(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, each registered 
qualified elector shall cast his or her vote in the voting precinct that serves his or her current 
residence address. 

(2) The Board shall permit any duly registered voter to vote by absentee ballot, for any 
reason, under such rules as the Board may issue. 

93 



§ 1-1001.09 DX!/ OFFICIAL CODE 

(3) If a person who is a registered qualified elector of the District casts a vote in a voting 
precinct that does not serve his or her current residence address by special ballot;, the 
Board shall count that vote for all contests for which the elector would have been eligible to 
cast votes had he or she cast a vote in the correct voting precinct. 

(b-l)(l) For each primary and general election, the Board shall designate no fewer, than 

4 early voting centers. 
.', (2) At each early voting center, the Board shall allow persons to vote in person for not 

more than 7 days before election day; provided, that no early voting shall occur on, a 
• holiday. , ■■ ;,■;■ 

■> (3) The Office of Property Management shall assist the Board in identifying; appropriate 

locations for use as early voting centers. : •' ; 

(4) The Chief Technology Officer shall assist the Board in ensuring that each- early- 
voting center maintains a secure network environment with the Board's office. * ; , /. 

(5) Before January 31, 2011, the Board shall submit a report to the^ Council : on ithe 
effectiveness of using early voting centers, including information about: ,. ..[.;'■_■.■.. ." 

(A) The effect of early voting centers on turnout rates; . : < ■,-', ; / ' 

(B) Whether the expanded use of early voting centers could permit for consolidation of 
precincts; or ' "" '.'■'.' ,: ' '-'j 

(C) Other information about cost savings opportunities for the use of polling' places." " 

(6) The Board shall issue rules implementing this subsection. 

(b-2) The Board may provide blank ballots by fax, e-mail, or other electronic means ,t,o 

absent uniformed services voters and overseas voters in federal elections. i»>n^ 

■ ■■ ) n 
(c) Any candidate or group of candidates may, not less than 2 weeks prior to such electiqn, 

petition the Board for credentials authorizing watchers at 1 or more polling places and, at, the, 

place or places where the vote is to be counted for the next election during voting hours and 

until the count has been completed. The Board shall formulate rules and regulations not 

inconsistent with this subchapter to prescribe the form of watchers' credentials, to governthe 

conduct of such watchers, and to limit the number of watchers so that the conduct of the 1 

election will not of the election will not be unreasonably obstructed. Such rules and 

regulations should provide fair opportunity for watchers for all candidates or groups Of 

candidates to challenge prospective voters whom the watchers believe to be unqualified 'to' 

vote, to question the accuracy in the vote count, and otherwise to observe the conduct of the 

election at the polling place and the counting of votes. < 

(c-1) The Board shall issue rules for granting access to the electoral process, including 
access to polling places, ballot-tabulation centers, and other similar locations, to election 
observers. The rules shall take into account the need to avoid disruption and crowding in 
polling places and ballot-tabulation centers and the need to ensure that all questions posed by 
observers should be answered as fully, accurately, and , cooperatively as possible. Election 
observers shall be allowed uniform and nondiscriminatory access toall stages of the election 
process, including the certification of election technologies,; early and absentee vOting,»'and 
vote tabulation. The Board shall issue a public notice -rath 1 inspect -to any denial of a request 
by any election observer for access to any polling place for'purposes of observing an election. 
The notice shall be issued not later than 24 hours after the denial. L> ''"' i 

(d)(1) A registered voter may challenge another voter's status as ,a, qualified elector of : the 
District of Columbia by stating in writing the name of the person challenged, the basis for the 
challenge, and the evidence provided to support the challenge. The challenger shall sign an 
affidavit, declaring under penalty of perjury, that the challenge is based upon substantial 
evidence which he or she believes in good faith shows that the person challenged is not a 
qualified elector of the District. After receiving a challenge or making a challenge on his or 
her own initiative, the precinct captain or other official in charge of the polling place shall give 
the challenged voter an opportunity to respond. 

(2) Notwithstanding paragraph (1) of this subsection, a voter shall not be challenged 
. solely on the basis of characteristics or perceived characteristics not directly related to th.e 
challenged voter's status as a registered qualified elector, including race, color, religion, 
sex, personal appearance, sexual orientation, gender identity or expression, matriculation 
status, political affiliation, or physical disability. The Board may remove a precinct captain 
or void the credentials of an authorized watcher, or refer the matter for prosecution; as a 

94 



GOVERNMENT OF DISTRICT § 1-1001.09 

violation of § 1-1001.12, if the Board determines that the precinct captain or the watcher 
has violated the provisions of this paragraph. 

(3) The precinct captain shall review the evidence presented and shall affirm the 
challenge if 'he or she finds that it is based on substantial evidence specific to the voter 
being challenged and probative of the challenged voter's status as a qualified elector. The 
precinct captain shall deny the challenge if he or she finds that the challenge is not based 
on substantial evidence that is specific to the voter being challenged and probative of the 
challenged voter's status as a qualified elector. The precinct captain shall record the 
decision and the rationale for the decision on a form provided by the Board. 

(4) If the precinct captain denies the challenge, he or she shall inform the challenger that 
the challenger may appeal the decision to the Board and shall give the challenger copies of 
the rules regarding challenges and appeals to the Board. Any appeal of the precinct 
captain's decision to deny the challenge shall be made either before the challenged voter 
casts a regular ballot, or before either the challenger or the challenged voter leaves the 
polling place, whichever is earlier. If the challenger does not appeal the precinct captain's 
decision to deny the challenge, the challenged voter' shall cast a regular ballot. 

(5) If the challenger appeals the precinct captain's decision to deny the challenge, the 
precinct captain shall state the facts of the case to the Board's hearing officer, who is 
authorized to rule on the appeal for the Board. A Board member, the Board's Executive 
Director, or the Board's chief voter registration official may serve as the Board's hearing 
officer for the appeal. The precinct captain shall contact the hearing officer by telephone. 
The hearing officer shall ensure that the hearing is recorded, and shall take testimony 
under oath from the challenger, the person challenged, the precinct captain, and any 
witnessesto the challenge who wish to testify. Each person who testifies before the hearing 
officer shall state for the record their: 

(A) Name as recorded on the Board's voter registration list; 

(B) Residence address, mailing address, and telephone number; and 

(C) Role in the challenge. 

(6) The hearing officer shall receive evidence and testimony pursuant to paragraph (5) of 
this subsection and then shall close the hearing. The hearing officer shall review all of the 
evidence presented pertaining to the challenge and make a decision regarding the appeal, 
based on his or her determination of whether the challenger has presented substantial 
evidence that is specific to the voter being challenged and probative of the challenged 
voter's status as a qualified elector. The recording of the hearing shall be transcribed and 
shall serve as the official case record along with the written documentation of the precinct 
captain's initial decision to deny the challenge. 

(7) The hearing officer shall notify the precinct captain of his or her decision on the 
appeal of the unsuccessful challenge, and the precinct captain shall notify each party of the 
hearing officer's decision. If the hearing officer affirms the precinct captain's decision to 
deny the challenge, the challenged voter shall cast a regular ballot. The precinct captain 
shall inform the challenger of his or her right to appeal the decision of the Board hearing 
officer to the Superior Court of the District of Columbia. If the hearing officer overturns 
the precinct captain's decision to deny the challenge, the challenged voter shall be allowed 
to vote only by casting a paper ballot marked "challenged" in accordance with the 
procedures set forth in paragraph (8) of this subsection. 

(8) If the precinct captain affirms the challenge made at the polling place, or if the 
Board's hearing officer overturns the decision of the precinct captain to deny a challenge, 
the precinct captain shall allow the person to vote only by casting a paper ballot marked 
"challenged" and shall provide the voter with written notification of his or her right of 
appeal pursuant to subsection (e) ,of this section. Challenged ballots shall be segregated, 
and no challenged ballot shall be counted until the challenge has been removed pursuant to 
subsection (e) of this section. The precinct captain shall not allow the challenged voter to 
cast a "challenged" ballot unless the voter signs an affidavit swearing or affirming, under 
penalty of perjury, that he or she is a registered qualified elector in the District of 
Columbia who resides in the precinct in which the ballot is to be cast, and if applicable, the 
Advisory Neighborhood Commission single-member district in which the ballot is to be 
cast. 

95 



§1-1001.09 DC. OFFICIAL CODE' 

(d-1) Any individual who alleges that their name has been erroneously omitted from the' 
list of registered voters, or alleges that their name, address or party affiliation is erroneously 
printed on the list of registered voters, shall be permitted to cast a ballot. Ballots so cast shall 
be placed in a sealed envelope. The outside of the envelope shall contain the signature of the 
voter and such information as the Board deems necessary to determine that the individual is 
qualified to have the vote counted. The official in charge of the polling place shall provide the 
voter with written notification of appeal rights as provided in subsection (e) of this section, 
should the Board determine that the voter is not qualified to vote in the election. ,.'i 

(d-2) Any individual who votes in a federal election as a result of a court order or other 
Order that extends the time established for closing the polls by a District law in effect 10 days 
before the date of that election shall vote in that election by casting a special ballot.' Any 
ballot cast under this subsection shall be separated and held apart from other special ballots 
not affected by the order. ' 

(e)(1) A voter's signing of a challenged or special ballot envelope shall be deemed asthe 
filing of an appeal by the voter of the refusal by the Board's chief voter registration official to 
permit the voter to vote on election day by regular ballot, and a waiver of perSohal notice 
from the Board of any denial or refusal to a later count of the challenged Or special ballot. 
The Board shall review all available evidence pertaining to the eligibility of each voter casting 
a challenged or special ballot, and shall make a preliminary decision about whether tp count 
or to reject each challenged or special ballot based on its review of the available evidence. 

(2) Not later than the Tuesday following the election, the Board shall maintain a toll-free 
/telephone service during regular business hours for any person who has voted by a 

challenged or special ballot to learn the Board's preliminary decision whether to count or 
reject his or her ballot and the reason for each decision. 

(3) If the Board has made a preliminary determination that a challenged ballot shall not 
be counted, it shall afford the challenged voter an opportunity to contest that determination 
in a hearing before the Board. The hearings authorized pursuant to this paragraph shall 
take place not earlier than 8 days and not later than 10 days after that election. The Board 
shall inform the voter of the date scheduled for the hearing and the manner by which he Or 
she may learn the Board's final decision to cOunt or reject the voter's challenged ballot. 
The notice shall be in writing and shall be provided to the voter at the time of voting. At 
the hearing, the voter may appear and testify. The Board shall make a final determination 
within 2 days after the date of the hearing; uThe voter may appeal the decision of the 

-. Board to the Superior Court of the District of Columbia within 3 days after the date of the 
Board's decision. The decision of the court shall) ibe final and not appealable. 

(4) If the Board has determined that a special .ballot shall be not be counted, it shall 
afford the voter an opportunity to contest that determination in a hearing before the Board 
no earlier than 8 days and not later than 10 days 'after any election held pursuanfe.to: this 
subchapter. The Board shall inform the voter in Writing,, at the time of voting, of the: date 
scheduled for the hearing and the manner by which the voter may learn whether the Board 
has decided to count or reject his or her special ballot. The Board shall make a final 
determination within 2 days after the date of the hearing. The voter may appeal: -line 
decision of the Board to the Superior Court of the District of Columbia within 3 days after 
the date of the Board's decision. The decision of the court shall be final and not appealable. 

(f) If a qualified elector is unable to record his or her vote by marking the ballot or 
operating the voting machine an official of the polling place shall, on the request of the voter, 
enter the voting booth and comply with the voter's directions with respect to recording his or 
her vote. Upon the request of any such voter, a second official of the polling place shall also 
enter the voting booth and witness the recordation of the voter's directions. The official or 
officials shall in no way influence or attempt to influence the voter's decisions, and shall tell ho 
one how the voter voted. The official in charge of the voting place shall make a return of all 
Such voters, giving their names and disabilities. 

■ (g)(1) No person shall vote more than once in any election nor shall any person vote in a 
primary or party election held by a political party other than that to which he or she has 
declared himself or herself to be a member. ; 

96 



GOVERNMENT OF DISTRICT § 1-1001.09 

(2) A name written on a ballot in any election shall not be counted as valid unless the 
individual whose name is written on the ballot has complied with the requirements of 
§ l-1001.08(r), 

(h) In the event that the total number of candidates of one party nominated to an office or 
group of offices of that party pursuant to § l-1001.08(a). or § l-1001.17(i) does not exceed the 
number of such offices to be filled, the Board may, prior to election day and, notwithstanding 
the provisions of § l-1001.08(c) or § l-1001.17(i), declare the candidates so nominated to be 
elected without opposition, in which case the fact of their election pursuant to this subsection 
shall appear for the information of the voters on any ballot prepared by the Board for their 
party for the election of other candidates in the same election. 

(i) Copies of the regulations of the Board with respect to voting shall be made available to 
prospective voters at each polling place. 

(j) The Board shall receive the ballots cast and deposit them in a secure place where they 
shall be safely kept for 22 months. Inspection of such ballots shall be made in accordance with 
regulations of the Board. Whenever, the ballots shall have remained in the custody of the 
Board for 22 months, and no election contest or other proceeding is pending in which the 
ballots may be needed as evidence, the Board may destroy such ballots. 

(j-1) Upon the conclusion of voting at any precinct, the Board shall post a summary count 
of votes cast at the precinct. The summary shall be posted in a conspicuous place that can be 
seen from the outside of the precinct immediately upon completion of voting. 

(j-2) Precinct captains shall prepare a summary log that indicates the number of: 

(1) Votes cast in a polling place; 

(2) Persons who have signed in; 

(3) Voter-verifiable records that arrived at the polling place before the polls opened; 

(4) Used voter-verifiable records; and 

(5) Unused voter-verifiable records. 

(k)(l) Each voting system used in an election in the District occurring after January 1, 
2012, shall: 

(A) Meet or exceed the voting system standards set forth in the Help America Vote 
Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S. C. § 15301 et seq.), or be 
federally certified; 

(B) Create, a voter-verifiable record of all votes cast; 

(C) Be capable without further modification of creating, storing, and exporting an 
anonymous separate machine record of each voter-verifiable record, showing each choice 
made by the voter; and 

(D) Meet any additional standards established by the Board; provided, that the 
standards shall not conflict with those set forth in the Help America Vote Act of 2002, 
approved October 29, 2002 (116 Stat. 1666; 42 U.S. C. § 15301 et seq.). 

(2) The voter-verifiable record shall be permanent and capable of being inspected for the 
purpose of audits and recounts. A voter-verifiable record need not be a paper ballot. A 
satisfactory voter-verifiable record shall include: 

(A) A paper ballot prepared by the voter for the purpose of being read by a precinct- 
based optical scanner; 

(B) A paper ballot prepared by the voter to be mailed, whether mailed from a 
domestic or an overseas location; and 

(C) A paper ballot created through the use of a ballot marking device. 

(3) The Board shall adopt voting system standards and review the standards on a 
biennial basis. 

(1) The Board, through the Office of Contracting and Procurement, shall purchase voting 
system equipment under a competitive-bidding procedure that includes the following condi- 
tions: 

(1) A provision to place a copy of the software source code for the voting system, and 
related documents, in escrow with an independent third-party evaluator selected by the 
vendor and the Board; 

(2) A warranty provision .that requires that the vendor: 

97 



§1—1001.09 DC. OFFICIAL GOBE) 

(A) Promptly and fully disclose any flaw, defect, or vulnerability in the voting system 
'-■ of which the vendor is aware or becomes aware; and ■ .. '=i)iii 

(B)(i) Remedy any flaw, defect, or vulnerability in the voting system identified fin 
• subparagraph (A) of this paragraph at no cost to the District; or iris 

(ii) If the flaw, defect, or vulnerability in the voting system cannot be remedied:; ".wi?;, 

(I) Replace the voting system or the affected part of the voting system or provide' 1 
an equivalent voting system at no cost to the District; or '■'';■' 

(II) Reimburse the District for the full purchase price of the voting system or ; for ' 
the value of the affected part of the voting system, plus any costs incurred by the ' 
District as a result of the flaw, defect, or vulnerability; 

(3) A most-favored customer provision that ensures that the District receive pricing 
terms that are at least as favorable as those received by any other customer, except for the 
federal government, during the term of the contract and during any extensions or renewals 
of the contract; and ;::-',, 

(4) A provision that incorporates the requirements of § l-1001.09a(k). - 1 •;•'•■■ ■'/" ■•'"• 

(Aug. 12, 1955, 69 Stat. 702, ch. 862, § 9; Oct. 4, 1961,' 75 Stat. 819, Pub. L. 87-389, § 1(14, 15, 16) 17);: 
July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 104, Pub. L. 90-292, § '4(6); July 29, ' 
1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Sept. 22, 1970, 84 Stat. 853, Pub; L. 91-405; title II, 
§ 205(c), (d), (g), (h), (1); Dec. 23, 1971, 85 Stat. 792, Pub. L, 92-220, § 1(17); Aug. 14, 1973, 87 Sfcat. 313v , 
Pub. L. 93-92, § 1(15); Dec. 16, 1975, D.C. Law 1-37, §, 2(6),. (7), 22 DCR 3430; Apr. 23, 1977, D.C.; Law, 
1-126, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. ' 
Law 4-88, § 2(g), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C Law 4-120, § 2(d), 29 DCR 2064; June 29, 
1984, D.C. Law 5-96, § 2, 31 DCR 2554; Mar. 16, 1988, D.C. Law 7-92, § 3(1), 35 DCR 716; Mar. 11,11992, 
D.C. Law 9-75, § 2(d), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(b), 40 DCR 6311; Sept. 22,4994, 
D.C. Law 10-173, § 2(d), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(c), 42 DCR 1547; Apr. 9,4997, 
D.C. Law 11-255, § 6(a), 44 DCR 1271; Apr. 3, 2001, D.C. Law 13-251, § 2(b), 48 DCR 668; Dec. 7,"2004, 
D.C. Law 15-218, § 2(d), 51 DCR 9132; Apr. 24, 2007, D.C. Law 16-305, § 6(b), 53 DCR 6198; June 25, 
2008, D.C. Law 17-177, § 4(b), 55 DCR 3696; Feb. 4, 2010, D.C. Law 18-103, § 2(f), 56 DCR 9169;oMar. 
31, 2011, D.C. Law 18-330, § 2(b), 58 DCR 20; May 31, 2012, D.C. Law 19-131, § 2(b), 59 DCR$389.) 

Historical and Statutory Notes 

Effect of Amendments ' ;';!;')' ,' eligible to cast votes had he or she cast a vote in 

D.C. Law 19-131, in subsec. (b)(1), substituted the correct voting precinct" for "federal, election 

"each registered qualified elector shall cast his or contests and for any District-wide election con- 

her vote in the voting precinct that serves 5 ' his or tests"; and, in subsec. (b-l)(l), substituted "no 
her current residence address" for "the vote of a ' fewer than 4 early voting centers" for "ah early 
person who is a registered qualified elector Of the . , Voting center in each of the 8 election wards". 

District shall be valid only if the vote is cast in the T ... TT . _ T .i: , 

voting precinct that serves his or her current Legislative History of Laws 

residence address"; in subsec. (b)(3), substituted ', For history of Law 19-131, see note's under 

"all contests for which the elector would have been §1-1001.07'.' ' ! ".' -■■:■■>.'- 

■ \ : : . ' : ' . : i : , Vjiiii:! ,<;;: Y<Cii).,'jO w i ;■.■■: ;>■:'; 

Subchapter VII. Accommodations for Military ..and. Overseas ..Voters',,,,,,,, 

jV\i: L r 1'" 'Li':\' ''■'IM7- r l^j()7 V7(VJ' ( V lii ii i'JJ-1 

§ 1-1061.01. Short title. -, ; ; , - :i ; wqi:q */, , f ; 

This subchapter may be cited as the "Uniform Military and Overseas Voters Act of '2012". 

(June 5, 2012, D.C. Law 19-137, § 101, 59 DCR 2542.) :; to;) 

■ ■ ' ''.',')) 

Historical and Statutory Notes ' 

Legislative History of Laws Act No. 19-334 and transmitted to both Houses of 

Law 19-137, the "Comprehensive Military and Congress for its review. D.C. Law 19—137 became 

Overseas Voters Accommodation Amendment Act effective on June 5, 2012. ; o;.;; ■'< • :i ;;. 

of 2012", was introduced in Council and assigned Uniform Law '' 

Bill No. 19-356, which was referred to the Com- ' .. ,, , ; 

mittee on Government Operations. The Bill was This section, is based on § 1 of the Uniform 

adopted on first and second readings on February Military and Overseas Voters Act. See Vol: 13, 

7, 2012, and March 6, 2012, respectively. Signed Part II, Uniform Laws Annotated, Master Edition 

by the Mayor on March 27, 2012, it was assigned or UL A Database on Westlaw.,'-. 



GOVERNMENT OF DISTRICT ' § 1-1061.02 

§ 1-1061.02. Definitions. 

For the purposes of this subchapter, the term: 

(1) "Board" means the Board of Elections and Ethics, established by § 1-1001.03. 

(2) "Covered voter" means: 

(A) A uniformed-service voter or an overseas voter who is registered to vote in the 
District; 

(B) A uniformed-service voter whose voting residence' is in the District and who 
otherwise satisfies the District's voter eligibility requirements; 

(C) An overseas voter who, before leaving the United States, was last eligible to vote 
in the District and, except for a District residency requirement, otherwise satisfies the 
District's voter eligibility requirements; 

(D) An overseas voter who, before leaving the United States, would have been last 
eligible to vote in the District had the voter then been of voting age and, except for a 
District residency requirement, otherwise satisfies the District's voter eligibility require- 
ments; or 

(E) An overseas voter who was born outside the United States, is not described in 
subparagraphs (C) or (D) of this paragraph, and, except for a District residency 
requirement, otherwise satisfies the District's voter eligibility requirements if: 

(i) Before leaving the United States, the voter's last place of residence was with a 
parent or legal guardian who resided within the District; and 
(ii) The voter has not previously registered to vote in any other state. 

(3) "Dependent" means an individual recognized as a dependent of a uniformed service 
voter. 

(4) "District" means the District of Columbia. 

(5) "Federal postcard application" means the application prescribed under section 
101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 
28, 1986 (100 Stat. 924; 42 U. S.C. § 1973ff(b)(2)). 

(6) "Federal write-in absentee ballot" means the ballot described in section 103 of the 
Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 
Stat. 925;42 U.S.C. § 1973ff-2). 

(7) "Military-overseas ballot" means: 

(A) A federal write-in absentee ballot; 

(B) A ballot specifically prepared or distributed for use by a covered voter in 
accordance with this subchapter; or 

(C) A ballot cast by a covered voter in accordance with this subchapter. 

(8) "Overseas voter" means a United States citizen who is outside the United States. 

(9) "State" means a state of the United States, the District of Columbia, Puerto Eico, the 
United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States. 

(10) "Uniformed service" means: 

(A) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or 
Coast Guard of the United States; 

(B) The Merchant Marine, the commissioned corps of the Public Health Service, or the 
commissioned corps of the National Oceanic and Atmospheric Administration of the 
United States; or 

(C) The National Guard and state militia. 

(11) "Uniformed-service voter" means an individual who is qualified to vote and is: 

(A) A member of the active or reserve components of the Army, Navy, Air Force, 
Marine Corps, or Coast Guard of the United States who is on active duty; 

(B) A member of the Merchant Marine, the commissioned corps of the Public Health 
Service, or the commissioned corps of the National Oceanic and Atmospheric Administra- 
tion of the United States; 

(C) A member on activated status of the National Guard or state militia; or 

(D) A spouse or dependent of a member referred to in this paragraph. 

99 



§1-1061.02! D.C. OFFICIAL CODE* 

(12) "United States," used in the territorial sense, means the several states, the Districts 
of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular 
possession subject to the jurisdiction of the United States. 
(June 5, 2012, D.C. Law 19-137, § 102, 59 DCR 2542.) ' ::■''■• 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

: For history of Law 19-137, see notes under or ULA Database oii Westlaw. ' ■■ ' •■ 

§ 1-1061.01. 
Uniform Law: , 

[This section is: based on § 2 of the Uniform , . ■ 

Military and Overseas Voters Act. See Vol. 13, • . 

§ 1-1061.03. Elections covered. ,.■....,■•. 

The voting procedures in this subchapter apply to: 

, (1). A general, special, or primary election for President, Vice President, or District of 
Columbia Delegate to the United States House of Representatives; 

(2) A general, special, or primary election for Mayor, Chairman of the Council, member 
of the Council, member of the State Board of Education, or Attorney General for the 
District of Columbia; 

(3) An initiative, referendum, or recall measure; and 

(4) A proposed Charter amendment. 

(June 5, 2012, D.C. Law 19-137, § 103, 59 DCR 2542.) ' " 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 
§ 1-1061.01. ' ■■■■.,,•;■ 

UniformLaw: ■ ; » ' 

; This section is based on § 3 of the Uniform ■ •'■ ' ' ; ■ • _ 

Military and Overseas Voters Act. See Vol. 13, . . ! 

§1-1061.04. Role of Board. 

(a) The Board is responsible for implementing this subchapter and the District's responsi- 
bilities under the Uniformed and Overseas Citizens Absentee Voting Act, approved August 
28, 1986 (100 Stat. 924; 42 U.S.C. l973ffe£ se#).; 

(b) The Board shall make available tq. covered, voters, information regarding voter registra- 
tion procedures for covered voters and procedures , for. castbg military-overseas 1 : ballots. 

(c) The Board shall establish an electronic transmission system through which a , 'covered 
voter may apply for and receive voter registration materials, military-overseas ballots, and 
other information under this subchapter. ''"• " ■ ' '-■'■•• ' ' 

,,(d) TheBoard shall: , i '' i ,', , ",'.' i ;; ; ,'.'^ „ ■ ^i)' 

,: (1) Develop standardized absentee-voting materials, including privacy arid transmission 

envelopes, authentication materials, and voting instructions to be used with the 1 hiilitary- 

overseas ballot of a voter authorized to vote in any jurisdiction in the Dis'triciS; and 

(2) To the extent reasonably possible, coordinate with other states to carry' out) this 

..subsection. \ ( ; i 

(e) The Board shall prescribe the form and content of a declaration for use by a covered 
voter to swear or affirm specific representations pertaining to the voter's identity, eligibility 
to vote, status as a covered voter, and timely and proper completion of an overseas-military 
ballot. The declaration must be based on the declaration prescribed to accompany a federal 
write-in absentee ballot, as modified to be consistent with this subchapter. The Board shall 
ensure that a form for the execution of the declaration, including an indication of the date of 

100 



GOVERNMENT OF DISTRICT § 1-1061.07 

execution of the declaration, is a prominent .part of all balloting materials for which the 

declaration is required. 

(June 5, 2012, D.C. Law 19-137, § 104, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 4 of the Uniform 

Military arid Overseas Voters Act. See Vol. 13, 

§ 1-1061.05. Overseas voter's registration address. 

• In registering to vote, an overseas voter who is eligible to vote in the District must be 
assigned to the voting precinct of the address of the last place of residence of the voter in the 
District, or, in the case of a voter described by § 1-1061.02(2)(E), the address of the last place 
of residence in the District of the parent or legal guardian of the voter. If that address is no 
longer a recognized residential address, the voter must be assigned an address for voting 
purposes. 
(June 5, 2012, D.C. Law 19-137, § 105, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 5 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.06. Methods of registering to vote. 

(a) To apply to register to vote, a covered voter may use a federal postcard application or 
the application's electronic equivalent, or any other method approved under federal law. 

(b) A covered voter may use the declaration accompanying a federal write-in absentee 
ballot to apply to register to vote if the declaration is received by 30 days before the election. 

(c) The Board shall ensure that the electronic transmission system described in 
§ 1-106 1.04(c) is capable of accepting both a federal postcard application and any other 
approved electronic registration application sent to the Board. The voter may use the 
electronic transmission system or any other method approved under federal law to register to 
vote. 

(June 5, 2012, D.C. Law 19-137, § 106, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 6 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.07. Methods of applying for military-overseas ballot. 

(a) A covered voter who is registered to vote in the District may apply for a military- 
overseas ballot using either the regular absentee ballot application on the form prescribed by 
the Board or the federal postcard application or the application's electronic equivalent. 

(b) A covered voter who is not registered to vote in the District may use a federal postcard 
application or the application's electronic equivalent to apply to register to vote under 
§ 1-1061.06 and for a military-overseas ballot. 

101 



§1-1061.07 D.C. OFFICIAL GODE) 

■ (c) The. Board shall ensure that the electronic transmission system describedi'sim 
§ l-1061.04(c) is capable of accepting the submission of both a federal postcard application) 
and any other approved electronic military-overseas ballot application sent to the Board, Thej 
voter may use the electronic transmission system or any other method approved under 
federal law to apply for a military-overseas ballot. 

. . (d) A covered voter may use the declaration accompanying a federal write-in .absentee: 
ballot as an application for a military-overseas ballot simultaneously with the submission jof 
the federal write-in absentee ballot, if the declaration is received by the Board by the 7th day 
before the election. ; .„ v;/,, "j 

(e) To receive the benefits of this subchapter, a covered voter must inform the Board that 
the voter is a covered voter. Methods of informing the Board that a voter is a covered voter 
include: 

(1) The use of a federal postcard application or federal write-in absentee ballot; 

(2) The use of an overseas address on an approved voter registration application or ballot 
application; and ' 

(3) The inclusion on an approved voter registration application or. ballot application of 
other information sufficient to identify the voter as a covered voter. ' .' ' . 

(f) This subchapter does not preclude a covered voter from voting with a regular absentee 
ballot as authorized by the Board. ,:,.,,.,,.-: ..,.. ... , , 

(June 5, 2012, D.C. Law 19-137, § 107, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws .; j ; , ; -j .,,. Part.II, Uniform.. Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. , . , ". 

§ 1-1061.01. ... ,'. .'.:.. : 

Uniform Law: ■■,, ; .,, 

This section is based on § 7 of the Uniform / ; ■< , ; ,., *;,; 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.08. Timeliness and scope of application for military-overseas ballot. 

An application for a military-overseas ballot is timely if received by the 7th day before the 
election. An application for a military-overseas ballot for a primary election, whether or not 
timely, is effective as ah application for a military-overseas ballot for the general election., 
(June 5, 2012, D.C. Law 19-137, § 108, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws ' Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. .,„..-, 

Uniform Law: 
This section is based on § 8 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, , ; 

§ 1-1061.09. Transmission of unvoted ballots. l ,',' t 

(a) For an election described in § 1-1061.03 for which the District has not received 1 ^ 
waiver pursuant to section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting 
Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-l(g)(2)), ho later thari^ 
days before the election or, if the 45th day before the election is a weekend or, .holiday, „nq 
later than the business day preceding the 45th day, the Board shall' 'transmit- a ballot and' 
balloting materials to all covered voters who by that date submit a valid military-overseas 
ballot application. ;.,,>,■) 

(b) A covered voter who requests that a ballot and balloting materials be sent to the Voter' 
by electronic transmission may choose facsimile transmission or electronic mail delivery, or,' if 
offered by the District, Internet delivery. The Board shall transmit the ballot and balloting; 
materials to the voter using the means of transmission chosen by the voter. ■ '; 

102 



GOVERNMENT OF DISTRICT § 1-1061.12 

(c) If a ballot application from a covered voter arrives after the District begins transmitting 
ballots and balloting materials to voters, the Board shall transmit the ballot and balloting 
materials to the voter no later than 2 business days after the application arrives. 
(June 5, 2012, D.C. Law 19-137, § 109, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 9 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.10. Timely casting of ballot. 

To be valid, a military-overseas ballot must be submitted by the voter. on the date of the 
election by mailing or other authorized means of delivery no later than 12:01 a.m. at the place 
where the voter completes the ballot. 
(June 5, 2012, D.C. Law 19-137, § 110, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 10 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.11. Federal write-in absentee ballot. 

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot 
measures in an election described in § 1-1061.03. 
(June 5, 2012, D.C. Law 19-137, § 111, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 11 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§1-1061.12. Receipt Of voted ballot. 

(a) A valid military-overseas ballot cast in accordance with § 1-1061.10 must be counted if 
it is delivered within 10 days after the election to the address that the Board has specified. 

(b) If, at the time of completing a military-overseas ballot and balloting materials, the voter 
has declared under penalty of perjury that the ballot was timely submitted, the ballot may not. 
be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark. 
(June 5, 2012, D.C. Law 19-137, § 112, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 12 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

103 



§ 1-106L13 : d.c. offigiae; code 

'IS -1-1061.13. Declaration. i >.■>': 

A military-overseas ballot must include or be accompanied by a declaration signed by the 
voter that a material misstatement of fact in completing the ballot may be grounds for a 
conviction of making a false statement under the laws of the District. ' " ' 

(June 5, 2012, D.C. Law 19-137, § 113, 59 DCR 2542.) 

.■;'" Historical and Statutory Notes • j, 

Legislative History of Laws Part II, Uniform Laws Annotated, Master, Edition 

For history of Law 19-137, see notes under Or ULA Database on Westlaw. . ,„■ ,, , ; t i; 

§ 1-1061.01. ,.■■■■• j ,,.,:■, , ,i .,, f^,',',:,".:,;-' ' 

Uniform Law: . .! .,■■. i . ■ >■ , ,../ -.nvr.'O Iims Vi:;;< ;; i'/ 

This section is based on § 13 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, . . , , ..,., ,.,. , ,. , , . , 

, ; f . : . ) ■ ;,.;'■ i';:';"; 7 v.'-"i!:: '•■ .(Sii.UKJi! ! ! ■'; 

§ 1-1061.14. Confirmation of receipt Of application and voted ballots '"■' 

The Board shall implement an electronic free-access system' by , which ^a .covered voter may 
determine by telephone, electronic maU, or Internet'whethery ; ; ;;; ,■;. ; ; /■■>■■• -.■■■■ ..■: ;; r : - i ;.. 

(1) The voter's federal postcard application or, other registration or military-overseas 
ballot application has been r'eceived ,, aiid''ac'cep l tiea; and' 1 "' 1 ' ! 
,w (2) The voter's military-overseas 'ballot has been received and the current status of the 

ballot. ''■ "^ ;i: v "''" ; " ' ;tl ' ''■' " : ' ' 'V' 1 '; ; ,. 

(June 5, 2012, D.C. Law 19-137, § 114, 59 DCR 2542.) :;: > ■■■,-., 



Historical and Statutory Notes 

Legislative History of Laws :■<-."■•, Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes "under or ULA Database on Westlaw. 

§ i:-io6i.oi. - j -<:.- i? .!j ?<.;?:;.; ;:-:^-.-' ■ ■■.-■.-:■- ■'■-■.•.:..■??-. 

Uniform Law: ,.;'/' 

This section is based on § 14 of the Uniform, .... _ :l , • , ^ . ; . , : ,, , „.,,,■ 

Military and Overseas Voters Act. See Vol. 13, 

:'-': ! ':yf vffttu v ';'.'•*'.; ,■;■.>; ;,:;->;'»: v ;,-:r j, ';' 

§ 1-1061.15. Use of voter's electrpnic r mail address. c . i -. f ., v , ( ,.,,.•,., ,.=, 

(a) The Board shall request an electronic-mail 1 address from each covered ' voter, who 
registers to vote after June 5, 2012. An electronic-mail address provided by a covered yptei) 
or by any other District voter, may not be made available; to, the public ,or v any individual,' or 
organization other than an authorized agent o£ the .Board .andisjiexempt from n disclosure 
under subchapter II of Chapter 5 of Title 2. The address may be used only for official 
communication with the voter about the voting ipfpqe^SyoW^A^gjjtBaipnittog'imiUl^ryr 
overseas ballots and election materials if the voter has requested electronic .transmission, and 
verifying the voter's mailing address and physical location. The 'request' 'for an eiectroriic- 
mail address must describe the purposes for which the electronic-mail address may be used 
and include a statement that any other use or disclosure of the electronic-mail address is 

.prohibited. ; 

(b) A covered voter who provides an eiectronic-mail address may request that the voter's 
application for a military-overseas ballot be considered a standing request for electronic 
delivery of a ballot for all elections held through December 31 of the year of the date of the 
application or another shorter period that the voter specifies. The Board shall provide a 
■military-overseas ballot to a voter who makes a standing request for each election to which 
the request is applicable. A covered voter who is entitled to receive a military-overseas ballot 
for a primary election under this subsection is entitled to receive a military-overseas ballot for 
the general election. .'.'.' 
(June 5, 2012, D.C. Law 19-137, § 115, 59 DCR 2542.) , ■ ;, „: .-> 

104 



GOVERNMENT OF DISTRICT § 1-1061.17 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 15 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.16. Publication of election notice. 

(a) At least 100 days before a regularly scheduled election and as soon as practicable 
before an election not regularly scheduled, the Board shall prepare an election notice, to be 
used in conjunction with a federal write-in absentee ballot. The election notice must contain a 
list of all of the ballot measures and federal and District offices that as of that date the Board 
expects to be on the ballot on the date of the election. The notice also must contain specific 
instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's 
choice for each office to be filled and for each ballot measure to be contested. 

(b) A covered voter may request a copy of an election notice. The Board shall send the 
election notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests. 

(c) No later than 45 days before an election, the Board shall update the election notice 
described in subsection (a) of this section with the certified candidates for each office and 
ballot measure questions and make the updated notice publicly available. 

(d) The Board shall make the election notice prepared under subsection (a) of this section 
and updated versions of the election notice regularly available on the Board's Internet 
website. 

(June 5, 2012, D.C. Law 19-137, § 116, 59 DCR 2542.) 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. 

Uniform Law: 
This section is based on § 16 of the Uniform 

Military and Overseas Voters Act. See Vol. 13, 

§ 1-1061.17. Prohibition of nonsubstantive requirements. 

(a) If a voter's mistake or omission in the completion of a document under this subchapter 
does not prevent determining whether a covered voter is eligible to vote, the mistake or 
omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, 
such as using paper or envelopes of a specified size or weight, shall not invalidate a document 
submitted under this subchapter. In a write-in ballot authorized by this subchapter or in a 
vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable 
under the District's uniform definition of what constitutes a vote, an abbreviation, misspelling, 
or other minor variation in the form of the name of a candidate or a political party shall be 
accepted as a valid vote. 

(b) Notarization is not required for the execution of a document under this subchapter. An 
authentication, other than the declaration specified in § 1-1061.13 or the declaration on the 
federal postcard application and federal write-in absentee ballot, is not required for the 
execution of a document under this subchapter. The declaration and any information in the 
declaration may be compared with information on file to ascertain the validity of the 
document. 

(June 5, 2012, D.C. Law 19-137, § 117, 59 DCR 2542.) 

105 



§ 1-1061.17 D.C, OFFICIAL CODE 

Historical and Statutory Notes 

.Legislative History of Laws Part II, Uniform Laws Annotated,. Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. :■, -,- -,-, rl 

§ 1-1061.01. >.<:. ,„'; J i 

Uniform Law: . ;."-iiIT 

This section is based on § 17 of the Uniform ,,:■?;, . ■'■:,,'.'' > ■■;■■" 

Military and Overseas Voters Act. See Vol. 13, \ , , :.■,■.-' .', . ' . .\ ■'■■'■K 

§1-1061.18. Equitable relief. , s 

The Superior Court of the District of Columbia may issue an injunction or grant other 
equitable relief appropriate to ensure substantial compliance with or to enforce this subchap- 
ter on application by: 

(1) A covered voter alleging a grievance under this subchapter; or . .':■•'.,,■ 

(2) An election official in the District. .'..-.. 
(June 5, 2012, D.C. Law 19-137, § 118, 59 DCR 2542.) .. . - .-.■•.,.■... 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westiaw. ' ,; ; 

§1-1061.01. . ,- . ,,.,, 

Uniform Law: ,-,. , 

This section is based oh § 18 of the Uniform ' ..' " 

Military and Overseas Voters Act. See Vol. 13, ■' ■ : "' i,,:i:?i 

■ ' : ■-.- . ' . .■ '-T (ID 

§ 1-1061.19. Uniformity of application arid construction. ' h hn 

■-.•tW?-,)-.;/ 

In applying and construing this uniform act, consideration must be given to the need to 
promote uniformity of the law with respect to its subject matter among states that 1 enact it. 

(June 5, 2012, D.C. Law 19-137, § 119, 59 DCR 2542.) 

Historical and Statutory Notes i: '-'" J 

Legislative History of Laws Part II, Uniform Laws Annotated, Master Edition 

For history of Law 19-137, see notes under or ULA Database on Westlaw. 

§ 1-1061.01. .., ; ,,.:■■ ' ■ ■-,. -: •;.' 

Uniform Law: .;/ .,--7 ;.■'■' -,■ ,;.■.''' ■ ,;. --;;;7 ; 7" 

This section is based on § 19 of the Uniform 

Military and Overseas Voters Act. See Vol. 13,. , , ,, , ,. , , ,. 

§ 1-1061.20. Relation to Electronic Signatures irinGlobal arid Nationals Cdm- 

merce Act. ■ ■■■'•■■).-'"'. . ■ . . r.itb/ ;.;-? ; .iik- - . ■•:■••<; ;r,u -.-.•wh 

: , r . wjoh slit !)■}.[;! i; 1 ^" ■ - : ! ■'. -.nwv-.'v-no 

This subchapter modifies, limits, or supersedes, the Electronic; Signatures in Global;, and 
National Commerce Act, approved June 30, 2000,(il4fStat ft 464;,;15 U.S.C.§ TOOLet. seg. ; ) 
("Act"), but does not modify, limit, or supersede section-:, li)i(c) of that Act (lS^tl^G. 
§ 7001(c)), or authorize electronic delivery of any of the, notices .described in section 103(b) of 
that Act (15 U.S.C. § 7003(b)). .,..,„ ■ ,,- .; '-,■-,.;■ ,-, 

(June 5, 2012, D.C. Law 19-137, § 120, 59 DCR 2542.) ' 

Historical and Statutory Notes 

Legislative History of Laws Part II, Uniform Laws Annotated,- Master Edition 

For history of Law 19-137, see notes under or ULA Database oil Westlaw. 

§ -1-1061.01, ,. - ( , ;i ,-.,,.-, 

Uniform Law: 

This section is based on § 20 of the Uniform ,.•■.. 

Military and Overseas Voters Act. See Vol. 13, ' , ... ; ,.--<>l.--.i 

106 



GOVERNMENT OF DISTRICT § 1-1162.25 

Chapter 11A 
Government Ethics and Accountability. 

Subchapter II. Ethics Act. Section 

Part A. District of Columbia Board of Ethics 1-1162.25. Confidential disclosure of financial in- 

and Government Accountability terest. 

Establishment. 

Subchapter III. Campaign Finance. 

Section Part B. Campaign Finance Committees. 

1-1162.02. Establishment of the District of Co- 
lumbia Board of Ethics and Govern- 1-1163.10. Principal campaign committee, 
ment Accountability. 

Subchapter IV. Transition Provisions; 

Part D. Financial Disclosures And Honoraria. Applicability 

1-1162.24. Public reporting. 1-1164.01. Transition provisions; applicability. 



Subchapter II. Ethics Act. 

Part A. District of Columbia Board of Ethics and 
Government Accountability Establishment. 

§ 1-1162.02. Establishment of the District of Columbia Board of Ethics and 
Government Accountability. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 1073 of Fiscal Year 2013 Budget Support Con- 

§ 1073 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act of 2012 (D.C. 

gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19^13, July 25, 2012, 59 DCR 9290). 
59DCR7764). 

Part D. Financial Disclosures And Honoraria. 

§ 1-1162.24. Public reporting-. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 1072(a) of Fiscal Year 2013 Budget Support 

see § 1072(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (D.a Act 19^13, July 25, 2012, 59 DCR 9290). 

2012, 59 DCR 7764). ^ A ' , ' ^ , t . 

For temoorarv (90 day) addition of section see For tem P oral 'y < 90 day) addition of section, see 
§ 1074 of Fiscal Year 2013 Budget Support Emer- § 1074 of , Fiscal Year 2013 Bud S et Su PP ort Co- 
gency Act of 2012 (D.C. Act 19-383, June 19, 2012, gressional Review Emergency Act of 2012 (D.C. 
59 DCR 7764). Act 19-413, July 25, 2012, 59 DCR 9290). 

§ 1-1162.25. Confidential disclosure of financial interest. 

Historical and Statutory Notes 

Emergency Act Amendments gency Act of 2012 (D.C. Act 19-383, June 19, 2012, 

For temporary (90 day) amendment of section, 59 DCR 7764). 

Z!~?IS oAmJ^C aSiWjIT^ For tem P 0r ^ (90 da ^ amendment of section > 

2012 59 DCR 7764) see § 1072(b) of Fiscal Year 2013 Bud g et Su PP ort 

For temporary (90 day) addition of section, see ^PfH^i^fT ^^Vftp* ooonf 
§ 1074 of Fiscal Year 2013 Budget Support Emer- < D - C - Act 1£M13 > Jul y 25 > 2012 > 59 DCR 9290 >- 

107 



§1-1162.25 D.C; OFFICIAL CODE 

For temporary (90 day) addition of section, see gressional Review Emergency Act of 2012 (D.C. 
§ 1074 of Fiscal Year 2013 Budget Support Con- Act 19-413, July 25, 2012, 59 DCR 9290). 

Subchapter III. Campaign Finance. 
. Part B. Campaign Finance Committees. y ."■..: n.-r t 

§ 1-1163.10. Principal campaign committee. 

Historical and Statutory Notes ; ' 

Emergency Act' Amendments ,, ; < Emergency Act of 2012 (D.C; Act 19-383, June 19, 

For temporary (90 day) addition of section, see 2012, 59 DCR 7764). , » 

§ 2(a) , of .: Board of Ethics and Government Ac- ■ P „„ (.„„,„„„„„„ mn j„,,\ „«;«„„ n t „„„«„„ „ aa 

countability Establishment and Comprehensive ,„ f n ^™f ™ y iv ^ffe^? 6 ^^ 

Ethics Reform Clarification Emergency Amend- § 1072 W of FlScal Year 2013 Bud S et Su PP ort Con - 

ment Act of 2012 (D.C. Act 19-371, May 16, 2012, gressional Review Emergency Act , of 2012 (D.C. 

59 DCR 5711). Act 19-413, July 25, 2012', & DdR 9290).' 

For temporary (90 day) addition of section, see 
§ 1072(c) of Fiscal Year 2013 Budget Support .. 

,■. -: Wi'l'll.K'iU'-m 

Subchapter IV. ■TRANSKi|QN 1 \P^oyisipNs^^PLicABnsiTY 
§ 1-1164.01. Transition provisions; applicability. 

Historical and Statutory Notes >i 

Emergency Act Amendments of 2012 (D.C. Act 19-371, May 16, 2012, 59 DCR 

For temporary (90 day) amendment of section, 5711). 

S A e6 § ? (b . } .,.? f £°f t°l Eth x kS ^ Gove ™ nt For temporary (90 day) amendment of section, 

Accountably Establishment and Comprehensive gee § 1072(d) of pigcal Y lS Bud t gup rf 

Ethics Reform Clarification Emergency Amend- „ ; . ,,0^10 ,™ /-. » j. in oSo T - m 

intent Act of 2012 (D.C. Act 19-371, May 16, 2012, ^5 ff^t^ 2 ° 12 (D ' C - Act 1 ^ m ' June 19 ' 
59 DCR 5711). 2012, 59 DCR 7764). ,, 

For temporary (90 day) addition of section, see For temporary (90 day) amendment of section, 

§ 3 of Board of Ethics and Government Accounta- see § 1072(d) of Fiscal Year 2013 Budget Support 

bility Establishment and . Comprehensive Ethics Congressional Review Emergency Act of 2012 

Reform Clarification Emergency Amendment Act (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 

Chapter 12 

/, ;."..,/.,.'. : ."'"; -".."'_.-.'' Notaries Public. :: 'J'''!' J ''!"!' '"''J' 1 

■Section-,'; .■■,!;■ .';; >...' ■■■;.. .■/ . .' .;.-': ■ ■■■' .-.*■,■.■>■/■ >;-.ii-i 

1-1201. Appointment; representation of clients ' '.': i ;■ ..':<'£ 

before government departments;.' li- ■•> -r • .. .- 1 ':■,,,:•. i' ,, , ,• -".,-;,. ■■,■■ ■ ur'i 

..'.., cense fee; rules. "' " ■■>■■;.: ■ • i ;.;;""•< ;■>/ '■■:'■■:■■'■) '-.u vrni ; '; 

' '" ■' : ' ;: " '' ''" ' ,:v;s:'.: , ; i, '., <<■ .-.' , ;,: ..')( . ).i li ;:fn;:';ii ;■■/• y-.wn 

■■■' ■ '.' : :■>■■■ i ■■ . : ■ ' .iiliW K'Ki Vt\ 

§ 1-1201. Appointment; representation of cHents beforeYgo^e^nmentjjdepar^- 
ments; license fee; rules. 

Historical and Statutory Notes 

Emergency Act Amendments : For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 8003 of Fiscal Year 2013 Budget Support 

see § 8003 of Fiscal Year 2013 Budget Support -Congressional Review Emergency Act Of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 

2012, 59 DCR 7764). , 

108 



GOVERNMENT OF DISTRICT § 2-510 

Note 12 

TITLE 2 

GOVERNMENT ADMINISTRATION. 

Chapter Section 

5. Administrative Procedure 2-508 

12. Business and Economic Development 2-1215.15 

14. Human Rights 2-1401.01 

15. Youth Affairs 2-1515.01 

Chapter 5 
Administrative Procedure. 

Subchapter I. Administrative Procedure. Section 

Subchapter II. Freedom of Information. 
Section 

2-508. Declaratory orders. 2-532. Right of access to public records; allow- 

2-509. Contested cases. able costs; time limits. 

2-510. Judicial review.. 2-537. Administrative appeals. 



Subchapter I. Administrative Procedure. 

§ 2-508. Declaratory orders. 

Notes of Decisions 

3. Judicial review (APA) to appeal adverse decision by WASA's hear- 

Claims by owner of apartment building in peti- in 8 ° fficer directly to the Court of Appeals where 

tion that it filed with the Water and Sewer Author- ™' w f not ^allenging the particulars of water 

•i /tirAci«N ii- i •! i. v Li * i ii bills, and owners petition before the WASA fo- 

ity (WASA), that it was not liable for tenants cused on questions of i aw and policy rather than 

unpaid water bills and that WASA could not file adjudicative facts. Euclid Street, LLC v. District 

liens on the building for such bills, did not arise f Columbia Water and Sewer Authority, 2012, 41 

from a "contested case," and thus owner was not A.3d 453. Water Law ®= 2138; Water Law «= 

required by the Administrative Procedure Act 2214; Water Law @=> 2233 



§ 2-509. Contested cases. 



Notes of Decisions 



28. Judicial review, generally, public util- (APA) to appeal adverse decision by WASA's hear- 

ities ing officer directly to the Court of Appeals, where 

Claims by owner of apartment building in peti- owner was not challenging the particulars of water 

tion that it filed with the Water and Sewer Author- bills, and owner's petition before the WASA fo- 

ity (WASA), that it was not liable for tenants' cused on questions of law and policy rather than 

unpaid water bills and that WASA could not file adjudicative facts. Euclid Street, LLC v. District 

liens on the building for such bills, did not arise of Columbia Water and Sewer Authority, 2012, '41 

from a "contested case," and thus owner was not A3d 453. Water Law ®= 2138; Water Law ®=> 

required by the Administrative Procedure Act 2214; Water Law ®=> 2233 

§ 2-510. Judicial review. 

Notes of Decisions 

12. Labor and employment — In general ee under rule that required agency to take remedi- 

District of Columbia Court of Appeals did not al actions when an employee was discriminated 

owe deference to decision by Office of Human against in violation of Human Rights Act (HRA), 

Rights (OHR) that it had no authority to award where OHR's interpretation misapplied accepted 

prejudgment interest on back pay awarded to a interpretive criteria in considering the relevant 

former Department of Corrections (DOC) employ- language in the regulations, its reasoning was logi- 

109 



§2-510 

Note 12 

cally flawed, and it did not consider the purpose of 
an interest award on back pay in light of the 
remedial objective of the DCHRA, and, thus, inter- 
pretation was incorrect as a matter of law and 
unreasonable. District of Columbia Office of Hu- 
man Rights v. District of Columbia Dept. of Cor- 
rections, 2012, 40 A.3d 917. Interest <3=> 39(2.45) 

33, Workers compensation proceedings 

; ALJ's failure to explain her reasoning in arriv- 
ing at a seven percent permanent partial disability 
(PPD) award for workers' compensation claimant's 
work-related knee injury required remand for ALJ 
to make such additional findings of fact and 1 rea- 
soned conclusions of law that would support the 
determination of the disability award. Jones v. 
District of Columbia Dept. of Employment Ser- 
vices, 2012, 41 A.3d 1219. Workers' Compensation 
e=>1950 

42, Contested cases — In general 

Claims by owner of apartment building in peti- 
tion that it filed with the Water and Sewer Author- 
ity (WASA), that it was not liable for tenants' 
unpaid water bills and that WASA could not file 
liens on the building for such bills, did not arise 
from a "contested case," and thus .owner was not 
required by the Administrative Procedure Act 
(APA) to appeal adverse decision by WASA's hear- 



D.C. . OFFICIALISE©©! 

ing officer directly to the Court of Appeals, where 
owner was not challenging the particulars of water 
bills, and owner's petition before the WASA fo- 
cused on questions of law and policy rather than 
adjudicative facts. Euclid Street, LLC v. District 
of Columbia Water and Sewer Authority, 2012;ff41 
A.3d 453. Water Law <3= 2138; Water Law -^ 
2214; Water Law ®p 2233 > .2 r 

, M 

51. Agency interpretation and application jjrf 
its rules and regulations 
Office of Human Rights (OHR) was required to 
award prejudgment interest on backpay awarded 
to former Department of Corrections (DOC) em- 
ployee, who was involved in protracted administra- 
tive dispute which spanned 17 years and involved 
allegations, ofsexual arid racial discrirninatiori,:: un- 
der rule that required agency to take remedial 
actions , when an employee was discriminate'd 
against in violation of Human Rights' Act (HRA);- 
claimant endured a particularly long and proceduri 
ally complicated ordeal, arid, thus, interest 1 iwa's 
particularly appropriate to compensate her for the 
lost time-value of her recovery. District of Colum- 
bia Office of Human Rights v. District of Columbia 
Dept. of Corrections, 2012, 40 A.3d 917. Interest' 
«=> 39(2.45) ... ,,.., „ „ 



Subchapter II. Freedom op Information. 
§ 2-532. Right of access to public records; allowable costs; time limits. 



Notes of Decisions 



Write-in votes 6 



6. Write-in votes " ■ /. ;i,;::; 

Where write-in votes could have no possible 
effect on the outcome, the District of Columbia's 
refusal to tally and report the precise number of 
voters who penciled in write-in candidate as their 
presidential candidate of choice did not amount to 
disenfranchising those voters or imposing a severe 



burden on their speech arid associational rights; 
any burden imposed was to some extent mitigated 
by the District's Freedom of Information Act, 
jvhich provided that "[a]ny person has a right (to 
inspect any public record of a public body," and 
expressly defines the term "public record" to in- 
clude voting data. • Libertarian Party v. District of 
Columbia Bd. of Elections and Ethics, C.A.D.C. 
';2,012,.,6.82 F.3d 72, rehearing en banc denied. Con- 
stitutional Law "S=» 1467; Constitutional Law ®= 
iegS^Mections^M''^' 7 '"' 11 ^ 1 -' 55 - 1 ' " ■'"'■' 



§ 2--537. Administrative appeals. 

Notes of Decisions 



: i:q;! If) ■f.'ir./o 



• ti". 



In general % 



% In general 

News journal was entitled to initiate an action 
for an injunction to compel the District of Colum- 
bia to produce documents in response to a request 
under the District of Columbia Freedom of Infor- 
mation Act (FOIA); news journal appealed a denial 
of its fee waiver and electronic-format requests, 
and news journal did not receive a determination 
from the mayor's correspondence unit within the 
time limits set forth by the FOIA. Prisori Legal 
News v. D.C., 139 WLR 2677 (Super. Ct. 2011). 



2. Costs and attorney fees 

News journal showed a causal nexus between its 
action for an injunction to compel the District of 
Columbia to produce documents in response to a 
request under the District of Columbia Freedorri of 
Information Act (FOIA) and the District of Colum- 
bia's search for and production of responsive docu- 
ments, and thus news journal was a prevailing 
party and could seek attorney fees and costs pur- 
suant to the FOIA; the District of Columbia did 
not identify all responsive documents prior to the 
commencement of the action and was so excessive- 
ly dilatory in the performance of its duties under 
the FOIA that trial court issued rnultiple orders to 



110 



GOVERNMENT OF DISTRICT 



§ 2-1215.58 



compel delivery of responsive documents by speci- 
fied dates, and the delay could not be character- 
ized as an unavoidable delay accompanied by due 
diligence. Prison Legal News v. D.C., 139 WLR 
2677 (Super. Ct. 2011). t 

News journal that prevailed in its action for an 
injunction to compel the District of Columbia to 
produce documents in response to a request under 
the District of Columbia Freedom of Information 
Act (FOIA) would be granted attorney fees and 



costs pursuant to the FOIA; four-factor analysis 
for determining whether an award of attorney fees 
and costs was warranted under the FOIA, i.e., an 
analysis involving the factors of the public benefit 
derived from the case, the commercial benefit to 
the complainant, the nature of the complainant's 
interest in the records sought, and whether the 
government's withholding of the requested records 
had a reasonable basis in law, weighed in favor of 
news journal. Prison Legal News v. D.C., 139 
WLR 2677 (Super. Ct. 2011). 



Chapter 12 
Business and Economic Development. 



Subchapter VIII. Business 

Improvement Districts. 

Part A. General. 

Section 

2-1215.15. Collection and disbursement of BID 
taxes. 

Part B. BID Formations. 

2-1215.51. Downtown BID. 
2-1215.58. Capitol Riverfront BID. 

Subchapter IX-A. Tax Increment Financing 
for Retail Development. 

2-1217.73. Retail Priority Areas. « 



Section 

Subchapter XIII. District Assumption 

of Authority of NCRC and AWC. 

Part A. Reorganization of NCRC and AWC. 

2-1225.02. Transition to District control. 

Part C. Economic Development 
Special Account. 

2-1225.21. Economic Development Special Ac- 
count. [Repealed] 

Part E. Eminent Domain. 

2-1225.42. Further exercise of eminent domain at 
Skyland Shopping Center. 



Subchapter VIII. Business Improvement Districts. 
Part A. General. 
§ 2-1215.15. Collection and disbursement of BID taxes. 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-427, .July 27, 2012, 

For temporary (90 day) amendment of section, 59 DCR 9381). 
see § 2(a) of Downtown BID Emergency Amend- 

Part B. BID Formations. 
§ 2-1215.51. Downtown BID. 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-427, July 27, 2012, 

For temporary (90 day) amendment of section, 59 DCR 9381). 
see § 2(b) of Downtown BID Emergency Amend- 



§ 2-1215.58. Capitol Riverfront BID. 

(a) Subject to review and approval by the Mayor under the provisions of §§ 2-1215.04 and 
2-1215.05, the formation of the Capitol Riverfront BID, including nonexempt real property 
within the geographic area set forth in subsection (b) of this section, is hereby authorized and 

111 



§2-1215:58 D.c. official code 

the 'BID taxes established in subsection (c) of this section are hereby imposed through the 
expiration date of this act or the termination or dissolution of the BID. ■'.''' "■] 

1 (b) The Capitol Riverfront BID shall be comprised of the geographic area bounded by a, 
line beginning at the intersection of an extension south of the center line of 2nd Street, S.W. 1 ,; 
and the northern bank of the Anacostia River; continuing north along extension of the center 
line of 2nd Street, S.W., to the center line of 2nd Street, S.W.; continuing north along the 
center line of 2nd Street, S.W., to the center line of Q Street, S. W.; continuing east. along the- 
center line of Q Street, S.W., to the center line of Half Street, S.W.; continuing north along 
the center line of Half Street, S.W., to the center line of P Street, S.W.; continuing east along 
the center line of P Street, S.W., to the center line of South Capitol Street; continuing north 
along the center line of South Capitol Street to the southern boundary of the Southeast- 
Southwest Freeway (1-395); continuing southeast along the southern boundary of the 
Southeast-Southwest Freeway (1-395) to the intersection of an extension south of the center 
line of 15th Street, S.E.; continuing south along the extension of the center line of 15th 
Street, S.E., to the northern bank of the Anacostia River; continuing southwest along the 
northern bank of the Anacostia River to the center line of 2nd Street, S.W. . ; ' ; .',',■',"" 

(c)(1) The BID taxes for the nonexempt real properties in the Capitol Riverfront BID shall 

be: ■ ■ .^ -/; ■ 

(A) $0.16 per square foot for ..commercial buildings greater or, equal, to 8,000 square, 
feet, and $0.09 per $100 of assessed value for commercial buildings less than 8,000 square 
feet; provided, that the BID tax imposed on any such real property shall not exceed 
$100,000 annually; •.: .,.[;;,: .^ ^ . . 

(B) $120 per unit for residential units. annually; .- „ 

(C) $95 per hotel room annually;' <i 

(D) $0.16 per square foot for land or buildings with existing active industrial, utility, or 
storage use; "■•■■■■, 

(E) $0.08 per square foot for real property within the new proposed Frederick 
Douglass Memorial Bridge right-of-way; and 

(F) $0.36 per square foot for unimproved land that is up to 88,000 square feet, $0,065 
per square foot for unimproved land that is 88,000 to 200,000 square feet, and $0.18 per 
square foot for unimproved land that is greater than 200,000 square feet; provided, that 
the BID tax imposed on any such unimproved land shall not exceed $100,000 annually. 

(2) To the extent that a building that is subject to the BID tax is constructed pursuant to 
a ground lease on land that is exempt from real property taxes, the assessed value of the 
real property for purposes of the BID tax shall include the value of the building and the 
leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and 
the lessee or user of the land shall be assessed the corresponding BID tax, which shall be a 
personal liability of the lessee. Delinquencies shall be collected in the same manner as 
possessory interest taxes under § 47-1005.01 or as otherwise provided in this subchapter! 

(3) A 5% annual increase in the BID taxes oyer the Current tax year rates SpeCifiM in 
paragraph (1) of this subsection is authorized subject to the requirements of § 2-^l2l5;08(b;.' 

(4) For the purposes of this subsection, the real property, located in Square 770, Lot 802, 
designated as the DOT PILOT Area under the DOT Pilot' 1 Revision Emergency Approval 
Resolution of 2006, effective October 18, 2006 (Res. 16-845; 53 DCR 8970),. shall be deemed 
a nonexempt real property. -'* ' ! l! ^ ''■"'• ■ ;;; '"'"«« 5 ' An.^i '^1- « v. 

(May 29, 1996, D.C. Law 11-134, § 208, as added Oct. 18, 2007, D.C, Law 17-27, § 2(c), 54 DCR 8020; 
Mar. 25, 2009, D.C. Law 17-353, §§ 179, 219, 56 DCR 1117; July 13,2012, D.C. Law 19-161, § 2, 59 DCR 
5704.). .,....■". ■" v;; '. ■- ■' i-.,- , „-:■;■. v,.;M 

Historical and Statutory Notes 

Effect of Amendments "(A) The amount of $0.09 per $100 of the as- 

D.C. Law 19-161 rewrote subsec. (c)(1), which ^ssed value of real property containing less than 

formerly read- 50,000 square feet of gross building area; 

"' ' „ „ , "(B) The amount of $0.04 per $100 of the as- 

"(c)(1) The BID taxes for the nonexempt real sessed value of land and buildings which have a 

properties in the Capitol Riverfront BID shall be: certificate of occupancy or other District license 

112 



GOVERNMENT OF DISTRICT 

indicating that the land or building has an existing 
active industrial, utility, or storage use; 

" (C) The amount of $0.02 per $100 of assessed 
value of land and buildings located, in whole or in 
part, within the right-of-way for the realignment of 
the Frederick Douglass Memorial Bridge; 

"(D) The amount of $0.12 per square foot of 
commercial buildings containing 50,000 square feet 
of gross building area or more; provided, that the 
BID tax imposed on any such real property shall 
not exceed $75,000 annually; 

"(E) The amount of $72 per hotel room annual- 
ly; and 

"(F) The amount of $96 per unit annually for 
nonexempt residential properties; provided, that if 
a residential unit is restricted to residents based 
upon income pursuant to a federal or District 



§ 2-1225.21 
Repealed 

affordable housing program, the BID tax due on 
the unit shall be computed by applying the per- 
centage of area median income that an eligible 
household must meet to participate in the afforda- 
ble housing program for the unit to the amount of 
the BID tax which would otherwise be due." 

Legislative History of Laws 

Law 19-161, the • "Capitol Riverfront BID 
Amendment Act of 2012", was introduced in Coun- 
cil and assigned Bill No. 19-707, which was re- 
ferred to the Committee on Finance and Revenue. 
The Bill was adopted on first and second readings 
on April 17, 2012, and May 1, 2012, respectively. 
Signed by the Mayor on May 15, 2012, it was 
assigned Act No. 19-369 and transmitted to both 
Houses of Congress for its review. D.C. Law 
19-161 became effective on July 13, 2012. 



Subchapter IX-A. Tax Increment Financing for Retail Development. 
§ 2-1217.73. Retail Priority Areas. 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 2152 of Fiscal Year 2013 Budget Support 
Emergency Act of 2012 (D.C. Act 19-383, June 19, 
2012, 59 DCR 7764). 



Historical and Statutory Notes 

For temporary (90 day) amendment of section, 
see § 2152 of Fiscal Year 2013 Budget Support 
Congressional Review Emergency Act of 2012 
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 



Subchapter XIII. District Assumption of Authority of NCRC and AWC. 
Part A. Reorganization of NCRC and AWC. 
§ 2-1225.02. Transition to District control. 



Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 2022(a) of Fiscal Year 2013 Budget Support 
Emergency Act of 2012 (D.C. Act 19-383, June 19, 
2012, 59 DCR 7764). 



For temporary (90 day) amendment of section, 
see § 2022(a) of Fiscal Year 2013 Budget Support 
Congressional Review Emergency Act of 2012 
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 



Part C. Economic Development Special Account. 
§ 2-1225.21. Economic Development Special Account. [Repealed] 



Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) revival and amendment 
of section, see § 2022(b) of Fiscal Year 2013 Bud- 
get Support Emergency Act of 2012, (D.C. Act 
19-383, June 19, 2012, 59 DCR 7764). 

For temporary (90 day) repeal of section 9027(b) 
of D.C. Law 19-21, see § 2023 of Fiscal Year 2013 
Budget Support Emergency Act of 2012 (D.C. Act 
19-383, June 19, 2012, 59 DCR 7764). 



For temporary (90 day) revival and amendment 
of section, see § 2022(b) of Fiscal Year 2013 Bud- 
get Support Congressional Review Emergency Act 
of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 
9290). 

For temporary (90 day) repeal of section 9027(b) 
of D.C. Law 19-21, see § 2023 of Fiscal Year 2013 
Budget Support Congressional Review Emergency 
Act of 2012 (D.C. Act 19^13, July 25, 2012, 59 
DCR 9290). 



113 



§ 2^1225.42 



D.C. OFFICIALi:©0©l 



Part E. Eminent Domain. 



'.iii.tr.'iibni 
•n\ wit'Wi 



§ 2-1225.42. Further exercise of eminent domain at Skyland Shopping Cen^r, 

Historical and Statutory Notes 



Emergency Act Amendments 

' For. temporary (90 day) addition of sections, see 
§§ 2032 to 2036 of Fiscal Year 2013 Budget Sup- 
port Emergency Act of 2012 (D.C. Act 19-383, 
June 19, 2012, 59 DCR 7764). 



■ ■ ■ :;y ,hK([ 

•■ .■ -loill 

For temporary (90 day) addition of sections, 1 'see 
§§ 2032 to 2036 of Fiscal Year 2013 Budget' Sap- 
port Congressional Review Emergency Act of 20i ! 2 
(D.C. Act 19-413, July 25,-2012, 59 DCR 9290)'. 



Chapter 14 
Human Rights. 



Unit A. Human Rights Law. 
Subchapter I. General Provisions. ., ,- r 

Section 

2-1401.01. Intent of Council. 

2-1401.02. Definitions. 

2-1401.05. Discrimination based on pregnancy,, 
childbirth, related medical cbridi- ' 
tions, or breastfeeding. •, ■-■> I 

Subchapter II. Prohibited Acts . 
of Discrimination. 
Part B. Employment. 



Section 

2-1402.11. Prohibitions. .... 

Part G. Other Prohibited Practices. 

2-1402.61. Coercion or retaliation. 

Subchapter III. Procedures.. ;i) .„. Il)( ..-,j 

,. . ■ ■■•>i •io' , i 

2-1403.02. Complaints; independent action,, by 
other District agencies^ ..-ivm-Knl* 
2-1403.16. Private cause of action., . r. j (;a ,;:io;.! 



Unit A. Human Rights Law. 
Subchapter I. General Provisions. 
§2-1401.01. Intent of Council. 

Notes of Decisions 



JI7J [r (1 



4. Construction with federal law ,, . 

Railroad employee stated claim for sex, discrimt 
nation via constructive demotion against, railroad 
under Title VII and the District of Columbia Hu- 
man Rights Act (DCHRA), based on theory of 
disparate treatment, by alleging that she was. 
member of a protected class, that she took position' 1 
as yard engineer for lower pay rather than face 
continued harassment as engineer, that she was 
removed from regular assignment and placed on 
the "extra" list, and that she was denied pay for 
period of two months. Tressler v. National R.R. 
Passenger Corp., 2011, 819 F.Supp.2d 1. Civil 
Rights ®=> 1172; Civil. Rights ®=> 1175 

Sovereign immunity barred former employee's 
District of Columbia Human Rights Act (DCHRA) 
claims against the federal government, since the 
District of Columbia Council, not Congress, enact- 
ed the DCHRA, and there was no federal statute 
that evinces Congress's intent to waive the United 
States' immunity from suit under the DCHRA. 
Marcus v. Geithner, 2011, 813 F.Supp.2d 11. Civil 
Rights «=> 1736 



Former employees did not unduly delay in mov- 
ing to amend complaint to add class claims in 
action alleging employer had engaged in pattern 
arid practice of gender discrimination and retalia- 
tion in violation of Title VII and the District of 
Columbia Human Rights Act (DCHRA), even if 
■motion could have been made before unnecessary 
scheduling arid dispositive motions briefing, since 
motion had been filed within pleading amendment 
deadline. Bushv. Ruth's: Chris' Steak" .Hbuse,-Snci, 
2011, 277 F.R.D. 214. Federal Civil Procedure ©=> 
840 :„.■-,. .,,.- 



amended com- 



6. Elements 

Former employees' proposed 
plaint, seeking to add class claims against eriiploy- 
er, contained sufficient allegations of numerbsity, 
commonality, typicality, and adequate representa- 
tion to raise plausible basis for pursuing class 
claims in action alleging employer had engaged in 
pattern and practice of gender discrimination and 
retaliation in violation of Title VII and the District 
of Columbia Human Rights Act (DCHRA): Bush 
v. Ruth's Chris Steak House, Inc., 2011,277 F.fcb. 
214. Federal Civil Procedure ®=> 851 



114 



GOVERNMENT OF DISTRICT 

10. Gender, discrimination 

Employer would not be unduly prejudiced by 
amendment of employees' complaint to add class 
claims in action alleging gender discrimination and 
retaliation in violation of Title VII and the District 
of Columbia Human Rights Act (DCHRA), since 
original complaint already contained allegations of 
pattern and practice of discrimination. Bush v. 
Ruth's Chris Steak House, Inc., 2011, 277 F.R.D. 
214. Federal Civil Procedure ®= 841 

18. Retaliation 

Police officer plausibly alleged adverse employ- 
ment action element of her retaliation claims under 
Title VII and District of Columbia Human Rights 
Act (DCHRA), where she alleged that she was 
transferred from district where she had worked 
for approximately fifteen years to another district 
that was less desirable assignment and was farther 
from her home. Craig v. District of Columbia, 
2012, 2012 WL 3126779. Civil Rights ®= 1249(1) 

24. Defenses 

Employer had good faith belief that male em- 
ployee abandoned his job, such that termination 
was for legitimate non-discriminatory reason that 
did not violate the District of Columbia Human 
Rights Act (DCHRA), where employee did not 
show up for multiple shifts for which he was solely 
responsible. Wilkerson v. Wackenhut Protective 
Services, Inc., 2011, 813 F.Supp.2d 61. Civil 
Rights «=> 1179 

Nightclub owner had potentially meritorious de- 
fense to disabled individual's claim that it discrimi- 
nated against her by denying her entry into night- 
club, and thus weighed in favor of vacating default 
entered against owner in action alleging violations 
of Americans with Disabilities Act. (AD A) and Dis- 
trict of Columbia Human Rights Act (DCHRA); 
owner alleged it had denied individual entry into 
nightclub not because of her claimed medical dis- 
ability but because she had become "out of control, 
loud and abusive" and had refused to be searched 
prior to entry into nightclub pursuant to its securi- 
ty policy. Wilson v. Superclub Ibiza, LLC, 2012, 
279 F.R.D. 176. Federal Civil Procedure ®= 2450 

32. Statute of limitations 

Metropolitan Police Department (MPD) officer's 
filing of Equal Employment Opportunity Commis- 
sion (EEOC) charged tolled one-year statute of 
limitations for her claims under District of Colum- 
bia Human Rights Act (DCHRA). Craig v. Dis- 
trict of Columbia, 2012, 2012 WL 3126779. Limita- 
tion of Actions ®= 105(1) 

39. Weight and sufficiency of evidence — In 
general 

To the extent that certain documents proffered 
by employee in her hostile work environment ac- 
tion against District of Columbia shed light on the 
egregiousness of the personal-appearance harass- 



§ 2-1401.01 

Note 46.5 

ment she experienced, any error in excluding the 
documents from trial in which jury found district 
liable but awarded nominal damages of only $1 was 
harmless, given absence of record evidence that 
employee was personally injured and suffered 
damages as result of harassment. Ivey v. District 
of Columbia, 2012, 46 A.3d 1101. Federal Courts 
€=1066 

44. Damages 

Any error in failing to reinstruct jury in re- 
sponse to question seeking additional guidance on 
awarding damages was harmless in action against 
District of Columbia (district) by employee under 
Title VII and the District of Columbia Human 
Rights Act (DCHRA) in which jury found district 
liable on a hostile work environment claim but 
awarded only $1 in nominal damages, as the ex- 
cerpts that employee presented on appeal from 
trial transcript did not contain evidence that she 
suffered pain and suffering resulting from abusive 
work environment. Ivey v. District of Columbia, 
2012, 46 A.3d 1101. Federal Courts ®=> 1066 

Though applicable to some claims of negligent 
infliction of emotional distress, standard jury in- 
struction setting out physical injury or "zone of 
danger" as a prerequisite to the award of damages 
for emotional distress is not a proper limitation to 
the award of damages for mental distress as com- 
pensation for injury caused by unlawful discrimina- 
tion under Title VII or the DCHRA. Ivey v. 
District of Columbia, 2012, 46 A.3d 1101. Civil 
Rights ®=> 1572; Civil Rights <S=> 1765 

46.5. Default judgment 

Nightclub owner's failure to timely answer dis- 
abled individual's complaint was negligent, rather 
than willful, and thus weighed in favor of vacating 
default entered against owner in action alleging 
owner violated Americans with Disabilities Act 
(ADA) and District of Columbia Human Rights Act 
(DCHRA) by denying individual entry into night- 
club, where owner's members had been involved in 
dispute over ownership of nightclub, and owner 
had been unclear as to what each member's inter- 
est in nightclub was, who majority members were, 
and whether certain members would remain with 
nightclub. Wilson v. Superclub Ibiza, LLC, 2012, 
279 F.R.D. 176. Federal Civil Procedure ®= 
2444.1 

Vacating entry of default entered against night- 
club owner would not prejudice disabled individual 
in action alleging owner violated Americans with 
Disabilities Act (ADA) and Distinct of Columbia 
Human Rights Act (DCHRA) by denying individu- 
al entry into nightclub, where owner had filed its 
initial answer one month after entry of default, and 
minimal delay had not resulted in loss of relevant 
evidence or witnesses. Wilson v. Superclub Ibiza, 
LLC, 2012, 279 F.R.D. 176. Federal Civil Proce- 
dure ®= 2444.1 



115 



§ 2-1401.02 



D.C. OFFICIAL CODE 



§ 2-1401.02. Definitions. 



M 



Notes of Decisions 



%' Construction with other laws 

Under the District of Columbia Human Rights 
Act (DCHRA), an employer may not be held liable 
for a supervisor's harassing behavior if the employ- 
er is able to establish that it had adopted policies 
and implemented measures such that the victim- 
ized employee either knew or should have known 
that the employer did not tolerate such conduct 
and that she could report it to the employer with- 
out fear of adverse consequences. King v. Triser 
Salons, LLC, 2011, 815 F.Supp.2d 328. Civil 
Rights @=> 1149 

'Former hair salon employee failed to allege that 
member of limited liability company (LLC) that 
owned salon personally committed alleged discrim- 
inatory or harassing acts, or aided and abetted in 
the discriminatory conduct of others, as required 
t& 'state claim against member in his individual 
capacity under the District of Columbia Human 
Rights Act (DCHRA). King v. Triser Salons, 
LLC, 2011, 815 F.Supp.2d 328. Civil Rights ©=> 
1740 ■'■... 

2. Employer 

.Genuine issues of material fact existed as to 
whether employer had employee handbook, wheth- 



er handbook stated that employer did not tolerate 
discrimination, and whether handbook was provid r 
ed to employee, precluding summary judgment for 
employer in action alleging employee was subject- 
ed to sexual harassment and hostile work environ^ 
ment in violation of the District of Columbia Hu* 
man Rights Act (DCHRA). King v. Triser Salons, 
LLC, 2011, 815 F.Supp.2d 328. Federal Civil Pro- 
cedure ©=> 2497.1 ; </,'; 

9, Educational institution : y 

University's complaint alleged plausible 1 claim 
for equitable indemnification from former , acting 
dean whose conduct resulted in settled lawsuit by 
former acting assistant dean against university 
under ADA, Rehabilitation Act, FMLA, : and Dis- 
trict of Columbia Human Rights Act (DCHRA); 
even assuming that federal statutes prohibited em- 
ployers from bringing causes of actidri for contri- 
bution or indemnification against employees, at 
least some of appropriate rule of decision was 
created by state law since former assistant dean's 
suit included claim under DCHRA, which imposed 
liability on individuals. Howard University v. 
Watkins, 2012, 2012 WL 1454487. Indemnity @* 
71 . ■ • , 



§ 2-1401.05. Discrimination based on pregnancy, childbirth, related medical 
conditions, or breastfeeding. 

Notes of Decisions ■■., 



3; Summary judgment 

Alternative argument by District of Columbia 
(DC) for affirmance of summary judgment entered 
in. its favor on limitations and notice grounds on 
former employee's disability discrimination claims 
under Rehabilitation Act and DCs Human Rights 
Act, that former employee failed to establish prima 



facie case of disability discrimination, was prema L 
ture and thus argument would not be considered 
by the Court of Appeals; there were unresolved 
discovery questions raised by former employee in 
affidavit opposing summary judgment, and his 
claimed need to depose his former superior was 
.'not implausible. Jaiyeola v. District of Columbia, 
2012; 40 A,3d 356. Federal Courts <®=> 1066 . , - 



Subchapter II. Prohibited°Acts of DiScRiMiNATiON. 



Part B. Employment. 



§ 2-1402.11. Prohibitions. 






Notes of Decisions I ; ; 



i; In general 

In addressing employment discrimination claims 
under the District of Columbia Human Rights Act 
(DCHRA) and § 1981, courts look to the jurispru- 
dence surrounding Title VII. Young v. Covington 
.& .Burling- LLP, 2012, 846 F.Supp.2d 141. Civil 
■■Rights «=> 1101 - 

7. Age, discrimination 

District of Columbia's asserted justification for 
older Metropolitan Police Department (MPD) em- 
ployee's demotion and replacement with employee 



who was three years younger at higher rank; and 
pay grade upon her departure, police chiefs com- 
plete reorganization of MPD Command Staff dur- 
ing her first year in office because she believed 
that command structure had become "too top 
heavy" and that it "needed to be downsized," was 
legitimate and nondiscriminatory, and reasonable 
jury could not find that explanation was pretextual 
or that age was a determining factor in challenged 
employment decisions. Primas v. District of Co- 
lumbia, 2012, 2012 WL 2920862. Civil Rights «=> 
1209 



116 



GOVERNMENT OF DISTRICT § 2-1402.11 

Note 38 

Transfer of 59 year old District of Columbia hotel. Arafi v. Mandarin Oriental, 2012, 2012 WL 
employee, who had to care for her daughter and ill 2021889. Civil Rights ®=> 1246 



father, was not based on age or family responsibili- 
ty discrimination, as would violate the Age Dis- 
crimination in Employment Act (ADEA) or Dis- 
trict of Columbia Human Rights Act (DCHRA), 
where employee's entire division was dissolved as 
part of a substantial office realignment. Blocker- 
Burnette v. District of Columbia, 2012, 842 
F.Supp.2d 329. Civil Rights ®=> 1197; Civil Rights 
®=>1207 

Office of Deputy Mayor for Education (ODME) 
articulated legitimate, nondiscriminatory reason 
for terminating 62-year-old employee, in action 
brought under District of Columbia Human Rights 
Act (DCHRA) for age discrimination against depu- 
ty mayor and District of Columbia; ODME under- 
went reorganization that necessitated reduction in 
staff, employee was not nearly as qualified for 
newly designed position as younger coworker, and 
employee acknowledged that neither deputy mayor • 
or anyone in his staff ever made disparaging age- 
related or discriminatory comment to her. Cain v. 
Reinoso, 2012, 43 A.3d 302. Civil Rights ®=> 1209 

8. Disability, discrimination 

Campus security officer who injured his ankle in 
course of performing his duties failed to state 
viable claim for failure to accommodate disability 
under District of Columbia Human Rights Act 
(DCHRA) based on letter threatening to terminate 
him unless he returned to work by extended date 
for end of his FMLA leave; he took that leave due 
to his "stress, anxiety and depression" and not his 
physical disability, and university had accommo- 
dated his leave request twice. Leftwich v. Gallau- 
det University, 2012, 2012 WL 2930725. Civil 
Rights ®= 1225(3) 

9. Gender, discrimination 

Government contractor's employee failed to 
plausibly allege that she suffered any sex discrimi- 
nation under District of Columbia Human Rights 
Act (DCHRA) while employed at facility in District 
of Columbia; while she complained of repeated 
harassment by her supervisor there, she alleged 
the harassment was based on his mistaken belief 
that she had destroyed a database, not her gender, 
and although employee recounted conversation 
with colleague where she stated that "military 
males are exempt from hostile behavior from man- 
agement, unlike female college grads with no prior 
military experience," she failed to connect any 
adverse action to her gender. Cole v. Boeing Co., 
2012, 845 F.Supp.2d 277. Civil Rights ®= 1185 

10.5. Religion, discrimination 

Allegations by employee, who was a Muslim 
from Morocco, that he complained about discrimi- 
nation in being removed from serving two floors as 
a valet dry cleaner, that he was scheduled for only 
one day of work in the month following his com- 
plaint, and that he previously worked anywhere 
from five to seven days per week were sufficient to 
plead a materially adverse action, as required for 
his Title VII and District of Columbia Human 
Rights Act (DCHRA) retaliation claims against 



15.7. Failure to promote 

Deposition testimony of private social club's for- 
mer controller that general manager ruled out 
African-American employee, who was interim exec- 
utive chef, for position of executive chef, and that 
when controller told general manager that she felt 
he did not "intend to appoint" employee to posi- 
tion, general manager responded "that wasn't 
true" and controller told general manager that he 
was a racist, did not raise genuine issue of material 
fact, for summary judgment purposes in employ- 
ee's action against club alleging racial discrimina- 
tion under § 1981 and District of Columbia Human 
Rights Act (DCHRA), as to whether club consid- 
ered employee for executive chef position. Burt v. 
National Republican Club of Capitol Hill, 2011, 828 
F.Supp.2d 115, appeal filed. Federal Civil Proce- 
dure ©=> 2497.1 

27. Statute of limitations 

Letter informing campus security officer that if 
he could not return to duty after his FMLA leave 
ended, university could no longer hold his position, 
which meant he would be terminated based on his 
inability to return to duty, constituted clear and 
unequivocal notice to officer of his termination, and 
his wrongful termination claims under District of 
Columbia Human Rights Act (DCHRA) filed one 
year and one day thereafter were thus untimely. 
Leftwich v. Gallaudet University, 2012, 2012 WL 
2930725. Limitation of Actions e=> 95(15) 

Campus security officer did not state timely 
claim under District of Columbia Human Rights 
Act (DCHRA), where he alleged that he was 
subjected to hostile work environment on basis 
of race, including racial comments, numerous 
reprimands, and racial slurs, that his supervisors 
repeatedly ignored his concerns and instead. rep- 
rimanded him for being argumentative, insubor- 
dinate and unprofessional, and that instead of as- 
sisting him in resolving those issues, university 
repeatedly threatened his job security; only inci- 
dent that took place within requisite time frame 
was letter threatening to terminate him unless 
he returned to work by extended date for his 
FMLA leave to end, and rather than being "hos- 
tile" that communication was professional and 
amiable, containing no abusive or inappropriate 
language. Leftwich v. Gallaudet University, 
2012, 2012 WL 2930725. Civil Rights e=> 1708 

38. Evidence 

Evidence that deputy mayor for Office of Depu- 
ty Mayor for Education (ODME) hired younger 
worker for new position with understanding that 
she might be leaving for different job, without 
more, did not create fact issue whether deputy 
mayor's reasons for decision to not offer position to 
62-year-old employee and to terminate her follow- 
ing reduction and reorganization, namely, because 
worker had superior qualifications for position and 
had better performance reviews, were pretext for 
age discrimination, as required to survive sum- 
mary judgment in employee's action under District 



117 



§ 2-1402.11 

Note 38 

of Columbia Human Rights Act (DCHRA); em- 
ployee acknowledged that she never heard any 
comments from deputy mayor or his staff make 
disparaging or discriminatory comments about her 
age, deputy mayor had hired three women over 
age 40, and deputy mayor's hiring/retention prac- 
tices showed that he hired older workers and had 
retained other older workers. Cain v. Reinoso, 
2012, 43 A.3d 302. Federal Courts ®= 1055 

Deposition testimony by former employee for 
Office of Deputy Mayor for Education (ODME) 
that her performance evaluation by deputy mayor 
was "bogus," based on unsupported assertions dep- 
uty mayor was lying about incident of plagiarism 
in context of his confirmation hearings and that he 
had to cover-up lie as to younger worker, who was 
given position that employee sought, as source of 
plagiarized material, did not create fact issue as to 
whether ODME's reasons for terminating 62-year- 
old employee's position as part of reduction in 
staff, namely her lack of qualifications for new 
position and superior qualifications of coworker, 
were pretext for age discrimination, as required to 
survive summary judgment on claim of age dis- 
crimination under District of Columbia Human 
Rights Act (DCHRA); there was no evidence on 
summary judgment indicating that coworker was 
responsible for plagiarism, his admission to re- 
sponsibility for plagiarism did not indicate that he 
was lying when he informed Council that party 
responsible had been reprimanded, and none of 
evidence relating to plagiarism incident and delay 



D.C. OFFICIAL TODE 

in deputy mayor's confirmation hearing as resul? of 
plagiarism did not refute that coworker wag'm'org 
qualified for position or imply that employee's 1 
termination was motivated by age. Cain v. 'RfeincP 

so, 2012, 43 A.3d 302. Federal Courts ®=>' £ T055' 

in torn 

43. Instructions 'reit/i 

Any error in trial court's failure to give nomirM 
damages jury instruction in employment discrimfe 
nation action was harmless, where the jury award- 
ed employee $800,000, which directly controverts 
employer's claim that the jury would have awarded 
a "trifling amount" had the jury been instructed o'fi 
nominal damages. Campbell-Crane & Associates, 
Inc. v. Stamenkovic, 2012, 44 A.3d 924. Federal 
Courts >s= 1066 , ..'..,",, 

45, Damages '.'.'''' 

Compensatory damages award of $800,000. for 
emotional distress, , in employment discrimination 
and sexual harassment action, was not extraordi^ 
nariiy disproportionate, to the injuries and losses, 
claimed, where there was sufficient evidence from 
which a reasonable jury could have found that 
employee suffered significant mental and physical 
distress caused by the hostile work environment 
caused by sexual harassment by a superior, and 
the jury was properly instructed on compensatory 
damages. Campbell-Crane & Associates, Inc. v; 
Stamenkovic, 2012, 44 A.3d 924. CM Rights <s= 
1765 "'' ><■ 



Part G. Other Prohibited Practices. 



§ 2-1402.61. Coercion or retaliation. 



; Notes of Decisions 



1. In general 

District of Columbia employee, claiming that'his 
termination violated District of Columbia Human 
Rights Act (DCHRA), was not limited to seeking 
redress through District's Office of Human Rights 
(OHR). Bowie v. Gonzales, 2006, 433 F.Supp;2d 
24, affirmed in part 642 F.3d 1122, 395 USA£p1 
D.C. 301, rehearing en banc denied, rehearing 
denied 653 F.3d 45, 397 U.SApp.D.C. 357, certio^ 
rari denied 132 S.Ct. 1636, 182 L.Ed.2d 234. Civil 
Rights ®=» 1715 

3. Construction with federal law 

Claims of retaliation, in violation of District of 
Columbia Human Rights Act (DCHRA), are ana- 
lyzed in same manner as claims of retaliation 
arising under Title VII. Bowie v. Gonzales, 2006, 
433 F.Supp.2d 24, affirmed in part 642 F.3d 1122, 
395 U.SApp.D.C. 301, rehearing en banc denied, 
rehearing denied 653 F.3d 45, 397 U.SApp.D.C. 
357, certiorari denied 132 S.Ct. 1636, 182 L.Ed.2d 
234. Civil Rights <s= 1242 

14. Summary judgment 

Material issues of fact, as to whether District of 
Columbia Office of Inspector General (DCOIG) 
terminated Assistant Inspector General for Inves- 



tigations (AIGI) in retaliation for his submission of 
affidavit in support of fellow employee bringing 
Equal Employment Opportunity Commission 
(EEOC) proceeding claiming wrongful discharge, 
precluded summary judgment that DCOIG violate 
ed retaliation provisions of Title VII and District of 
Columbia Human Rights Act (DCHRA); Bowie v: 
Gonzales, 2006, 433 F.Supp.2d 24, affirmed in pa^t 
642 F3d 1122, 395 U.S.App.D.C. 301, rehearing en 
banc denied; rehearing denied 653 F.Sd : 45, '397 
USApp.D.C. 357, certiorari denied 132 S.Ct. 1636; 
182 L.Ed.2d 234. Federal Civil Procedure : e=* 
2497.1: , ■"'''.■''■ '■':''■ ' '< it: ' ;l ; ni 

15. Pleadings / . ■; { - < , ,;■:-< t !;K,;-; 

Under District of Columbia law, terminated uni : 
versity employee who alleged She was dischar'ge'd 
for reporting co-employee's sexual harassment of 
her failed to state facially plausible claim against 
her former employer for wrongful discharge in 
violation of public policy; she pointed to no statute 
or regulation in support of her claim, and anti j 
retaliation provisions of Title VII or District of 
Columbia Human Rights Act could not serve as 
predicates for common law wrongful discharge 
claim, as those statutes provided their own express 
remedies for misconduct. Hoskins v. Howard Uni- 



118 



GOVERNMENT OF DISTRICT 

versity, 2012, 839 F.Supp.2d 268. Colleges and 
Universities ®= 8.1(6.1) 

18. Admissibility of evidence 

Evidence regarding performance of terminated 
employee's successors in years after his termi- 
nation was not relevant to employee's own job 
performance, in suit where employee alleged that 
proffered performance-related reasons for his ter- 
mination were pretext for retaliation under Title 
VII and District of Columbia Human Rights Act 
(DCHRA). Bowie v. Maddox, 2008, 540 F.Supp.2d 
204, motion for relief from judgment denied 677 
F.Supp.2d 276, appeal dismissed 2012 WL 1449209, 
affirmed in part 642 F.3d 1122, 395 U.S.App.D.C. 
301, rehearing en banc denied, rehearing denied 
653 F.3d 45, 397 U.S.App.D.C. 357, certiorari de- 
nied 132 S.Ct. 1636, 182 L.Ed.2d 234. Civil Rights 
®=> 1542; Civil Rights ®=> 1744; District Of Colum- 
bia ©= 7 

19. Questions for jury 

Issue of whether District of Columbia Office of 
Inspector General's ((DCOIG's) proffered perform- 
ance-related reason for employee's termination 
was pretext for retaliation was for jury in suit 
under Title VII and District of Columbia Human 
Rights Act (DCHRA); testimony was introduced 
that employee's division was disorganized, lacked 
direction and leadership, exhibited poor morale, 
and suffered from poor report writing, another 
witness testified that employee's management 
techniques were deficient and that his division 
suffered from untimely reports, delays in providing 
feedback to inspectors and investigators, and pro- 
blematic writing and reviewing of reports, and jury 
heard testimony from several other witnesses re- 
garding employee's alleged professional shortcom- 
ings, which as whole tended to corroborate legiti- 



§ 2-1403.16 

Note 10.5 

macy of "mid-year performance evaluation" that 
listed reasons ultimately given for employee's ter- 
mination. Bowie v. Maddox, 2008, 540 F.Supp.2d 
204, motion for relief from judgment denied 677 
F.Supp.2d 276, appeal dismissed 2012 WL 1449209, 
affirmed in part 642 F.3d 1122, 395 U.S.App.D.C. 
301, rehearing en banc denied, rehearing denied 
653 F.3d 45, 397 U.S.App.D.C. 357, certiorari de- 
nied 132 S.Ct. 1636, 182 L.Ed.2d 234. Civil Rights 
©=> 1555; Civil Rights e=> 1749; District Of Colum- 
bia ©=> 7 

23. New trial 

■ Employee was not entitled to new trial of retali- 
ation claims under Title VII and District of Colum- 
bia Human Rights Act (DCHRA) on basis that 
district court erred in allowing testimony regard- 
ing investigations though defendants refused to 
provide employee with reports and drafts during 
discovery; even assuming that employee was cor- 
rect that documents were not produced, jury ver- 
dict for employer was not a clear miscarriage of 
justice as employee had ample opportunity to pres- 
ent his case and would not be highly prejudiced by 
not having received subject report during discov- 
ery, and discovery dispute could have been re- 
solved when testimony to which employee objected 
was introduced at trial and was not of great detri- 
ment to employee's ability to proceed. Bowie v. 
Maddox, 2008, 540 F.Supp.2d 204, motion for relief 
from judgment denied 677 F.Supp.2d 276, appeal 
dismissed 2012 WL 1449209, affirmed in part 642 
F.3d 1122, 395 U.S.App.D.C. 301, rehearing en 
banc denied, rehearing denied 653 F.3d 45, 397 
U.SApp.D.C. 357, certiorari denied 132 S.Ct. 1636, 
182 L.Ed.2d 234. Federal Civil Procedure ®=> 
2334 



Subchapter III. Procedures. 
§ 2-1403.02. Complaints; independent action by other District agencies. 

Notes of Decisions 



1. Notice 

While lesbian officers' reports filed with Metro- 
politan Police Department (MPD), MPD Medical 
Service Division memoranda written in response to 
reports, and Internal Affairs Division (LAD) inves- 
tigative records created in response to officers' 
internal EEO complaints qualified as reports "in 
regular course of duty," content of those reports 
did not, individually or collectively, provide suffi- 



cient notice to Mayor of cause or circumstances 
underlying claims for unliquidated damages under 
District of Columbia Human Rights Act (DCHRA) 
based on sex discrimination and sexual orientation 
discrimination regarding officer's nonpromotion; 
however, officers could still seek liquidated dam- 
ages, including back pay, under those counts. 
Jones v. District of Columbia, 2012, 2012 WL 
3024970. District of Columbia ©= 36 



§ 2-1403.16. Private cause of action. 



Notes of Decisions 



10.5. Notice 

Letter informing campus security officer that if 
he could not return to duty after his FMLA leave 
ended, university could no longer hold his position, 
which meant he would be terminated based on his 
inability to return to duty, constituted clear and 



unequivocal notice to officer of his termination, and 
his wrongful termination claims under District of 
Columbia Human Rights Act (DCHRA) filed one 
year and one day thereafter were thus untimely. 
Leftwich v. Gallaudet University, 2012, 2012 WL 
2930725. Limitation of Actions ®=> 95(15) 



119 



§2-1403.16 

Note 11 

11. Statute of limitations 

Metropolitan Police Department (MPD). officer's 
filing of Equal Employment Opportunity Commis- 
sion (EEOC) charged . tolled one-year statute of 
limitations for her claims under District of Colum- 
bia Human Rights Act (DCHRA). Craig v. Dis- 
trict of Columbia, 2012, 2012 WL 3126779. Limita- 
tion pf Actions ®=> 105(1) 

11,5, ■ Summary judgment 

■•' Genuine issue of material fact existed as to 
whether former employer's termination of former 



DC. OFFICIAL CODE 

employee's job as a cook was adverse 1 conduct 
relevant to former employee's claim of a hostile' 
work environment based on sexual harassment, 
which went to whether former employee timely 
filed his claim against employer under the District 
of Columbia Human Rights Act (HRA), precluding 
summary judgment on the issue of whether the, 
claim was barred by the HRA's one-year limita- 
tions period for filing a private cause of action, 
Ghisi v. Holy Trinity Catholic Church,. 139 WLR 
1673 (Super. Ct. 2011). , , ■'< ■ ..: \, 



Chapl 


;er 15 


.' ■ .. '■: - .' > . "; ■■".:■.- i ' ,>] ■■;-,: 


Youth Affairs. 


' •':'." ' \ ■'/'.' ''''' :': ; "' .■.' , " 


' Subchapter I-A. Department of Youth 


Section ' " 


=•■;■[;■:-■. ;■ ;'.■ ■ •/ .;;'--:v ;; i . 1 ■'■-.. " • ■■ 


Rehabilitation Services. 


2-1517.31. 


Definitions. ' ' ' "'■' 


Section ,-,..! 
2-1515.01... Definitions, , 


2-1517.32. 


Early childhood and , school-based be; 




.: • r havioral health -comprehensive 


2-1515.04.. Duties. 




.: plan. .■" ;;:..;:< . i'[ 


2^-15l5,04a. Behavioral health screening arid as- 






' sessment requii-emehts. 


Parte, 


Child Welfare and Juvenile Justice/ 


.,... - ■,"',/. 


Behavioral Health Infrastructure. 


Subchapter I-C. Youth Behavioral Health. 




.-.■.. . ■'■:/ ...',[ 


Part A. Youth Behavioral Health 


2-1517.51. 


Family resource guide. ■'-['' '•}} 


Epidemiology Report. 


2-i517.52. 


Department of Youth Rehabilitation' 


2-1517.01. Definitions. 




Services behavioral health and 


2-1517.02. Youth behavioral health epidemiolog- 




compliance report. 


;. ical report. 







Part B. Early Childhood and School-based 
Behavioral Health Infrastructure. 



Subchapter I-A. Department of Youth Rehabilitation Services. 



§2-1515.01. Definitions. 

For the purposes of this subchapter, the term: ' ''■ r ;,; ; ':i;L» i ;;:io'l> .99 .^ftM-S # 

(1) "Aftercare services" means programs and services designed to provide care, supervi- 
sion, and control over children released from facilities. 

• (1A) "Behavioral health" means a person's overall social, emotional, and psychological 
well-being and development. ' : ■■ r /v 

(IB) "Behavioral health assessment" means a more thorough and comprehensive exainiq 
nation by a mental health professional of all behavioral health issues and needs identified 
during an initial behavioral health screening by which the mental health professional shall 
identify the type and extent of the behavioral health problem and make recommendations' 
for treatment interventions. , . ' ■' '" " 

(1C) "Behavioral health screening" means a. brief process designed to, identify, youth, who, 
are at risk of having behavioral health disorders that warrant immediate attention, or 
intervention, or to identify the need for further assessment with a comprehensive examinaj 

tion. " ■ ■'' '"•'"■•' " , '* i ■■;•'■■■-'■ ■■' ■■■■*-■■■ ■' * 

(2) "Committed" means the removal of a youth from his or her home as a result of an 
order of adjudication or an order of disposition and placement in the care and custody of 

, the Department of Youth Rehabilitation Services. ■'•■"'■* - (sM 

(3) "Contracted provider" means any agency, organization, corporation, association, 
partnership, , or individual, either for profit or not for profit, who agrees in writing -to' 
provide specific services or organizational supports to youth in the Department's care and 
custody. ,,.,' i i 

120 



GOVERNMENT OF DISTRICT § 2-1515.04 

(4) "Conviction" means a judicial finding, jury verdict, or final administrative order, 
including a finding of guilt, a plea of nolo contendere, or a plea of guilty to a criminal 
charge enumerated in § 2-1515.05(g), or a finding that a child who is the subject of a report 
of child abuse has been abused by the employee or prospective employee. 

(5)(A) "Custody" means the legal status created by a Family Court order which vests in 
the Department the responsibility for the custody of a minor, including: 

(i) Physical custody and the determination of where and with whom the minor shall 
live; 
(ii) The right and duty to protect, train, and discipline the minor; and 
(iii) The responsibility to provide the minor with food, shelter, education, and 
ordinary medical care. 

(B) A Family Court order of "legal custody" is subordinate to the rights and 
responsibilities of the guardian of the person of the minor and any residual parental 
rights and responsibilities. 

(6) "Department" means the Department of Youth Rehabilitation Services. 

(7) "Detained" means the temporary, secure custody of a child in facilities designated by 
the Family Court and placed in the care of the Department, pending a final disposition of a 
petition and following a hearing in accordance with § 16-2312. 

(8) "Facilities" means any youth residential facility, group home, foster home, shelter, 
secure residential or institutional placement owned, operated, or under contract with the 
Department, excluding residential treatment facilities and accredited hospitals. 

(9) "Family Court" means the Family Court ' of the Superior Court of the District of 
Columbia. 

(10) "Person in Need of Supervision" or "PINS" means a "child in need of supervision" 
as that term is defined by § 16-2301(8). 

(11) "Rehabilitative services" means services designed to assist youth in acquiring, 
retaining, and improving their socialization, behavioral, and generic competency skills 
necessary to reintegrate into their home and community-based settings. 

(12) "Youth" means a "child" as that term is defined by § 16-2301(3). The terms 
"juvenile," "child," and "resident" appearing in this subchapter are used interchangeably. 

(13) "Youth residential facility" means a residential placement providing adult supervi- 
sion and care for one or more children who are not related by blood, marriage, guardian- 
ship, or adoption (including both final and non-final adoptive placements) to any of the 
facility's adult caregivers and who were found to be in need of a specialized living 
arrangement as the result of a detention or shelter care hearing held pursuant to 
§ 16-2312 or a dispositional hearing held pursuant to § 16-2317. 

(Apr. 12, 2005, D.C. Law 15-335, § 101, 52 DCR 2025; June 7, 2012, D.C. Law 19-141, § 504(a), 59 DCR 
3083.) 

Historical and Statutory Notes 

Effect of Amendments ferred to the Committee of the Whole. The Bill 

D.C. Law 19-141 added pars. (1A), (IB), and was adopted on first and second readings on 

(1C). March 6, 2012, and March 20, 2012, respectively. 

Legislative History of Laws Signed by the Mayor on April 10, 2012, it was 

Law 19-141, the "South Capitol Street Memorial assigned Act No. 19-344 and transmitted to both 

Amendment Act of 2012", was introduced in Coun- Houses of Congress for its review. D.C. Law . 

cil and assigned Bill No. 19-211, which was re- 19-141 became effective on June 7, 2012. 

§ 2-1515.04. Duties. 

The primary duties of the offices of the Department are to plan, program, operate, manage, 
control, and maintain a juvenile justice system of care, rehabilitative service delivery, and 
security that meets the treatment needs of youth within the juvenile justice system and that 
is in accordance with national juvenile justice industry standards and best practices. These 
duties include: 

(1) Providing services for committed and detained youth and PINS that balance the need 

for rehabilitation and holding youth accountable for their actions in the context of public 

safety; 

121 



§ 2-1515.04 D.C: OFFICIAL CODE 

(2) Facilitating and enhancing intra-District coordination of services and supports for 
youth in the juvenile justice system; i 

(3) Establishing and adopting best practices standards for the provision of residential, 
restorative, and rehabilitative services to youth in the juvenile justice system consistent 
with the standards of the American Correctional Association or those of another nationally 
accepted accrediting body; •■ o',<! odj 

(4) Employing a cadre of juvenile justice professionals who are 1 highly skilled and 
experienced with the principles, goals, and the latest advancements of juvenile;'rehabilita- 
tion and treatment provision; , , ; ; =n, . :■,,'■:■'.,:: ; - : ;<:h '«;T u;', 

(5) Establishing through contracts* provider .agreements; human- care ^agreements, 
grants, memoranda of agreement or understanding, or other binding agreements s-a, system 
of secure and community-based facilities and rehabilitative services i;with' governmental 
bodies, public and private agencies, institutions, and organizations,,' for 'y^uth^-that- will 
provide intervention, individualized assessments, continuum of services, .safety, and securi- 
ty; ■ .. ,.-,,,;'.., ,,;,,, '•.),:.'.. '. ' ', "■;;•' 

(6) Establishing a system that constantly reviews a youth's individual strengths, needs, 
• ■ and rehabilitative progress and ensures placement within a continuum of least restrictive 

"settings within secure facilities and the community; -. _ , . 

(7) Assessing the risks and needs of youth, and determining and providing the services 
. ■■ needed for treatment for substance abuse and other services; 

(8) Developing and maintaining a system with other governmental and private agencies 
to identify, locate, and retrieve youth who are under the care, custody, or supervision of the 
Department, who have absconded from an assigned secure governmental facility, > or 
community shelter home, group home, residential facility, or foster care placement; 

(9) Developing and maintaining state-of-the-art systems to monitor accountability and to 
enhance performance for all Department programs, services, and facilities; ; ; , 

(10) Developing and maintaining an ongoing training program for employees ; that 
ensures continuous development of expertise in juvenile justice service delivery; , , v r 

(11) Taking a leadership role in the provision of training and technical assistance to non- 
governmental juvenile justice service providers that fosters the development of high- 
quality, comprehensive, cost-effective, and culturally competent delinquency prevention and 
juvenile rehabilitative services for the youth and their families; 

(12) Developing and maintaining a capital improvement, licensingj and regulating pro- 
gram that ensures governmental arid private institutions maintain up-to-date residential 
facilities, group homes, and shelter facilities to serve the safety, the security,, and'Lthe 
rehabilitative needs of youth in the juvenile justice. system; .*•■■'■■.■ ■<', '<''■ 'it •'.': 

(13) Enforcing all laws, rules, regulations,;! court; borders, policies,'; and; procedures; :neeeSj- 
sary and appropriate to accomplish the duties of the Department; and ' .'<-W- 

(14) Conducting a behavioral health screening and assessment as required in 
§ 2-1215.04a. / •- 'ire torasisiH 

(Apr. 12, 2005, D.C. Law 15-335, § 104, 52 DCR 2025; June 7, 2012, D.C. Law l^Mif^mmi^P'B'm. 
3083) ■ ■ ' ■ .. n'» ,(AIi .,,•■:.■.:■( !rs!:c Ii4-f>i vw;J '.).(I 

.CM) 

Historical and Statutory Notes ■ - ■A.m-miBl^ 

Effect of Amendments Legislative History of Laws ' ■ ' 

D.C. Law 19-141 deleted "and" from the end of p or history of Law 19-141, see notes under 

par. (12), substituted "; and" for a period the end § 2-1515 01 

of par. (13 ), and added par. (14). ' ,. ■." , ; ■',"." [' o 

§ 2-1515.04a. Behavioral health screening and assessment requirements. ■■;•> 

(a) All youth in contact with the Department shall, to the extent that it is not inconsistent 
with a court order, receive a behavioral health screening and, if necessary, a behavioral health 
assessment within 30 days of initial contact; provided, .that the Mayor may, through 
rulemaking, require that the behavioral health screening and assessment be conducted within 
fewer than 30 days of the initial contact. ,....; 

122 



GOVERNMENT OF DISTRICT § 2-1517.02 

(b) For the purposes of this section, the term "youth" means an individual under 18 years 
of age residing in the District and those individuals classified as committed youth in the 
custody of the Department who are 21 years of age or younger. 

(Apr. 12, 2005, D.C. Law 15-335, § 104a, as added June 7, 2012, D.C. Law 19-141, § 504(c), 59 DCR 
3083.) 

Historical and Statutory Notes 
Emergency Act Amendments Legislative History of Laws 

For temporary (90 day) amendment of section For history of Law 19-141, see notes under 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year § 2-1515.01. 

w^f'T^^iT^^p^^ 2012 (D -°- Miscellaneous Notes 

Act 19-383, June 19, 2012, 59 DCR 7764). ... ,,.„ , ln ... ., 

„ ,„„ . , -,,,.,. Section 601 of D.C. Law 19-141 provides: 

For temporary (90 day) amendment of section 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year " Sec - 601 - Applicability. 

2013 Budget Support Congressional Review Emer- "This act shall apply upon the inclusion of its 

gency Act of 2012 (D.C. Act 19-413, July 25, 2012, fiscal effect in an approved budget and financial 

59 DCR 9290). plan." 

Subchapter I-C. Youth Behavioral Health. 
Part A, Youth Behavioral Health Epidemiology Report. 

§ 2-1517.01. Definitions. 

For the purposes of this part, the term: 

(1) "Behavioral health" means a person's overall social, emotional, and psychological well- 
being and development. 

(2) "Youth" means individuals under 18 years of age residing in the District and those 
individuals classified as youth in the custody of the Department of Youth Rehabilitation 
Services and the Child and Family Services Agency who are 21 years of age or younger. 

(June 7, 2012, D.C. Law 19-141, § 102, 59 DCR 3083.) 

Historical and Statutory Notes 

Emergency Act Amendments ferred to the Committee of the Whole. The Bill 

For temporary (90 day) amendment of section was adopted on first and second readings on 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year March 6, 2012, and March 20, 2012, respectively. 

2013 Budget Support Emergency Act of 2012 (D.C. Signed by the Mayor on April 10, 2012, it was 

Act 19-383, June 19, 2012, 59 DCR 7764). assigned Act No. 19-344 and transmitted to both 

For temporary (90 day) amendment of section Houses of Congress for its review. D.C. Law 

601 of D.C. Law 19-14i, see § 7004 of Fiscal Year 19-141 became effective on June 7, 2012. 

2013 Budget Support Congressional Review Emer- Miscellaneous Notes 

gency Act of 2012 (D.C. Act 19-413, July 25, 2012, _, ,. ... „~„ T ...... . ■ . , 

59 DCR 9290) Section 601 of D.C. Law 19-141 provides: 

Legislative History of Laws "Sec. 601. Applicability. 

Law 19-141, the "South Capitol Street Memorial "This act shall apply upon the inclusion of its 

Amendment Act of 2012", was introduced in Coun- fiscal effect in an approved budget and financial 

cil and assigned Bill No. 19-211, which was re- plan." 

§ 2-1517.02. Youth behavioral health epidemiological report. 

By March 30, 2013, and every 5 years thereafter, the Mayor shall submit a report to the 
Council on the behavioral health of District youth. At minimum, the report shall include: 

(1) The type and prevalence of behavioral health conditions among youth broken down, if 
possible, by age, gender, race, ward residence, and sexual orientation; 

(2) The level of utilization of behavioral health services by youth and the location of the 
services accessed; and 

(3) An analysis of any barriers or obstacles preventing youth from accessing behavioral 
health services and recommendations for making the services more accessible. 

(June 7, 2012, D.C. Law 19-141, § 103, 59 DCR 3083.) 

123 



§ 2-1517.02 D.C. OFFICIAL CODE 

Historical and Statutory Notes J 

Legislative History of Laws " ' ' ° 

For history of Law 19-141, see notes under '"' 

.'§.2-1517.01... i'. . . ,: :;..'■ ," . ' , 

Part B. Early Childhood and School-based Behavioral Health Infrastructure. 

§2-1517.31. Definitions. ^ 

For the purposes of this part, the term: ' . ■ 'm u<ii 

(1) "Behavioral health" means a person's overall social* emotional, and psychological, well- 
being and development. ;. 

(2) "Health education standards" means the specific learning requirements related: to 
health that the Office of the State Superintendent of Educatiorirequifes students to learn 

'" at each academic level, from pre-K through 12th graded " '"'■' •■'■■ '>'*'■■ ■ "■>* 

(June 7, 2012, D.C. Law 19-141, § 202, 59 DCR 3083.) 

Histofical and Statutory Notes s 

Legislative History of Laws'; '..■■■■\ A':V.ii -i 'A : ...\i<\. '</>.,■ •,"'■'. ''-,'■ •>.,-, Jrt v " ',■ >v!; ..';■■ "■:::i : "\ 

For history of Law 19-141, see notes under 
§ 2-1517.01. .;,:!:;: : ,:< ,m '..';/ k ''. r? 

§ 2^1517.32. Early childhood and school-based behavioral health comprehen- 
sive plan. 

By March 30, 2013, the Mayor shall submit a comprehensive plan to the Council for the 
expansion of early childhood and school-based behavioral health programs and services by the 
2016-2017 school year. At mimmum, the plan shall: 

(1) Establish a strategy to enhance behavioral health services in all public schools and 
public charter schools, including: ( : ,,■•-,.'-... >■:. '■, 

(A) The implementation of programs that: . Sini-' :■■,;■;■ •■" ;.■'. j.'"'"'-fv™«--" 
(i) Include interventions for families of students with behavioral health needs:' ">"'! 
(ii) Reduce aggressive and impulsive behavior; and ..,.,,,. - t . ... ... v .. ^ ,;,„.{ £ Mi 

(iii) Promote social and emotional competency in students; '•■arid '•''■■ ■ '■■< -j -"■''- .•v:i:-iil )•>/. 

(B) The expansion of school-based mental health services as follows':" ■'.', .. ''■'" ' ';' : '"''' .''° ' 

■ ■;.:. \7-.,l, k ....'XI 10 Jtlff 

(i) By the 2014-2015 school year, services are .available- to at least 50% ofall;;publie 
and public charter school students; .... ..- • ' ■ .■.<■". -rais^' 

' ' .'■ . ■"■■■ v V"' 0,"'i 

(ii) By the 2015-2016 school year, services are available to at least 75% of all public 
and public charter school students; and .,,....'.','■ 

(iii) By the 2016-2017 school year, services are available to all public and public 
charter school students; : ' ■■'■■" ; . - ■' ■'■■• . ■■' : ' ' . 

(2) Include an analysis of whether current health education standards align with actual 
behavioral health needs of youth and any recoriimendatiOris for proposed changes; and 

(3) Provide recommendations for the expansion of behavioral health programs and 
., services at child development facilities. . i •■.-.p <:■<> \ ' •■ ■■ < ■- ' 
"(June 7, 2012, D.C. Law 19-141, § 203, 59 DCR 3083.) -''■•"■' '•'■;■ :' :! f.,.' : 

Historical and Statutory Notes 

Legislative History of Laws . : v / , ; 

For history of Law 19-141, see notes under 
§ 2-1517.01. . ■■. ■. 1,. , ": ■■>:.;. ;:-<■> 

124 



GOVERNMENT OF DISTRICT § 2-1517.52 

Part C. Child Welfare and Juvenile Justice 
Behavioral Health Infrastructure. 

§ 2-1517.51. Family resource guide. 

(a) By October 1, 2013, the Mayor shall create a comprehensive resource guide for families 
who come into contact with the child welfare or juvenile justice systems. The guide shall 
include: 

(1) A clear explanation of the rights and responsibilities of children and families; 

(2) The role of District agencies, including the: 

(A) Child and Family Services Agency; 

(B) Department of Youth Rehabilitation Services; 

(C) Department of Mental Health; and 

(D) Department of Health Care Finance; 

(3) The role of the courts; 

(4) District government and non-governmental resources related to behavioral health, 
including contact information; and 

(5) Websites for District government agencies and nongovernment resources related to 
behavioral health. 

(b) The resource guide shall be: 

(1) Made publicly available on the Internet; 

(2) Updated as necessary, along with updates of the information described in subsection 
(a)(4) and (5) of this section; and 

(3) Made available to other District agencies for distribution. 
(June 7, 2012, D.C. Law 19-141, § 502, 59 DCR 3083.) 

Historical and Statutory Notes 

Legislative History of Laws 

For history of Law 19-141, see notes under 
§ 2-1517.01. 

§ 2-1517.52. Department of Youth Rehabilitation Services behavioral health 
and compliance report. 

The Mayor shall submit a report to the Council by March 30 of each year, which shall 
include: 

(1) The number of youth: 

(A) Who were committed to the Department of Youth Rehabilitation Services 
("DYRS") during the previous calendar year; 

(B) Who received the required behavioral health screening; 

(C) Whose behavioral health screening indentified a need for further behavioral health 
assessment; 

(D) Who received a behavioral health assessment; and 

(E) Who were referred to appropriate services; 

(2) The reasons why a committed youth in DYRS did not receive the required behavioral 
health screening or behavioral health assessment, if any; and 

(3) If necessary, recommendations on how DYRS can ensure that all of its committed 
youth are receiving the required behavioral health screenings and behavioral health 
assessments along with an estimate of the time it will take to meet that requirement. 

(June 7, 2012, D.C. Law 19-141, § 503, 59 DCR 3083.) 

Historical and Statutory Notes 
Legislative History of Laws 

For history of Law 19-141, see notes under 
§ 2-1517.01. 

125 



§2-1517.52 D.C. OFFIGIAL'?GODE 

TITLE 3 

DISTRICT OF COLUMBIA BOARDS AND COMMISSIONS. 

, .. .■ . ■■■ .v-r.s-s 8 

SUBTITLE I. GENERAL. ,, , 

Chapter i >■: Section 

12. Health Occupations Boards .../......!. 3-1 205.1 () 

13. Lottery and Charitable Games Control Board 3-1313' 

SUBTITLE I ! ' -t/;/;,/" 

GENERAL. 

Chapter 12 
. ; Health Occupations Boards. ; 

.Subchapter Vi Licensing, Registration; or - ,-;.. ,■•.... . , : ■,.,■ ... 

Certification of Health Professionals. ;,..: 

Section ..••■■ ■ ■ ■ ',■:',) 

3-1205.10. Term and renewal of licenses, regis- . ■ ■■'.-:'.■' ' ' ' . ' ; 

.■.,., . trations, or certifications. ■ ( ., 



Subchapter V. Licensing, Registration, or ( .'."'' f 

Certification of Health Professionals. 

§ 3-1205.10. Term and renewal of licenses, registrations, or certifications. 

(a) A license, registration, or certification expires 1 year from the date of its first issuance 
or renewal unless renewed by the board that issued it as provided in this section, except 'that 
the Mayor, by rule, may provide for a period of licensure, registration, or certification of not 
more than 3 years; • . .;,; „,,,: j-.^-t?:,,,, ... r ;. .,;[„..<; ■■:■ 

(b) The Mayor may establish by rule continuing education requirements as a condition for 
renewal of licenses, registrations, or certifications under this section; provided, that r the 
Mayor shall:' " ' '■' f{ il "<"' : ' v) ; •■■:.!■/.■..:■ 

(1) Require that any continuing-education requirements for the practice of iriedicme 
include instruction on pharmacology, which shall: >■■;,■ 

'■ (A) Be evidence-based; ''"' ! ' 

(B) Provide physicians with information' regarding-the cost-effectiveness of pharmaco- 
logical treatments; and ■■'•'':■■■.' ,■■■■'-,-.••;■. ,J i >_>.;• 

(C) Not be financially supported by any pharmaceutical company or manufacturer; 

(2) Establish continuing-education requirements for the practice of pharmaceutical de- 
tailing, in accordance with § 3-1207.44; ■■■■.''":■"/. .., , . . /;/ < ! a 

(3) Establish continuing education requirements for nursing home- administrators that 
include instruction on one or more of the following topics? • •, ,i r: •)""; ( : s 

(A) Staff management; ■ <•, ' ■ ■•: ■:•/■■ •'■•;■'' ;? . 

'■ -.'■..' (B) Continuity in assigning the same nursing staff to the same residents as often as 

: practicable; ' -v 

■ ■■'■■ (C) Creating a resident-centered environment; . 

(D) Activities of daily living and instrumental activities of daily .living; , ' : >" i •;. r;.i 

(E) Wound care; s 

(F) Pain management; ■ '•.-■■ 

(G) Prevention and treatment of depression; , . . ;,,i 
(H) Prevention of pressure ulcers; . - . •.■>■'■; 
(I) Urinary incontinence management; . ' : ■■ . i ■ - '■:• 

126 



GOVERNMENT OF DISTRICT § 3-1205.10 

(J) Discharge planning and community transitioning; 
(K) Fall prevention; 

(L) Geriatric social services and individual competency; and 
(M) Behavior management; and 
(4)(A) Except as provided in subsection (b-1) of this section, require that any continuing 
education requirements for the following practices include 3 credits of instruction on the 
Human Immunodeficiency Virus ("HIV") and the Auto Immune Deficiency Syndrome 
("AIDS") in accordance with subparagraph (B) of this paragraph: 
(i) The practice of medicine; 
, (ii) The practice of registered nursing; 
(iii) The practice of practical nursing; 
(iv) The practice by nursing assistive personnel; and 
(v) The practice of physician assistants. 
(B) The instruction required by subparagraph (A) of this paragraph shall, at a 
minimum, provide information on one or more of the following topics: 

(i) The impact of HIV/AIDS on populations of differing ages, particularly the senior 
population; 

(ii) The impact of HIV/AIDS on populations of different racial and ethnic back- 
grounds; 

(iii) The general risk to all individuals in the District of HIV infection; 

(iv) How to inform all patients about HIV/AIDS, discuss HIV/AIDS with all 
patients, and appropriately monitor all patients for potential exposure to HIV and 
AIDS; or 

(v) The use, benefits, and risks associated with pre- and post-exposure prophylaxis 
treatment. 

(b-1) The Mayor may: 

(1) In consultation with the Board of Medicine, waive by rule the requirements of 
subsection (b)(4) of this section for an individual who can prove to the satisfaction of the 
Board of Medicine that he or she did not see patients in a clinical setting in the District 
during the previous licensing cycle; 

(2) With recommendations by the Department of Health, expand the continuing edu- 
cation requirements for any licensed health professional to specifically include instruction 
on HIV and AIDS; and 

(3) After December 31, 2018, with the advice of the relevant licensing boards, waive by 
rule the requirements of subsection (b)(4) of this section for one or more of the practices 
listed in subsection (b)(4) of this subsection, as he or she considers appropriate. 

(c) At least 30 days before the license, registration, or certification expires, or a greater 
period as established by the Mayor by rule, each board shall send to the licensee, registrant, 
or person certified by first class mail to the last known address of the licensee, registrant, or 
person certified a renewal notice that states: 

(1) The date on which the current license, registration, or certification expires; 

(2) The date by which the renewal application must be received by the board for renewal 
to be issued and mailed before the license, registration, or certification expires; and 

(3) The amount of the renewal fee. 

(d) Before the license, registration, or certification expires, the licensee, registrant, or 
person certified may renew it for an additional term, if the licensee: 

(1) Submits a timely application to the board; 

(2) Is otherwise entitled to be licensed, registered, or certified; 

(3) Pays the renewal fee established by the Mayor; and 

(4) Submits to the board satisfactory evidence of compliance with any continuing 
education requirements established by the board for license, registration, or certification 
renewal. 

127 



§ 3^1205.10 



D.C. OPPICIALi'CpDE 



(e) Each board shall renew the license, registration; or certification of each licensee, 
registrant, or person certified who meets the requirements of this section. ;,./> 

(Mai-. 25, 1986, D.G. Law 6-99, § 510, 33 DCR 729; Mar. 26, 2008, D.C. Law 17-131,. § 102(f),- 55 DCR 
1659; Mar. 25, 2009, D.C. Law 17-353, § 229, 56 DCR 1117; July 18, 2009, D.C. Law 18-26, § 2(e)(ll), 56 
DCR 4043; Apr. 29, 2010, D.C. Law 18-145, § 2(a), 57 DCR 1834; July 13, 2012, D.C. Law 19-156; § 2, 59 
DCR5595.) 



Historical and 
Effect of Amendments 

D.C. Law 19-156, in subsec. (b), deleted "and" 
from the end of par. (2), substituted "; and" for a 
period the end of par. (3)(M), and added par. (4); 
and added subsec. (b-1). 

Legislative History of Laws 

Law 19-156, the "HIV/AIDS Continuing Edu- 
cation Requirements Amendment Act of 2012", 



Statutory Notes ■ 

Was introduced in Council and assigned Bill No. 
19-510, which was referred to the Committee on 
Health. The Bill was adopted on first, and second 
readings on April 17, 2012, and. May 1, 2012, 
respectively. Signed by the Mayor tin May 15, 
2012, it was assigned Act No. 19-363 and transmit- 
ted to both Houses of Congress for its review. 
B.C. Law 19-156 became effective on July 13, 
• 2012. 



Chapter 13 
Lottery and Charitable Games Control Board. 



Section - ' 

3—1313. , Operation of lottery. ; 



§3-1313. Operation of lottery. . . 

The Board shall operate and conduct a lottery and shall determine the number of times a 
lottery shall be held each year, the form and price of tickets, and the number and value, of 
prizes to winning participants, determined in a manner and on a basis designated by the 
Board.. The proceeds of the sale of tickets shall be deposited in the Fund from which prizes 
shall be paid according to regulations established by the Board under § 3-1312. The Board 
may provide by regulation for the payment of prizes to winners directly by licensed agents. 

(Mar. 10, 1981, D.C. Law 3-172, § 4, 27 DCR 4736; Apr. 8, 2011, D.C. Law 18-370, § 762, 58 DCR 1008; 
May 31, 2012, D.C. Law 19-128, § 2, 59 DCR 2254.) > 

Historical and Statutory Notes 



Effect of Amendments 

D.C. Law 19-128 rewrote the section, which 
formerly read: 

.."(a) A lottery or lottery game means both 
games of skill and games of chance that are oper- 
ated by and for, the benefit of the District of 
Columbia by the Board; provided, that: 

"(1) If the games of skill and games of chance 
are offered via the Internet, any technology em-' 
ployed for the play shall confirm the play to be at 
all times , within the District; provided further, that 
ihe restriction shall not apply to the conduct of 
fantasy sports and sweepstakes-style games if such 
games are lawful; and 

"(2) No method, media, or device for play of the 
games of skill and games of chance shall violate An 
Act To prohibit transportation of gambling devices 
in interstate and foreign commerce, approved Jan- 
uary 2, 1951 (15 U.S. C. § 1171 et seq.), or any 
other federal law. 

. "(b) The Board shall operate and conduct a lot- 
tery and shall determine the number of times a 
lottery shall be held each year, the form and price 



of tickets therefor, the number and value of prizes 
to winning participants, determined in a manner 
arid on a basis designated by the Board. ■ The 
proceeds of the sale of tickets shall be deposited in 
the Fund from which prizes shall be paid according 
to regulations established by the Board under 
§ 3-1312. The Board may provide by regulation 
for the payment Of prizes to winners' directly by 
.licensed agents.) . , (i , ,;<,:.;'■;■/ i; (i -j 1 -,;, !■?'(' ([) 

"(c). The Board,; through' the Chief Firiariglal Of- 
ficer, pursuant to [subchapter I of, Chapter ( 6j of 
Title 2, may issue,, rules, to implement the-provi- 
sions of this section', 1 and may establish' which 
games may be offered and additional termshknd 
conditions for the conduct of the games notiinoonj- 
sistent with subsection (a) of this section, including 
the percentage 1 of wagered amounts to be retained 
by the Board, minimum and ma5umum wagers, and 
time limitations for the games." j,, ; 

Emergency Act Amendments 

For temporary (90 day) repeal of section 3 of 
D.C. Law 19-332, see § 7007 of Fiscal Year 2013 



128 



GOVERNMENT OF DISTRICT 

Budget Support Emergency Act of 2012 (D.C. Act 
19-383, June 19, 2012, 59 DCR 7764). 

For temporary (90 day) repeal of section 3 of 
D.C. Law 19-128, see § 7007 of Fiscal Year 2013 
Budget Support Congressional Review Emergency 
Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 
DCR 9290). 

Legislative History of Laws 

Law 19-128, the "Lottery Amendment Repeal 
Amendment Act of 2012", was introduced in Coun- 
cil and assigned Bill No. 19-474, which was re- 
ferred to the Committee on Finance and Revenue. 



§ 4-201.01 

Note 2 

The Bill was adopted on first and second readings 
on February 7, 2012, and March 6, 2012, respec- 
tively. Signed by the Mayor on March 18,. 2012, it 
was assigned Act No. 19-322 and transmitted to 
both Houses of Congress for its review. D.C. Law 
19-128 became effective on May 31, 2012. 
. Miscellaneous Notes 

Section 3 of D.C. Law 19-128 provides: 

"Sec. 3. Applicability. 

"This act shall apply upon the inclusion of its 
fiscal effect in an approved budget and financial 
plan." 



TITLE 4 

PUBLIC CARE SYSTEMS. 

Chapter Section 

2. Public Assistance ; . 4-201 .01 

7A. Services for Homeless Individuals and Families 4-753.03 

13. Child Abuse and Neglect 4-1301.02 

Chapter 2 
Public Assistance. 



Subchapter I. Definitions. 

Section 

4-201.01. Definitions. 

Subchapter IV. Medicaid Program 

Administration. 

Part C. Medicaid and Special 

Education Reform Fund. 



Section 

4-204.54. Purposes of the Fund. 



Subchapter I. Definitions. 



§ 4-201.01. Definitions. 



Notes of Decisions 



2. Eligibility limitations 

Favorable ruling by district court would not 
alleviate particularized injury alleged by Medicaid 
recipients whose prescription drug coverage had 
been denied, terminated, reduced, or delayed, as 
required to establish redressability for purposes of 
Article III standing in action alleging defendants' 
failure to provide recipients with adequate and 
timely notice, opportunity for fair hearing, or op- 
portunity for reinstated coverage pending hearing 
violated Fifth Amendment's Due Process Clause, 
Social Security Act (SSA), and District of Colum- 
bia law, since recipients sought only injunctive and 
declaratory relief rather than reimbursement for 
any expenses incurred as result of denial, termi- 
nation, reduction, or delay in prescription drug 
coverage. NB v. District of Columbia, 2011, 800 
F.Supp.2d 51, reversed 682 F.3d 77. Health «=» 
510 



Medicaid recipients alleged injuries, arising from 
denial, termination, reduction, or delay in their 
prescription drug coverage, were not fairly tracea- 
ble to acts of named defendants, as required to 
establish causal connection for purposes of Article 
III standing in action alleging defendants' failure 
to provide them with adequate and timely notice, 
opportunity for fair hearing, or opportunity for 
reinstated coverage pending hearing violated Fifth 
Amendment's Due Process Clause, Social Security 
Act (SSA), and District of Columbia law, since 
doctors, rather than defendants, failed to authorize 
prescriptions, fear or apprehension arising from 
prior authorization requirements was not traceable 
to defendants, and denial of coverage in was often 
due to mistake by pharmacy or electronic claims 
management system rather than decision of defen- 
dants. NB v. District of Columbia, 2011, 800 



129 



§ 4-201.01 D.C; OFFICIAL [CODE 

Note 2 

F-Supp.2d 51, reversed 682 F.3d 77. Health <3=> violated Fifth Amendment's Due Process Claus'e, 

510 Social Security Act (SSA), arid District of ColuM- 

mr j- -j ■ „,■„:„ ■<.„ * -i j 4.„ j ■ i i it. bia law, since recipients were ultimately able to 
Medicaid recipients failed to demonstrate they obtain ^ £ ptims at n0 cost in y ma ^ in . 

suffered real or immediate injury in fact as result stances and Either inconvenience attributabM 

of denial, termination, reduction, or delay m then- de]ay in recei t of p rescr iptions nor fear of po&l 

prescnption drug coverage, as required to estab- tia i a Hergic reaction to drug provided by substitute 

lish Article III standing in action alleging defen- pharmacy rose to level necessary to constitute 

dants' failure to provide them with adequate and injury in fact. NB v. District of Columbia, 2011, 

timely notice, opportunity for fair hearing, or op- 800 F.Supp,2d: 51, reversed 682 F.3d 77. Health 

,portunity for reinstated coverage pending hearing <5= 510 ,,/ 

Subchapter IV. Medicaid Program AbMiNiSTRATidN. ' ' ,,J ' ' ' " ' '' ! '■ 
Part C. Medicaid and Special Education Reform Fund. 
§4-204.54. Purposes of the Fund. '^Sir 

Historical and Statutory Notes v,;o 

Emergency Act Amendments _ , For temporary (90 day) 'addition of sections-see 

For temporary (90 day) addition of section, see •' § '5142 of Fiscal Year 2013 Budget Support -Con- 
§ 5142 of Fiscal Year 2013 Budget Support Emer- gressional. Review Emergency Act of 2012 (D^C. 
gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19-413, July 25, 2012, 59 DCR 9290). 
59DCR7764). ,., „,,„.,,. f , 

, rr,£ Chapter fi : As[ 
Services for Homeless Individuals and Families. 

Subchapter III. Continuum of Care. /,"' ' 

Section ?- ,. ,,, 

4-753.03. Grace period for estabhshing residency. 



Subchapter III. Continuum of Care. 

§ 4-753.03. Grace period for establishing residency; 

Historical and Statutory Notes / ,'.'!5.U(S !• 8 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 5102 of Fiscal Year 2013 Budget Support Con- 
§ 5102 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act of 2012, (D.G. 
gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19-413, July 25, 2012, 59 DCR 9290). ". .■• '"' 
59DCR7764). ^;j';, ; .'"..,'.. ,,.,,; ^ ; '■■'• ,,;';,/ \ ,'.'.. ;,,\ : . 

■ ■ ,' ■:.'■ ■«; "HiHYl 'yv::h J.fn i 'V;-v ■ ;■ .'■" ■ J::v'.~ ■ ,'■.,'■ >[■■ ■ i -'.- V 

■ Chapt^l^ :J '' f ' ^'>™ !;(, ''>' ,J,J ; ii r!'' t ■■' ,;:i;, -" : i: ' ? ■' 
■ Child Abuse and"Neglec^ ; . ^ : ; : ^1\kV /Y\ //,".,, ; ; 

Subchapter I. Prevention of Child Section ;;,:,,, , 

■ Abuse and Neglect. 4-1303.03. , ...Duties and powers of the Director. 1 

Part A. Reporting Abuse and Neglect. 4-1303.03e. ; Behavioral health screening and as- 

sessment requirements. . .,-.■< 

Section ' ,■ ■.- 

4-1301.02. Definitions. Subchapter II. Reports of Neglected Children. 

4-1301.09a. Reasonable efforts. > , ' v >!..; -;;->■■. 

.4-1321.02. Persons required to make reports; 
Parte. Child and Family Services Agency. procedure. 

130 



GOVERNMENT OF DISTRICT § 4-1301.02 

Subchapter I. Prevention of Child Abuse and Neglect. 
Part A. Reporting Abuse and Neglect. 

§ 4-1301.02. Definitions. 

For the purposes of this subchapter: 

(1) "Abused", when used in reference to a child, shall have the same meaning as is 
provided in § 16-2301(23). 

(2) "Adoption promotion and support services" means services and activities designed to 
encourage more adoptions of committed children, when such adoptions promote the best 

■ interest of the children, including such activities as pre-and post-adoptive services and 
activities designed to expedite the adoption process and support adoptive families. 

(2A) Except where used in title IV of this act, "Agency" means the Child and Family 
Services Agency established by § 4-1303.01a. 

(2A-i) "Behavioral health" means a person's overall social, emotional, and psychological 
well-being and development. 

(2A-ii) "Behavioral health assessment" means a more thorough and comprehensive 
examination by a mental health professional of all behavioral health issues and needs 
identified during an initial behavioral health screening by which the mental health profes- 
sional shall identify the type and extent of the behavioral health problem and make 
■ recommendations for treatment interventions. 

(2A-iii) "Behavioral health screening" means a brief process designed to identify youth 
who are at risk of having behavioral health disorders that warrant immediate attention, or 
intervention, or to identify the need for further assessment with a more comprehensive 
examination. 

(2B) "CAC" means Safe Shores, the District of Columbia's Children's Advocacy Center. 

(3) "Case plan" means a written document concerning a child that includes at least the 
following: 

(A) A description of the type of home or institution in which the child is to be placed, 
including a discussion of the safety and appropriateness of the placement and how the 
agency that is responsible for the child plans to carry out the voluntary placement 
agreement or judicial determination made with respect to the child; 

(B) A plan for assuring that the child receives safe and proper care and that services 
are available to the parents, child, and foster parents in order to improve conditions in 
the parents' home, facilitate return of the child to his or her own safe home or to the 
child's permanent placement, and address the child's needs while a committed child, 
including the appropriateness of services provided to the child under the plan; 

(C) To the extent available and accessible, the child's health and education records; 

(D) Where appropriate, for a child 16 years of age or over, a written description of the 
programs and services which will help the child prepare for the transition from being a 
committed child to independent living; and 

(E) If the child's permanent plan is adoption or placement in another permanent 
home, documentation of the steps (including child specific recruitment efforts) taken to 
accomplish the following: ■ 

(i) Find an adoptive family or other permanent living arrangement, such as with a 
legal custodian, with a kinship caregiver, or in independent living; 

(ii) Place the child with, an adoptive family, a kinship caregiver, a legal custodian, or 
in another planned permanent living arrangement; and 

(iii) Finalize the adoption or legal custody or guardianship. 

(F) In the case of a child with respect to whom the permanency plan is placement with 
a relative and receipt of kinship guardianship assistance payments under § 16-2399, a 
description of the: 

(i) Steps taken to determine that it is not appropriate for the child to be returned 
home or adopted; 
(ii) Reasons for any separation of siblings during placement; 

131 



§4-1301.02 d.c. official: code 

(iii) Reasons a permanent placement with a fit and willing relative through a kinship 
guardianship-assistance arrangement is in the child's best interests; 

(iv) Ways in which the child meets the eligibility requirements for a kinship 
guardianship-assistance payment; 

(v) Efforts made to discuss adoption by the child's relative foster parent as a more 
permanent alternative to legal guardianship and, in the case of a relative foster parent 
who has chosen not to pursue adoption, documentation of the reasons therefore; and 

(vi) Efforts made to discuss with the child's parent the kinship guardianship- 
assistance arrangement, or the reasons the efforts were not made; and 
(G) A plan for ensuring the educational stability of the child while in foster care, 
including: ' ' ' 

'''■ (i) Assurances that the placement of the child in foster care takes into account 1 the 

appropriateness of the current educational setting and the proximity to the school in 
which the child is enrolled at the time of placement; and 

(ii)(I) An assurance that the Agency has coordinated with appropriate local edu- 
cational agencies, as defined under section 9101(26) of the Elementary and' Secondary 
Education Act of 1965, approved January 8, 2002 (115 Stat. 1425; .20 U.S.C. 
§ 7801(26)), to ensure that the child remains in the school in which the child is enrolled 
at the time of placement; or , 

(II) If remaining in the school the child is enrolled in at the time of placement is 
not in the best interests of the child, assurances by the Agency and the local 
educational agencies to provide immediate and appropriate enrollment in a new 
school, with all of the educational records of the child provided to the new school. 

(4) "Child Protection Register" means the confidential index of all reports established 
pursuant to § 4-1302.01. 

(4 A) "Consumer reporting agency" means a person or entity that assembles or evaluates 
consumer credit information or other information on consumers for the purpose of 
furnishing consumer reports and the disclosure of file information to third parties. 

(5) "Credible evidence" means any evidence that indicates that a child is an abused or 
neglected child, including the statement of any person worthy of belief. 

(6) "Director" means the Director of the Child and Family Services Agency established 
by§ 4-1302.01. '• ■ 

(6A) "Domestic partnership" shall have the same meaning as provided in § 32-701(4). 

(7) "Drug" shall have the same meaning as the term "controlled substance" has in 
§ 48-901.02(4). 

(8) "Drug-related activity" means the use, sale, distribution, or manufacture of a drug or 
drug paraphernalia without a legally valid license or medical prescription. 

(9) "Entry into foster care" means the earlier of: 

(A) The date of the first judicial finding that the child has been neglected; or 

(B) The date that is 60 days after the date oh which the child is removed from the 
home. 

(9A) [Not funded] 

(10) "Family preservation services" means services for children arid families who are at 
' risk of abuse or neglect, or in crisis, including! ■.. 

(A) Services designed to help children return to families from which they have' been 
removed, or be placed for adoption, where safe and appropriate, with a legal guardian, or, 
if adoption or legal guardianship is' determined not to be safe and appropriate for a child, 
in another permanent living arrangement; 

(B) Replacement prevention services; 

(C) Services which provide follow-up care to families to whom a child has returned 
after commitment; 

(D) Respite care services; and 

(E) Services designed to improve parenting skills and abilities. 

(11) Family support services' means community-based services to promote the safety 
and well-being of children and families, and designed to: 

(A) Increase family strength and stability; ..''.! 

132 



GOVERNMENT OF DISTRICT § 4-1301.02 

(B) Increase parent confidence and competence; 

(C) Afford children safe, stable, and supportive family environments; and 

(D) Otherwise enhance child development 

(12) "God parent" means an individual identified by a relative of the child by blood, 
marriage, domestic partnership, or adoption, in a sworn affidavit, to have close personal or 
emotional ties with the child or the child's family, which pre-dated the child's placement 
with the individual. 

(13) "Guardian ad litem" means an attorney appointed by the Superior Court of the 
District of Columbia to represent the child's best interests in neglect proceedings. 

(13A) "Inconclusive report" means a report, made pursuant to § 4-1321.03, which cannot 
be proven to be either substantiated or unfounded. 

(14) "Kinship caregiver" means an individual who: 

(A) Is approved by the Division to provide kinship care; 

(B) Is at least 21 years of age; 

(C) Is providing, or is willing to, provide for, the day-to-day care of a child; and 

(D) Either: 

(i) Is a relative of the child by blood, marriage, domestic partnership, or adoption; 
or 
(ii) Is a godparent of the child. 

(15) "Law enforcement officer" means a sworn officer of the Metropolitan Police 
Department of the District of Columbia. 

(15A) "Neglected child" shall have the same meaning as is provided in § 16-2301(9). 
(15B) "Panel" means the Citizen Review Panel established by § 4-1303.51. 
(15C) "Placement disruption" means an unplanned move necessary to protect the safety 
and well-being of the youth. 

(16) "Police" means the Metropolitan Police Department of the District of Columbia. 

(17) "Report" means a. report to the police or the Agency of a suspected or known 
neglected child. 

(18) Repealed. 

(19) "Source" means the person or institution from whom a report originates. 

(19A) "Substantiated report" means a report, made pursuant to § 4-1321.03, which is 
supported by credible evidence and is not against the weight of the evidence. 

(20) "Time-limited family reunification services" means services and activities provided 
to a committed child and to the child's parent, guardian, or custodian in order to facilitate 
the safe, appropriate, and timely reunification of the child during the 15 months following 
the child's entry into foster care. Time-limited family reunification services include: 

(A) Individual, group, and family counseling; 

(B) Inpatient, residential, or outpatient substance abuse treatment services; 

(C) Mental health services; • 

(D) Assistance to address domestic violence; 

(E) Services designed to provide temporary child care and therapeutic services for 
families; and 

(F) Transportation to or from any of the services and activities described in this 
paragraph. 

(20 A) "Unfounded report" means a report, made pursuant to § 4-1321.03, which is made 
maliciously or in bad faith or which has no basis in fact. 

(21) Repealed. 

(22) "Youth" means an individual under 18 years of age residing in the District and those 
classified as youth in the custody of the Agency who are 21 years of age or younger. 

(Sept. 23, 1977, D.C. Law 2-22, title I, § 102, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(a), 37 DCR 
50; June 27, 2000, D.C. Law 13-136, § 201(a), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(a), 48 
DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(a), 49 DCR 7815; Apr. 12, 2005,' D.C. Law 15-341, § 2(a), 

52 DCR 2315; Apr. 13, 2005, D.C. Law 15-354, § 96, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 20, 

53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 12, 55 DCR 6758; May 27, 2010, D.C. Law 18-162, 
§ 2(a), 57 DCR 3029; Sept. 24, 2010, D.C. Law 18-228, § 2(a), 57 DCR 6926; Mar. 12, 2011, D.C. Law 
18-312, § 2(a), 57 DCR 12398; June 7, 2012, D.C. Law 19-141, § 505(a), 59 DCR 3083.) 

133 



§ 4-1301.02 D.C. OFFIC1MS-ME0DE 

Historical arid Statutory Notes ■■.''.;<) 

Effect of Amendments ■', ' ' ferred to the Committee of the Whole. '.The Bill 

D.C. Law 19-141 added pars. (2A-i), (2A-ii), was adopted on first and second readings on 

(2A-iii), (15C), and (22). March 6, 2012, and March 20, 2012, respectively. 

Legislative History of Laws , Signed by the Mayor on April 10, 2012, it- r, was 

Law 19-141, the "South Capitol Street Memorial assigned Act No. 19-344 and transmitted to bpth 

Amendment Act of 2012", was introduced in Coun- Houses of Congress for its review. D.C. Law 

cil and assigned Bill No. 19-211, which was re- 19-141 became effective on June 7, 2012, . , " 

§ 4-1301.09a. Reasonable efforts. i ; i 

(a) In determining and making reasonable efforts under this section, the child's safety and 
health shall be the paramount concern. .■■',■ ■" " ■.■■'■V t.'i.< 

(b)(1) Except as provided in subsection (c) of this section, reasonable efforts' ■shall' be made 
to preserve and reunify the family by the Agency . .,:,.;:, •..;; 

(2) These reasonable efforts shall be made prior" to the removal of a child from the home 
in order to prevent or eliminate the need for removing the child, unless the provision of 
services would put the child in danger. ; . L -v ■"< '/>> l<!\s'> '>C ■"■(> y-r< ' 

(3) Reasonable efforts shall be made to make it possible for the child to return safely to 
the child's home. .i >;::■) ■.:■'■,"■.■■ '■;■■* ■-■;',■■■:;■, n ■■ ' ;■■} 

■ (c) If reasonable efforts as required) by.'subsection (b) of this section are determined to be 
inconsistent with the child's permanency plan, the Agency shall make reasonable efforts to 
place the child in accordance with the :, child's permanency plan and to complete whatever 
steps are necessary to finalize the child's permanent placement. r,") 

(d) The Agency shall not be required to make reasonable efforts to preserve and reunite 
the family with respect to a parent if: v t r, 

(1) A court of competent jurisdiction has determined that the parent: "■ ' '■•■ ) 

■ . <■ ' (A) Subjected the child who is the subject of a petition before the Family Court Of the 
Superior Court of the District of Columbia ("Family Court"), a sibling of the child, or 
another child to cruelty, abandonment, torture, chronic abuse, or sexual abuse; 

(B) Committed the murder or voluntary manslaughter of a sibling of the child who is 
the subject of a petition before the Family Court or another child, or of any other 
member of the household of the parent; ; ; 

(C) Aided, abetted, attempted, conspired, or solicited to commit the murder or 
voluntary manslaughter of the child who is the subject of a petition before the Family 
Court, a sibling of the child, or another child, or of any other member of the household of 
the parent; or , J( i.j 

(D) Committed an assault that constitutes a felony against the. child who is the subject 
of a petition before the Family Court, a sibling of the child, or another child; , , ■ ( 

(2) The parent's parental rights have been terminated involuntarily with^resp^ct to a 

siblin s ; 0r Mk (CD, 



(3) A court of competent jurisdiction has determined that the parentis ^required to 
gister with a sex offender ---■-■—--'■-<-■' — -■--"— ■+■•«>-■, -* ^-l-< a^ji^^t-JilIi. /-n-.-u 

Protection and Safety Act of 



register with a sex offender registry under section 113(a) of the 'Adam "Walsh Child 

' 2006, approved July 27, 2006..(12Q.Stat!"5^'^ n tf.S.C. 



16913(a)). ' ■ * ' " ■•• ■ ■■'' ■" "■' ,: ' 1 ' I£ ^ ,0,JiJ,f f. ,r „„ ( i ''.' 1 .. 

, (e) If reasonable efforts are not made pursuant to subsection (d) of this section:,. '/„.' ™l 

(1) A permanency hearing conducted pursuant to § 16-2323 shall be .held. for 'the j^hild 
within 30 days after the determination that reasonable efforts are not required;,' and 

(2) Reasonable efforts shall be made to place the child in a timely manner in accordance 
, with the permanency plan, and to complete whatever steps are necessary to finalize the 

permanent placement of the child. 

(f) Reasonable efforts to, place a child for adoption, with an approved kinship caregiver, 
with a legal custodian or guardian, or in another permanent placement may be made 
concurrently with the reasonable efforts required by subsection (b) of this section. 
(Sept. 23, 1977, D.C. Law 2-22, title I, § 109a, as added June 27, 2000, D.C. Law 13-136, § 201(c), 47 
DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(h), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(e), 
52 DCR 2315; July 13, 2012, D.C. Law 19-164, § 2, 59 DCR 6185.) , ; ,f, 

134 



GOVERNMENT OF DISTRICT §4-1303.03 

Historical and Statutory Notes 

Effect of Amendments the Superior Court, a sibling of such a child, or 

D.C. Law 19-164, in the lead-in language of another child; or"; in subsec. (d)(2), substituted 

subsec. (d), substituted ""efforts to preserve and "sibling; or" for "sibling."; and added subsec. 

reunite the family" for "efforts"; in subsec. (d)(3). 

(d)(1)(A) substituted "the child who is the subject Legislative History of Laws 

of a petition before the Family Court of the Supe- T „ ,„„,,., 

rior Court of the District of Columbia ("Family Law 19 ~ 164 ' the Chlld Abuse Prevention and 

Court"), a sibling of the child, or another child" for Treatment Amendment Act of 2012", was mtro- 

"a sibling or another child"; in subsec. (d)(1)(B), duced in Council -and' assigned Bill No. 19-466, 

substituted ""a sibling of the child who is the which was referred to the Committee on Human 

subject of a petition before the Family Court" for Services. The Bill was adopted on first and sec- 

"a sibling"; in subsec. (d)(1)(C), substituted "the ond readings on April 17, 2012, and May 1, 2012, 

child who is the subject of a petition before the respectively. Signed by the Mayor on May 17, 

Family Court, a sibling of the child, or another 2012, it was assigned Act No. 19-374 and transmit- 

child" for "a sibling or another child"; in subsec. ted to both Houses of Congress for its review. 

(d)(1)(D), substituted "Family Court, a sibling of D.C. Law 19-164 became effective on July 13, 

the child, or another child;" for "Family Division of 2012. 

Part C. Child and Family Services Agency. 

§ 4-1303.03. Duties and powers of the Director. 

(a) The Director of the Agency shall have the following duties and powers, any of which 
may be contracted for, as appropriate, with private or other public agencies: 

(1) Eeceive and investigate reports of abuse or neglect as provided in subchapter II of 
this chapter, § 4-1301.04 and § 4-1301.06 and assist in the determination of the need for 
the removal of an abused or neglected child as provided in § 4-1301.07; 

(2) Within 90 days of taking a child into custody pursuant to § 4-1303.04(c)(l), return the 
child to the home or to request that the Office of the Attorney General file a neglect 
petition in the Family Division of the Superior Court of the District of Columbia; 

(3) To maintain a program of treatment and services for families of neglected and abused 
children including services designed to help children, where safe and appropriate, return to 
families from which they have been removed; 

(4)(A) To prepare annually a plan for child protective services, which shall be reviewed 
and commented on by the Mayor's Committee on Child Abuse and Neglect, and which 
shall: 

(i) Describe the Agency's implementation of the Adoption and Safe Families Amend- 
ment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850), including 
its organization, staffing, method of operations and financing, and programs and 
• procedures for the receipt, investigation and verification of reports; 

(ii) Describe the provisions for the determination of protective services and the 
treatment of ameliorative service needs, and the provision of such services; 

(iii) State the guidelines for referrals to the Family Division of the Superior Court of 
the District of Columbia; and 

(iv) State the provisions for monitoring, evaluation, and planning. 
(B) The.first plan shall be made available to the public within 90 days of June 27, 2000; 

(5) To encourage and assist in the formation of child abuse and neglect teams in 
hospitals, health and mental health clinics, and other appropriate facilities in the District of 
Columbia; and 

(6) To take whatever additional actions are necessary to accomplish the purposes of the 
Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 
13-136; 47 DCR 2850). 

(7) To provide services to families and children who are eligible for such services, 
consistent with the requirements of this subchapter, through programs of services to 
families with children, child protective services, foster care, and adoption; 

(8) To maintain a 24-hour, 7-days-a-week intake component to receive reports of 
suspected child abuse or neglect. The intake component shall be staffed at all times by 
workers specially trained in intake and crisis intervention and shall maintain: 

135 



§ 4-1303.03 DC, OFFICIAL ICODE 

(A) The capacity for receiving reports and for responding promptly with investigation 
and emergency services; , -n'ftM 

(B) A widely publicized telephone number for receiving reports at all times; and \d 

(C) Sufficient telephone lines and qualified staff so that all calls will be answered 
immediately by a trained worker; "' . r "/. ( 

(9) To receive reports of suspected child abuse and neglect; l ; l" 

(10) To conduct a social service investigation of alleged child abuse and neglect case^ 
■> including joint investigation with the Metropolitan Police Department; , % . , !r -, / » 

(11) To provide and maintain, for families of children who have been abused or neglected',' 
a program of treatment and services designed to promote the safety of children, reunifica- 
tion of families, and timely permanent placements; ': l! ' ,( ' : ,; 

(12) Repealed. ''■'.'] ''.''•. "..■':' ■ ,"' ', ';Vi" 

(13) To provide protective service clients appropriate services necessary for ; the preser^ 
vation of families, or to contract with private, or. other public agencies forthe purpose' of 
carrying out this duty. These services may include: ; - : ■■■,:,,:■■ .;,,.;;.:;' ■<>■;■ ■■■'.'. 

(A) Emergency financial aid; • i:,! ' "" -1{; '' " li; v -^ i' ' "i'j ":!>:'■■'>"■■■■■.■'■■■. .,:.■.' 

(B) Emergency caretakers; 

(C) Homemakers; ,. ■ ■/■JvvrsY. i$wx\>:^ Vn^s V;V,^'l) .'j V;;v" 

(D) Family shelters; 

(E) Emergency foster homes; .run--,^: ■■■■■<]', ';'■■■ •;■"."■■./■.?;■; on:- ■.■-■r ]■■;'.■■ .wiv- n-;i~b § 
,\ ■■ . (F) Facilities providing medical,, psychiatric, and other therapeutic services;: .,■; y » f .) 

(G) Daycare; '•'-.• : - ! . ,■'■:■■ -r.^-. ,/,;'".-. . ..■,■■,.:■< .■■;.■■■)'.;■■ y:\ui 

■.,. (H) Parent aides; ,'■':■..■■ ,■■'.■ ti'; 

(I) Lay therapists; and :■■■■ ; ■.:,■.■ ^u 

(J) Respite care; ; i 

(14) To offer rehabilitative services to the child's family in an effort to reunify the family 
when a child has been adjudicated a neglected child and placed in foster care; 

(15) To immediately, upon court direction, implement the concurrent or alternative plan 
for the permanent placement of a child when time-limited family reunification services, as 
defined in § 4-1301.02(19), have failed to' reunite a child in foster care with his or her family 
or when § 16-2354 applies; and . : 

(16)(A) To request from a consumer reporting agency that compiles and maintain files oil 
consumers on a nationwide basis and is nationally ranked among the top 3 such agencies, 
the disclosure of file information pursuant to section 609 of the federal Fair "Credit 
Reporting Act, approved October 26, 1970 (84 Stat. 1131; 15 U.S.C. § 1681g), on behalf of a 
ward of the Agency under the age of 18 years to determine whether identify theft has 
occurred, when: .:■,,'.-. 

(i) An adoption petition has been filed in the Superior Court of the District of 
. Columbia; ,'. , . , ..■■'.,■; 

(if) A motion for guardianship has been filed in the Superior Court of the : District of 
' : * ; Columbia; or . ; m .,'. ;'■■ .'-.■'"' ■,■'. :■';'.■ . - 'h> 

(iii) The Agency anticipates that the jurisdiction of the Family Court' of the-Superior 
Court of the District of Columbia will be terminated; ., ■ ,h: 

(B) The Agency shall provide the disclosed file information ta the ward's: 'guardian ad 
litem within 30 days of obtaining the results. , ■:■, T (<;! 

(C) For a ward over the age of 18 years, the Agency shall assist the ward if thfe-ward 
wants to obtain disclosure of file information prior to the termination of the jurisdiction 

: of the Family Court of the Superior Court of the District of Columbia. 

(D) If the Agency determines that disclosed file information indicates that identity 
theft may have occurred, the Agency shall refer the ward to an approved organization 
that provides credit counseling to victims of identity theft; provided, that the Agency 
shall not be responsible for providing assistance beyond a referral. .■;.'-,. 

(E) Within 120 days of May 27, 2010, the Mayor, pursuant to subchapter I of Chapter 
5 of Title 2, shall issue rules to implement the provisions of this paragraph. . The 

■,.-■■ proposed rules shall be submitted to the Council for a 30-day period of review, excluding 
Saturdays, Sundays, legal holidays, and days of Council recess, i If the Council does not 

136 



GOVERNMENT OF DISTRICT § 4-1303.03 

approve or disapprove the proposed rules, in whole or in part, by resolution within the 

30-day review period, the proposed rules shall be deemed approved; 
. (17) [Not funded] 

(18) To offer employment counseling to foster children, as defined by § 4-342(3), who 
are ages 18 through 21 years old; and 

(19)(A) When requested by a foster child or former foster child who is 18 years of age or 
older, to provide a letter verifying the person's status as a foster child or former foster 
child pursuant to § l-608.01(e-l); and 

(B) To record and track the number of foster children or former foster children who 

request a letter from the Child and Family Services Agency verifying their status 

pursuant to subparagraph (A) of this paragraph. 
(a-1) The Director of the Agency shall have the following additional duties and powers: 

(1) To take into custody and place in shelter care, in accordance with subchapter I of 
Chapter 23 of Title 16, children who have been abused or neglected; 

(2) To develop and test innovative models of practice consistent with the purposes of this 
subchapter; 

(3) To develop programs that deliver a broad range of child and family services, 
including programs that involve the participation of community and neighborhood-based 
groups in prevention and intervention services; 

(3A)(A) To issue grants to community and neighborhood-based groups for programs that 
deliver prevention and intervention services; provided, that the Director submits an annual 
report to the Council that includes the recipient, amount, purpose, and term of each grant 
issued, and a description of outcomes to be achieved and an evaluation of whether or not 
those outcomes have been achieved for each grant issued. 

(B) A grant in excess of $1 million shall be submitted to the Council for approval in 

accordance with § 1-204.51. 

(4) To facilitate: 

(A) Permanent placement of a child, including reunification with original caretakers 
where such placement is consistent with the child's safety; 

(B) Permanent placement with relatives; and 

(C) Adoptive placement, as appropriate; 

(5) To facilitate meetings for a child in foster care with parents, siblings, relatives, and 
extended family members; 

(6) To provide other programs and services that are consistent with the purposes of this 
subchapter; 

(7) To monitor and evaluate services to and needs of abused and neglected children and 
their families; 

(8) To be the personnel authority for all employees of the Agency, including the exercise 
of full authority to hire, retain, and terminate personnel, consistent with Chapter 6 of Title 
1; 

(9) By delegation from the Mayor, and independent of the Office of Contracting and 
Procurement, to exercise procurement authority to carry out the purposes of the Agency, 
including contracting and contract oversight, consistent with Unit A of Chapter 3 of Title 2, 
except § 2-301.05(a), (b), (c), and (e); 

(10) Starting not later than October 1, 2001, and notwithstanding the licensing powers 
and responsibilities given to other District agencies and officials in subchapters I-A and I- 
B of Chapter 28 of Title 47, to be the exclusive agency to regulate foster and group homes 
for children who have been abused or neglected and to regulate child placement agencies 
for these children. For the purposes of this paragraph, the term "regulate" means all 
licensing, and related functions, except fire inspections and the issuance of certificates of 
occupancy and all inspections relating to those certificates; 

(11) Starting not later than October 1, 2001, to be the "appropriate authority," under 
§ 4-1421 for children who have been abused or neglected; 

(12) To adopt regulations to carry out the purposes of this subchapter, in accordance 
with Chapter 5 of Title 2; and 

(13) To take whatever additional actions are necessary to accomplish the purposes of this 
subchapter. 

137 



§ 4-1303.03 DC. OFFICIAL SO©E) 

(b)' The Agency, or the person or agency the Agency contracts with, shall: .-sqr, 

(1) When a child is at risk of being removed from his or her home because of child ahuse 
or neglect, provide family preservation services designed to help the child remain "safely 
with his or her family; ■■'..•'■■',' 

(2) When a child has been adjudicated a neglected child arid committed to the Agency, 
offer rehabilitative services to the child's family including tiirie-limited family reunification 
services designed to help child, where safe arid appropriate, return to the family from Which 
he or she has been removed; '"'■'" 

(3) When time-limited faihily reunification services have failed to reunite a eohiinitted 
child and his or her family, take steps to implement a permanent plan of adoptiott or an 
alternative permanent plan for the child; " : ' '..'""' 

(4) Establish or attempt to secure priority access for protective service clients, by 
contract or agreement with private organizations, other public agencies, or other Agency 
units, to services necessary for the preservation or reunification of families which may 

■ include, but not be limited to: .. .uu: ■ . ' ... : 

(A) Emergency financial aid; 

(B) Emergency caretakers; ' .' .' ' '• ; ' •' '■'.'"'• 

(C) Homemakers; '"'■.' ' . ' ;l 

(D) Family shelters and housing assistance; ' '' ',."■'' 

(E) Emergency foster homes; " ''".'.. 

(F) Mental health services, including facilities providing medical, psychiatinc, or.' other 
therapeutic services; . . . . .';,'; 

(G) Daycare; ; ; ,J,.r, 
(H) Parent aides and lay therapists; , -._■.■• 

(I) Domestic violence services; <;•>;; 

(J) Respite care; and .,-,, (M 

:■::■.: (K) Substance abuse assessment arid treatment; , (A) 

(5) Monitor and evaluate the services to, and the needs of, neglected children andhtheir 
famihes; ; i Q) 

(6) Compile and publish training materials; and • \ •"')) 

(7) Provide technical assistance on neglect prevention, identification, and treatment^) 

(8) Develop and implement, as soon as possible, standards that provide ■ for 'tpality 
services that protect the safety and health of children, for children who are removedBfrom 
their homes; , , J'jifnr-; 

(9) Develop and operate programs of family preservation services, family support 
services, time-limited family reunification services, and adoption promotion and support 

■. services; •■-' ■ ■■*. ■ . ■ ■ ■:.,.<;;) 

'■" (9A) Offer meeting facilitation services for esctended family members when appropriate 

to meet permanency and safety goals as established by the Adoption and Safe Families 

Amendment Act of 2000, effective June 27, 2000 (D. C. Law 13-136; 47 DCR 2850); 

(9B) Develop procedures and practices for cooperation arid joint activities with the 

Metropolitan Police Department; and 

(10) Prepare and submit to the Mayor, the Council, and the public a report to be 
submitted no later than February 1 of each year; which shall include: 

(A) A description of the specific actions taken to implement the Adoptiori and Safe 
Families Ariiendment Act of 2000, effective June 27, '2000 (D.C. Law 13-136; 47 DCR 

2850); ; ;: 

(B) A full statistical analysis of cases including: 

(i) The total number of children in care, their ages, legal statuses, and permanency 
goals; 
(ii) The number of children who entered care. during the previous year (by month), 
... ■ their ages, legal statuses, and the primary reasons they entered care; ,i 

(iii) The number of children who have been in care for 24 months or longer,: by their 
,.;.;;/■ length of stay in care,. including: v ,< ,. , 

(I) A breakdown in length of stay by permanency goal; • ;-;. , v In; 

138 



GOVERNMENT OF DISTRICT § 4-1303.03 

(II) The- number of children who became part of this class during the previous 
year; and 

(III) The ages and legal statuses of these children; 

(iv) The number of children who left care during the previous year (by month), the 
number of children in this class who had been in care for 24 months or longer, the ages 
and legal statuses of these children, and the reasons for their removal from care; and 

(v) The number of children who left care during the previous year, by permanency 
goal; their length of stay in care, by permanency goal; the number of children whose 
placements were disrupted during the previous year, by placement type; and the 
number of children who re-entered care during the previous year; 

(C) An analysis of any difficulties encountered in reaching the goal for the number of 
children in care established by the District; 

(D) An evaluation of services offered, including specific descriptions of the family 
preservation services, community-based family support services, time-limited family 
reunification services, and adoption promotion and support services including: 

(i) The service programs which will be made available under the plan in the 
succeeding fiscal year; 

(ii) The populations which the program will serve; and 

(iii) The geographic areas in which the services will be available; 

(E) An evaluation of the Agency's performance; 

(F) Recommendations for additional legislation or services needed to fulfill the pur- 
pose of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 
(D.C. Law 13-136; 47 DCR 2850); and 

(G) The comments submitted by a multidisciplinary committee that works to prevent 
child abuse and neglect and which the Mayor designates to receive and comment on the 
report. 

(11) At all stages of a neglect case, the presumption shall be that a child will attend the 
same school that he or she would have attended but for the child's removal from his or her 
home, unless the Agency determines that it is not in the child's best interest to do so. The 
Agency shall determine the child's best interest in consultation with parents, when feasible, 
the child, resource providers, guardian ad litems, and other significant persons. 

(c) The Director of the Agency shall implement the Protection of Children from Exposure 
to Drag-related Activity Amendment Act of 1989, effective March 15, 1990 (D.C. Law 8-87; 37 
DCR 50). The Chief of the Division and the Director of the Department of Human Services 
shall provide the services authorized pursuant to this section to a child who is abused as a 
result of inadequate care, control, or diminished subsistence due to exposure to drug-related 
activity. 

(d) The safety of the children being served shall be the paramount concern of the Agency 
in administering and conducting its duties and responsibilities under this section. 

(Sept. 23, 1977, D.C. Law 2-22, title III, § 303, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(e), 37 
DCR 50; June 27, 2000, D.C. Law 13-136, § 201(d), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(o), 
48 DCR 2043; Oct. 26, 2001, D.C. Law 14-42, § 13, 48 DCR 7612; Apr. 12, 2005, D.C. Law 15-341, § 2(i), 
52 DCR 2315; Apr. 13, 2005, D.C. Law 15-354, § 95, 52 DCR 2638; July 18^2008, D.C. Law 17-199, § 2, 
55 DCR 6285; May 27, 2010, D.C. Law 18-162, § 2(b), 57 DCR 3029; Sept. 24, 2010, D.C. Law 18-230, 
§ 301(a), 57 DCR 6951; Mar. 12, 2011, D.C. Law 18-312, § 2(b), 57 DCR 12398; July 13, 2012, D.C. Law 
19-162, § 2, 59 DCR 5713.) 

Historical and Statutory Notes 

Effect of Amendments referred to the Committee on Human Services. 

D.C. Law 19-162 added subsecs. (a)(18) and (19). The Bil1 was adopted on first and second readings 

_ . , „ „. . _ on April 17, 2012, and May 1, 2012, respectively. 

Legislative History of Laws Signed by the Mayor on May 16 _ m2> lt wag 

Law 19-162, the "Foster Care Youth Employ- assigned Act No. 19-372 and transmitted to both 
ment Amendment Act of 2012", was introduced in Houses of Congress for its review. D.C. Law 
Council and assigned Bill No. 19-691, which was 19-162 became effective on July 13, 2012. 

139 



§4-1303.03e d.c. official code > 

§ 4-1303.03e. Behavioral health screening and assessment requirements. 

(a) All children in the custody of the Agency shall, to the extent that it -is not inconsistent 
with a court order, receive a behavioral health screening and, if necessary, a behavioral health 
assessment within 30 days of initial contact with the Agency, or a placement < disruption. 
Through rulemaking, the Mayor may reduce the number of days within which a 'behavioral 
health screening and behavioral health assessment are required; . -> - ,- i.u , .:;■;■)! hi a; 

(b) The Agency shall connect ail children who are assessed as 1 being iB'needi of (behavioral 
health care to an appropriate behavioral health service; ■ ■'■■',{■.'' "<'"■? ^'"''J 

(c) The Agency shall provide the behavioral health resource guide, for .parents' aha legal 
guardians and the behavioral health resource guide for youth created, pursuant tb § "t^t 131.18 
to families of children in Agency custody. : ; ; '■' ' :\l . 
(Sept. 23, 1997, D.C. Law 2-22, § 303e, as added June 7, 2012, D.C. Law 19-141, § 5050o), 59* DCR 
3083.) ... 

Historical and Statutory Notes 

Emergency Act Amendments Legislative History oif Laws ! 

For temporary (90 day) amendment of section For history of Law 19-141, see ' notes under 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year §4-1301.02. , . . ,: . ■ ,'<b 

2013 Budget Support Emergency Act of 2012 (D.C. Miscellaneous Notes ' — 

Act 19-383, June 19, 2012, 59 DCR 7764). TTT^Tt iohi'" ■■* 

„ ' , N , , . • - Section 601 of D.C. Law 19-141 provides: ; 
For temporary (90 day) amendment of section 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year bec - 601 - Applicability. 

2013 Budget Support Congressional Review Emer- "This act shall apply upon the, inclusion of its 

gency Act of 2012 (D.C. Act 19-413, July 25, 2012, fiscal effect in an approved budget and financial 

59 DCR 9290). plan." 

Subchapter II. Reports op Neglected Children. 

§4-1321.02. Persons required to make reports; procedure. 

(a) Notwithstanding § 14-307, any person specified in subsection (b) of this section Who 
knows or has reasonable cause to suspect that a. child known to him or her in his or her 
professional or official capacity has been or is in immediate danger of being a' mentally "or 
physically abused or neglected child, as defined hi § 16-2301(9), shall immediately reporter 
have a report made of such knowledge or suspicion to either the MetrdpoKtannPolicei 
Department of the District of Columbia or the. Child .and; Family Services Agency; "r .(Of; 'A' Ml 

(a-1) [Not funded] .... v ' 

(a-2) [Not funded] t ,7,iivi>.M; 

(b) Persons required to report such abuse or neglect shall include Child and Family 
Services Agency employees, agents, and contractors, and every physician, psychologist,'} 
medical examiner, dentist, chiropractor, registered nurse, licensed practical nurse, person 
involved in the care and treatment of patients, law-enforcement officer, humane officer of any' 
agency charged with the enforcement of animal cruelty laws, school official, teacher, athletic 
coach, . Department of Parks and Recreation employee, public housing resident manager,, 
social service worker, day care worker, human trafficking counselor as defined in § 14—311(2), 
domestic violence counselor as defined in § 14-310(a)(2), and mental health professional ^aS 
defined in § 7-1201.01(11). Such persons are not required to report when employed' by a 
lawyer who is providing representation in a criminal, civil, including family law, or delinquen- 
cy matter and the basis for the suspicion arises solely in the course of that representation. 
Whenever a person is required to report in his or her capacity as a member of the staff of a 
hospital, school, social agency or similar institution, he or she shall immediately notify the 
person in charge of the institution or his or her designated agent who shall then be're'quif ed 
to make the report. The fact that such a notification has been made does not relieve the; 
person who was originally required to report from his or her duty under subsection (a) of this 
section of having a report made promptly to the Metropolitan Police Department of the 
District of Columbia or the Child and Family Services Agency. ;,i ,;k;j 

140 



GOVERNMENT OF DISTRICT § 4-1321.02 

(c) In addition to those persons who are required to make a report, any other person may 
make a report to the Metropolitan Police Department of the District of Columbia or the Child 
and Family Services Agency. 

(d) In addition to the requirements in subsections (a) and (b) of this section, any health 
professional licensed pursuant to Chapter 12 of Title 3, or a law enforcement officer, humane 
officer of any agency charged with the enforcement of animal cruelty laws, except an 
undercover officer whose identity or investigation might be jeopardized, shall report immedi- 
ately, in writing, to the Child and Family Services Agency, that the law enforcement officer or 
health professional has reasonable cause to believe that a child is abused as a result of 
inadequate care, control, or subsistence in the home environment due to exposure to drug- 
related activity. The report shall be in accordance with the provisions of § 4-1321.03. 

(e) Notwithstanding § 14-307, any person specified in subsection (b) of this section who 
knows or has reasonable cause to suspect that a child known to him or her in his or her 
professional or official capacity has been, or is in immediate danger of being, the victim of 
"sexual abuse" or "attempted sexual abuse" prohibited by Chapter 30 of Title 22; or that the 
child was assisted, supported, caused, encouraged, commanded, enabled, induced, facilitated, 
or permitted to become a prostitute, as that term is defined in § 22-2701.01(3); or that the 
child has an injury caused by a bullet; or that the child has an injury caused by a knife or 
other sharp object which has been caused by other than accidental means, shall immediately 
report or have a report made of such knowledge, information, or suspicion to the Metropolitan 
Police Department or the Child and Family Services Agency. 

(f) A health professional licensed pursuant to Chapter 12 of Title 3, who in his or her own 
professional or official capacity knows that a child under 12 months of age is diagnosed as 
having a Fetal Alcohol Spectrum Disorder, shall immediately report or have a report made to 
the Child and Family Services Agency. 

(Nov. 6, 1966, 80 Stat. 1354, Pub. L. 89-775, § 2; Sept. 23, 1977, D.C. Law 2-22, title I, § 103(c), 24 DCR 
3341; Mar. 15, 1990, D.C. Law 8-87, § 2(a), 37 DCR 50; Mar. 2, 2007, D.C. Law 16-204, § 2, 53 DCR 
9059; Apr. 24, 2007, D.C. Law 16-306, § 203(a), 53 DCR 8610; July 18, 2008, D.C. Law 17-198, § 3, 55 
DCR 6283; Dec. 5, 2008, D.C. Law 17-281, § 102, 55 DCR 9186; Mar. 25, 2009, D.C. Law 17-353, 
§§ 173(a), 193, 240(b), 56 DCR 1117; Oct. 23, 2010, D.C. Law 18-239, § 202, 57 DCR 5405; Oct. 26, 2010, 
D.C. Law 18-242, § 2, 57 DCR 7555; July 13, 2012, D.C. Law 19-164, § 3, 59 DCR 6185.) 

Historical and Statutory Notes 

Effect of Amendments Legislative History of Laws 

D.C. Law 19-164 added subsec. (f). F° r history of Law 19-164 see notes under 

§ 4-1301.09a. 

TITLE 5 

POLICE, FIREFIGHTERS, MEDICAL EXAMINER, 
AND FORENSIC SCIENCES. 

Chapter Section 

3A. First Amendment Rights and Police Standards 5-335.01 

4. Fire and Emergency Medical Services Department 5-402 

5. Salaries 5-543.02 

7. Police and Firefighters Retirement and Disability 5-701 

1 3. Miscellaneous Provisions 5-1 304 

14. Chief Medical Examiner 5-1418 

15. Department of Forensic Sciences 5-1501 .07 



141 



§4-1321.02 



D;C. OFFICIALieODE 



Chapter 3A 
First Amendment Rights and Police Standards. 



Subchapter III. Post-and- 
Forfeiture Procedure. 

Section 

5-335.01. Enforcement of the, post-and-forfeit 
procedure. 



...... 



. •; ; 



Subchapter III. Post-and-Forfeiture Procedure. 
§ 5-335.01. Enforcement of the post-and-forfeit procedure. 

Notes oftDecisioris 



Due process 2 
Right to counsel 
Standing 1 
Validity I 



I. Validity 

District of Columbia statute permitting arrestee 
to pay and forfeit fee for arrestee's immediate 
release from jail without prosecution was not arbi- 
trary, and therefore, did not violate his Fifth 
Amendment substantive due process rights on its 
face; city had interest in preventing overcrowding 
in jails and conserving prosecutive resources, as 
well as clearing court dockets, and fee was a 
bargained for exchange. Fox v. District of Colum- 
bia, 2012, 851 F.Supp.2d 20. Constitutional Law 
©=• 4738; Sentencing and Punishment ®=> 2056 

Arrestee's allegations that District of Columbia 
law permitting him to post and forfeit collateral in 
return for his release from jail without prosecution, 
permitted police to deprive arrestees of their mon- 
ey without any legitimate reason were insufficient 
to^plead deprivation of a fundamental interest,ias 
required for his § 1983 claim alleging law violated 
his Fifth Amendment substantive due process on 
its face. Fox v. District of Columbia, 2012, 851 
F.Supp.2d 20. Constitutional Law @=> 4738; Sen- 1 
tending and Punishment ®=> 2056 

1. Standing 

Arrestee had standing to bring § 1983 claims 
against District of Columbia, challenging under the 
Fourth, Fifth, Sixth, and Eighth Amendments, 
District law permitting him to post and forfeit 
collateral in return for his release from jail without 
prosecution; arrestee sought injunctive relief and 
relief on behalf of a class of persons who were 
subject in the past and who will be subject to. law 
in the future. Fox v. District of Columbia, 2012, 
851 F.Supp.2d 20. Constitutional Law ®= 890; 
Sentencing and Punishment <®=» 2045 

2. Due process 

District of Columbia statute permitting arrestee 
to pay and forfeit fee for arrestee's immediate 
release from jail without prosecution did not vio- 



late arrestee's Fifth Amendment procedural or 
substantive due process rights as applied, where 
arrestee was given the choice to pay fee or remain 
in jail until presented to court and he could contest 
charges against him, including asserting, lack of 
probable cause, for up to 90 days after, .availing 
himself of the fee. Fox v. District of Columbia, 
2012, 851 F.Supp.2d 20. Constitutional; Law^-p 
4738; Sentencing and Punishment ®= 2056' '., ' 

District of Columbia statute permitting arrestee 
to pay and forfeit fee for arrestee's immediate 
release from jail without prosecution did hot war- 
rant any additional procedure, and therefore^ stat- 
ute's procedure did not violate arrestee's SiftH 
Amendment procedural due process rights on,its. 
face, where arrestee was not required to pay, if he 
did pay, he had 90 days to re-think decision by; 
moving to set aside forfeiture, and government had 
legitimate interests in preventing overcrowdingw 
its jails and not expending its limited resources on 
prosecuting petty offenses. Fox v. District of Co- 
lumbia, 2012, 851 F.Supp.2d 20. Constitutional 
Law ®= 4738; Sentencing and Punishment" ''>s=> 
2056 

' District of Columbia statute permitting arrestee 
to pay and forfeit fee for arrestee's immediate 
release from jail without prosecution did not vio- 
late any fundamental principle of justice, as would 
violate Fifth Amendment procedural due process 
on its face, where arrestees :/were offered the 
choice to pay the fee and be' released or stay in 
jail, arrestees had 90 days to re-think decision to 
pay, and payment did not result in record of 
conviction. Fox v. District of Columbia, 2012, 851 
F.Supp.2d 20. Constitutional Law ®= 4838; Sen- 
tencing and Punishment ®= 2056 ; , 

3. Right to counsel ! 

District of Columbia, statute permitting arrestee 
to pay and forfeit fee for arrestee's immediate 
release from jail without prosecution did not vio : 
late his Sixth Amendment right to counsel in crimi L 
nal prosecutions, where paying fee did not result in 
a criminal record, statute stated payment was not 
admission of guilt, and arrestee was permitted to 
consult with counsel later and move to set aside 



142 



GOVERNMENT OF DISTRICT § 5-543.02 

Note 1 

forfeiture. Fox v. District of Columbia, 2012, 851 
F.Supp.2d 20. Criminal Law «=» 1728; Sentencing 
and Punishment ®= 2056 ■ 

Chapter 4 
Fire and Emergency Medical Services Department. 

Subchapter I. General. Section 

Deputy Fire Chiefs; original appoints 

Section ment and transfer of privates; vacan- 

5-402. Appointments and promotions covered by 
civil service; selection of Fire Chief and 



cies. 



Subchapter I. General. 

§ 5-402. Appointments and promotions covered by civil service; selection of 
Fire Chief and Deputy Fire Chiefs; original appointment and 
transfer of privates; vacancies. 

Notes of Decisions 

2. Final policy F.Supp.2d 139. Civil Rights <s= 1351(5); Civil 

African-American members and officers of Dis- Rights <s= 1352(5) 

trict of Columbia Fire and Emergency Medical chief of District of Columbia Fire and Brne rgen- 

Services (DCFBMS) who were seeking to hold Medical gervices Department (FEMS) was not 

District liable under § 1981 and § 1983 for denial of J ~ , ,. , r , \ -n-n-Mrc 

their reinstatement to Arson Investigation Unit f fl ? al s P °^ maker ' as / e <^f. f ° r ™* ca P" 

after they were cleared of charges afainst them ta , ln ^ § ^ 8 ? ° la ™ again ,^ Dlstr " S. 01 ™ 1 "!' 

failed to demonstrate that District policy or custom "^P 1 * that FBMS s policies violated the First, 

caused their injuries; neither their immediate su- Fourth, and Fifth Amendments; District of Colum- 

pervisor nor Deputy Fire Chief had final policy- bia code g ave no specific grant of authority to the 

making authority under D.C. law, and they failed chief to set final policy, and the mayor and city 

to provide evidence that District was deliberately council expressly reserved supervisory powers to 

indifferent to violations of their constitutional themselves. Coleman v. District of Columbia, 

rights. Hamilton v. District of Columbia, 2012, 852 2011, 828 F.Supp.2d 87. Civil Rights ®= 1351(5) 

Chapter 5 
Salaries. 

Subchapter III. Salary Classifications. Section 

Part C. Method of Appointment, 5-543.02. Technicians' positions. 

Advancement, Promotion 
and Demotion. 



Subchapter III. Salary Classifications. 
Part C. Method of Appointment, Advancement, Promotion and Demotion. 
§ 5-543.02. Technicians' positions. 

Notes of Decisions 

Overtime pay 3 statute requiring payment of detective sergeant 

compensation arose from the same cause of action 

in previous arbitration proceeding in which- officers 

1. Res judicata contested department's nonpayment of detective 

Police officers' claim against police department sergeant compensation, as required for application 

for alleged violation of the District of Columbia of doctrine of res judicata or claim preclusion to 

143 



§ 5-543.02 

Note 1 

bar the claim, as claim before the arbitrator and 
claim set forth in officers' complaint were identical. 
Figueroa v. District of Columbia Metropolitan Po- 
lice Dept., 2009, 658 F.Supp.2d 148, affirmed in 
part, reversed in part 633 F.3d 1129, 394 ILSApp. 
D.C. 232, on remand 2012 WL 2367088. Labor 
And Employment ®=» 1599 

Parties to arbitration proceeding in which police 
officers contested police department's nonpayment 
of detective sergeant compensation were tie same 
or in privity with parties in lawsuit alleging that 
department violated District of Columbia statute 
mandating payment of detective sergeant compen- 
sation, as required for application of doctrine of res 
judicata or claim preclusion to bar claim asserted 
in suit, even though some police officers who were 
plaintiffs in the suit were not grievants in arbitra-, 
tion; officers absent from arbitration were depart- 
ment employees and union members, and they 
were therefore in privity with, union and its mem- 
bers who were parties in arbitration. Figueroa v. _ 
District of Columbia Metropolitan Police Dept., 
2009, 658 F.Supp.2d 148, affirmed in part, reversed 
in part 633 F.3d 1129, 394 U.SApp.D.C.: 232; on; 
remand 2012 WL 2367088. Labor And Employ- 
ment ®=> 1598 .' ''■'■ ' 

2, Accrual of cause of action 

Police officers did not forfeit FLSA claims aris- 
ing within three-year statute of limitations from 
District of Columbia police department's failure to 
calculate their overtime based on enhanced pay 
owed to detective sergeants under the District of 
■Columbia Code, even though their claims outside 
the limitations period were time-barred, since offi- 
cers sought unpaid overtime for their entire .tenure 
as detective sergeants, and thus their claims neces- 
sarily included a request for unpaid overtime dur- 
ing the three years before their suit was filed. 



DC. OFFICIAL CODE 

Figueroa v. District of Columbia Metropolitahi'Pd'r 
lice Dept, C.A.D.C.2011, 633 F.3d 1129,-394 
U.S.App.D.C. 232, on remand 2012 WL 2367088: 
Labor and Employment <&=> 2369 



Police officers' cause of action against police 
department for alleged violations of FLSA's mini- 
mum wage and overtime provisions based on de- 
partment's failure to provide detective sergeant 
compensation as required by District of Columbia 
statute accrued when department failed to com- 
pensate officers at time they allegedly fulfilled the 
responsibilities of detective sergeants, rather than 
at time of department's nonpayment of arbitration 
award in favor of officers on issue of nonpayment 
of compensation, since there was nothing to pre- 
vent officers from prosecuting claims in federal 
court based- on alleged violations of the FLSA 
rather than following union grievance procedures. 
Figueroa v. District of Columbia Metropolitan Po- 
lice Dept., 2009, 658 F.Supp.2dl48, affirmed in 
part, reversed in part ; 633 F.3d 1129, 394 U.S.App. 
D.C. 232, on remand 2012 WL' 2367088. Limita- 
tion Of Actions ®=> 58(1) 

3. Overtime pay 

The $595 annual stipend under District of Co- 
lumbia statute for detective sergeants was part of 
plaintiffs' regular pay rate and had to be included 
in FLSA overtime calculation; District contended 
that stipend was not part of their basic compensa- 
tion but rather was additional payment that should 
not be so included, but FLSA mandated that regu-^ 
lar rate include all remuneration for employment 
paid to, or on behalf of, employee unless it fell 
under one of eight expressly provided exclusions 
and District did not reference the exemptions, let 
alone argue that one of them applied to situation. 
Figueroa v. District of Columbia, 2012, 2012 WL 
2367088. Labor and Employment @=> 2307 



Chapter 7 
Police and Firefighters Retirement and Disability. 



Subchapter I. Retirement and Disability, 1916. 



Section 

5-701. Definitions. 
5-709. Retirement for disability- 
performance of duty. 



-Not incurred in 



Section 

5-710. Retirement for disability — Incurred or ag- 
gravated in performance of duty. 

5-723. Accruemeht' and payment of annuities; 
persons who may accept payment; 
waiver; reduction. 



Subchapter I. Retirement and Disability; 1 19161" 



§ 5-701. Definitions. 



Notes of Decisions 



5/ Review 

1 : Review of the construction by Police and Fire- 
fighters' Retirement and Relief Board (PFRRB) of 
the Police and Firefighters' Retirement and Dis- 
ability Act (PFRDA) is de novo, for the Court of 
Appeals is the final authority on issues of statutory 



construction and the ultimate interpreter Of the 
statutory provisions from which the PFRRB, as a 
creature of the legislature, derives its powers. 
O'Rourke v. District of Columbia Police and Fire- 
fighters' Retirement and Relief Bd., 2012, 46 A.3d 
378. District of Columbia <©=> 7 ':■. . ■ , ;, 



144 



GOVERNMENT OF DISTRICT 

§ 5-709. Retirement for disability — Not incurred in performance of duty. 



§ 5-723 

Note 2 



Notes of Decisions 



Termination of employment 2 



2. Termination of employment 

Membership in the metropolitan police force at 
the time a recommendation or application for dis- 
ability retirement reaches the Police and Firefight- 
ers' Retirement and Relief Board (PFRRB) is 



sufficient to satisfy the membership requirements 
of the disability annuity provisions of the Police 
and Firefighters' Retirement and Disability Act 
(PFRDA), regardless of whether the member is 
terminated before the PFRRB comes to its deci- 
sion. O'Rourke v. District of Columbia Police and 
Firefighters' Retirement and Relief Bd., 2012, 46 
A.3d 378. District of Columbia ®=> 7 



§ 5-710. Retirement for disability — Incurred or aggravated in performance of 
duty. 



Notes of Decisions 



Denial of disability 3.5 
Termination of employment 



3.7 



3.5. Denial of disability 

Basis of officer's termination from metropolitan 
police force, i.e., that he had falsely denied when 
applying for employment having been examined 
for any disease or physical impairment, when in 
fact he had been tested for a heart condition, 
would not render him ineligible for disability re- 
tirement for which he was recommended prior to 
his termination, absent any indication that the 
purportedly disabling injuries he sustained in chas- 
ing a carjacker were related in any way to the 
condition of his heart, or to anything else he 
allegedly hid from police department when he was 



hired. O'Rourke v. District of Columbia Police 
and Firefighters' Retirement and Relief Bd., 2012, 
46A3d378. District of Columbia ®=> .7 

3.7. Termination of employment 

Membership in the metropolitan police force at 
the time a recommendation or application for dis- 
ability retirement reaches the Police and Firefight- 
ers' Retirement and Relief Board (PFRRB) is 
sufficient to satisfy the membership requirements 
of the disability annuity provisions of the Police 
and Firefighters' Retirement and Disability Act 
(PFRDA), regardless of whether the member is 
terminated before the PFRRB comes to its deci- 
sion. O'Rourke v. District of Columbia Police and 
Firefighters' Retirement and Relief Bd., 2012, 46 
A3d 378. District of Columbia ®=» 7 



§ 5-723. Accruement and payment of annuities; persons who may accept 
payment; waiver; reduction. 



Notes of Decisions 



Equal protection \ 
Remand 2 
Salary basis 1 



% Equal protection 

Retired police officers who were first employed 
by District of Columbia before 1987 and were 
rehired by District after 2004 were not deprived of 
equal protection when their paychecks were re- 
duced by offset for pension payments, absent 
showing that District police officers given raise to 
compensate for income reduction resulting from 
offset were similarly situated or that District's 
action was irrational; those officers were employed 
by a different agency within District government, 
the Metropolitan Police Department (MPD), 
whereas plaintiffs worked for Department of Pro- 
tective Services, a division of Department of Gen- 
eral Services (DGS), and MPD officers were not 
similar to plaintiffs in terms of responsibilities, 
background, or experience, and decision to apply 
offset was rationally related to legitimate govern- 



ment interests. Cannon v. District of Columbia, 
2012, 2012 WL 2673097. Constitutional Law ®=> 
3596; District of Columbia <S=> 7 

1. Salary basis 

Relevant "salary basis" for determining whether 
retired police officers first employed by District of 
Columbia before 1987 and rehired by District after 
2004 were exempt executive or administrative em- 
ployees under FLSA was amount of District pay- 
checks they would receive before offset for pension 
payments was applied, not amount they received 
after their paychecks had been reduced to account 
for those payments. Cannon v. District of Colum- 
bia, 2012, 2012 WL 2673097. Labor and Employ- 
ment •&=> 2257; Labor and Employment «=> 2292(2) 

2. Remand 

Remand to District of Columbia Superior Court 
of remaining nonfederal claims in removed action 
where all federal claims were dismissed was appro- 
priate, as those claims raised novel and complex 
issues of District law. Cannon v. District of Co- 
lumbia, 2012, 2012 WL 2673097. Federal Courts 
@=> 18; Removal of Cases <s=> 102 



145 



§ 5-723 D.C. OFFICIAL CODE) 

Note 2 

'-'•'"■' ■ . Chapter 13 " - • ■ ' ■■'■■ ■■'■■ : -.' '* & 

Miscellaneous Provisions. 



Subchapter L General Provisions. 



:.ti!'i '«! ;w:.v;'i's;;iim'l'>i 



Section _ ■ iss 1 ;;^ m vm*; H«) norr 

5-1304. Basic workweek established; overtime; , t ,([ m «,jyj 



cd 



£• 



special assignments; court duty. , 



-■,-:,-y, "-U ■:"-):••)'( .'.^siii'i'ut;)'; 7,'fiIMj; 
i'-:;nfli v/l'i./I I -,!;;; ii.">j;i'f(ii')}I '.;[': 



Subchapter I. General Provisions. 

v ■' ■ ' ■'.•:■•"-■ . ' : . ' . '■ v ' ■■ ■-■)'— (hvr'ih •■:;" ' r<x>-:"'*'KS'') «0 3 T— R ft 

§ 5-1304. Basic workweek established; overtime; special assignments; court 
duty. 

Notes of Decisions 

Stipends 1 ' tion but rather was- additional payment that should 

■■' - ■■■■■■ : ' - ' : " not be so included, but PLSA mandated that regu- 
lar rate include all remuneration for employment 

1. Stipends paid to, or on behalf of, employee unless it fell- 

The $595 annual stipend under District of Co- under one of eight expressly provided exclusions 

lumbia statute for detective sergeants was part of and District did not reference the exemptions, let; 

plaintiffs' regular pay rate and had to be included alone argue that one of them applied to situation.; 

in FLSA overtime calculation; District contended Pigueroa v. District of Columbia, 2012, 2012 WL 

that stipend was not part of their basic compensa- 2367088. Labor and Employment <£= 2307 <«' >>■ ■'( 

.•" .')i>ri>.7 

Chapter 14 
Chief Medical Examiner. 

Section • ■ ' '•'' •■' 

5-1418. Office of the Chief Medical Examiner 

\ , Management Fund. [Repeale,dJijj f j ];:l <; '\fj t,;v >':'■■-' lie N.-j-u hj'irr'':iv.'':--f ..-KY--?; '}. 



V,v )?lR-fS J.S'.'WJiTi'ViY 



§ 5-1418. Office of the Chief Medical;, Examiner Management Fund. [Re- 

r " ■ " l (!'-)ilt :! IHli'rj'i^i'.'q lijupJl 

Historical and Statutory Notes i i ;,;i v;h;1bH 

Emergency Act Amendments ' Alcohol Testing Program Emergency Amendment 

: For temporary (90 day) addition of section/see Act of 2012 (D.C. Act 19-429, July 30, 2012, 59, 
§ 202 of Comprehensive Impaired Driving and DCR 9387). '' ' ' , / 

; ■ ' 'v.! 

Chapter 15 ■.';''';;',"'' 

Department of Forensic Sciences, ; 

Section Section " ■■'"' 

5-1501.07. Testing of breath alcohol equipment. 5-1501.08'. Transfer of personnel, records, ■fuhc- 

• '' tibns, and authority. ' ■' 



146 



GOVERNMENT OF DISTRICT § 6-321.01 

§ 5-1501.07. Testing of breath alcohol equipment. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) amendment of section, Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
see § 201 of Comprehensive Impaired Driving and DCR 9387). 

§ 5-1501.08. Transfer of personnel, records, functions, and authority. 

Historical and Statutoiy Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) amendment of section, Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
see § 303 of Comprehensive Impaired Driving and DCR 9387). 

TITLE 6 

HOUSING AND BUILDING RESTRICTIONS AND REGULATIONS. 

Chapter Section 

3. Housing Redevelopment 6-321 .01 

14. Construction Codes 6-1403 

14A. Green Building Requirements 6-1451.01 

Chapter 3 
Housing Redevelopment. 

Subchapter III. Transfer to Agency Section 

of Certain Property Near 6-321.03. Transfer of jurisdiction to Agency. 

Maine Avenue. 6-321.04. Lease of property by Agency; other 

transfers limited; priority of owner 

Section of displaced business concern. 

6-321.01. Authorized. 6-321.05. Reversion provisions.. [Repealed] 

6-321.02. Determination of necessity. 6-321.08. Definitions. 



Subchapter III. Transfer to Agency of Certain Property Near Maine Avenue. 

§ 6-321.01. Authorized. 

Subject to the provisions of §§ 6-301.20, 6-311.01, and this subchapter, the Council of the 
District of Columbia is authorized on behalf of the United States to transfer by one or more 
quitclaim deeds to the District of Columbia Redevelopment Land Agency established by 
§ 6-301.03, all right, title, and interest of the United States in and to part or all of certain 
property in the said District, as follows: The property located within the bounds of the site 
the legal description of which is the Southwest Waterfront Project Site (dated October 8, 
2009) under Exhibit A of the document titled 'Intent to Clarify the Legal Description in 
Furtherance of Land Disposition Agreement', as filed with the Recorder of Deeds oh October 
27, 2009 as Instrument Number 0000016776. 
(Sept. 8, 1960, 74 Stat. 871, Pub. L. 86-736, § 1; July 9, 2012, 126 Stat. 990, Pub. L. 112-143, § 1(a), (b).) 

Historical and Statutory Notes 

Effect of Amendments United States to transfer to the District of Colum- 

Pub. L 112-143 rewrote the section, which had bia Redevelopment Land Agency established by 

read as follows: § 6-301.03, all right, title, and interest of the Unit- 

"Subject to the provisions of §§ 6-301.20, ed States in and to part or all of certain property 

6-311.01, and this subchapter, the Council of the in the said District, as follows: The area bounded 

District of Columbia is authorized on behalf of the by the east line of 14th Street Southwest, the 

147 



§ 6-321.01 D.C. OFFICIAL CODE) 

existing southerly (or westerly) building line of fnent made by this Act authorizes the removal-) 
Maine Avenue Southwest, the northerly line of destruction, or obstruction of the Maine Lobster- 
Fort Lesley J. McNair at P Street Southwest, and man Memorial which is located near Maine Avenue 
the bulkhead line established pursuant to the Riv- in the District of Columbia as of the date of 
ers and Harbors Act of 1899 (30 Stat. 1151), as enactment of this Act. ' : ••>>: '" ■ ■"' V 7'>s:i'>;v;*u;!M 
amended, together with any land area extending "(b) MOVEMENT OF MEMORIAL!''-^' The 
channelward from said bulkhead line." Maine Lobsterman Memorial feferrdd td'in Mb* 
Miscellaneous Notes section (a) may be moved from its location as of 
Section 3 of D.C. Law Pub. L. 112-143 provides: v.% date gof.the,; enactment ofjthis Acfrtoygf other, 
,c Pr o matwp T OR^tprmakf mpmort location on &e Southwest waterfront near Maine 
oiLL. 3. MAINE LOBbTERMAN MEMORL Avenue , in. the .District of Columbia if at that 

■ location' 'there would be a clear, unimpeded pedes- 

"(a) IN GENERAL. —---Except as provided in trian pathway and line:of sight frorin the Memorial 
subsection (b), nothing in this Act or any amend- to the water>f" :■:■:'■,:<■ u, :n ; ■ ■■, ;-n -uvl 

§ 6-321.02. Determination of necessity. 

The Council of the District of Columbia shall, prior to transferring to the Agency right, 
title, and interest in and to any of the said property described in § 6-321.01, determine 
whether such property is necessary to the redevelopment of the southwest section of the 
District of Columbia in accordance with a master plan approved by it, and, if it so finds, it 
shall, acting on behalf of the United States, transfer and donate to the Agency all right, title,' 
and interest of the United States in and to so much of said property as it determines is 
necessary to carry out such master plan. '■"'".. 

(Sept. 8, 1960, 74 Stat. 871, Pub. L. 86-736, § 2; July 9, 2012, 126 Stat. 990, Pub. L. 1 12-143, § 1(c).) 

Historical and Statutory Notes 

Effect of Amendments 

Pub. L. 122-143 substituted "a master plan" for 
"an urban renewal plan"; and substituted "such 
master plan" for "such urban renewal plan"; ■<■!.<■■ ■:•'-■ s;- 

§ 6-321.03. Transfer of jurisdiction to Agency. 

The Council of the District of Columbia shall, at the time of transferring to the Agency 
right, title, and interest in and to any of the property described in § 6-321.01, also /transfer to 
the Agency the Mayor's jurisdiction as provided by § 10-501.01 over so much of the said 
property as may be so transferred. 
(Sept. 8, 1960, 74 Stat. 871, Pub. L. 86-736,, §, 3; : >J,uly 9, 2012, 126 Stat. 990, Pub. L. 112-143, § 1(e)(2).) 

Historical and Statutory Notes 

Effect of Amendments 

Pub. L. 112-143 substituted "The" for "Subject . 
to the provisions of § 6-321.05, the": 

§ 6-321.04. Lease of property by Agency; other transfers limited; priority of 
owner of displaced business concern. 

The Agency is hereby authorized, in accordance with the District of Columbia Redevelop- 
ment Act of 1945 and § 6-321.01, to lease or sell to a redevelopment company or other lessee 1 
or purchaser such real property as may be transferred to the Agency under the authority of* 
this subchapter. > ■■-:•■!) 

(Sept. 8, 1960, 74 Stat. 871, Pub. L. 86-736, § 4; Dec. 6, 1967, 81 Stat. 542, Pub. L. 90-176, § 1; July 9, 
2012, 126 Stat. 990, Pub. L. 112-143, § 1(d).) 

Historical and Statutory Notes 

Effect of Amendments "(a) The Agency is. hereby authorized,- in accor- 

Pub. L.112-145 rewrote the section^ which had dance with subchapter I of Chapter 1 of this title,) 

read as follows: to lease to a redevelopment company or other" 

148 



GOVERNMENT OF DISTRICT 



§ 6-321.04 



lessee such real property as may be transferred to 
the Agency under the authority of this subchapter 
but may not otherwise dispose of such property 
except to the United States or any department or 
agency thereof, or to the District of Columbia, in 
accordance with § 6-321.05. In the event that real 
property acquired by the Agency from the United 
States pursuant to this subchapter is transferred 
to the District of Columbia or to any department 
or agency of the United States pursuant to this 
section, such transfer shall be without reimburse- 
ment or transfer of funds. 

"(b) In connection with the leasing of the real 
property transferred to the Agency under the au- 
thority of this subchapter, together with the leas- 
ing of any real property lying between such real 
property so transferred and the southerly or west- 
erly line of Maine Avenue as the same may be 
relocated in connection with carrying out an urban 
renewal plan, the Agency is authorized and direct- 
ed to provide to the owner or owners of any 
business concern displaced from the area described 
in § 6-321.01, a priority of opportunity to lease, 
either individually or as a redevelopment company 
solely owned by the owner or owners of 1 or more 
such business concerns, so much of such real prop- 
erty lying channelward of the southerly or wester- 
ly line of Maine Avenue as so relocated, at a rental 
based on the use-value of the real property so 
leased determined in accordance with the provi- 
sions of § 6-301.09, and § 1460(c)(4) of Title 42, 
United States Code, as may be required for the 
construction of commercial facilities at least sub- 
stantially equal to the facilities from which such 
business concern was so displaced. The priority of 
opportunity created by this section is a personal 
right of the owners of businesses displaced. In the 
event of the death of any such owner of any such 
displaced business, the spouse of such owner, or, if 
there is no spouse, the children of such owner shall 
be entitled to exercise the priority of such owner in 
accordance with the provisions of this, section, but 
in no event shall any such priority be otherwise 
transferable; provided, however, that the spouse 
or the children, as the case may be, shall have no 
greater priority than the priority holder would 
have had if living. For the purposes of exercising 
such priority, the spouse or children, as the case 
may be, shall be deemed to be owner of such 
business concern so displaced. When the real 
property affected by the provisions of this subsec- 
tion becomes available for leasing by the Agency, 
the Agency shall notify, in writing, the owners of 
the business concerns displaced, as to the availabil- 
ity of such real property for leasing to such owners 
in accordance with the provisions of this subsec- 
tion. The Agency shall give such owners so noti- 
fied a period of 180 days to notify the Agency, in 
writing, of their intention to proceed in accordance 
with the general development plan of the Agency 
for the area lying channelward of Maine Avenue, 
as so relocated, and to demonstrate to the Agency 
their ability to carry out so much of such plan as 
may be embraced within the area which they de- 
sire to lease. If at the end of such period of 180 
days, such owners have failed to make a demon- 



stration to' that effect which is satisfactory to the 
Agency, the priority of opportunity provided by 
this subsection shall no longer continue to be avail- 
able to such owners, except that if after the end of 
such 180-day period the Agency shall change the 
terms under which real property is to be leased, or 
the redevelopment plan for the area described in 
§ 6-321.01 is changed so as to affect the economic 
value of the leasehold, the Agency shall in writing 
notify each such owner of the change or changes so 
made and give to such owner so notified a period 
of 60 days within which to advise the Agency in 
writing of his intention and to demonstrate his 
ability to proceed as aforesaid. 

"(c)(1) Notwithstanding any other provision of 
law, whenever, pursuant to subsection (b) of this 
section, the Agency offers leaseholds to persons 
entitled to a priority of opportunity to lease under 
the provisions of this section, the annual rent 
prescribed in such lease shall not exceed an 
amount which is the greater of: 

"(A) An amount equal to 6% of the residual 
value of the land for the prescribed use to which 
any owner of a displaced business concern shall 
put such land under such lease; 

"(B) The annual amount which the Agency shall 
be required to pay in principal and interest on a 
40-year loan of an amount equal to the residual 
value of the land under such lease which value is 
the residual value of the land which was deter- 
mined by the Agency, in accordance with this 
subsection, and on the basis of which such land 
was initially leased under this section; or 

"(C) The sum of: (i) the amount determined 
under subparagraph (A) or (B) of this paragraph, 
whichever is greater; and (ii) 50% of the product 
of the occupancy cost factor for the class and 
character of the business of such lessee times the 
amount by which the lessee's actual annual gross 
sales income exceeds the estimated gross sales 
income (for the class and character of the displaced 
business) used by the Agency in determining the 
residual value of the land leased to such lessee. 

"(2) In the case of any land which the Agency 
leases under this section, the annual rent pre- 
scribed by the Agency in the lease of such land 
shall not, during the 43-year period beginning on 
the date such land was first leased by the Agency 
under this section, be less than the amount deter- 
mined under subparagraph (B) of paragraph (1) of 
this subsection. In the case of any land which the 
Agency leases under this section to a displaced 
business, the residual value of such land: 

"(A) May be redetermined by the Agency after 
the expiration of 25 years from the date such land 
was first leased by the Agency and at the end of 
each 10-year period thereafter; or 

"(B) Shall be redetermined by the Agency if at 
the end of the 25-year period from the date such 
land was first leased by the Agency or at the end 
of each 10-year period thereafter, the lessee re- 
quests the Agency to redetermine such residual 
value. 



149 



§ 6-321.04 i .'-, ■„ ■ i d.c. ofpigiaes^ode 

"(3) The residual value of such land shall make "(4) Each business holding a lease under' j.this 

due allowance for the cost to the owner of the subchapter shall furnish annually to the Agenc'y 

displaced business of all improvements and public (on such date as the Agency may by regulation" 

charges on such land, and shall not exceed the prescribe) a copy of the sales tax return filed by 

maximum fair use value economically feasible to such business under the District of Columbia; Sales 

permit the reestablishment of a business of the Tax Act, which copy was furnished to the business 

class and character of such displaced business. under § 47-2018(a)." 



tries 



§ 6-321.05. Reversion provisions.. [Repealed] , , | 

'(Sept. 8, 1960, 74 Stat. 872, Pub. L. 86-736, § 5; May 25, 1967, 81 Stat;<25, Pub. L. 90-19, § 17; July 9, 
2012, 126 Stat. 990, Pub. L. 112-143, § 1(e)(1).) ' ' 

§6-321.08. Definitions. ! ^ 

, As used in this subchapter, any reference to the "Agency" shall be deemed to be a : 
reference to the District of Columbia as the successor in interest to the Agency.' ;" . '.. " r 
(Sept. 8, 1960, 74 Stat. 872, Pub. L. 86-736, § 8; July 9, 2012, 126 Stat. 990, Pub. o L..112-143,.§' 1(f).)' . ,; ,.' 

Historical arid Statutory Notes 

Effect of Amendments • << • velopment company' 1 shall have the 'respective 

Pub. L. 112-143 rewrote the section, which had meanings provided for 1 'such terms by, § 6-301.02." 

read as follows: ■ , " .','..'. '."''", '.. : . '".'' .' "■" .'.''"'. '.'.. '. I' 1 ..' ' ' -' : '. . ■ '.' ii'.l.l'. 

"As used in this subchapter, the terms 'Agency,' " ," ■ ,,' ' "'-,', ][' r ' "' ,"....■'' - t ' 

'lessee,' 'real property,' 'redevelopment,' and 'rede- ■'."," :'■'.,', '.':' '".' " 



Chapter 14 



;I7i 7i' ; '.i 

■) f.'M.:;«( 
1 [')..)■.■ li'.'Jl 



10 ■•'! 
: h.r 



Construction Codes. 

Section Section : ;, 

6-1403. Scope. ' 6-1411. Establishment of the District- of/Go- 

6-1403.01. Construction Codes database. lumbia Building Rehabilitation Code 

6-1409. Amendments; supplements; editions. „ Advisory Council. ..■■;-,, 

6-1410. Building Rehabilitation Code. 6- 1412 - Construction Codes revises, , for 

green building practices. ■■:.--\^. 

• :•■ ■ . -" fi :- , - :-:■: 

§6-1403. Scope. •' ^'•» 

■■<■'■■: . .ft HI 

Historical and Statutory Notes "" '' '' 

'■'■''■■ i ■ ■-. i ■'■ 

Emergency Act Amendments . Amendment Act of 2012 (D.C. Act -J9-387, July. 11, 

For temporary (90 day) amendment of section; 2012„59 DCR 8491). .{■./:;;■: 

see : § 3(a) of the . Sign Regulation Emergency -:•, . - ; • ■■,-(: ihw-. 

'' '■; ,:'..,'.-.■ ■■■;,■ ■'.."! /.'•■•■f 

§6-1403.01. Construction Codes database! , ',-.V'. '■!!',,, ,.!,.' 

: ■ ...■■■■'".''■■ ..-■■■■ ■ i : '-!il ;ini: 

Historical and Statutory Notes A «i 

... ;' ■>!!'! 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, -2012, 

For temporary (90 day) repeal of section, see 59 DCR 8491). 
§ 3(b) of the Sign Regulation Emergency Amend- ,. .■ 

§ 6-1409. Amendments; supplements; editions. 

Historical and Statutory Notes 

Emergency Act Amendments , ' . . Amendment Act of 2012 (D.C. Act 19-387, July 11, 

For temporary (90 day) amendment of section, 2012, 59 DCR 8491). 
see § 3(c) of the Sign Regulation Emergency , .'•.■■. • ;; ; 

150 



GOVERNMENT OP DISTRICT § 6-1412 

§ 6-1410. Building Rehabilitation Code. 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) repeal of section, see 59 DCR 8491). 
§ 3(d) of the Sign Regulation Emergency Amend- 

§ 6-1411. Establishment of the District of Columbia Building Rehabilitation 
Code Advisory Council. 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) repeal of section, see 59 DCR 8491). 
§ 3(e) of the Sign Regulation Emergency Amend- 

§ 6-1412. Construction Codes revisions for green building practices. 

(a) By June 1, 2013, and at least once every 3 years thereafter, the Mayor, in consultation 
with the Green Building Advisory Council, shall submit to the Council, for approval, revisions 
to the Construction Codes that shall incorporate as many significant green building practices 
as practicable for the District of Columbia urban environment. The Mayor shall include as 
many green building provisions as practicable from the current versions of codes and 
standards published by the International Code Council. The Mayor may exclude provisions 
that are not practicable for the District of Columbia urban environment but shall provide 
evidence of cost or implementation impracticality for the excluded provisions; provided, that 
the Mayor is not required to consider codes or standards issued by the International Code 
Council within one year of the submittal date. 

(b) Every 6 months after March 8, 2007, the Mayor shall provide a written report on the 
progress of the current round of Construction Codes revisions to the chairperson of the 
committee of the Council that oversees the District agency charged with the building permit 
function. The report accompanying the final Construction Codes revisions shall include a 
listing and description of each green building practice considered and why each practice was, 
or was not included, in the respective Construction Codes revision. By June 1, 2013, and 
after at least every 3 years by June 1 of the relevant year, the Mayor shall submit to the 
Council for approval Construction 'Codes revisions that are consistent with the requirements 
of this section, and that incorporate green building practices developed since the previous 
Construction Codes revisions. 

(Mar. 21, 1987, D.C. Law 6-216, § 10c, as added Mar. 8, 2007, D.C. Law 16-234, § 13, 54 DCR 377; June 
5, 2012, D.C. Law 19-139, § 3, 59 DCR 2555.) 

Historical and Statutory Notes 

Effect of Amendments Legislative History of Laws 

D.C. Law 19-139 rewrote subsec. (a); and, in Law 19-139, the "Green Building Compliance, 

subsec (b) substituted "By June 1, 2013" for "On Technical Corrections, and Clarification Amend- 

or before By January 1 2010 and substituted ment Act of m2 „ wag introduced in Council and 

June 1 for January 1 . Prior to amendment, . , _.„ .. ' _„„ . . , • . , , ., 

subsec. (a) read as follows: assigned Bill No. 19-569, which was referred to the 

"(a) Within 180 days of March 8, 2007, the Committee °n E " v ™ nt > ^f 5 . W( f s + an ^ 

Mayor shall promulgate rules to implement this Transportation. The Bill was adopted on first and 

chapter. The proposed rules shall be submitted to second readings on February 7, 2012, and March 6, 

the Council for a 45 day period of review, exclud- 2012, respectively. Signed by the Mayor on March 

ing Saturdays, Sundays, legal holidays, and days of 28, 2012, it was assigned Act No. 19-336 and 

Council recess. If the Council does not approve or transmitted to both Houses of Congress for its 

disapprove the proposed rules, in whole or in part, review. D.C. Law 19-139 became effective on 

by resolution within this 45 day review period, the j une 5 2012. 
proposed rules shall be deemed approved." 

151 



§6-1412 



D.C. OFFICIAL CODE 





Chapter 14A 


' i ■■■ ! ■;■ —i) ? J 




Green Building Requirements. 

' ',,,.'■■'..'■. i . ' • ■■■- ■■''T 


Section 


Section 




6-1451.01. 


Definitions. 6-1451.06. 


Incentives. [Repealed] '. •' '.'• 


6-1451.02. 


Publicly-owned, leased, and financed 6-1451.07. 


Green Building Fund. 




buildings and projects. 6-1451.08. 


Green building fee. =I . „ 


6-1451.03. 


Privately-owned buildings and prb- ; 6— 1451.0&. 


Establishment of the Green Building 




jects. 


Advisory Council. ■' 


6-1451.04. 


Compliance review. 6-1451.10. 


Exemptions and extensions. 


6-1451.05. 


Financial security. ,< . 6—1451.11. 


Rules. ( 


§6-1451.01. Definitions. 


i. ,! , ' '.' >U >'. r L ('^ '^'"-y/. ■'■■«■ 



For the purposes of this chapter, the term: 

(1) "Addition" has the same meaning as ; in§ 6-4410(a)(l).-' ;:■■; :,->■; )y:, h;:;/ ■."■■'; <■' S 

(2) "Applicant" means any individual, firm, limited liability company, association, part- 
nership, government agency, public or private corporation, or other entity' that submits 
construction documents for a building permit or verification. r-,7 

(2A) "Bond" means a financial instrument posted 1 by an applicant, the proceeds of which 
shall be paid to the District in its entirety Or in part, and deposited in the Green Building 
Fund, if the project fails to meet the' standards required by §§ 6-1451.03 and 6-1451.06: 

(3) "Building" means any structure used or intended for supporting or sheltering any use' 
or occupancy. 

(4) Repealed. ' 

(5) "Building systems monitoring method" means the specifications for a methodology of 
collecting information and providing feedback about installed equipment that provide data 
for the comparison, management, and optimization of actual, as compared to estimated, 
energy performance. . ■■ , ; -, o/t.; 

(5A) "Certificate of occupancy" means the first certificate of occupancy issued : for, ,a 
usable, habitable space at grade or above grade. .i<mr,uul 

(5B) "Common space" means gross floor area within a project shared or available; for 
common use by various occupancies within a project that includes both residential. ,an$ 
nonresidential occupancies, including lobbies, corridors, stairways, amenity areas, launjiry 
rooms, boiler rooms, furnace rooms, generator rooms, elevator hoistways, mechanical; .duet 
shafts, elevator machine rooms, off-street loading facilities, and off-street parking facilities 
at or above grade. , ,j 

(6) "Construction Codes" means the standards and requirements adopted pursuant to 
Chapter 14 of this title. ; '! ;/ ' ' 

(7) "Construction documents" has the same meaning as in § 6-1405'.02(a)(l). ' ' ' ' ' ' 

(8) "Construction permit application" has the same meaning as in § 6-1410(a)(4). 

(8A) "Current edition" means the most recent and currently operative edition of a green 
building standard approved under § 6-1451.11(b). -.-■■ 'v., .■?-,,/* ".■:<> ,■ ■> 'w. 

(9) "DCRA" means the Department of Consumer and Regulatory Affairs. '-" '<' 
(9A) "DDOE" means the District Department of the Environment, ; ]. .''; 

(10) "Director" means the Director of the Department of Consumer and Regulatory 
Affairs. :■■.■■■ <hri 

(10A) "Districi>-financed" or "District instrumentality-financed" means: ' ; ■■■' ' ■'•)"_ r 

(A) Financing of a project or contract where funds or resources to be used for 

. construction and development costs, excluding ongoing operational costs, are received 

from the District, or funds or resources which, in accordance with a federal grant or 

: Otherwise, the District administers, including a contract, grant, loan, tax abatement or 

exemption, land transfer, land disposition and development agreement, or tax increment 

financing, or any combination thereof; provided, that federal funds may be applied to the 

financing percentage only if permitted by federal law and grant conditions; or 

152 



GOVERNMENT OF DISTRICT § 6-1451.01 

(B) Financing whose stated purpose is, in whole or in part, to provide for the new 
construction or substantial rehabilitation of affordable housing. 

(11) "Educational facility" means any building that has the provision of education as its 
primary use. 

(12) "ENERGY STAR Portfolio Manager" means the tool developed by EPA ENERGY 
STAR that rates the performance of a qualifying building, relative to similar buildings 
nationwide, accounting for the impacts of year-to-year weather variations, building size, 
location, and several operating characteristics, using the Environmental Protection Agen- 
cy's national energy performance rating system. 

(13) "ENERGY STAR Target Finder" means the tool developed by EPA ENERGY 
STAR that helps set performance goals and energy ratings for building projects during 
their design phase. 

(14) "Existing building" has the same meaning as in § 6-1410(a)(8). 

(14A) "First building permit" means the first permit intended to cover the primary scope 
of work for a project; provided, that this shall not include permit applications for raze, 
sheeting and shoring, foundation, or specialty, miscellaneous, or supplemental permits. 

(15) "Full-building commissioning" means the process of verification that a building's 
energy related systems are installed, calibrated, and perform according to project require- 
ments, design basis, and construction documents. The systems that require commissioning 
include mechanical and passive heating, ventilation, air conditioning, and refrigeration 
systems, and associated controls such as lighting, domestic hot water systems, and 
renewable energy systems. 

(16) "GBAC" means the Green Building Advisory Council established by § 6-1451.09. 

(17) "Green building" means an integrated, whole-building approach to the planning, 
design, construction, operation, and maintenance of buildings and their surrounding land- 
scapes that help mitigate the environmental, economic, and social impacts of buildings, so 
that they are energy efficient, sustainable, safe, cost-effective, accessible, healthy, and 
productive. 

(18) "Green building checklist" means a scorecard developed by the USGBC for the 
purpose of calculating a score on the appropriate LEED rating system. 

(19) Repealed. 

(20) "Green Building Fund" or "Fund" means the Green Building Fund established by 
§ 6-1451.07. 

(21) "Green Communities" means the national green building program designed by 
Enterprise Community Partners that provides criteria for the design, development, and 
operation of affordable housing. 

(22) "Gross floor area" has the same definition as found in section 199.1 of Title 11 of the 
District of Columbia Municipal Regulations (11 DCMR § 199.1). 

(23) "HVAC&R" means mechanical and passive heating, ventilation, air conditioning, and 
refrigeration systems. 

(24) "ICC" means the International Code Council, a nonprofit organization. 

(25) "IECC" means the International Energy Conservation Code developed by the ICC. 

(26) "LEED" means the series of Leadership in Energy and Environmental Design 
green building rating systems designed by the USGBC. 

(27) Repealed. 

(28) Repealed. 

(29) "LEED-H" means the LEED for New Homes (LEED-H) green building rating 
system being designed by the USGBC. 

(30) Repealed. 

(31) Repealed. 

(31A) "LEED standard for commercial and institutional buildings" means the green 
building rating system designed by the USGBC for Core & Shell, New Construction, 
Schools, and Retail: New Construction & Major Renovations. 

(32) "Maintenance accountability method" means a system for maintaining building 
performance standards, including annual building performance reporting that publicly 
compares actual energy consumption to benchmarks using the ENERGY STAR Portfolio 
Manager tool for all building types for which it is available; the description of changes to 

153 



§6-1451.01 D;C. OFFICIAL CODE 

operations and maintenance arrangements and procedures for major energy-consuming 
equipment; the maintenance of manuals, manufacturer's literature, model numbers, meth- 
ods of operation, and maintenance practices for installed building systems; the records of 
metering systems and mechanisms for the monitoring and control of energy consumption; 
and the collection of complete "as-built" drawing sets and information on best practices for 
building maintenance, housekeeping, pest management, and mold prevention, ■;:•,.}> Si ATP. 

(32A) "Mixed-use space" means demised space in any residential project that contains lat 
least 50,000 contiguous square feet of gross floor area, exclusive of common space^tha'tsis'Ior 
would be occupied for a nonresidential use. • ..•■■,.-..■■.: : :■■ ;i> ,>.■>■ < ow/ticii -i'v.i 

(33) "New construction" means the construction of any building Whether "as a! standalone 
building or an addition to an existing building. The term "new construction" mcludk's'Biew 
buildings and additions or enlargements of existing buildings, exclusive of any alteratien'sior 
repairs to any existing portion of a building. ' : ■■■■:'■.■■.■ ■■'•!) 

(33 A) "Nonresidential" means any project in which at least 50% of the gross floor area of 
the project, subject to allocation of area for common space, has nonresidential purposes. 

(34) Repealed. 

(35) "Project" means the construction of single or multiple buildings that are" part of one 
: development scheme, built at one time or in phases. 

(36) "Property disposition by lease" means a lease, inclusive of options, of real property, 
as defined in § 10-801.01, for a period of greater than 20 years. 

(37) "Property disposition by sale" means a sale of real property, as defined- in 
§ 10-801.01, in whole or in part, to the highest bidder for real property 10,000 square feet 
or more. ''.''' 

(38) Repealed. ' , . '.: ! . 

(39) "Public school" means schools owned, operated, or maintained by the District of 
Columbia Public Schools ("DCPS"), or a public charter school, and those schools' education- 
al facilities. ' *...'.' 

, (39 A) "Residential" means any project in which more than 50% of the gross floor area of 
the project, subject to allocation for common space, is used for residential purposes. 

(40) "Substantial improvement" means any repair, alteration, addition, or improvement 
of a building or structure, the cost of which equals or exceeds 50% of the market Value of 
the structure before the improvement or repair is started. .'.'"!,'., 

(41) "Total project cost" means the total of: '''" l . J „ '" 

(A) Hard construction cost's; " .','.,,, . .'". : T 

(B) Site acquisition costs; provided, that a site was acquired within 2 years oE^st 
building permit application; and ■,-,■■■. •«.')' 

(C) Soft costs; provided, that the soft costs, shall not exceed 25% of theChard 
construction costs. ......?,.. 

(42) "USGBC" means the United States Green Building Council. ' -; f , f 

(43) "Verification" or "verified" means confirmation, by an entity described in 
§ 6-1451.04 that the green building requirements of this chapter have .been fulfilled. 

(Mar, 8, 2007, D.C. Law 16-234, § 2, 54 DCR 377; Mar. 31, 2011, D.C. Law 18-349, §,2(a), 58 DCR 724; 
June 5, 2012, D.C. Law 19-139, § 2(a), 59 DCR 2555.) , " : / , 

Historical and Statutory Notes ,'".. ','.*' 

Effect of Amendments "(19) Green Building Expedited Construction 
D.C. Law 19-139, in par. (2), substituted "build- Documents Review Program' means the. process- 
ing permit" for "building construction permit"; re- ing procedure for qualified building construction 
pealed pars. (4), (19), and (38); added pars. (5A), permit applications and construction documents 
(5B), (10A), (14A), (32A), (33A), and (39A); re- estab]ished by § 6 i451.06.Substantial iniprove- 
wrote part. (31A) and (40); and m par 09), ment> hag ffie Same meaning as in section 202 of 
depleted "chartered by DCPS following ^ 12J Qf ^ District of ColtimWa Munidpal 
"schools . Prior to amendment or repeal, pars. _ , ,. , 10TR mro K <™<^ .. > 
(4), (19), (31A), (39), and (40) read as follows: Regulations (12J DCMR § 202). ...... 

- "(4) 'Building consb-uction permit' means an of- "( 31A > 'LEED standard for commercial and in- 
ficial document or certificate issued by DCRA stitutional buildings' means the green building rat- 
authorizing the construction or alteration of a ing system designed by the USGBC for com'riier- 
building," cial interiors, core and shell, existing buildiiigs, 

154 



GOVERNMENT OF DISTRICT § 6-1451.02 

new construction, operations and maintenance, and "(40) 'Substantial improvement' has the same 

schools." meaning as in section 202 of Title 12J of the 

"(38) 'Public financing' means:. Distinct of Columbia Municipal Regulations (12J 

"(A) Proceeds of any revenue bonds or tax incre- DCMR § 202)." 

ment financing that result in a financial benefit Legislative History of Laws 
from an agency, commission, instrumentality, or 

other entity of the District government; or __ ^orjiistory of Law 19-139, see notes under 

"(B) Financing whose stated purpose is to pro- 
vide for the new construction or substantial reha- 
bilitation of affordable housing." 



6-1412. 



§ 6-1451.02. Publicly-owned, leased, and financed buildings and projects. 

(a)(1) This subsection shall apply to all new construction and substantial improvement of: 

(A) Projects that are District-owned or District instrumentality-owned; and 

(B) Projects where at least 15% of the total cost is District-financed or District 
instrumentality-financed. 

(2) A nonresidential project shall: 

(A)(i) Within 2 years after the receipt of a certificate of occupancy, be verified as 
having fulfilled or exceeded the current edition of the LEED standard for commercial 
and institutional buildings, at the silver level; provided, that a public school shall be 
verified as having fulfilled or exceeded the current edition of the LEED standard for 
commercial and institutional buildings, at the certification level; 

(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, a public school shall 

be verified as having fulfilled or exceeded the current edition of the LEED standard 

for commercial and institutional buildings at the gold level or higher if sufficient 

funding for the construction or renovation is provided. 

(B) If the project is new construction of 10,000 square feet or more of gross floor area, 
and is a building type for which Energy Star® tools are available: 

(i) Be designed to achieve 75 points on the EPA national energy performance rating 
system, as determined by the Energy Star® Target Finder Tool; 

(ii) Be annually benchmarked using the Energy Star® Portfolio Manager bench- 
marking tool; and 

(iii)(I) Make benchmark and Energy Star® statements of energy performance 
available to DDOE within 60 days of being generated. 

(II) Upon receipt, DDOE shall make the benchmark and Energy Star® state- 
ments available to the public via an online database accessible through the DDOE 
website; and 

(C) Institute building systems monitoring and maintenance accountability methods 
upon receipt of a certificate of occupancy. 

(3) If a residential project includes 10,000 square feet of gross floor area or more, the 
residential project shall: 

(A) Fulfill or exceed the current edition of the Green Communities standard, or a 
substantially similar standard; and 

(B) Submit to DCRA a copy of the standard's self-certification checklist and a 
verification of meeting the standard's requirements for energy efficiency, as part of the 
application for a certificate of occupancy. 

(4) The requirements of this subsection shall apply: 

(A) On or after October 1, 2007, for a District-owned or District instrumentality-owned 
project that was initially funded in the Fiscal Year 2008 District budget or later; 

(B) On or after October 1, 2008, for a project on District-owned or District instrumen- 
tality-owned property, leased by a private entity as a result of a property disposition by 
lease, in Fiscal Year 2009 or later; and 

(C) On or after October 1, 2008, for a privately-owned project if 15% or more of a 
project's total project cost was financed by the District or a District instrumentality in 
Fiscal Year 2009 or later. 

(5) The Mayor shall, as a condition of the financing of a District-financed or District 
instrumentality-financed project governed by this subsection, include a penalty that will be 

155 



§ 6-1451.02 d.c. official code> 

levied upon an applicant for failure to fulfill the requirements of this chapter. The 1 
penalties may include: " :,Hi 

(A) Prohibiting the applicant from receiving additional District or District instrumen- 
tality financing for a period of up to 5 years; 

(B) Assessing a fine as set forth in § 6-1451.05(f); or ;: 

(C) Imposing an alternative penalty commensurate with the seriousness of the appli 1 
cant's failure to fulfill requirements of this chapter, as determined by the Mayor. 
(6) An applicant for new construction or substantial improvement of a mixed-use space 

shall fulfill or exceed the current edition of the LEED standard for commercial and 
institutional buildings at the certified level for the mixed-use space of the project. Any 
requirements of § 6-1451.05 shall apply to the mixed-use space of the project. For the' 
purposes of mixed-use space in this paragraph, the term: ; ' 

(A) "LEED" also includes LEED for Commercial Interiors and LEED for Retail: 
Commercial Interiors; and 

(B) "Certificate of occupancy" refers to the first certificate of occupancy issued for a 
usable, habitable space at grade or above grade for the mixed-use space Of the project. 

(b)(1) This subsection shall apply to all tenant improvements of District-owned or District 
instrumentality-owned buildings. . 

(2) On or after October 1, 2008, all tenants of District-owned of District instrumentality- 
owned building space shall obtain verification that the improved building. space. fulfills or 
i exceeds the current edition of the LEED standard for commercial and institutional 
buildings, LEED for Commercial Interiors, or LEED for Retail: Commercial Interiors, at 
the certification level, if: . . ■ . ■ < - 

(A) The tenant improves at least 30,000 square feet gross floor area of more; ' 

(B) The improvements involve a comprehensive construction or alteration of partitions, 
electrical systems, HVAC & R, and finishes; and 

(C) The building space has a certificate of occupancy for a commercial use, 

(c)(1) This subsection shall apply to all District, and District instrumentality, owned or 
operated buildings. 

(2) Beginning January 20, 2009, the District shall benchmark 10 buildings owned or 
operated by the District using the Energy Star® Portfolio Manager benchmarking tool. 

(3) Beginning October 22, 2009, the District shall annually benchmark all District, and 
District instrumentality, owned or operated buildings, using the Energy Star® Portfolio 
Manager benchmarking tool, if the building: 

(A) Has at least 10,000 square feet of gross floor area; and 

(B) Is a building type for which Energy Star® benchmarking tools are available: 

■•■■'. (4) Benchmark and Energy Star® statements of energy performance for each (building 
shall be made available to DDOE within 60 days of being generated, Upon receiptj DDOE 
shall make the benchmark and Energy Star® statements, available to, the , public via an 
online database accessible through the DDOE website. '.■:'.-.;; •<■-. 

(Mar. 8, 2007, D.C. Law 16-234, § 3, 54 DCR 377; Oct. 22, 2008, D.C. Law 17-250, § 501(a): .55 DCR 
9225; July 27, 2010, D.C. Law 18-209, § 504(a), 57 DCR 4779; Mar. 31, 2011, D.C, Law l&-349>; § < 2(b), 58 
DCR 724; June 5, 2012, D.C. Law 19-139, § 2(b), 59 DCR 2555.), „ , , ., ,,,,..■ ,;■■ ■ . , ; ,:,, ; !; 

;, , Historical and Statutory Notes 

Effect of Amendments . "(a)(1) This subsection shall apply to all new 

D.C. Law 19-139 rewrote subsec. (a)(1); in sub- construction and substantial improvement of Dis- 

sec. (a)(2)(A), designated the existing text as sub- trict-owned or financed, and District instrumentali- 

subpar. (i) and added sub-subpar. (ii); added sub- ty-owned and financed, projects if 15% or more of 

sees, (a)(5) and (6); and, in subsec. (b)(2), substi- a project's total project cost was financed by the 

tuted "institutional buildings, LEED for Commer- District or a District instrumentality." 

dial Interiors, or LEED for Retail: Commercial ..,.„.. „ T ' , 

Interiors" for "institutional buildings". Prior to Legislative History of Laws 
amendment, subsecs. (a)(1) and (a)(2)(A) had read For history of Law 19-139, see notes under 

as follows: § 6-1412. • i-i 

156 



GOVERNMENT OF DISTRICT § 6-1451.03 

§ 6-1451.03. Privately-owned buildings and projects. 

(a) This section shall apply to all privately-owned buildings and projects, with at least 
50,000 square feet of gross floor area. 

(b)(1) All new construction and substantial improvement of nonresidential projects, includ- 
ing projects involving real property acquired by a real property disposition by sale from the 
District or a District instrumentality to a private entity, and projects if less than 15% the 
project's total project cost was financed by the District or a District instrumentality, shall: 

(A) Beginning January 1, 2009, as part of any building permit application, submit to 
DCRA a green building checklist documenting the green building elements to be pursued 
in the respective building's permit; and 

(B) Be verified by an entity described in § 6-1451.04 as having fulfilled or exceeded 
the current edition of the LEED standard for commercial and institutional buildings at 
the certification level within 2 years of the receipt of a certificate of occupancy; provided, 
that a public school shall be verified as having fulfilled or exceeded the current edition of 
the LEED standard for commercial and institutional buildings at the gold level or higher 
if sufficient funding for the construction or renovation is provided. 

(2) This subsection shall apply as of: 

(A) January 1, 2010, for a project involving real property acquired by a real property 
disposition by sale, from the District or a District instrumentality to a private entity, that 
has submitted an application for the first building permit on or after January 1, 2010; 
and 

(B) January 1, 2012, for a project that has submitted an application for the first 
building permit on or after January 1, 2012. 

(3) The area of common space in a project shall be allocated to either residential or 
nonresidential square footage of a project based upon the percentage of gross floor area of 
the project occupied by each of the residential and nonresidential occupancies calculated 
after excluding the area of common space. 

(4) An applicant for new construction or substantial improvement of a mixed-use space 
shall fulfill or exceed the current edition of the LEED standard for commercial and 
institutional buildings at the certified level for the nonresidential portion of the project. 
Any requirements set forth in § 6-1451.05 shall apply to the mixed-use space of the project. 
For the purposes of mixed-use space in this paragraph, the term: 

(A) "LEED" also includes LEED for Commercial Interiors and LEED for Retail: 
Commercial Interiors; and 

(B) "Certificate of occupancy" refers to the first certificate of occupancy issued for a 
usable, habitable space at grade or above grade for the mixed-use space of the project. 

(c)(1) This subsection shall apply to all buildings and projects that are of a building type for 
which Energy Star® tools are available. 

(2)(A) The requirements for existing privately-owned buildings shall be as follows:. 

(i) The owner or a designee of the owner shall annually benchmark the building 
using the Energy Star® Portfolio Manager benchmarking tool; and 

(ii)(I) Benchmark and Energy Star® statements of energy performance for each 
building shall be made available to DDOE by April 1 of the respective following year. 
In 2011 only, the scores and statements shall be made available to DDOE no later than 
Julyl. 

(II) Upon receipt, DDOE shall make the benchmark and Energy Star® state- 
ments available to the public via an online database accessible through the DDOE 
website, beginning with the 2nd annual benchmarking data for each building. 

■ (B) This paragraph shall apply as of: 

(i) January 1, 2010, for a building with over 200,000 square feet of gross floor area; 
(ii) January 1, 2011, for a building with over 150,000 square feet of gross floor area; 

(iii) January 1, 2012, for a building with over 100,000 square feet of gross floor area; 
and 

157 



§6-1451.03 D.C, OFFICIAL "ISEODE 

(iv) January 1, 2013, for a building with over 50,000 square feet of gross flooif-agea}, 
or more. 
: (C) Benchmarking data required in this paragraph shall include water consumption 

data as incorporated in the Portfolio Manager Benchmarking Tool. ' ' ' ■ 

(D) A building owner or tenant who fails to timely, accurately, and completely subinit 
the benchmarking information required by this paragraph to DDOE or to the building 
owner shall be assessed a penalty by DDOE of no more than $100 for each day during 
which the required submission has not been made. Civil infraction fines, penalties, ana) 
fees may be imposed as alternative sanctions for such failure, pursuant to Chapter 18 of 
Title 2. Adjudication of an infraction shall be pursuant to Chapter 18 of Title 2. 
(3) An applicant for new construction or substantial improvement of a project, who 
. submits the first building permit after January 1, 2012, shall, prior to construction, estimate 
the project's energy performance using the Energy Star® Target Finder Tool.' 

(Mar. 8, 2007, D.C. Law 16-234, § 4, 54 DCR 377; Oct. 22, 2008, D.C. Law 17-250, § 501(b), 55. DCR 
.9225; July 27, 2010, D.C. Law 18-209, § 504(b), 57 DCR 4779; Mar. 31, 2011, D.C. Law.lfeiSl, § 2, 58 
DCR 22; Mar. 31, 2011, D.C. Law 18-349, § 2(c), 58 DCR 724; June 5, 2012, D.C. Law 19-139, § '2(e), 59 
DCR 2555.) , ; ! ' ' ■'■■'.! 

Historical and Statutory Notes ;'■) 

Effect of Amendments ' '■' '" "1st building construction permit";' adiieds sub- 
D.C. Law 19-139, in subsec. (b)(1)(A), substitute sets. (b)(3), (4), and (C)(2)(C), (D); arid, in subsec. 

ed "permit" for "construction permit"; in subsec. (c)(2)(A)(ii)(I), substituted "April 1 of the respec- 

(b)(1)(B), inserted "; provided, that a public school tive following year. In 2011 only, the scores and 

shall be verified as having fulfilled or exceeded the statements shall be made available to DDOE no 

current edition of the LEED standard for commer- j^f 1- than July 1." for "January 1 of the respective 

rial and institutional buildings at the gold level or following year, 

higher if sufficient funding for the construction or Legislative History of Laws 

renovation is provided." ; in subsecs. (b)(2)(A), (B), For history of Law 19-139, see notes under 

and (c)(3), substituted "first building permit" for § 6-1412. 

§6-1451.04. Compliance review. ' 

(a) The Mayor shall verify compliance with the requirements of this chapter as specified; in 
§§ ,6-1451.02 and 6-1451.03 through: ,-, ' , i 

(1) An agency of the District government; or ;'..«>'' J 

:' : ■ (2) Third-party entities which meet criteria to be established by the Mayor by rulemak- 
ing within 180 days of March 8, 2007. 

(b) The Mayor shall review the qualifications of each third-party entity approved under 
subsection (a)(2) of this section at least every 2 years to determine if the entity shall, remain 
eligible to conduct the verifications required, in §§6-1451.02 and 6-1451.03. ';'; . ; >.'i'< 

(e) Notwithstanding Chapter 5 of Title 2, for the purposes of establishing eompliarice'with 
§§ 6-1451.02 and 6-1451.03, verification of a project shall be based upon the standards in 
effect one year prior to the applicant's first of the following interactions with the District: 

(A) The approval of a land disposition agreement; ■;, ■ rn-;?; 

, . . (B) The submission of an application to the Board of Zoning Adjustment,fqr ; ;a variance 
or special exception relief; '■."■\ ..„';•.'■■:'. ..- 

(C) The submission of an application to the Zoning Commission for a planned unit 
development or other approval requiring Zoning Commission action; 

(D) The submission of an application to the Historic Preservation Eeview Board or the 
Mayor's Agent for the Historic Preservation Eeview Board; or 

(E) Other substantial land-use interactions with the District as defined through 
rulemaking by the Mayor. 

(d) Verification that a project has complied with the requirements of this chapter shall not 
relieve an applicant of any obligations or liabilities otherwise existing under law and shall not 
■relieve the District of its obligation to review all construction documents in the manner 
otherwise prescribed by law, 

(e) An applicant may apply for verification of a project by the Mayor at any time. : 

158 



GOVERNMENT OF DISTRICT § 6-1451.05 

(f) Verification decisions by the Mayor shall be considered official interpretations of the 
requirements of this chapter and may be appealed by an applicant pursuant to subsection 
112.1 of Title 12 of the District of Columbia Municipal Regulations (12 DCMR § 112.1). 

(Mar. 8, 2007, D.C. Law 16-234, § 5, 54 DCR 377; Mar. 25, 2009, D.C. Law 17-353, § 154, 56 DCR 1117; 
June 5, 2012, D.C. Law 19-139, § 2(d), 59 DCR 2555.) 

Historical and Statutory Notes 

Effect of Amendments a project shall be based upon the standards in 

D.C. Law 19-139 rewrote subsec. (c), which for- effect 6 months prior to the submission of the first 

merry read: construction permit application." 

"(c) Notwithstanding Chapter 5 of Title 2, for Legislative History of Laws 

the purposes of establishing compliance with stan- For history of Law 19-139, see notes under 

dards in §§ 6-1451.02 and 6-1451.03, verification of § 6-1412. 

§ 6-1451.05. Financial security. 

(a) Beginning January 1, 2012, an applicant governed by § 6-1451.03(a) shall provide a 
financial security, which shall be due prior to receipt of a certificate of occupancy. 

(b)(1) The financial security requirement of subsection (a) of this section may be fulfilled 
by: ' 

(A) Evidence of cash deposited in an escrow account in a financial institution in the 
District in the name of the licensee and the District; 

(B) An irrevocable letter of credit from a financial institution authorized to do business 
in the District; 

(C) A bond secured by the applicant to ensure compliance with this section; or 

(D) A binding pledge that within 2 years of receipt of the certificate of occupancy the 
applicant will fulfill or exceed the current edition of the LEED standard for commercial 
and institutional buildings at the certified level. 

(2)(A) A binding pledge pursuant to paragraph (1)(D) of this subsection shall be recorded 
as a covenant in the land records of the District between the applicant and the District in a 
form that is satisfactory to the , District's Attorney General or the Attorney General's 
delegate. 

(B) The covenant shall bind the applicant and any successors in title to pay any fines 

levied pursuant to this section. 

(c) If, within 2 years of receipt of the certificate of occupancy, the project provides evidence 
that it has fulfilled or exceeded the current edition of the LEED standard for commercial and 
institutional buildings at the certified level, a financial security previously provided by the 
applicant in the form of cash, an irrevocable letter of credit, or a bond shall be returned to the 
applicant. 

(d) If, within 2 years of receipt of the certificate of occupancy, the project does not provide 
evidence that it has fulfilled or exceeded the current edition of the LEED standard for 
commercial and institutional buildings at the certified level, the Mayor shall, as applicable, 
either: 

(1) Draw down on a financial security provided in the form of cash, an irrevocable letter 
of credit, or a bond, in whole, or in part; or 

(2) Levy a fine against an applicant that provided a financial security in the form of a 
binding pledge as set forth in subsection (f) of this subsection. 

(e) A financial security in the form of cash, an irrevocable letter of credit, or a bond shall 
be calculated by square foot as set forth in subsection (f) of this section but shall be 
discounted by 20% of the amount of the fine described in subsection (f) of this section. 

(f) A fine issued pursuant to subsection (d)(2) of this section shall be calculated as follows: 

(1) In the amount of $7.50 per square foot of gross floor space if the project is less than 
100,000 square feet of gross floor space. 

(2) In the amount of $10 per square foot, if the project is at least 100,000 square feet of 
gross floor space. 

159 



§6-4451.05 



DC. OFFICIAL CODE 1 



(3) Beginning 4 years after receipt of the certificate of occupancy, the applicant shall pay 
' a monthly fine of $0.02 per square foot to the District for failure to provide evidence thafit/ 

has fulfilled or exceeded either the current edition of the LEED standard for commercial 
, and institutional buildings at the certified level or the current edition of the LEED; 
standard for Existing Buildings: Operations & Maintenance at the certified level., The 
monthly fines shall accumulate but shall be assessed annually. 

(4) The fine described in paragraphs (1) and (2) of this subsection shall not exceed $3 
million; provided, that an annual fine issued pursuant to paragraph (3) of this subsection] 

■. shall not count toward the $3 million limit. 

(g) The Mayor, for good cause, may issue time extensions to a project; provided, 1 that the' 
Mayor shall not grant more than 3, one-year extensions, , «., '■>';" 

(h) Fines issued under this section shall be civil penalties. ', / . . J ' • ' : ■ : . i \ 

(i) Substantial improvements shall be subject to the requirements of this section; provided, 
that only square feet included in a substantial improvement project shall be calculated rfpr;the 
purposes of a fine. ■ •■ - 

' (j) The financial security option provided in subsection (b)(1)(C) of this section shall become 
effective upon the issuance of rules by the Mayor. 

(k) Any payment made to the District for failure to meet the standards' required by 
§§ 6-1451.02 and 6-1451.03 shall be deposited in the Green Building Fund. ' ■ ' : 

(Mar. 8, 2007, D.C. Law 16-234, § 6, 54 DCR W7r^ar: : 3i; S 2bil^D:C. Law 18-349, § 2(d), 58 DCR 724; 
June 5, 2012, D.C. Law 19-139, § 2(e), 59 DCR'2555.T ;; '''■■■ ■ ,'"' 

Historical and 
Effect of Amendments -u'j'-j'.i : 

D.C. Law 19-139 rewrote the section,' "which 
formerly read: ' ' 

"(a) A commercial applicant who applies for an 
incentive described in § 6-1451.06 shall provide a 
bond which shall be due and payable upon approv- 
al of the first building construction permit applica- 
tion. 

"(b) All applicants governed by § 6-1451.03 
shall provide a bond, which shall be due and 
payable prior to receipt of a certificate of occupan- 
cy, according to the following schedule: 

"(1) On or after January 1, 2010, for an appli- 
cant governed by § 6-1451.03(b)(2)(A); and 

"(2) On or after January 1, 2012, for an appli- 
cant governed by § 6-1451.03(b)(2)(B). 

. "(c) For the purpose of compliance with subsec- 
tions (a) and (b) of this section, in lieu of the bond 
required by this section, the Mayor may accept an 
irrevocable letter of credit from a financial institu- 
tion authorized to do business in the District or 
evidence of cash deposited in an escrow account in 
a financial institution in the District in the name of 
the licensee and the District. The letter of credit 
or escrow account shall be in the amounts required 
by subsection (d) of this section. ■ 

"(d) The amount of the required bond under 
subsection (a) of this section shall he 1% of the 
incentive provided. 



Statutory Notes 

! "(e) The amount of the required bond under 
subsection (b) of this section shall be: i ' : ■ 

"(1) For a project not exceeding 150,000 square 
feet of gross floor area, 2% of the total cost of the 
building; 

"(2) For a project from 150,001 to 250,000 
square feet of gross floor area, 3% of the total cost 
of the building; and. ' "' 

"(3) For a project exceeding 250,000 square feet 
building of gross floor area, 4% of the total cost of 
the building. ■■■>■;■■•■' • .■.' ; 'i '■">': 

"(f) The maximum amount of a bond shall' be $3' 
million. , ', ' '■ ".'";'' ' ' ..,'', '"'' 

"(g) All or part of the bond shall be forfeitedj .to 
the District and deposited in the Green Buiiding 
Fund if th& building fails to meet the' standards 
required by §§-6-1451.03 and 6-1451.06: ; r-MMn 

"(h) The District shall draw 1 down MWe' : WM 
funds if the required green building verification is v 
not provided within 2 years after receiving the first 
certificate of occupancy. ,. ; " ■;..-, . : )):')'io 

"(i) The Mayor shall promulgate rules to' estab- 
lish additional requirements for the drawing down 
or return of the bond." 
Legislative History of Laws . 

For history, of Law, 19—139, see notes under 
. § 6-1412. . ,.. 



§ 6—1451.06. Incentives. [Repealed] 

(Mar. 8, 2007, D.C. Law 16-234, § 7, 54 DCR 377; Mar. 31, 2011, D.C. Law 18-349, § 2(e), 58 DCR 724; 
June 5, 2012, D.C. Law 19-139, § 2(e), 59 DCR 2555.) '.'•*, 

160 



GOVERNMENT OF DISTRICT § 6-1451.08 

Historical and Statutory Notes 

Legislative History of Laws 

For history of Law 19-139, see notes under 
§ 6-1412. 

§ 6-1451.07. Green Building Fund. 

(a) There is established a fund designated as the Green Building Fund, which shall be 
separate from the General Fund of the District of Columbia. All additional monies obtained 
pursuant to §§ 6-1451.05 and 6-1451.08, and all interest earned on those funds, shall be 
deposited into the Fund without regard to fiscal year limitation pursuant to an act of 
Congress, and used solely to pay the costs of operating and maintaining the Fund and for the 
purposes stated in subsection (c) of this section. All funds, interest, and other amounts 
deposited into the Fund shall not be transferred or revert to the General Fund of the District 
of Columbia at the end of any fiscal year or at any other time, but shall continually be 
available for the uses and purposes set forth in this section, subject to authorization by 
Congress in an appropriations act. 

(b) The Mayor shall administer the monies deposited in the Fund. 

(c)(1) The purpose of the Fund is to streamline administrative green building processes, 
improve sustainability performance outcomes, build capacity of development and administra- 
tive oversight professionals in green building skills and knowledge, institutionalize innovation, 
overcome barriers to achieving high-performance buildings, and continuously promote the 
sustainability of green building practices in the District. 

(2) Fund shall be used for the following: 

(A) costs for at least 3 full-time employees at DCRA or elsewhere as assigned by the 
Mayor, whose primary job duties are devoted to technical assistance, plan review, and 
inspections and monitoring of green buildings; 

(B) Additional staff and operating costs to provide training, technical assistance, plan 
review, inspections and monitoring of green buildings, and green codes development; 

(C) Research and development of green building practices; 

(D) Education, training, outreach, and other market transformation initiatives; and 

(E) Seed support for demonstration projects, their evaluation, and when successful, 
their institutionalization. 

(3) The Mayor may receive and administer grants for the purpose of carrying out the 
goals of this chapter. 

(Mar. 8, 2007, D.C. Law 16-234, § 8, 54 DCR 377; June 5, 2012, D.C. Law 19-139, § 2(f), 59 DCR 2555.) 

Historical and Statutory Notes 
Effect of Amendments "(2) Education, training and outreach to the 

D.C. Law 19-139 rewrote subsec. (c), which for- P ublic an ? P^ate sectors on green building prac- 



merly read: 



tices; and 



„.,_,_.,„, , „ „ "(3) Incentive funding for private buildings as 

(c) The Fund shall be used as follows:" provided for in § 6-1451.06." 

"(1) Staffing and operating costs to provide Legislative History of Laws 
technical assistance, plan review, and inspections For history of Law 19-139, see notes under 
and monitoring of green buildings; § 6-1412. 

§ 6-1451.08. Green building fee. 

(a) A green building fee is established to fund the implementation of this chapter and the 
Green Building Fund. 

(b) Upon March 8, 2007, the green building fee shall be established by increasing the 
building permit fees in effect at the time in accordance with the following schedule of 
additional fees: . 

(1) New construction — an additional $0.0020 per square foot. 

(2) Alterations and repairs exceeding $1,000 but not exceeding $1 million — an additional 
0.13% of construction value; and 

161 



§ 6^-1451.08 D:C. OFFICIAL CODE) 

(3) Alterations and repairs exceeding $1 million — an additional 0.065% of construction 

value. , } j 

(Mai-. 8, 2007, D.C. Law 16-234, § 9, 54 DCR 377; June 5, 2012, D.C. Law 19-139, § 2(g); 59 DCR 2555.) 

Historical and Statutory Notes 

Effect of Amendments Legislative History of Laws' / 's ' I , ; h 1 1 • -•$ p 

, D.C. Law 19-139, in subsec. (b), substituted p or history of Law 19-139, , see notesr.und.er 

"building permit" for "building construction per- 8 a i 4 io "''■'■'' ' ' ' ' ' u 

mit". ,, s o i^. .. : : : : .; [j;i ,v ; ; ,. .:; *, •„■;■) <vi<;'is;< : ;<>;; 

• • . . . . , ■ :...'■' ; ."i ..: ; ,-'; i !r",M- n '.■'■} .it mKJWmq 

§ 6-1451.09. Establishment of the Green Building Advisory Council:' ! , ' ,ta '" ! 'I'! 

(a) DDOE shall provide the central coordination arid technical assistariee to District: 
agencies and instrumentalities in the implementation of the provisions^ of • this" chapter;' 

(b) Within 90 days after March 8, 2007, the Mayor shall establish a' Green Building, 
Advisory Council to monitor the District's compliance with the requirements of this chapter j 
and to make policy recommendations designed to continually improve and update the chapter. 

I U' 1 '■ 

(c)(1) The GBAC shall consist of the following 13 members: 

(A) The Director of DDOE, or the Director's designee; ,i- r,i i; 

(B) The Director of the Office of Planning, or the Director's designee; .■/():.)■;{■/ 

(C) The Director of the Department of General Services, or the Director's designee;", r.-o 

(D) The Director of the Department of Consumer and Regulatory Affairs, or ; »the' 
Director's designee; ,M) 

'(E) The Director of the Department of Housing and Community Development, or the 
: Director's designee; ,V1 

(F) Six members appointed by the Mayor comprised in equal number of representa- 
- v tives from the private and nonprofit sectors; 

: (G) One member appointed by the chairperson of the committee of the CoUneiMhat 
oversees the building permit function in the District of Columbia; and ) ; 

(H) One member appointed by the chairperson of the Committee of the Council that 
oversees DDOE. , .■■. -i > ; , . --, ^ 

(2) Members of the GBAC who are not ex officio members shall have expertise in 
• building construction, development; engineering, . natural resources conservation; energy 

conservation, green building practices, environmental protection, environmental lawy.or 
. other similar green building expertise. . .-■;?. ; y'i'f, '."'s" ,;: ;■ -,. .,,■■;, ,,•'.>, \; ,, v ;: 

(3) The Chairperson of the GBAC shall be the Director of DDOE. 

(4) All members of the GBAC shall either workl.inyoribe residents of the District, and 
shall serve without compensation. ,, ,. :J ,.,f, ? . ;ili < ; v r.-n ■■ ■ 

(5) The members shall serve a 2-^year term. -,,;jj 7/ _,;.,) _.,,, : rt ._ ,,-.,, - i: , , v > v . ; , /,.;• 

(6) A member appointed to fill a vacancy or after a term has begun, shall serve only for 
the remainder of the term or until a successor is appomted^j^j ... ; V) .,,; ; <. fIJ , -.- ^ (lj ., 

(d) The GBAC shall advise the Mayor on: ■ ■; m •,,,.- ■■•,,«, , :/i .,,:;,;' <o" 

(1) The development, adoption, and revisions of this chapter 1 ;, including "'Suggestion's Tor' 
additional incentives to promote green building practices; ' ' ' ' '•' li - l,; ' 

(2) The evaluation of the effectiveness of the District's green building policies and their 
impact on the District's environmental health, including the relation of the development of 
the District's green building policies to the specific environmental challenges facing the 
District; •..:'.» 

, (3) The green building practices to be included in the triennial revisions of the Construc- 
tion Codes; and '•■-,■ 
(4) The promotion of green building education, including educating relevant District, 
employees, the building community, and the public regarding the benefits and techniques of 
high-performance building standards. , 

(e) The GBAC shall meet at least 6 times each year. ,. . ■:....'. . v;«.0 

162 



GOVERNMENT OF DISTRICT § 6-1451.10 

(f) GBAC shall issue an annual report of its recommendations. The report shall include 
recommended updates of green building standards, building systems monitoring and data 
compiled from District-owned or District instrumentality-owned and operated buildings, and 
an analysis of the building projects exempted by the Mayor under § 6-1451.10. The report 
shall be distributed to all members of the Council and the Mayor and made available to the 
general public within 30 days after its issuance. 

(g) The Mayor shall provide GBAC with the following to be included in the annual report 
required by subsection (f) of this section: 

(1) An accounting of funds deposited into the Green Building Fund during the past fiscal 
year,' separated by category; 

(2) An accounting of funds spent from the Green Building Fund during the past fiscal 
year, referencing that year's annual green plan's goals; and 

(3) A 2-year District Green Building Plan updated annually, with goals and associated 
projections of expenditures for the upcoming fiscal year, produced in consultation with the 
GBAC. 

(Mar. 8, 2007, D.C. Law 16-234, § 10, 54 DCR 377; Mar. 31, 2011, D.C. Law 18-349, § 2(f), 58 DCR 724; 
June 5, 2012, D.C. Law 19-139, § 2(h), 59 DCR 2555.) 

Historical and Statutory Notes 
Effect of Amendments Legislative History of Laws 

D.C. Law 19-139, in subsec. (c)(1)(C), substitut- For history of Law 19-139, see notes under 
ed "Department of General Services" for "Office of § 6-1412 
Property Management"; in subsec' (c)(1)(G), sub- 
stituted "building permit" for "building construc- 
tion permit"; and added subsec. (g). 

§ 6-1451.10. Exemptions and extensions. 

(a)(1) The Mayor may, in unusual circumstances and only upon a showing of good cause, 
grant an exemption from any of the requirements of this chapter based on: 

(A) Substantial evidence of a practical infeasibility or hardship of meeting a required 
green building standard; 

(B) A determination that the public interest would not be served by complying with 
such requirements; or 

(C) Other compelling circumstances as determined by the Mayor by rulemaking. 

(2) The burden shall be on the applicant to show circumstances to establish hardship or 
infeasibility under this section. 

(3) If the Mayor determines that the required verification requirement is not practicable 
for a project, the Mayor shall determine if another green building standard is practicable 
before exempting the project from all green building requirements. 

(4) The Mayor shall promulgate rules to establish requirements for the exemption 
process within 180 days of March 8, 2007. 

(b) Notwithstanding any other provision of this chapter, construction encompassed by 
building permits applied for within 6 months of March 8, 2007, shall be exempt from the 
verification requirements of this chapter. 

(c) Notwithstanding any other provision of this chapter, construction encompassed by a 
contract for a disposition agreement with the District or an instrumentality of the District for 
a property disposition for which a request for proposals was released prior to March 8, 2007, 
shall be exempt from the relevant current edition of the LEED standard for commercial and 
institutional buildings verification requirements, unless the disposition agreement is executed 
more than 12 months after March 8, 2007. 

(d) Notwithstanding any other provision of this chapter, the Mayor, upon a finding of 
reasonable grounds, may extend the period for green building verifications required in 
§§ 6-1451.02 and 6-1451.03, for 3 successive 4-month periods. 

(Mar. 8, 2007, D.C. Law 16-234, § 11, 54 DCR 377; Mar. 31, 2011, D.C. Law 18-349, § 2(g), 58 DCR 724; 
June 5, 2012, D.C. Law 19-139, § 2(i), 59 DCR 2555.) 

163 



§ 6-4451.10 B.C. OFFICIAL CODE) 

Historical and Statutory Notes 
Effect of Amendments Legislative History of Laws 

D.C. Law 19-139, in subsec. (b), substituted p or history of Law 19-139, see notes under' 
"building permit" for "building construction per- § 6-1412 '"■' '-'* 

§■■6-1451.11. Rules..'-- . . . <. ■■,-if . ■■■,; 

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, 'may issue ruIe J s' ,! tb M 
implement the provisions of this chapter. ; / "•■:■ 'U\ :■<>'>' .:.; .■■/■■ u< 

(b) The Mayor may issue proposed rules to adopt another fating system^ In whole !of in 
part. Proposed rules to adopt another rating system shall be submitted i6 ihe Council' for a 
45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council 
recess. If the Council does not approve the proposed rules, in whole or in part, by resolution 
within this 45-day review period, the proposed rules shall be deemed disapproved. 

(c) Notwithstanding the requirements of § 2-552(c), where the Mayor chooses to adopt a 
LEED of Green Communities standard as the District's standard under this chapter, DDOE; 
may do so by incorporating the LEED or Green Communities standard by reference in a 
Notice of Intent to take rulemaking action. When incorporating the LEED or Green 
Communities standard by reference, the notice shall include a specific indication of how and 
where a paper or electronic copy of such document may be inspected or obtained. Any" 
amendments, supplements, Or future editions to the LEED or Green Communities Standard 
shall be deemed to be included in the District's standard; provided, that DDOE shall annually 
issue a Notice of Intent to adopt any amendments, supplements, or future editions to the 
LEED or Green Communities, in whole, or in part, or announce an intent to adopt a different > 
standard. 

(Mar. 8, 2007, D.C. Law 16-234, § 12, 54 DCR 377; June 5, 2012, D.C. Law 19-139, § 2(j), 59 DCR 2555.); 

Historical and Statutory Notes 

Effect of Amendments lions of the LEED rating system, or any other 

D.C. Law 19-139 rewrote the '■■' section', 'which fating system, in whole or in part. The proposed 

formerly read: rules shall be submitted to the Council for a 
"(a) Within 180 days of March "8, 2007, thevMay-'> >• , 45-day period of review, excluding Saturdays, Sun- 

or shall promulgate rules to implement this chap- days, legal holidays, and days of Council recess. If 

ter. The proposed rules shall be submitted to the., the Council does not approve or disapprove the 

Council for a 45-day period of review excluding pr0 p 0sed ru i eS; in who le or in part,, by, resolution 
Saturdays, Sundays, legal holidays, and days of ' f^jT, ,,,„ 4 r_ (1av rpv1pw np^d ' ' the Wnbosed 

Council recess. If the Council does not approve or wl . thm , ™ s . 4E T day , review p ^ od ' % iPl;?Wi ecl 

disapprove the proposed rules, in whole or in part, rules sha11 be deemed approved. ,. , { f ,, ( 

by resolution within this 45-day review period, the Legislative History of Laws ..'■■ .. r . ,.,.■ 

proposed rules shall be deemed approved. For higtory of Law 19 ^ lg9 . see ^^^ 

"(b) The Mayor may issue proposed rules to § g-1412. - 

adopt future amendments, supplements, and edi- ' [ ' ' , 

-'TITLE 7'.," 

HUMAN HEALTH CARE AND SAFETY. 

SUBTITLE A. GENERAL. , ., ';.,:, ,, 

Chapter Section 

7. Long-Term Care Ombudsman Program , . 7-703.03 

7A, Functions of the Department of Health .'. .7-731 

7D. Department of Health Care Finance 7-771 .02 

SUBTITLE C. MENTAL HEALTH. 

1 1A. Department of Mental Health Establishment. .:..!....;.. 7-1131.02 

SUBTITLED. CITIZENS WITH MENTAL RETARDATION. 

1 3. Rights of Citizens with Mental Retardation :....... 7-i 301 .02 

SUBTITLE E. HEALTH CARE SAFETY NET. ■'■,.,. 

14. Health Care Safety Net Administration. ... . 7-1405 

164 



GOVERNMENT OP DISTRICT § 7-731 

Chapter" Section 

SUBTITLE G. AIDS HEALTH CARE. 

16. AIDS Health Care 7-1631 

SUBTITLE G-ii. USE OF MARIJUANA FOE MEDICAL TREATMENT. 

16B. Use of Marijuana for Medical Treatment 7-1671 .06 

. SUBTITLE J. PUBLIC SAFETY. 
25. Firearms Control 7-2501 .01 

SUBTITLE A 
GENERAL. 

Chapter 7 
Long-Term Care Ombudsman Program. 

Subchapter III. Access for the Long-Term 
Care Ombudsman and Designees. 

Section 

7-703.03. Visits to the home of a resident. 

Subchapter III. Access for the Long-Term Care Ombudsman and Designees. 
§ 7-703.03. Visits to the home of a resident. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) repeal of section 3 of 

For temporary (90 day) repeal of section 3 of D.C. Law 19-111, see § 7013 of Fiscal Year 2013 

D.C. Law 19-111, see § 7013 of Fiscal Year 2013 Budget Support Congressional Review Emergency 

Budget Support Emergency Act of 2012 (D.C. Act Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 

19-383, June 19, 2012, 59 DCR 7764). DCR 9290). 

Chapter 7A 
Functions of the Department of Health. 

Subchapter I. General Powers, Section 

Fees, and Funds. 7-736.01. Grant authority. 

Section 

7-731. Exclusive agency powers. 



Subchapter I. General Powers, Fees, and Funds. 
§ 7-731. Exclusive agency powers. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of sections, see 

For temporary (90 day) addition of sections, see §§ 5013, 5015 of Fiscal Year 2013 Budget Support 

§§ 5013, 5015 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). 
2012, 59 DCR 7764). 



165 



§ 7-736.01 DC. OFFICIAL CODE 

§'7-736.01. Grant authority. ;J 

• Historical and Statutory Notes !i 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2 of the Department of Health Functions 

see § 2 of the Department of Health Functions Clarification Emergency Amendment Act of 2012 

Clarification Emergency Amendment Act of 2012 m c. Act 19-391, July ,13s 2012- ,59rsDOB 8501); 
(D.C. Act 19-391, July 13, 2012, 59 DCR 8501). 

Chapter 7D 
Department of Health Care Finance. 

Section 

7-771.02. Establishment of the Department of . ..,■■< 

Health Care Finance. ,■.,.... ■.■■=..; 

§ 7-771.02. Establishment of the Department of Health Care Finance.''" 

Historical and Statutory. Notes; ■<., ' >;;.o « ■.-),>■> tu .-iimY .f,o.KOV-V 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 5014 of Fiscal Year 2013 Budget Support Con- 

§ 5014 of Fiscal Year, 2013 Budget Support Emer- gressional Review: Emergency Act' of '2012; XDsC. 

gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19-413 j u i y 25, 2012, 59 DCR 9290). 

59DCR7764). ,'..^ j ,'..„,, ', .,■;. r-: ;■,.. \> { f" ..£ R 

SUBTITLE C 

.•..^S/:;?' ; ': : ::,'; ,; ,. mental health. . . "" 7:77 ::^' 7777- ■" 

■' Chapter 11 A 
Department of Mental Health Establishment. 

Section Section 

7-1131.02. Definitions. •■,...„■ 7—1131.17. Youth behavioral health program. 

7-1131.04. Powers and duties of the 'Department ; 7-1131.18. Behavioral health resource guide. 

of Mental Health. 7-1131.19. Behavioral Health Ombudsman Pro- 
rash'iH ■■/ gram,. . ,. ■,. ,, ; ;; ... ; ;, 



§ 7-1131.02. Definitions. ; ,, 

For the purposes of this chapter, the term: 

(I) "Behavioral health" means a person's overall social, emotional, and psychological well- 
being and development. ,, .,.;,'.]) J] ,.. ■-.■• ■..■;.,. .:■(►■> 

(1A) "Behavioral health assessment" means a more thorough and comprehensive exami- 
nation by a mental health professional of the behavioral health issues and needs identified 
during an initial behavioral health screening by which the mental health professional shall 
identify the type and extent of the behavioral health problem and make recommendations 
for treatment interventions. 

(IB) "Behavioral Health Ombudsman" or "Ombudsman" means the individual responsi- 
ble for administering the Behavioral Health Ombudsman Program. , 

(1C) "Behavioral Health Ombudsman Program" or "Ombudsman Program" means the 
; program established in § 7-1131.19 to provide District residents with assistance in access- 
ing behavioral health programs and services. ■ ■■■■<'' :•.'.. i- 

(1D) "Behavioral health screening" means a brief process designed to identify youth who 
are at risk of having behavioral health disorders that warrant immediate attention, or 

166 



GOVERNMENT OF DISTRICT § 7-1131.02 

intervention, or to identify the need for further assessment with a more comprehensive 

examination. 
(IE) "Business associate" means any organization or person working in association with, 

or providing services to, a covered entity who handles or discloses Personal Health 

Information, as that term is interpreted in 45 CFR 160.103 pursuant to the Health 

Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 

1936; 42 U.S.C. § 201, note) ("HIPPA"). 
(IF) "Children or youth with mental health problems" means persons under 18 years of 

age, or persons under 22 years of age and receiving special education, youth, or child 

welfare services, who: 

(A) Have, or are at risk of having, a diagnosable mental, behavioral, or emotional 
disorder (including those of. biological etiology) which substantially impairs the mental 
health of the person or is of sufficient duration to meet diagnostic criteria specified within 
the DSM-IV or the ICD-9-CM equivalent (and subsequent revisions), with the exception 
of substance abuse disorders, mental retardation, and other developmental disorders, or 
seizure disorders, unless those exceptions co-occur with another diagnosable serious 
emotional disturbance; and 

(B)(i) Demonstrate either functional impairments or symptoms that significantly dis- 
rupt their academic or developmental progress or family and interpersonal relationships; 
or 

(ii) Have an emotional disturbance causing problems so severe as to require 
significant mental health intervention. 

(2) "Consumers of mental health services" means adults, children, or youth who seek or 
receive mental health services or mental health supports funded or regulated by the 
Department. 

(3) "Core services agency" means a community-based provider of mental health services 
and mental health supports that is certified by the Department and that acts as a clinical 
home for consumers of mental health services by providing a single point of access and 
accountability for diagnostic assessment, medication-somatic treatment, counseling and 
psychotherapy, community support services, and access to other needed services. 

(4) "Court" means the Superior Court of the District of Columbia. 

(5) "Cultural competence" means the ability of a provider to deliver mental health 
services and mental health supports in a manner that effectively responds to the languages, 
values, and practices present in the various cultures of the provider's consumers of mental 
health services. 

(6) "Department" means the Department of Mental Health. 

(7) "Director" means the Director of the Department of Mental Health. 

(8) "District" means the District of Columbia. 

(9) "DSM-rV" means the most recent version of the Diagnostic and Statistical Manual of 
Mental Disorders. 

(10) "DSM-D7 'V Codes" means "V" codes as defined in the most recent version of the 
Diagnostic and Statistical Manual of Mental Disorders. 

(10A) "DYRS" means the Department of Youth Rehabilitation Services. 

(11) "Hospital" means a public or private institution, or part thereof, operating in the 
District and licensed to provide inpatient care and certified to provide treatment for 
persons suffering from physical or mental illness. 

(12) "ICD-9-CM" means the most recent version of the International Classification of 
Diseases Code Manual. 

(13) "Individual Plan of Care" means the individualized service plan for a child or youth 
with or at risk of mental health problems, including processes for the appropriate transition 
of youth receiving mental health services and mental health supports from the system of 
care for children, youth, and their families into the system of care for adults. 

(14) "Individual Recovery Plan" means the individualized service plan for a person with 
mental illness. 

(15) "Joint consent" means a process established by the Department to enable all 
participating providers to rely on a single form in which a consumer of mental health 
services consents to the use of his or her protected mental health information by 

167 



§ 7-1131.02 D.C. OFFICIAL CODE 

participating providers in the Department's organized health care arrangement, for the 
purposes of delivering treatment, obtaining payment for services and supports rendered, 
and performing certain administrative operations, such as quality assurance, utilization 
review, accreditation, and oversight. 

(16) "Medical Assistance Administration" means the division of the District's Department 
of Health responsible for administering the District's Medical Assistance Program. 

(17) "Medical Assistance Program" and "Medicaid Program" mean the program de- 
scribed in the Medicaid State Plan and administered by the Medical Assistance Administra- 
tion pursuant to § l-307.02(b) and title XIX of the Social Security Act, approved July 30, 
1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.). 

(18) "Mental health services" means the services funded or regulated by the Department 
for the purpose of addressing mental illness or mental health problems. "'!''. 

(19) "Mental health supports" means the supports funded or regulated by the Depart- 
ment for the purpose of addressing mental illness or mental health problems. 

(19A) "Oak Hill Youth Center" means the secure juvenile facility currently operated by 
DYRS in Laurel, Maryland. 

(20) "Organized health care arrangement," means an organized system of health care in 
which more than one provider participates, and in which the participating providers hold 
themselves out to the public as participating in a joint arrangement, and either: 

.,.:•. (A) Participate in joint activities that include utilization review, under Chapter 8 of 
Title 44 in which health care decisions by participating providers are reviewed by other 
participating providers or by a third party on their behalf; or ■■'■'■; 

(B) Participate in quality assessment and improvement activities under Chapter 8 of 
Title 44 in which mental health services or mental health supports provided by participat- 
ing providers are assessed by other participating providers or by a third party on their 
behalf. .,■-'■ 

(21) "Participating provider" means a provider of mental health services or mental health 
., supports that, through participation: in the joint consent promulgated by the Department 

pursuant to § 7-1131.14(6), joins the. organized health care arrangement created by the 
Department. , ...;,. J( . ( 

(22) "Partnership Council" means, the council appointed by the Director pursuant to 
,. § 7-1131.10 to advise him or her with ; respect to departmental matters. - : 

(23) "Personal representative" means, an individual, whether or not an attorney, desig- 
nated by a consumer of mental health services to represent the consumer's personal 
interests with regard to his or her mental health, needs. >. ; ■., .;.; 

(24) "Persons with mental illness" means persons, who: ■■■■':" 

(A) Have a diagnosable mental, behavioral, or .emotional disorder (including 'those of 
biological etiology) which substantially impairs the/mental health of the person or, is of 
sufficient duration to meet diagnostic criteria specified within the DSM-D7;. orbits 
,. ICD-9-CM equivalent (and subsequent revisions). with the exception of DSM-jI^ 1C V" 
codes, substance abuse disorders, mental retardation, and pther ; developmental disorders, 
or seizure disorders, unless those exceptions co-occur with, another diagnosable ( Rental 
,.;■■ illness; and ■' .'.'. 1 .,'...'„.'■"■■, '>. ".rt- 

(B)(i) Are 18 years of age or over and are not consumers of special education, ..youth, 
or child welfare services; or • ",.-,,,"', , *, 

■-., . (ii) Are 22 years of age or over. ■., , 

(25) "Physician" means a person licensed under the laws of the District to practice 
medicine, or a person who practices medicine in the employment of the government of the 

. United States. 

(26) "Protected mental health information" means information regulated by Chapter 12 
of this title. . , ; 

, (27) "Provider" means an individual or entity that: 

(A) Is duly licensed or certified by the Department to provide mental health services 
' '.. or mental health supports; or 

(B) Has entered into an agreement with the Department to provide mental health 
services or mental health supports. 

168 



GOVERNMENT OF DISTRICT § 7-1131.02 

(28) "Regulate" means all non-professional certification, licensing, monitoring, and relat- 
ed functions, except fire inspections, food service inspections, the issuance of building 
permits and certificates of occupancy, all inspections relating to these permits and 
certificates, and all responsibilities under § 1-307.02. 

(29) "Residents of the District" means persons who voluntarily live in the District and 
have no intention of presently removing themselves from the District. The term "residents 
of the District" shall not include persons who live in the District solely for a temporary 
purpose. Residency shall not be affected by temporary absence from and the subsequent 
return or intent to return to the District. Residency shall not depend upon the reason that 
persons entered the District, except to the extent that it bears upon whether they are in 
the District for a temporary purpose. 

(29A) "Secure Facilities" means Oak Hill Youth Center, the Youth Services Center, and 
any successor facilities or new secure facilities operated by or on behalf of DYRS for youth 
in DYRS custody. 

(30) "System of care for adults" means a community support system for persons with 
mental illness that is developed through collaboration in the administration, financing, 
resource allocation, training, and delivery of services across all appropriate public systems. 
Each person's mental health services and mental health supports are based on an 
Individual Recovery Plan, designed to promote recovery and develop social, community, 
and personal living skills, and to meet essential human needs, and includes the appropriate 
integrated, community-based outpatient services and inpatient care, outreach, emergency 
services, crisis intervention and stabilization, age-appropriate educational and vocational 
readiness and support, housing and residential treatment and support services, family and 
caregiver supports and education, and services to meet special needs, which may be 
delivered by both public and private entities. 

(31) "System of care for children, youth, and their families" means a community support 
system for children or youth with mental health problems and their families, which is 
developed through collaboration in the administration, financing, resource allocation, train- 
ing, and delivery of services across all appropriate public systems. Each child's or youth's 
mental health services and mental health supports are based on a single, child-and youth- 
centered, and family-focused Individual Plan of Care, encompassing all necessary and 
appropriate services and supports, which may be delivered by both public and private 
entities. Prevention, early intervention, and mental health services and mental health 
supports to meet individual and special needs are delivered in natural, nurturing, and 
integrated environments, recognize the importance of and support for the maintenance of 
enduring family relationships, and are planned and developed within the District and as 
close to the child's or youth's home as possible so that families need not relinquish custody 
to secure treatment for their children and youth. 

(31A) "Youth" means an individual under 18 years of age residing in the District and 
those individuals classified as youth in the custody of DYRS and the Child and Family 
Services Agency who are 21 years of age or younger. 

(32) "Youth Services Center" means the secure juvenile facility currently operated by 
DYRS in the District of Columbia. 

(Dec. 18, 2001, D.C. Law 14-56, § 102, 48 DCR 7674; Mai-. 2, 2007, D.C. Law 16-192, § 5022(a), 53 DCR 
6899; June 7, 2012, D.C. Law 19-141, § 402(a), 59 DCR 3083.) 

Historical and Statutory Notes 

Effect of Amendments ■ cil and assigned Bill No. 19-211, which was re- 

D.C. Law 19-141 redesignated former par. (1) as felTed to tne Committee of the Whole. The Bill 

par. (IF); and added pars. (1), (1A), (IB), (1C), was adopted on first and second readings on 

(ID) (IE) and (31A) March 6, 2012, and March 20, 2012, respectively. 

Signed by the Mayor on April 10, 2012, it was 

Legislative History of Laws assigned Act No. 19-344 and transmitted to both 

Law 19-141, the "South Capitol Street Memorial Houses of Congress for its review. D.C. . Law 

Amendment Act of 2012", was introduced in Coun- 19-141 became effective on June 7, 2012. 

169 



§ 7-1131.04 D.G. OFFICIAL CODE 

§ 7-1131.04. Powers and duties of the Department of Mental Health. 

Historical and Statutory Notes ■.mr'-.xi 

Emergency Act Amendments For temporary (90 day) addition of 'se'c'ti6n"see 

For temporary (90 day) addition of section, see § 5012 of Fiscal Year 2013 Budget Support Con- 

§ 5012 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act ofr2012-;flp.C. 

gency Act of 2012 (D.C.. Act 19-383, June 19, 2012, Act 19 _4 13 July 2 5, 2012, 59 DCR 9290). „j , , ;l 

59DCR7764). ' J ' ' , "" 

■ .. .-■ • ;.,. ..-.' ., . , .-KCIilfi 

§ 7-1131.17. Youth behavioral health program. , : .* , .'. ",,..,.. 

(a) As of October 1, 2012, there is established within the Department, and shall.fee'niade 
available to all child development facilities, public schools, : and public . charter schools, a 
program that, at a minimum, provides participants with the topis needed to: . ; , „ : .., ;I; ., vr!! . 

(1) Identify students who may have unmet behavioral health needs; arid ', YCI \- 

(2) Refer identified students to appropriate services for behavioral health screenings and 
behavioral health assessments. , , 

(b)(1) Starting October 1, 2014, completion of the program shall be mandatory for all: 

(A) Teachers in public schools and public charter schools; ''•"' '"'"■ 

(B) Principals in public schools and public charter schools; and ' 

(C) Staff employed by child development facilities, who are subject to training^ or 
continuing education requirements pursuant to licensing regulations. ! " n 

(2) In addition to the individuals described in paragraph (1) of this subsection, the Mayor 
may determine through rulemaking other individuals who shall be required to complete 'the 
program. ™' , ' ) 

(3) The Department may make the program available to other interested individuals. 

(c) The Department shall keep a record of all participants who complete the program and 
shall provide the participants with written proof of completion. ' ,c '' ,r - r '' 

. (d) If so approved by the Office of the State Superintendent for Education, the program 
may count towards professional development credits. V<!<i= 

(Dec. 18, 2001, D.C. Law 14-56, § 115b, as added June 7, 2012, D.C. Law 19-141, § 402(b), ,59, DCR 
3083.) '■■'.;..'.;.■•: ,.'."' 

Historical and Statutory Notes 

Emergency Act Amendments Legislative History of Laws 

For temporary (90 day) amendment of section For history of Law 19-141 r see i notes under 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year § 7-1131.02. . 

2013 Budget Support Emergency Act of 2012 (D.C. Miscellaneous Notes "',.'.'.' 

Act 19-383, June 19, 2012, 59 DCR 7764). ' ! !^ ^* \ 'IniV ' '■* ' ' ' 

■ „ ' ,' . , , ' „ Section 601 of D.C. Law 19-141 provides: 

For temporary (90 day) amendment of section ■■ ■ "•' : ' ' >' '- - 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year Sec. 601, Applicability, .: ;;;; .,; ■ -;,,.; , ,-,/' 

2013 Budget Support Congressional Review Emer- "This: act shall apply, upon/ the inclu&ipn/'O'f its 

gency Act of 2012 (D.C. Act 19-413, July 25, 2012, fiscal effect, in an approved . budget and, financial 

59 DCR 9290). plan." '"' : . '-/V' ,'"'''';; '"' '""''' 



('.¥ \ ? ' 



7^-1131.18. Behavioral health resource guide. . r > u 

. " ...'-..■":',''... )■■;;!, -PMA t 
(a) By March 30, 2013, the Department shall: 

(1) Create a behavioral health resource guide for parents and legal guardians that 
includes information on: 

(A) Common signs and symptoms of behavioral health issues facing youth; 

(B) The roles and responsibilities of District government agencies in promoting and 
protecting the behavioral health of youth; ;' ' 

(C) How a parent or legal guardian can obtain a behavioral health screening or 
assessment for a youth; and 

(D) Governmental and non-governmental resources for youth behavioral health pro- 
grams and services in the District, including contact information; and i. '" U.' ).!'■.■'. 

170 



GOVERNMENT OF DISTRICT § 7-1131.19 

(2) Create a behavioral health resource guide for a youth that includes: 

(A) Age-appropriate information on common behavioral health issues facing youth; 

(B) A description of the impact behavioral health issues can have on a youth's 
development; and 

(C) Governmental and non-governmental resources for youth behavioral health pro- 
grams and services in the District, including contact information. 

(b) The Department shall make the behavioral health resources guides available to the 
public both in print and on its website. The Department shall also make the guides available 
to other District agencies and organizations for distribution. 

(c) The Department shall update the behavioral health resource guides as appropriate. 

(Dec. 18, 2001, D.C. Law 14-56, § 115c, as added June 7, 2012, D.C. Law 19-141, § 402(b), 59 DCR 
3083.) 

Historical and Statutory Notes 

Emergency Act Amendments Legislative History of Laws 

For temporary (90 day) amendment of section For history of Law 19-141, see notes under 
601 of D.C. Law 19-141, see § 7004 of Fiscal Year § 7-1131.02. 

fl^of^^^a^^n^^ 2012 (D -°- Miscellaneous Notes 

Act 19-383, June 1 2012, 59 DCR 7764). ^^ ^ Qf ^ ^ ^ ^ 

For temporary (90 day) amendment of section 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year Sec - 60L Applicability. 

2013 Budget Support Congressional Review Emer- "This act shall apply upon the inclusion of its 

gency Act of 2012 (D.C. Act 19-413, July 25, 2012, fiscal effect in an approved budget and financial 

59 DCR 9290). plan." 

§ 7-1131.19. Behavioral Health Ombudsman Program. 

(a) As of October 1, 2012, there is established within the Department a Behavioral Health 
Ombudsman Program ("Ombudsman Program") to provide District residents with assistance 
in accessing behavioral health programs and services. 

(b)(1) Pursuant to its power set forth in § 7-1131.04(15) arid subject to paragraph (2) of 
this subsection, the Department may contract with a qualified private, community-based, 
nonprofit corporation, organization, or consortia of organizations, with offices located in the 
District, to operate the Ombudsman Program. The Department shall establish the criteria 
that an entity must meet to be selected to operate the Ombudsman Program; provided, that 
the criteria include: 

(A) A public interest mission; 

(B) Qualified staff and organizational expertise in: 
(i) Behavioral health services; 

(ii) Behavioral health coverage under health benefits plans; 
(iii) Public education and community outreach; and 
(iv) Conflict resolution; 

(C) No direct involvement in the licensing, certification, or accreditation of a behavior- 
al health facility, a health benefits plan, or with a provider of a behavioral health service; 

(D) No direct ownership or investment interest in a behavioral health facility, health 
benefits plan, or any behavioral health service; 

(E) No participation in the management of a behavioral health facility, health benefits 
plan, or any behavioral health service; and 

(F) No agreement or arrangement with an owner or operator of a behavioral health 
service, a behavioral health facility, or health benefits plan that could directly or 
indirectly result in remuneration, in cash or in land, to the entity. 

(2) If the Department is unable to contract with an outside entity that meets the criteria 
described in this section, or determines it to be in the best interests of the District, the 
Department shall operate the Ombudsman Program. 

(c)(1) The Ombudsman Program shall be administered by the Behavioral Health Ombuds- 
man, who shall be appointed by the Director of the Department of Mental Health. 

171 



§7^-1131.19 D.C. OFFICIAL CODE 

(2) The Ombudsman shall be a person: '' ' '; 

(A) With substantive experience in the fields of behavioral health and patient advoca- 
; cy; and 

(B) Who is an employee of the nonprofit corporation, organization, or consortia of 
.■■':,; organizations contracted to operate the Ombudsman Program; provided, that this 

subparagraph shall not apply if the Department operates the Ombudsman Program 
.,.■;. pursuant to subsection (b)(2) of this section. 
: (d) The Ombudsman Program may use volunteers with appropriate training and supervi- 
sion to assist with counseling, outreach, and other tasks. \ ,,.,/ 

(e) The Ombudsman, or his or her designee; shall: ' ■ 

■, : (1) Assist consumers in resolving problems concerning behavioral health providers, 
behavioral health facilities, and access to behavioral health care services and programs by 
referring consumers to appropriate regulatory agencies when their problems are within an 
agency's jurisdiction, guiding consumers through existing complaint processes, and assist- 
ing consumers in informally resolving problems through discussions with their providers. 

(2) Educate District residents about behavioral health coverage under:' . ' ..' 

(A) Health benefits plans; 

(B) Managed care health plans; and - 

(C): Any other behavioral health services options. • '-■ 

(3) Refer individuals, when appropriate, to other District agencies or organizations -for 
assistance with behavioral health services and programs; . ..' ' 

(4) Work jointly, when appropriate, with other District agencies or organizations u to 
promote greater access to behavioral health services and programs; 1 , ^ 

(5) Provide information regarding problems and concerns of consumers of behavioral 
health services and make recommendations for resolving those problems and concerns: to: 

(A) The public; , 

■■•■ (B) Government agencies; 

(C) The Council of the District of Columbia; and 

(D) Any other person or entity that the Ombudsman considers appropriate; 

(6) Implement innovative strategies and adopt tools to maximize outreach to District 
residents; 

(7) Identify and help resolve complaints on behalf of consumers and assist consumers 
With the filing, pursuit, and resolution of formal and informal complaints and appeals 
through existing processes, including: 

(A) Internal reviews conducted by health benefits plans; . ■ ; 

(B) Grievance and appeals processes for the HealthCare Alliance and Medicaid; and 

(C) External reviews before independent review organizations, and the Department of 
Mental Health; and 

(8) Comment on behalf of District residents on related behavioral health policy legisla- 
tion and regulations in the District. 

(f) Within 30 days of the end of each fiscal year, the Ombudsman shall submit a report to 
the Department, the Council, and the Mayor, and make it available to the .public upon 
request, regarding the activities of the Ombudsman' Program during the prior! fiscal year, 

"including: ''" ';■;'; V;/';: '...... v. 1 ' :\'':^t.^-Zt [i ' 

(1) An accounting of all activities undertaken; ... , , / '/■ .,,".■■ ,' , ,', ','",;,'.,! ',^v' r , ,{ 

(2) An evaluation and analysis of the Ombudsman Program's performance; )■•,/'. ,.r ( 

(3) A complete fiscal accounting; ' .'," ; ',-■';.■,' ,■ '-,-<; '■{,, i[ f ;[n 

(4) Issues of concern to District residents; and ., •;,-,>' (T) 

(5) Any recommendations to improve access to behavioral health services. . t . n i- n , t: , 
(g)(1) The Ombudsman shall establish an Advisory Council to consist of members Repre- 
senting at least: ;; 

■■■■ • (A) Consumers; 

(B) Three consumer advocacy organizations; 

(C) The Department of Mental Health; 

(D) The Department of Health Care Finance; ■,■■'■>: 

172 



GOVERNMENT OF DISTRICT § 7-1131.19 

(E) The Addiction Prevention and Recovery Administration; 

(P) The Child and Family Services Agency; 

(G) The Department of Youth Rehabilitation Services; 

(H) Health benefits plans; 

(I) Health care facilities; 

(J) The Health Care Ombudsman Program; 

(K) Health professionals with expertise in a person's overall social, emotional, and 
psychological well-being and development; 

(L) The District of Columbia Public Schools; and 

(M) The Public Charter School Board. 
(2) The Advisory Council shall meet quarterly to perform, at a minimum, the following 
functions: 

(A) Advise the Ombudsman on program design and operational issues; 

(B) Recommend changes in the Ombudsman Program; and 

(C) Review data on cases handled by the Ombudsman Program and make recommen- 
dations based on that data. 

(h)(1) The Ombudsman may review the records of a health-benefits plan, or other provider, 
pertaining to an individual's medical records; provided, that the Ombudsman received the 
appropriate consent from the individual or his or her legal representative. 

(2) The Ombudsman shall maintain the confidentiality of the records in accordance with 
all federal and state confidentiality and disclosure laws. 

(3) No information or records maintained by the Ombudsman Program shall be disclosed 
to the public unless the individual or individual's legal representative has provided the 
appropriate consent for the release of the information or records. 

(i) The Ombudsman Program shall enter into a business, associate agreement with the 
Department of Health Care Finance to allow the Ombudsman Program access to information 
about the Medicaid eligibility status of consumers whom it serves and that requires the 
Ombudsman Program to safeguard that information pursuant to the Privacy Rule (45 C.F.R. 
§§ 160 and 164) adopted pursuant to HIPPA 

(j) The Ombudsman shall request and promptly receive, with reasonable notice, the 
cooperation, assistance, and data from other District agencies, as necessary to enable the 
Ombudsman Program to investigate a resident's complaint under District or federal law. 

' (k) No employee, subcontractor, designee, or representative of the Ombudsman Program 
shall be held liable for the good-faith performance of responsibilities under this section; 
except, no immunity shall extend to criminal acts or other acts that violate District or federal 
law. 

(1) No person, agency, provider, or facility shall obstruct the Ombudsman, or his or her 
designee, from the lawful performance of any duty or the exercise of any power, 

(m) Nothing in this section shall prohibit a corporation, organization, or consortia of 
organizations contracted to operate the Ombudsman Program from raising private money 
through foundation resources to supplement government funds for the Ombudsman Pro- 
gram.". 

(Dec. 18, 2001, D.G. Law 14-56, § 115d, as added June 7, 2012, D.C. Law 19-141, § 402(b), 59 DCR 
3083.) 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 5002 of Fiscal Year 2013 Budget Support Con- 

§ 5002 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act of 2012 (D.C. 

gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19-413, July 25, 2012, 59 DCR 9290). 

59 DCR 7764). jr or temporary (90 day) amendment of section 

For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 

601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Congressional Review Emer- 

2013 Budget Support Emergency Act of 2012 (D.C. gency Act of 2012 (D.C. Act 19-413, July 25, 2012, 

Act 19-383, June 19, 2012, 59 DCR 7764). 59 DCR 9290). 

173 



§ 7^1131.19 D.Gj OFFICIAE SG0DE 

Legislative History of Laws "Sec. 601. Applicability. ! i 

^Ti^no 01 ' 1 ' ° f LaW 19 ~ 141 ' S6e n ° teS Undel " " This act sha11 a PP!y u P° n the inclusion of its 



§ 7-1131.02, 
Miscellaneous Notes 
Section 601 of D.C. Law 19-141 provides 



barred; defense to action; 
of expenses. :. 


payment 


. ■-,- ■■.•• 


.' ::i'i')q 

■•:'li'i(J([Ji 

,ii' ( "i ilis 


■ ■ ■ ■ 


- ■ s . j 

■;;!.t oi 


3; Definitions. 


;;.'ajq.l', 
.!•"(' (i) 








■blif.":"0 



fiscal effect in an approved budget and). financial 
plan." 01, 

.■'''!) 

■= SUBTITLE D ■ .,■■ ; ,'' 

CITIZENS WITH MENTAL RETARDATION. 

Chapter 13 :f 

Rights of Citizens with Mental Retardation. ; 

Subchapter I. Statement of Section 

!i :: Purpose; Definitions. 

Section 

7-1301,02; Statement of purpose. ' ' 

Subchapter V. Rights of Persons . i 

with Mental Retardation. 

7-1305.13. Initiation of action to compel rights; 
; , ■ ■ civil remedy; sovereign immunity 



Subchapter I. Statement of Purpose; Definitions, 

§ 7-1301.02. Statement of purpose. 

Notes of Decisions 

1. Construction and application 2. Construction with federal law .,,., 

Plaintiffs, mentally disabled adult women who District of Columbia was not unduly prejudiced 

had received habitation services from District of by amendment to § 1983 complaint of plaintiffs^ 

Columbia, were entitled to leave to amend their who, as mentally disabled women who had received 

§ 1983 complaint to specifically allege that consti- habilitation services from District, sought to spe'cif- 

tutional due process required District's Depart- ically allege battery claims in relation to npn- 

ment of Disability Services to obtain court order emergency surgeries that District approved to be 

prior to authorizing non-emergency abortions to performed on plaintiffs, where amended complaint 

be performed on plaintiffs, where case law related maintained core allegation that surgeries were" mi- 

to this issue Was unsettled and neither plaintiffs properly authorized under District's Mentally !Re- 

nor District fully briefed issue on plaintiffs' motion : tarded Citizens Constitutional Rights and Dignity 

for leave. Does I through III v. District of Colum- Act, such that District's discovery obligations, in 

bia, 2011, 815 F.Supp.2d 208. Federal Civil Pr'oce- defending new battery claims were same as flHth 

dure ®= 839.1 respect to unconstitutional 'consent dalms. .'"Does.I 

Plaintiffs, mentally disabled adult women whb : trough III v. District ^f ;Columbia; 20|ir8l5 
had received habilitation services from District of . F-Supp.2d 208. Federal Civil Procedure ®=< 839.1 
Columbia^ were entitled to leave to amend • their : Plaintiffs,' mentally disabled 'adult 'women' who 
complaint to allege violations of District's Mentally had received habilitation services from District of 
Retarded Citizens Constitutional Rights and Digni- Columbia, were entitled to leave, to amend their 
ty Act and its guarantee of rights to receive habili- §■ 1983 complaint to allege that District's Depart- 
tation services suited to their needs and humanely ment of Disability Services violated one plaintiffs 
provided with full respect for person's dignity and liberty interests in bodily integrity by failing to 
personal integrity in relation to District's authori- obtain consent from her family for non-emergency 
zation of abortions performed on plaintiffs, where, abortion, and that this .failure was pursuant to 
if plaintiffs succeeded on their § 1983 claim that custom or policy of arranging for fictitious coh- 
cdnsent Was constitutionally inadequate under due sents, where claim simply restated pending issue 
process, they may have been able to make out of whether District violated plaintiffs' liberty inter- 
claims for violation of Act's guarantees. Does I ests by failing to obtain consent from, or ignoring 
through III v. District of Columbia, 2011, 815 or overriding wishes of, those persons authorized 
F.Supp.2d 208. Federal Civil Procedure ®= 841 to consent on plaintiffs' behalf. Does I through 

174 



GOVERNMENT OF DISTRICT § 7-1405 

III v. District of Columbia, 2011, 815 F.Supp.2d because consent to surgery by District's Depart- 
208. Federal Civil Procedure <s= 839.1 ment of Disability Services was constitutionally 
Plaintiffs, mentally disabled adult women who inadequate under due process, where, if such con- 
had received habilitation services from District of sent was in fact inadequate, plaintiffs may have 
Columbia, were entitled to leave to amend their been able to make out battery claims. Does I 
§ 1983 complaint to specifically allege that abor- through III v. District of Columbia, 2011, 815 
tions performed on plaintiffs constituted batteries F.Supp.2d 208. Federal Civil Procedure <s= 841 

Subchapter V. Rights of Persons with Mental Retardation. 

§ 7-1305.13. Initiation of action to compel rights; civil remedy; sovereign 
immunity barred; defense to action; payment of expenses. 

Notes of Decisions 
1. Construction and application provided with full respect for person's dignity and 

Plaintiffs, mentally disabled adult women who personal integrity in relation to District's authori- 

had received habitation services from District of z „ atl ° n °S f f ° rtl ° nS H "It ■ ° ^ o!^' ^l 

r. , , . .... . , . , , . ., . if plaintiffs succeeded on their § 1983 claim that 

Columbia, were entitled to leave to amend then- consent wag const itutionally inadequate under due 

complaint to allege violations of Districts Mentally pr0 cess, they may have been able to make out 

Retarded Citizens Constitutional Rights and Digni- claims for violation of Act's guarantees. Does I 

ty Act and its guarantee of rights to receive habili- through III v. District of Columbia, 2011, 815 

tation services suited to their needs and humanely F.Supp.2d 208. Federal Civil Procedure <s= 841 

SUBTITLE E 
HEALTH CARE SAFETY NET. 

Chapter 14 
Health Care Safety Net Administration. 

Section 

7-1405. Authorization to contract for comprehen- 
sive health care services. 



§ 7-1405. Authorization to contract for comprehensive health care services. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 5112 of Fiscal Year 2013 Budget Support 

see § 5112 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, m.C. Act 19-413, July 25, 2012, 59 DCR 9290). 
2012, 59 DCR 7764). 

SUBTITLE G 
AIDS HEALTH CARE. 

Chapter 16 
AIDS Health Care. 

Subchapter III. Senior HIV/AIDS Education Section 

and Outreach Program. 7-1632. Senior HIV/AIDS Education and Out- 

Q reach Program establishment. 

7-163°" Definitions. 7 " 1633 - Program administration. 

175 



§7-1405 D.C. OFFICIAL ©ODE 



Subchapter III. Senior HIV/AIDS Education and Outreach Program. 



• ni 



§7-1631. Definitions. a 

For the purposes of this subchapter, the term: ' , ., X." '.■■■, 

(1) "AIDS" means acquired immune deficiency syndrome. 

(2) "Department" means the Department of Health. . 

(3) "HIV" means the human immunodeficiency virus. 

(4) "Program" means the Senior HIV/AIDS Education and Outreach Program •estab-, 
, fished by § 7-1632. , "'"' ' " 

(5) "Senior" means an individual 50 years of age or older. 
(July 13, 2012, D.C. Law 19-152, § 2, 59 DCR 5136.) r, r, f v. 

Historical and Statutory Notes '"" "'" "!."' 

Legislative History of Laws second readings on April 17, 2012, and May.l, 

Law 19-152, the "Senior HIV/AIDS Education 2012, respectively. Signed by the Mayor on May 

and Outreach Program Establishment Act of 11, 2012, it was assigned Act No. 19-358 and 

2012", was introduced in Council and assigned Bill transmitted to both Houses of Congress for its 

No. 19-524, which was referred to the Committee review. D.C. Law 19-152 became effective on July 

on Health. The Bill was adopted on first and 13,2012. | :"; 

§ 7-1632. Senior HIV/AIDS Education and Outreach Program establishment. 

There is established within the Department the Senior HrV/AIDS Education and Outreach 
Program, which shall train seniors to provide information to other seniors on how to prevent 
the transmission of HrV and to engage in education and outreach on issues related to HrV 
and AIDS with community-based providers that serve seniors in the District. 
(July 13, 2012, D.C. Law 19-152, § 3, 59 DCR 5136.) 

Historical and Statutory Notes 

Legislative History of Laws ''".".,' 

For history of Law 19-152, see notes under , , 
§ 7-1631. '" 

§ 7-1633. Program administration. ..-'.' , : -< 

(a) The Department shall: 

' i'::.L,'- . ■■ ' ■ .■:.■; ■ . 

.. : , (1) Administer the Program; .... ....... „ .- 

i (2) Recruit seniors to participate in the Program; . ;> ••■■;...,.,-, . ■■:<■'■. 

(3) Determine the training curriculum; and ',' ."'■.,..... ■', . < 

(4) Schedule no fewer than 8 education or community-outreach events. annually, which 
shall be led by seniors who have successfully completed the Program. Each year, at least 
one event shall be held in each ward. i-V 

(b) The Department may contract with a community provider to train the seniors partici- 
pating in the Program. ' '/''■, 

(c) Subject to the availability of funds, the Department may provide a stipend to Program 
participants. 

(July 13, 2012, D.C. Law 19-152, § 4, 59 DCR 5136.) 

Historical and Statutory Notes ...,>,, 

Legislative History of Laws i 

For history of Law 19-152, see notes under ■■. :■>. 

§ 7-1631. .;■■'■ ; -' .:.:, V 

176 



GOVERNMENT OF DISTRICT 



§ 7-1671.06 



SUBTITLE G-ii 
USE OF MARIJUANA FOR MEDICAL TREATMENT. 

Chapter 16B 
Use of Marijuana for Medical Treatment. 

Section 

7-1671.06. Dispensaries and cultivation centers. 



§ 7-1671.06. Dispensaries and cultivation centers. 

Historical and Statutory Notes 



Temporary Amendments of Section 

Section 2 of D.C. Law 19-146 added subsec. 
(g-4) to read as follows: 

"(g-l)(l) A cultivation center shall not be locat- 
ed within a Retail Priority Area, as designated 
pursuant to section 4 of the Retail Incentive Act of 
2004, effective September 8, 2004 (D.C. Law 
15-185; D.C. Official Code § 2-1217.73), and as 
approved by the Council pursuant to the Great 
Streets Neighborhood Retail Priority Areas Ap- 
proval Resolution of 2007, effective July 10, 2007 
(Res. 17-025; 54 DCR 7194). 

"(2) Any applicant with a pending application for 
a registration to operate a cultivation center within 
a Retail Priority Area as identified in paragraph 
(1) of this subsection shall be allowed to modify the 



application within 180 days of the effective date of 
the Medical Marijuana Cultivation Center Emer- 
gency Amendment Act of 2012, effective April 7, 

2012 (D.C. Act 19-339; 59 DCR ), without 

negatively_ affecting the current status of the appli- 
cation. 

"(3) The prohibition set forth in paragraph (1) of 
this subsection shall apply only to applications 
pending as of the effective date of the Medical 
Marijuana Cultivation Center Emergency Amend- 
ment Act of 2012, effective April 7, 2012 (D.C. Act 
19-339; 59 DCR ).". 

Section 4(b) of D.C. Law 19-146 provides that 
the act shall expire after 225 days of its having 
taken effect. 



SUBTITLE J 
PUBLIC SAFETY. 

Chapter 25 
Firearms Control. 



Unit A. Firearms Control Regulations. 
Subchapter I. Definitions. 



Section 

7-2501.01. 



Definitions. 



Subchapter II. Firearms and 
Destructive Devices. 



7-2502.01. 
7-2502.02. 

7-2502.03. 

7-2502.04. 



7-2502.05. 
7-2502.06. 

7-2502.07a. 



Registration requirements. 

Registration of certain firearms pro- 
hibited. 

Qualifications for registration; infor- 
mation required for registration. 

Fingerprints and photographs of ap- 
plicants; application in person re- 
quired. . 

Application signed under oath; fees. 

Time for filing registration applica- 
tions. 

Expiration and renewal of registra- 
tion certificate. 



Section 

7-2502.08. 



Duties of registrants. 



Subchapter IV. Licensing of 
Firearms Businesses. 

7-2504.05. Revocation of dealer's license. 

7-2504.08. Identification number on firearm re- 
quired before sale. 

7-2504.09. Certain information obtained from or 
retained by dealers not to be used 
as evidence in criminal proceed- 
ings. 

Subchapter V. Sale and Transfer of Firearms, 
Destructive Devices, and Ammunition. 

7-2505.03. Microstamping. , 

Subchapter VI. Possession of Ammunition. 



7-2506.01. 



Persons permitted to possess ammu- 
nition. 



177 



§ 7-1671.06 



D.C. OFFICIAL CODE 



Section 
Subchapter VII. Miscellaneous Provisions. 

7-2507.02. Responsibilities regarding storage of 

firearms. 
7-2507.06. Penalties. 
7-2507.11. Rules. 



Section 

Subchapter VIII. Gun Offender Registry. 

7-2508.01. Definitions. ..'..f.!i..j 

Unit B. Strict Liability for Illegal Sale 
and Distribution of Firearms. 

-7-2531.03;. i Exemptions; ia 1 



Unit A. Firearms Control Regulations' 



;■•-;(!■ irfiKI 



Subchapter I. Definitions. ... „,.,„„.„. u * 



■M\ 



§ 7-2501.01. Definitions. 



■m 



fioii')')rt 
D.IYclI V 



Historical and Statutory Notes " ,,'"'''' '-"\' )Y 

Emergency Act Amendments For temporally (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(a) of the Firearms Amendments Congress 

see § 2(a) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11,. 2012, 59 ( D .c. Act 19-394, July 18, 2012, 59 DCR 8694). 

DCR5H6). -;; .■;;■ 



Subchapter II. Firearms and Destructive Devices. 
§7-2502.01. Registration requirements. 



")il l.N 

•i-vr .:, 



Historical and Statutory Notes i; ^ 

Emergency Act Amendments • For temporary (90 day) amendment bf i: sec'tion ; , 

For temporary (90 day) amendment of section, see § 2(b) of the Firearms Amendments Sdn'gre's- 

see § 2(b) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D .c. Act 19-394, July 18, 2012, 59 DCR 8694). 

DCR 5116). " : " 



Notes of Decisions 



Standing 3.5 



1. Validity • ^ 

Requirement of mere registration of handguns 
was longstanding, accepted for century in diverse 
■ states and cities and currently applicable to more 
than one fourth of nation by population, and hence 
such requirement in Firearms Registration 
Amendment Act was presumptively lawful; conse- 
quently, mere handgun registration requirement in 
Act did not violate Second Amendment, since pre^ 
sumption stood unrebutted. Heller v. District of 
Columbia, C.A.D.C.2011, 670 F.3d 1244, 399 
U.SApp.D.C. 314. Weapons ®= 106(3) 

2. Construction and application 

Substantial relationship or reasonable "fit" exist- 
ed between prohibition in Firearms Registration 
Amendment Act on assault weapons and maga- 
zines' holding more than ten rounds and important 
interests of District of Columbia in protecting po- 
lice officers and controlling crime, and thus prohi- 
bition passed muster under Second Amendment 
through intermediate scrutiny, since evidence dem- 
onstrated that ban on assault Weapons Was likely 
to promote government's interest in crime control 



in densely populated urban area that was District 
of Columbia and evidence demonstrated that large- 
capacity magazines tended to pose danger to inno- 
cent people and particularly to police officers. 
Heller v. District of Columbia, C.A.D.C.2011, 670 
F.3d."1244, 399 U.SApp:D.C. . 314. Weapons ®= 

106(3) ^ , ,;,-;:. ;:';,,:.: .:,. i-b;. ii;!'.- .I ;<;■ 

Intermediate scrutiny, rather than strict scruti- 
ny, applied to determination of whether registra- 
tion requirements in Fireariiis 1 Registration 
Amendment Act impinged upon Second Amend- 
ment right, since Act's registration'req'uirements 
did not prevent individual from possessing firearm 
in his home or elsewhere, whether for self-defense 
or hunting, or any other lawful purpose. Heller y. 
District of Columbia, C.A.D.C.2011, 670 F.3d 1244, 
399 U.SApp.D.C. 314.. Weapons ©=> 106(3) 

3.5. Standing 

Eighteen year-old defendant had standing to 
assert Second Amendment challenge to charges for 
unregistered firearm and unlawful possession of 
ammunition if he could show he met statutory 
requirements for obtaining registration Certificate 
and license to possess firearms by showing, at 
evidentiary hearing, that application was accompa- 
nied by notarized statement of his parent or 



178 



CURRENT BANKRUPTCY 
LAW FROM SITTING 
BANKRUPTCY JUDGES. 



Bankruptcy Law Manual 

by Hon. Nancy C. Dreher and Hon. Joan N. Feeney 

Coauthored by sitting bankruptcy judges, the 
Manual presents authoritative analysis of 
recent developments in bankruptcy law - 
including BAPCPA 2005. It provides: 

• Insight into practice in bankruptcy courts 

• Discussion of splits of authority in various 
jurisdictions 

• Applicable procedural rules 

• Time-saving practice pointers 

It offers complete examinations of consumer 
and business bankruptcy cases, plus in-depth, 
updated treatment of general topics under the 
code, such as jurisdiction, property of the estate, 
the trustee's powers, the automatic stay, 
discharge, and claims. 



For more information or to order: 
Go to west.thomson.com 
or calll-800-344-5009 



S$Q& THOMSON REUTERS" WEST® 



9 2009 Thomson Reutere FD-13 



■.;■. :'lri! i ;'-lnr;« ! .'-y-irn.'iiri hr. . 

■: ' i 'fi!)l(l!|-,Ht1 br-lihl.idil 

,■ ■.: •'''". in;?:, ■ [ 'c,\y^ ^ho » 

' ' ■ . • j '''V:V|,;|.ri] Wti 
. :..■■■ : :•,■■. ^v.rbsib 



GOVERNMENT OP DISTRICT 

guardian that he had permission to own and use 
firearm to be registered and that parent or guard- 
ian assumed civil liability for all damages resulting 
from actions of defendant in use of firearm to be 
registered. Headspeth v. District of Columbia, 
2012, 2012 WL 2049175. Weapons «=> 106(3) 

12. Weight and sufficiency of evidence 

Meaningful evidence, not mere assertions, was 
required to justify predictive judgments by Dis- 
trict of Columbia in enacting Firearms Registra- 
tion Amendment Act to show substantial relation- 
ship between novel gun registration requirements, 
such as applied to long guns, and important gov- 
ernmental interests of protecting police officers 
and aiding in crime control, to pass muster under 
Second Amendment through intermediate scrutiny. 
Heller v. District of Columbia, C.A.D.C.2011, 670 



§ 7-2502.03 

Note 1 

F.3d 1244, 399 U.S.App.D.C. 314. Weapons «=> 
106(3) 

15. Review 

Remand was required in action under Second 
Amendment to give parties opportunity to develop 
more thorough factual record, where District of 
Columbia had provided mere assertions, rather 
than meaningful evidence, to justify its predictive 
judgments in enacting Firearms Registration 
Amendment Act to show substantial relationship 
between novel gun registration requirements, in- 
cluding all registration requirements as applied to 
long guns, and important governmental interests 
of protecting police officers and aiding in crime 
control. Heller v. District of Columbia, C.A.D.C. 
2011, 670 F.3d 1244, 399 U.S.App.D.C. 314. Fed- 
eral Courts ®=> 947 



§ 7-2502.02. Registration of certain firearms prohibited. 

Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 2(c) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 
DCR 5116). 



For temporary (90 day) amendment of section, 
see § 2(c) of the Firearms Amendments Congres- 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



Notes of Decisions 



1. Validity 

Assault weapons and large capacity ammunition 
feeding devices constituted weapons that were not 
in common use, were not typically possessed by 
law-abiding citizens for lawful purposes, and were 
"dangerous and unusual" within meaning of Heller, 
and thus, assault weapons and large capacity am- 
munition feeding devices fell outside scope of the 
core Second Amendment right, and thus, the bans 
on assault weapons and large capacity ammunition 
feeding devices under District of Columbia's Fire- 
arms Registration Amendment Act were constitu- 
tional; because the bans did not implicate the core 
Second Amendment right, the court did not need 
not to assess whether these laws survived interme- 
diate scrutiny. Heller v. District of Columbia, 
2010, 698 F.Supp.2d 179, affirmed in part, vacated 



399 U.S.App.D.C. 314. 



in part 670 F.3d 1244, 
Weapons ®=> 106(3) 

4. Evidence 

Meaningful evidence, not mere assertions, was 
required to justify predictive judgments by Dis- 
trict of Columbia in enacting Firearms Registra- 
tion Amendment Act to show substantial relation- 
ship between novel gun registration requirements, 
such as applied to long guns, and important gov- 
ernmental interests of protecting police officers 
and aiding in crime control, to pass muster under 
Second Amendment through intermediate scrutiny. 
Heller v. District of Columbia, C.A.D.C.2011, 670 
F.3d 1244, 399 U.S.App.DC. 314. Weapons ®= 
106(3) 



§ 7-2502.03. Qualifications for registration; information required for registra- 
tion. 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 2(d) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 
DCR 5116). 



Historical and Statutory Notes 

For temporary (90 day) amendment of section, 
see § 2(d) of the Firearms Amendments Congres- 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



Notes of Decisions 



1. Validity 

Defendant convicted of attempted possession of 
an unregistered firearm failed to establish, as a 
matter of plain error, that firearms law violated 



Second Amendment as applied to him, where the 
record on appeal did not establish that defendant 
met all requirements for registering a firearm, 
such as those pertaining to mental health history, 



179 



§7-2502.03 D.C. OFFICIAL CODE 

Note i 

prior 'adjudication for firearm negligence, and vi- on registering handguns that was ruled Uncohstitu*- 

sion. Lowery v. U.S., 2010, 3 A.3d 1169, certiorari tional in the United States Supreme Court's decir 

denied 132 S.Ct. 1090, 181 L.Ed.2d 982. Criminal sion in Heller, were compatible with the core interr 

j uSw (g-, io30(2) est protected by the Second Amendment, and were 

',.'■'■■ ■■■■'■■-■. ■ not unconstitutional. Lowery v. U.S., 2010,; 3 A.3d 

, , .Statutes establishing qualifications for firearms 1169, certiorari denied 132 S.Ct. 1090,181 ,L ; Ed.2d 

registration, that were severable from the flat ban 982. Weapons ®=» 106(3) 

§ 7-2502-04. Fingerprints and photographs of applicants; application in per- 

:.'■'■„■■■■■, ^ '.son, required. .. ':.,.[. 1 ' [ ]'%' l] 

>■!.-■.. Historical and Statutory Notes '=! ; 

Emergency Act Amendments For temporary (90 day) amendment of section, 

" For temporary (90 day) amendment of section, see § 2(e) of the Firearms Amendments Congres- 

see § 2(e) of Firearms Emergency Amendment sional Review Emergency Amendment Act , of 20i2 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D . C . Act 19-394, July 18, 2012, 59 DCR' 8694). 

DCR 5116). • "■>'<• .■■■■■■ ■■'• '''•■■'■;'- ■•■■ ■■■■■ ■■ 

7';. Notes of ^Decisions t - 

1. Validity , one's home, and therefore, proceeding to the inter- 

Because no individual could posSels- an4^egis^ ' mediate scrutiny analysis, the court had to first 

* j a • u,„ tv <■ • * «/n i ™v,- ■ ■ <■ examine whether there was an important govern- 

tered firearm in the District of Columtaa pursuant mental interegt in ^^g Che recitation 

to District of Columbia's Firearms Registration Requirements. Heller v. District of Columbia, 

Amendment Act, the Act's registration require- 20i0, 698 F.Supp.2d 179, affirmed in part,, vacated 

merits plainly 1 implicated the core Second Amend' Ifi part 670 F.3d 1244, 399 U.S.App.D.Cl ,3l4. 

ment right, that is, the right to defend one's self in Weapons ©^ 106(3) ''•'■ ■""' 

§ 7-2502.05. Application signed under oath; fees. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

i For temporary (90 day) amendment of section, see § 2(f) of the Firearms Amendments Cohgres- 

see § 2(f) of Firearms Emergency Amendment Act sional Review Emergency Amendment Act of 2012 

of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR ( D . C . Act 19-394, July 18, 2012, 59 DCR 8694). 

5116).- , ,11 

§7-2502.06. Time for filing registration applications. •; 

Historical and Statutory Notes «•>' 

Emergency Act Amendments •' - For, temporary (90 day) repeal of section, see 

For temporary- (90 day) repeal of section, see ,§ 2(g) of .the Firearms Amendments Congressional 
§ 2(g) of Firearms Emergency Amendment Act of 'Review Emergency Amendment Act of 2012 (D.C. 
2012 (D.C. Act 19-352, May 11, 2012, 59 DCR Act 19-394, July 18, 2012, 59 DCR 8694). 

5116). , ,'„ ,, ,. , .. ( 

■::,'-h ■ '.. . ':"' i ' .'.," , ."'■t'li'iVJii ;j:Ki , "«;"i>)Hi';:y''"' ' ■:') :-;:■■.: ViVi- , : ,'UV'Mk') .-, ,; ),;:;; 'n,):.- 1. ;';; 

.TiiOJI 

§ 7-2502.07a. Expiration and renewal of registration certificate. 

Historical and Statutory Notes - 

Emergency Act Amendment's For temporary (90 day) amendment of section, 
: For 1 temporary (90 day) amendment of section, see § 2(h) of the Firearms Amendments Congress- 
see § 2(h) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D-C . A ct 19-394, July 18, 2012, 59 DCR §6941 
DCR 5116). 



180 



GOVERNMENT OF DISTRICT § 7-2505.03 

§ 7-2502.08.' Duties of registrants. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section 

For temporary (90 day) amendment of section heading, see § 2(i) of the Firearms Amendments 

heading, see § 2(i) of Firearms Emergency Congressional Review Emergency Amendment Act 

Amendment Act of 2012 (D.C. Act 19-352, May 11, of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 

2012, 59 DCR 5116). 8694). 

Subchapter IV. Licensing of Firearms Businesses. 
§ 7-2504.05. Revocation of dealer's license. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(j) of the Firearms Amendments Congres- 

see § 2(j) of Firearms Emergency Amendment Act sional Review Emergency Amendment Act of 2012 

of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR ( D .C. Act 19-394, July 18, 2012, 59 DCR 8694). 
5116). 

§ 7-2504.08. Identification number on firearm required before sale. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(k) of the Firearms Amendments Congres- 

see § 2(k) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 (D .C. Act 19-394, July 18, 2012, 59 DCR 8694). 

DCR 5116). J 

§ 7-2504.09. Certain information obtained from or retained by dealers not to 
be used as evidence in criminal proceedings. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 2(1) of the Firearms Amendments Congressional 

§ 2(1) of Firearms Emergency Amendment Act of Review Emergency Amendment Act of 2012 (D.C. 

2012 (D.C. Act 19-352, May 11, 2012, 59 DCR A ct 19-394, July 18, 2012, 59 DCR 8694). 

5116). . j . . 

Subchapter V. Sale and Transfer of Firearms, 

Destructive Devices, and Ammunition. 

§ 7-2505.03. Microstamping. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(m) of the Firearms Amendments Congres- 

see § 2(m) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D . C . Act 19-394, July 18, 2012, 59 DCR 8694). 

DCR 5116). ■ . j . . 



181 



§ 7-2506.01 D.G OFFICIAL 3<3€>DE 

Subchapter VI. Possession of Ammunition. .^ .,; (CS--T § 

§ 7-2506.01. Persons permitted to possess ammunition. 

Historical and Statutory Notes ■ V-I 

Emergency Act Amendments For temporary (90 day) amendment of section 1 ,' 

For temporary (90 day) amendment of section, see § 2(n) of the Firearms Amendments Congress? 

see § 2(n) of Firearms Emergency Amendment sional Review Emergency Amendment Act of '2'dfe 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 (D .C. Act 19-394, July 18, 2012, 59 DCR 8694). 

DCR5116). ; ,■...:, ; ,. ." u ./■ : ' 

Notes of Decisions 1 ^ r ,\. ■.,■,;■■: ■;..-,;, r) <,.. I'. <H' {■■'"■■* \' ':• 

2.5. Aiders and abettors evidentiary hearing, that application was accompa- 

Eighteen year-old defendant had standing to nied.by. notarized statement_ of his parent or 

assert SecondAmendment challenge to charges for ^SS^^^S &&£&$ 

unregistered firearm and unlawful possession of iaMi ag S umed civil liability for all damages resulting 

ammunition if he could show he met statutory fr om actions of defendant in use of firearm to be' 

requirements for obtaining registration certificate, registered:. • Headspeth V. District of • Columbiay 

and license to possess firearms by showing, at 2012, 2012 WL 2049175. Weapons ©=» 106(3) -Ml I <*; 

Subchapter VIL' -MisfcEtLANEous Provisions; - .<• -','.' ■J**?.!-! ?; 
§ 7-2507.02. Responsibilities regarding storage of firearms. 

Historical and Statutory Notes >i «'l 

■■ • ()?' '' •■>')•■ 

Emergency Act Amendments For temporary (90 day) amendment of.sectipn, 

' For temporary (90 day) amendment of section, see § 2(o) of the Firearms Amendments jGpngres-j 

see § 2(o) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-552, May 11, 2012, 59 (D . C . Act 19-394, July 18, 2012, 59 DCR,8694). 

DCR 5116). ,..:., .!!g£-V >;> 

Notes of Decisions 

1.' Validity l sion in H eller, were compatible with the core inter- 
Statutes establishing qualifications for firearms est protected by the Second Amendment,- and ; ,were 
registration, that were severable from the flat ban not unconstitutional. Lpwery v. U.S., 2010,j3 if A.:3d 
on registering handguns that was ruled unconstitu- 1169, certiorari denied 132 S.Ct. 1090, 181 Li.Ed.2d 
tional in the United States Supreme Court's, deei- 982. Weapons ®=> 106(3) , a('I) '.' '<■':■. 

§ 7-2507.06. Penalties. 

Historical and Statutory Notes ? -•; ; 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(p) of the:Eife"aiTri*s' Almendmente' Congress 

see § 2(p) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May U, 2012, 59 (D.C.; Actj fl 19^394, July 18, 2012, 59 DCR 8694). 
DCR 5116). 

§ 7-2507.il. Rules. ■' :'■;:.':, ',' ;: - ;,l / ; ' : ;' ';,'';. m 

Historical and Statutory Notes 

Emergency Act Amendments ' For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(q) of the Firearms Amendments Congres- 

see § 2(q) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D .C. Act 19-394, July 18, 2012, 59 DCR 8694). 
DCR 5116). 

182 



GOVERNMENT OF DISTRICT § 7-2531.03 

Note 2 

Subchapter VIII. Gun Offender Registry. 
§ 7-2508.01. Definitions. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(r) of the Firearms Amendments Congres- 

see § 2(r) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 ( D .c. Act 19-394, July 18, 2012, 59 DCR 8694). 
DCR5116). 

Unit B. Strict Liability for Illegal Sale 
and Distribution of Firearms. 



§ 7-2531.03. Exemptions. 



Notes of Decisions 



1. Construction and application tion and intentional infliction of emotional distress 
Special conservator of the peace (SCOP) ap- brought by a special conservator of the peace 

pointed under Virginia law could not demonstrate (SCOP), who was appointed under Virginia law, 

that either the Law Enforcement Officer Safety against the District of Columbia in connection with 

Act (LEOSA) or the District of Columbia code warrant for his arres t for carrying an unregistered 

provision exempting law enforcement officers from ^^ in ^ Digtrict wMch wag then nul]ified 

the code s firearms license provisions were so un- .,, , „,, , . , , , , 

ambiguous that a reasonable officer could not be- ™ thout ^ to *er action where court had ^grant- 

lieve that SCOP was subject to the firearms laws, ed summary judgment to the District of Columbia 

as required to establish § 1983 claim that the on SCOP's federal-law claims, and the common law 

District would violate his Fourth Amendment claims involved the novel interpretation of whether 

rights by arresting and prosecuting him for carry- a SCOP qualified as an "officer" for purposes of 

ing an unregistered firearm in the District; SCOP District of Columbia Code provision exempting law 

was not an employee of a governmental agency, enforcement officers from the code's firearm's li- 

S? ^"^on^wr 1 ^^^ 011 !, 810 - F - Su PP- 2d cense provisions. Ord v. District of Columbia, 

rmefX a pons^l32 3nnge anC 2011 ' 810 F-Su P P-2d 261, affirmed 2012 WL 

1155808, rehearing en banc denied. Federal 

2. Jurisdiction Courts ©=» 18 
Court would not exercise supplemental jurisdic- 
tion over common law claims of malicious prosecu- 

TITLE 8 

ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION 

SUBTITLE B. WASTE DISPOSAL AND MANAGEMENT. . 
Chapter Section 

8. Litter Control Administration 8-802 

SUBTITLE E. ANIMAL CONTROL AND PROTECTION. 
18. Animal Control 8-1804 

SUBTITLE B 
WASTE DISPOSAL AND MANAGEMENT. 

Chapter 8 
Litter Control Administration. 

Section 

8-802. Enforcement of regulations. 

183 



§7-2531.03 T S D;C. OPFICIAIi^GlODB 

Note 2 

. ",'''' ' . : " ■ 'V) .-• v"si .if ' 7 ' "■ ;,; jf ' ':)^y-' 
§ 8-802. Enforcement of regulations. 

.;-^:"v : ",/: ■■«■ J0,:-::k'S-T 8 
Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) amendment of section, 59 DCR 8491). .i-ii 

see § 4, of the Sign Regulation Emergency Amend- 



SUBTITLE E 
ANIMAL CONTROL AND PROTECTION. 

" - .-T|' 



:=,. :. r-i 



V- 'i''i!Chapter,vl8'ij; : ,:' 
Animal Control. 

Subchapter I. General. ..,.„!.._■;,«<.■■.•'?:,,..,,.;.:/«." 



.<ni ■iiii'i.i.!) 



Section '•.■"■'■ ■<h^---:' 
fel8Q4. . Licenses and fees. 



' ; ' ; Subchapter I. General, 

§8-1804. Licenses and fees. 



) huii 

: ! i'.A 

: id 



Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of: section'/ 

For temporary (90 day) amendment of section, see § 8005 of Fiscal Year 2013 Budget Support 

see § 8005; of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.G. Act 19^383, June 19, m C. Act 19-413, July 25, 2012, 59 DCR 9290)! 

2012, 59 DCR 7764). ■-,-'.>:■ < ; /' :'; : 

title 9 . .■■:;;::, :^r 

TRANSPORTATION SYSTEMS. 

SUBTITLE I. HIGHWAYS, BRIDGES.OSTREETS, AND ALLEYS. 

Chapter Section 

2. Street arid Alley Closing and Acquisition Procedures. \ .i'; . i . fy..y; flM)^Ki ':> 94-204.01 

SUBTITLE III. NATIONAL CAPITAL REGION TRANSPORTATION. 
11, National Capital Region Transportation. V. tV! '..... . ... . :) :S\ '.\\\\^\ 9-1107.01 

;.''.'.■/' ' SUBTITLE IV. MISCELLANEOUS , . .. . „ " :; ^'P 

.-....■ !. . ..■ .iitJiKViiKJiiiiifijaA lO'JWIOijI •JOj.'IiJ .8 

11A. Bus Shelters , ,, . , ..,,,.,,.,. ,., 9-1159 

i"';S?---'.i .lo'.'inof.) Si-iiTsinA .81" 

SUBTITLE I 
HIGHWAYS, BRIDGES, STREETS, AND ALLEYS. 

■ Chapter 2 ; r --^ ■'■'■'■ *■■ ^■■■■-^ 

Street and Alley Closing and Acquisition Procedures. 

Unit A. Street- and Alley Closings. Section 

Subchapter IV. Public Space Names 9-204.01. Scope of Council's authority. 

and Commemorative Works. , ,.■ : \-y';H 

Part A. Naming of Public Space. , ;?i . ;;^] i;; : >: 

184 



GOVERNMENT OF DISTRICT 



§ 9-204.01 



Unit A. Street and Alley Closings. 

Subchapter IV. Public Space Names and Commemorative Works. 
Part A. Naming of Public Space. 
§ 9-204.01. Scope of Council's authority. 

Historical and Statutory Notes 



Miscellaneous Notes 

Designation of Adolf Cluss Court: Section 2 of 
D.C. Law 19-154 provides: 

"Sec. 2. Pursuant to sections 401 and 403a of 
the Street and Alley Closing and Acquisition Pro- 
cedures Act of 1982, effective March 10, 1983 (D.C. 
Law 4-201; D.C. Official Code §§ 9-204.01 and 
9-204.03a) (Act'), and notwithstanding section 407 
of the Act (D.C. Official Code § 9-204.07), the 
Council designates the alley between C Street, 
S.E., and D Street, S.E., and parallel to 12th 
Street, S.E., and 13th Street, S.E., as Adolf Cluss 
Court'." 

Designation of Elizabeth P. Thomas Way: 'Sec- 
tion 2 of D.C. Law 19-159 provides: 

"Sec. 2. Pursuant to sections 401 and 403a of 
the Street and Alley Closing and Acquisition Pro- 
cedures Act of 1982, effective March 10, 1983 (D.C. 
Law 4-201; D.C. Official Code §§ 9-204.01 and 
9-204.03a), the Council symbolically designates 
Quackenbos Street, N.W., between Georgia Ave- • 
nue, N.W., and 13th Street, N.W., in Ward 4, as 
'Elizabeth P. Thomas Way'." 

Designation of "Where Lincoln's Legacy Lives"; 
Section 2 of D.C. Law 19-160 provides: 



"Sec. 2. Pursuant to sections 401 and 403a of 
the Street and Alley Closing and Acquisition Pro- 
cedures Act of 1982, effective March 10, 1983 (D.C. 
Law 4-201; D.C. Official Code §§ 9-204.01 and 
9-204.03a) ("Act"), and notwithstanding section 407 
of the Act (D.C. Official Code § 9-204.07), the 
Council symbolically designates the public space of 
the 500 block of 10th Street, N.W., between E 
Street, N.W., and F Street, N.W., as 'Where Lin- 
coln's Legacy Lives' and orders that a street sign 
be placed at the intersection of 10th Street, N.W., 
and E Street, N.W., and at the intersection of 10th 
Street, N.W., and F Street, N.W., that reads 
"Where Lincoln's Legacy Lives'." 

Designation of Hilda H.M. Mason Way: Section 
2 of D.C. Law 19-163 provides: 

"Sec. 2. Pursuant to sections 401 and 403a of 
the Street arid Alley Closing and Acquisition Pro- 
cedures Act of 1982, effective March 10, 1983 (D.C. 
Law 4-201; D.C. Official Code §§ 9-204.01 and 
9-204.03a) ('Act'), and notwithstanding section 407 
of the Act (D.C. Official Code § 9-204.07), the 
Council symbolically designates the 1400 block of 
Roxanna Road, N.W., as 'Hilda H.M. Mason 
Way'." 



SUBTITLE III 
NATIONAL CAPITAL REGION TRANSPORTATION. 

Chapter 11 
National Capital Region Transportation. 

Subchapter IV. Washington Metropolitan 
Area Transit Authority Compact. 

Section 

9-1.107.01. Congressional consent given to Com- 
pact amendment. 



185 



§ 9-1107.01 ; D.c: f OFFimAJMX0©©E 

Subchapter IV. Washington Metropolitan Area Transit Authority Compact. 
§ 9-1107.01. Congressional consent given to Compact amendment. 

Notes of Decisions 

5. Actions and proceedings^-In general passengers, since policy was the product of a dis- 

Washington Metropolitan Area Transit Authori- cretionary decision. Robinson v. Washington Met- 

ty Compact mandates collective bargaining be- , ropolitan Area Transit Authority, 2012, 2012 WjL 

tween the Transit Authority and its employees, 1513053. Carriers <s=> 306(1) 

%£ 1\ s ti fJ^ e . Na t ional , Labor Relations Act's Bus passenger's suit against Washington Metro- 

(NLRA) definition of employee to the designation' o]itan Transit Authority (WMATA), alleging driv- 

• of that party with whom the Authority must bar- ^ negligent operation of the bus caused: her to 

gain. Price v Washington Metropolitan Area M after she had boarded fte bus but bef she 

Transit Au honty 2012, 41 A3d 526 petition for sat d was not balTed b ^ ; ^ ^ 

certiorari ffled 2012 WL 3598716. Labor and Em- ^ ^ s claiffi J ed ^ | he dliver was 

ployment «=» 1115; Labor and Employment «= heg]igent £ hot e foDowmg WMATA's safety 'dj- 

rectives by failing to comply with WMATA's rule 

8. Sovereign immunity, actions and pro- that he check that passengers were secure Btid 

ceedings .prepared' for vehicle movement arid by failing to 

Bus passenger's suit against Washington Metro- follow WMATA's directive that bus drivers start 

politan Transit Authority (WMATA) alleging that gradually, stop smoothly, and turn slowly; thepe 

driver's negligent operation of the bus caused her directives specifically prescribed guideline's K%r 

to fall after she had boarded the bus but before passenger safety which, on their face, left driver ni> 

she sat down, was barred by sovereign immunity choice but to adhere. Robinson v. Washingtbn 

to the extent passenger challenged WMATA's poli- Metropolitan Area Transit Authority, 2012; ; ' i 2'0l2 

cy of allowing drivers to proceed with standing WL 1513053. Carriers <&=> 306(1) ;; ■: •■■:{ -v.iG 



SUBTITLE IV 
MISCELLANEOUS. 

Chapter 11A 
Bus Shelters. 



<-; .v:P>" 



»<t:;;':;;>1" 



Section 

9-1159. Relation to other provisions of law. 



• IT t> 



§ 9-1159. Relation to other provisions of la^-j/ 'jplf C H- ;! ■. liAI/u Mr?.? - F'i 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) repeal of section, see 59 DCR 8491).j) [Fpr^^f l>p,M 
§ 5 of the Sign Regulation Emergency Amend- JJl "' i llc """ * 

title 1 io -..^'-v-^^'.-v;;: ,:;.•:''"' 

PARKS, PUBLIC BUILDINGS, GROUNDS, AND SPACE., J 1 

SUBTITLE II. PUBLIC BUILDINGS AND GROUNDS. 

Chapter Section 

5A. Department of General Services. 10-551.07 

8. Sale of Public Lands 10-801 

SUBTITLE IV. SPECIFIC LOCALES. 

18. Waterfront Park at the Yards 10-1805 

186 



GOVERNMENT OF DISTRICT § 10-801 

SUBTITLE II 
PUBLIC BUILDINGS AND GROUNDS. 

Chapter 5A 
Department of General Services. 

Section 

10-551.07. Representative program. 

§ 10-551.07. Representative program. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) addition of section, see 

For temporary (90 day) addition of section, see § 1022 of Fiscal Year 2013 Budget Support Con- 

§ 1022 of Fiscal Year 2013 Budget Support Emer- gressional Review Emergency Act of 2012 (D.C. 

gency Act of 2012 (D.C. Act 19-383, June 19, 2012, Act 19-413 j u i y 25, 2012, 59 DCR 9290). 
59DCR7764). 

Chapter 8 
Sale of Public Lands. 

Subchapter I. General. 

Section 

10-801. Authorization; description of property; 
submission and approval of resolution; 
reacquisition rights; notice. 



Subchapter I. General. 

§ 10-801. Authorization; description of property; submission and approval of 
resolution; reacquisition rights; notice. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2132 of Fiscal Year 2013 Budget Support 

see § 2132 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 

Emergency Act of 2012 (D.C. Act 19-383, June 19, mc. Act 19-413, July 25, 2012, 59 DCR 9290). 
2012, 59 DCR 7764). 

SUBTITLE IV 
SPECIFIC LOCALES. 

Chapter 18 
Waterfront Park at the Yards. 

Section 

10-1805. Naming rights for the Waterfront Park. 

187 



§10-^1805 r n,s;:'?:Ji.e^owiCimxxim 

§ 10-i805. Naming rights for the Waterfront Park. 

Historical and Statutory Notes , ( 

Emergency Act Amendments Realignment and Closure Homeless Assistance 

For temporary (90 day) additions, see §§ 2 to 6 Submission Emergency Approval Act of 2012 (D.C. 
of the Walter Reed Army Medical Center Base Act 19-393, July 18, 2012, 59 BCR 8690). 



a; ;:)_■. 






: : '!"ii :, f-i ]y 



Mr-.-; lVr : lCM cf .b 



liri.KtiW 



188 



•■:■ 



HklUsi'fsiilOfi''. Til .f'SJIHB'Ififlli'I 



DIVISION II 
JUDICIARY AND JUDICIAL PROCEDURE 

TITLE 11 

ORGANIZATION AND JURISDICTION OF THE COURTS. 

Chapter . Section 

7. District of Columbia Court of Appeals 1 1-723 

25. Attorneys 11-2503 

Chapter 7 
District of Columbia Court of Appeals. 

Subchapter II. Jurisdiction. 

Section 

11-723. Certification of questions of law. 

Subchapter II. Jurisdiction. 
§ 11-723. Certification of questions of law. 

Notes of Decisions 

1. In general sonal jurisdiction statute was uncertain and resolu- 

Certification of question to District of Columbia tion of question could affect numerous individuals 

Court of Appeals was warranted, as to whether and corporations that petitioned the federal gov- 

petition sent to federal government agency located ernment. Companhia Brasileira Carbureto de Cal- 

in District provided basis for establishing personal icio v. Applied Indus. Materials Corp., C.AD.C. 

jurisdiction over petitioner when plaintiff has al- 2011, 640 F.3d 369, 395 U.SApp.D.C. 106, certified 

leged that petition fraudulently induced unwar- question answered 35 A3d 1127, answer to certi- 

ranted government action against it, since scope of fled question conformed to 464 Fed.Appx. 1, 2012 

"government contacts" exception to District's per- WL 555650. Federal Courts ©=> 392 

Chapter 25 
Attorneys. 

Section 

11-2503. Disbarment upon conviction of crime; 
procedure for censure, suspension, or 
disbarment. 

§ 11-2503. Disbarment upon conviction of crime; procedure for censure, sus- 
pension, or disbarment. 

Notes of Decisions 

Extortion , offenses involving moral turpitude 7. - — - Forgery and fraud offenses, offenses 

10.5 involving moral turpitude 

Offenses involving moral turpitude 4-11 Disbarment of attorney who pled guilty to felony 

Extortion 10.5 offense of knowingly and fraudulently making a 

189 



§ 11-2503 

Note 7 

false oath and account in relation to a bankruptcy 
'petition was mandatory; crime of bankruptcy fraud 
inherently involved moral turpitude. In re Zo- 
drow, 2012, 43 A.3d 943. Attorney and Client ©= 
59.14(6); Bankruptcy ©= 3861 

8.3. Witness tampering, offenses involv- 
ing moral turpitude 

Attorney's conviction of witness and evidence 
tampering involved crime of moral turpitude per 
se, warranting disbarment; essence of offense, pur- 
posefully destroying or concealing evidence, or at- 
tempting to do so, was contrary to justice and 
grave threat to due process of law. In re Johnson, 
2012, 48 A3d 170. ■ Attorney and Client <®= 
59.14(6) 

For purposes of attorney disciplinary pro- 
ceeding, offense of witness tampering constitut- 
ed offense of moral turpitude per se; conviction 
required proof of the knowing or- intentional; in-, 
terference with the enforcement of law. 'In re' 
Blair, 2012, 40 A3d 883. Attorney and Client 
®= 39 

10.5, Extortion , offenses involving moral 

turpitude 

Attorney's conviction of extortion under the col- 
or of official right involved crime of moral turpi- 
tude per se, warranting disbarment; essence of 
offense, a public official obtaining payment to 
which he was not entitled, knowing that payment 
was made in return for official acts, involved base- 
ness, vileness, or depravity in the private and 



D.C. OFFICIAL CODE 

social duties owed to attorney's fellow men or to 
society in general, and offense clearly required 
intentional dishonesty for personal gain. In re 
Johnson, 2012, 48 A3d 170. Attorney and Client 
©= 59.14(5); Attorney and Client ©= 59.14(6) . 

14.5. Due process 

Due process claims brought by attorney against 
District of Columbia Court of Appeals, bar associ- 
ation, and bar officials, stemming from bar disci- 
plinary proceedings that resulted in attorney's 
suspension, were barred under doctrine of claim 
preclusion; appellate court had already held -that 
District statute; and , bar irules. expressly:permitte;d 
suspension of attorney . charged ..from, .practice, 
pending disciplinary hearing. Richardson v. Dis- 
trict of Columbia, 2010, 711 F.Supp.2d 115, af- 
firmed and remanded in part 2012 WL 1155776, 
rehearing en banc denied 2012 WL 2371523. 
'.(Judgment «=! '828,9(7); Judgment <S=> 828.17(4) 

18. Determination of penalty 

For purposes of attorney disciplinary proceed- 
ings, fact that attorney pled guilty to attempted 
rather than completed crimes involving moraL.turr 
pitude did not warrant consideration of any sanc- 
tion less than mandatory disbarment, as same 
requisite intent, as well as proof that he undertook 
substantial steps toward commission of crimes of 
which he was convicted, was necessary for convic- 
tion. In re Johnson, 2012, 48 A3d 170.- .JAltorhey! 
and Client «=» 59.14(6) 



TITLE 12 

RIGHT TO REMEDY. 



M;l 111 



Chapter 
3- Limitation of Actions. 



Section 
,12-301 



Chaptei* 3 
Limitation oJiiActions. 



Section , , 7'iiiSeictjon 

12-301, Limitation of time for bringing actions. 12-309. 

12-302. Disability of plaintiff. 



Actions against District of Columbia for 
unliquidated damages; time for^npjiice: 



>) umh'rmm nora; i.ir> ; "(' r 



§ 12-301. Limitation of time for bringing actions. 



• "in r yn.'t:iKi'» *ii>." 



'"Ti: 



3. Conflicts of law '■ '■'■'■' 

Because § 1983 and the statute providing for 
recovery for neglect to prevent wrongs which a 
person knows are conspired to be performed dp 
not have any built-in statute of limitations, courts 
in the District of Columbia apply the three-year 
statute of limitations imposed by D.C. law. Philo- 
gene v. District of Columbia, 2012, 2012 WL 
1893580. Civil Rights <s=> 1379 .■„..' 



Notes of Decisions 

10. Fraud, limitation applicable to action 

Borrower- knew or had reason to know of forged 
signature on loan application when she received 
loan that resulted from application, thereby trig- 
gering three-year statute of limitations, under Dis- 
trict of Columbia law, for borrower to bring fraud 
claim against mortgage brokerage and its broker. 
Pricer v. Deutsche Bank, 2012, 842 F.Supp.2d 162; 
Limitation of Actions ®= 100(12) „ ■..- ,uil 



190 



JUDICIARY AND JUDICIAL PROCEDURE 



14. Injuries to property, limitation appli- 
cable to action 

Three-year general limitations period under Dis- 
trict of Columbia law, rather than one year period 
for intentional torts, applied to Bivens claims by 
officer with United States Park Police (USPP), 
alleging violations of his Fourth and Fifth Amend- 
ment rights. .McDonald v. Salazar, 2011, 831 
F,Supp.2d 313, affirmed in part 2012 WL 3068440. 
United States '<s=> 50.10(4); United States <s=> 50.20 

15. Legal malpractice, limitation applica- 
ble to action 

Additional discovery was warranted prior to rul- 
ing on motions for summary judgment filed by law 
firms and attorneys in legal malpractice action 
asserting that clients' claims based on their failure 
to file translation of their patent application were 
barred by statute of limitations, where clients 
claimed that did not have any knowledge of any 
injury resulting from attorneys' failure to file until, 
at earliest, date on which Federal Circuit denied 
their petition for panel rehearing, and parties had 
yet to engage in discovery. Seed Co., Ltd. v. 
Westerman, 2012, 840 F.Supp.2d 116. Federal 
Civil Procedure ®=?2553 

18. Labor and employment claims, limi- 
tation applicable to action 

Former employee's claim for penalties under 
ERISA based on employer's retirement commit- 
tee's failure to provide her with certain requested 
documents related to her retirement plan accrued 
when she received committee's response to her 
request for documents, where participant knew 
that response was deficient, and assumed that 
committee had provided her everything it was 
going to provide. Walker v. Pharmaceutical Re- 
search and Mfrs. of America, 2011, 827 F.Supp.2d 
8. Limitation of Actions <s=> 95(14) 

Appropriate statute of limitations for former 
District of Columbia (DC) employee's disability 
discrimination claims against DC under Rehabilita- 
tion Act, which did not specify the applicable limi- 
tations period, was the one-year limitations period 
set out in District of Columbia's Human Rights Act 
(HRA) for claims of unlawful discrimination, as 
opposed to default choice of DCs three-year limi- 
tations period for personal injury claims; a Reha- 
bilitation Act claim was far more similar to an 
HRA claim than it was to an ordinary personal 
injury claim, and borrowing HRA's limitations pe- 
riod would not stymie policies underlying Rehabili- 
tation Act. Jaiyeola v. District of Columbia, 2012, 
40 A.3d 356. Civil Rights <s=> 1530; Federal 
Courts <&=> 1040.1 

21. Contracts in general, limitation appli- 
cable to action 

Under District of Columbia law, university stu- 
dent's claims against university and university offi- 
cials for breach of contract, breach of the duty of 
good faith and fair dealing, fraud in the induce- 
ment, intentional infliction of emotional distress, 
and negligent infliction of emotional distress, in 
connection with the non-renewal of his full wres- 



§ 12-301 

Note 25 

tling scholarship, accrued, for limitations purposes, 
on date that student received letter informing him 
that his scholarship would not be renewed and that 
he had been removed from the wrestling team, 
rather than when his appeals to the university 
were denied. LoPiccolo v. American University, 
2012, 840 F.Supp.2d 71. Limitation of Actions <s=> 
95(4.1); Limitation of Actions <s=> 95(9); Limitation 
of Actions ©=100(12) 

Claim brought by former trustees against Ar- 
menian genocide museum sponsor, alleging breach 
of contract with respect to sponsor's failure to 
reissue promissory note, accrued under District of 
Columbia law when reasonable time elapsed for 
trustees to take legal action to enforce promissory 
note. Armenian Assembly of America, Inc. , v. 
Cafesjian, 2011, 772 F.Supp.2d 20, subsequent de- 
termination 772 F.Supp.2d 129, motion to amend 
denied 811 F.Supp.2d 120. Limitation of Actions 
«= 46(6) 

25. Accrual of right of action or defense — In 
general 

Under District of Columbia law, salvager's claim 
against Republic of Colombia for conversion of 
sunken treasure at ancient shipwreck site accrued, 
and three-year limitations period began to run, on 
date Republic first attempted to take full owner- 
ship of'^shipwreck site. Sea Search Armada v. 
Republic of Colombia, 2011, 821 F.Supp.2d 268. 
Limitation of Actions e=» 55(5) 

Under District of Columbia law, discovery rule 
did not apply to toll three-year period for salvager 
to bring breach of contract action against Republic 
of Colombia, related to agreement for recovery of 
sunken treasure from ancient shipwreck site, since 
salvager knew of alleged breach when Colombian 
Parliament had enacted law eliminating all of sal- 
vager's property rights in treasure, and salvager 
had previously filed suit against Republic on iden- 
tical claim in Republic of Colombia. Sea Search 
Armada , v. Republic of Colombia, 2011, 821 
F.Supp.2d 268. Limitation of Actions <s=> .95(9) 

Under District of Columbia law, salvager's 
breach of contract claim against Republic of Co- 
lombia accrued, and three year limitations period 
began to run, no later than date it discovered that 
Republic had denied it permission to perform full 
salvage operations at ancient shipwreck site and 
that Republic had declared itself owner of entire 
shipwreck site. Sea Search Armada v. Republic of 
Colombia, 2011, 821 F.Supp.2d 268. Limitation of 
Actions <s=> 95(9) 

Under District of Columbia law, borrower's 
claim that mortgage lender, mortgage servicer, 
employer of substituted trustees, mortgagee of 
record, mortgage brokerages, and mortgage bro- 
kers fraudulently conspired to provide borrower 
with higher interest rate than he should have 
received and violated Consumer Protection Act 
accrued when borrower signed final loan docu- 
ments, despite borrower's contention that his bro- 
ker never disclosed existence or conditions of yield 
spread premium (YSP), where settlement state- 
ment stated that YSP would be paid "by the 



191 



§12-301 

Note 25 

.Lender" to broker, and all material terms and 
conditions of mortgage transaction, as well as re- 
quired disclosures, were provided to borrower 
when he closed his loan. Newland v. Aurora Loan 
Services, LLC, 2011, 806 F.Supp.2d 65. Limita- 
tion of Actions ©=■ 95(16); Limitation of Actions <®= 
100(12) 

•"' Under District of Columbia law, borrower's 
claim that mortgage brokerage and mortgage bro- 
ker breached their fiduciary duties by failing to 
provide him with best available mortgage rate, 
failing to provide written document describing ser- 
vice and agreement, failing to disclose yield spread 
premium (YSP) fee and broker's involvement in 
loan, charging fees for services not reasonably 
related to services performed, misrepresenting 
reason interest note offered by lender was higher 
than borrower expected, and failing to disclose 
mandatory prepayment penalty provision of origi- 
nal loan offer accrued, pursuant to discovery 1 rule, 
when borrower signed final loan documents, where 
settlement statement stated that YSP would be 
paid "by the Lender" to broker. Newland v. Auro- 
ra Loan Services, LLC, 2011, 806 F.Supp.2d 65. 
Limitation of Actions ®=> 100(12) 

Former prisoner's claims relating to reversal of 
his convictions and release from prison due to 
Brady violations, including constitutional violations 
pursuant to Bivens and § 1983, against various 
federal and District of Columbia officials accrued 
pursuant to the discovery rule under District of 
Columbia law on the date prisoner was released as 
the date prisoner discovered his injuries. Sykes v. 
U.S. Attorney for the Dist. of Columbia, 2011, 770 
F.Supp.2d 152, affirmed 2011 WL 5515568, rehear- 
ing en banc denied. Limitation of Actions ©= 
95(3); Limitation of Actions ©=> 95(15) 

30. Labor and employment claims, accru- 
al of right of action or defense 

Claims by African- American members arid offi- 
cers of District of Columbia Fire and Emergency 
Medical Services (DCFEMS) appropriately arose 
under Civil Rights Act of 1991 where they alleged 
that District "interfered with the performance of 
an existing contract [and] denied the plaintiffs the 
benefits of their contract with the city," causing "a 
sever [sic] loss of pay and prestige," and fact they 
had to enforce their § 1981 claims through remedy 
outlined in § 1983 did not change effective statute 
of limitations period for cause of action from four 
to three years. Hamilton v. District of Columbia, 
2012, 852 F.Supp.2d 139. Civil Rights «=> 1383 

District of Columbia's lulling doctrine applied to 
equitably toll the limitations periods, in former 
domestic employee's claims against former employ- 
ers for unjust enrichment, breach of contract, and 
intentional infliction of emotional distress (IIED), 
until date that employee first contacted and began 
Cooperating with FBI in criminal investigation 
against employers for human trafficking, where 
employee alleged that employers lulled her into 
inaction by exploiting her limited knowledge of 
English, misleading her about her rights under 
state law, confiscating her passport, and keeping 



/ ' D.C; OFFICIALl'GOOE 

her in isolation. : Kiwanuka v. Bakilana, 2012, 844 
F.Supp.2d 107. Limitation of Actions <&=' 13 

39. Torts in general, accrual of right of 

action or defense ' " ' 

Homeowner's tort claims alleging fraud, contrapl 
breach, negligence, and intentional infliction 'of 
emotional distress (IIED) accrued, and the District 
of Columbia's three-year limitations period began 
to run, on settlement date of her note to mortgage 
lender. George v. Bank of America N.A.',' 20ll J , 
821 F.Supp.2d 299. Limitation of Actions ©=> 
46(6); Limitation of Actions ©= 55(4);, Limitation 
of Actions ©=99(1) : , , il: ,.:;•: ,-v*. 

Under District of Columbia law, three-year limi- 
tations period began to run on female police offie 
cer's claim for intentional infliction of; emotional 
distress against police department when departr 
merit allegedly misrepresented that she if ailed- to 
comply with the qualification requirements; for her 
firearm and filed adverse, action against heri 
Moore v. District of Columbia, 2010, 686 F.Supp.2d 
88, affirmed in part, vacated inpart'and remanded 
445 Fed.Appx, 365, 2011 WL 5514057. • Limitation 
Of Actions ©=> 55(4) ■ u7 

45.5. Civil rights, accrual of right of ac- 
tions or defense ■■.;'!! 
Under District of Columbia law, three-year limi- 
tations period began to run on female police offi- 
cer's §§ 1981 and §§ 1983 claims against police 
department when department's discriminatory and 
retaliatory conduct occurred, even if the effects of 
the alleged conduct did not surface until later. 
Moore v. District of Columbia, 2010, 686 F.Supp.2d 
88, affirmed in part, vacated in part and remanded 
445 FedAppx. 365, 2011 WL 5514057. Limitation 
Of Actions «= 58(1) " i ; 

90.5. Tolling J 

Dismissal with prejudice of juvenile plaintiffs' 
Common law claims, under District of Columbia 
law, arising from police officers' alleged use Of 
batons against the plaintiffs, was not warranted; 
although plaintiffs erroneously conceded that the 
juveniles' claims were time-barred, the limitations 
period for those claims was tolled until juveniles 
reached age of majority, so that dismissal without 
prejudice was: appropriate. Rudder v. Williams, 
C.A.D.C.2012, 666 F.3d 790, 399 U.S.App.D.C. 45. 
Federal Civil Procedure «=* 1754; Federal .Civil 
Procedure @=> 1837.1 ' : ' ' " 

Allegations that descendants of Jewish Huri- 
garian collector of art promptly commenced ne- 
gotiations with Hungarian government following 
collapse of Communist rule for return of art col- 
lection, that negotiations continued until family 
member filed suit in Hungary, that Hungary ac- 
tively misled descendants for years into believing 
that it accepted their ownership rights to art- 
Work collection, and repeatedly advised thern it 
would reach favorable decision, at which time 
they could decide if further action would.be re : 
quired, were sufficient to state that District of 
Columbia's three-year limitations period for desr 
cendant's bailment claims was subject to equita- 



192 



JUDICIARY AND JUDICIAL PROCEDURE 

ble tolling, de Csepel v. Republic of Hungary, 
2011, 808 F.Supp.2d 113. Limitation of Actions 
®=> 104.5 



§ 12-309 

Note 7 



§ 12-302. Disability of plaintiff. 



Notes of Decisions 



1. Infancy 

Dismissal with prejudice of juvenile plaintiffs' 
common law claims, under District of Columbia 
law, arising from police officers' alleged use of 
batons against the plaintiffs, was not warranted; 
although plaintiffs erroneously conceded that the 
juveniles' claims were time-barred, the limitations 



period for those claims was tolled until juveniles 
reached age of majority, so that dismissal without 
prejudice was appropriate. Rudder v. Williams, 
C.A.D.C.2012, 666 F.3d 790, 399 U.S.App.D.C. 45. 
Federal Civil Procedure «£» 1754; Federal Civil 
Procedure «=» 1837.1 



§ 12-309. Actions against District of Columbia for unliquidated damages; 
time for notice. 



Notes of Decisions 



4. Necessity of notice 

African-American members and officers of Dis- 
trict of Columbia Fire and Emergency Medical 
Services (DCFEMS) were not exempt from statu- 
tory notice requirement for purposes of their claim 
for intentional infliction of emotional distress, a 
creation of D.C. common law. Hamilton v. District 
of Columbia, 2012, 852 F.Supp.2d 139. District of 
Columbia ®=> 36 

7. Timeliness of notice generally 

Employees of District of Columbia Child and 
Family Services Agency failed to comply with stat- 
utory notice requirements for claims against Dis- 
trict of Columbia, where employees notified May- 
or's office of claims against Agency for violations of 
District of Columbia Human Rights Act after filing 
lawsuit. Peters v. District of Columbia, 2012, 2012 
WL 1255139. District of Columbia ®=> 36 

Student's common law claims against District of 
Columbia for negligent supervision, negligent hir- 
ing and retention, intentional infliction of emotional 
distress, and breach of fiduciary duty were barred 
by her failure to provide timely notice to District, 
compliance with which was mandatory prerequisite 
for everyone with tort claim against District of 
Columbia. Blue v. District of Columbia, 2012, 850 
F.Supp.2d 16. District of Columbia <s=> 36 

District of Columbia statute, precluding common 
law action for wrongful termination when notice of 
injury was not given within six months of occur- 
rence, did not apply to claims that federal constitu- 
tional or statutory rights were violated, made un- 
der §§ 1983. Bowie v. Gonzales, 2006, 433 
F.Supp.2d 24, affirmed in part 642 F.3d 1122, 395 
U.S.App.D.C. 301, rehearing en banc denied, re- 
hearing denied 653 F.3d 45, 397 U.S.App.D.C. 357, 
certiorari denied 132 S.Ct. 1636, 182 L.Ed.2d 234. 
District Of Columbia ®=> 7 

Failure to provide notice of circumstances of 
injury or damage within six months, as required by 
District of Columbia statute, precluded claim of 
wrongful termination made by former employee of 
District Office of Inspector General, under District 



of Columbia common law. Bowie v. Gonzales, 
2006, 433 F.Supp.2d 24, affirmed in part 642 F.3d 
1122, 395 U.SApp.D.C. 301, rehearing en banc 
denied, rehearing denied 653 F.3d 45, 397 U.S.App. 
D.C. 357, certiorari denied 132 S.Ct. 1636, 182 
L.Ed.2d234. District Of Columbia ®=> 7 

Dates on which plaintiffs were charged with 
driving while intoxicated (DWI) were not dates on 
which plaintiffs knew or should have known that 
they were allegedly injured by miscalibrated 
breath-test machines, and thus those dates did not 
trigger the notice requirement of the statute pro- 
hibiting the maintenance of any action against the 
District of Columbia for unliquidated damages un- 
less certain written notice was provided to the 
mayor within six months after the injury was 
suffered, for purposes of the plaintiffs' negligence 
action against the District of Columbia; plaintiffs 
had no way of determining, on their charging 
dates, that they had allegedly been injured by the 
use of miscalibrated breath-test machines in their 
arrests. Jones v. D.C, 139 WLR 2517 (Super. Ct. 
2011). 

District of Columbia did not show that the date 
of a public announcement of miscalibrated breath- 
test machines was a date on which plaintiffs who 
had been charged with driving while intoxicated 
(DWI) knew or should have known that they 
were allegedly injured by the miscalibrated ma- 
chines, and thus the date did not trigger the 
notice requirement of the statute prohibiting the 
maintenance of any action against the District of 
Columbia for unliquidated damages unless certain 
written notice was provided to the mayor within 
six months after the injury was suffered, for pur- 
poses of the plaintiffs' negligence action against 
the District of Columbia; no information was pro- 
vided as to which office of the District of Colum- 
bia issued the announcement, to whom the an- 
nouncement was issued, what level of specificity 
the announcement provided as to the time period 
of the improper calibrations, the specific breath- 
test machines affected, or which criminal defen- 
dants had been affected by the improper calibra- 



193 



§12-309 

Note 7 

tions. Jones v. D.C., 139 WLR 2517 (Super. Ct. 
2011). 

An amendment that rendered a notice statute, 
specifically the statute prohibiting the maintenance 
of any action against the District of Columbia for 
unliquidated damages unless certain written notice 
was provided to the mayor within six months after 
the injury was suffered or the damage was in- 
curred, inapplicable to District of Columbia Whis- 
tleblower Protection Act (DCWPA) lawsuits ap- 
plied retroactively to a DCWPA claim that was 
brought before the amendment; the notice statute 
was procedural in nature, and the District of Co- 
lumbia Council viewed the elimination of the notice 
requirement as a change in procedural law. Davis 
v. D.C., 138 WLR 2497 (Super. Ct. 2010). 

16. - — Time and place, contents of notice 

District of Columbia did not show that the date 
corresponding to a letter regarding miscalibrated 
breath-test machines that was sent on^behalf of the 
attorney general was a date on which plaintiffs 
who had been charged with driving while intoxicat- 
ed (DWI) knew or should have known that they 
were allegedly injured by the miscalibrated ma- 
chines, and thus the date did not trigger the notice 
requirement of the statute prohibiting the mainte- 
nance of any action against the District of Colum- 
bia for unliquidated damages unless certain writ- 
ten notice was provided to the mayor within six 
months after the injury was suffered, for purposes 
of the plaintiffs' negligence action against the Dis- 
trict of Columbia, even though the letter included a 
list of affected arrestees and their respective case 
numbers; the letter was sent to a local voluntary 
bar association, and the bar association might or 
might not have included plaintiffs' counsel in their 
DWI cases. Jones v. D.C., 139 WLR 2517 (Super. 
Ct. 2011). 

17. Cause and circumstances, contents of 

notice 

Cause element for report written by Metropoli- 
tan Police Department (MPD) to satisfy statutory 
notice requirement requires that written notice or 
police report disclose both factual cause of injury 
and reasonable basis for anticipating legal action 
as consequence, and even if report does not assert 
right to recovery, it will suffice if it describes 
injuring event with sufficient detail to reveal, in 
itself, basis for District's potential liability; circum- 
stances prong is satisfied if there is enough infor- 



D.C. OFFICIAE KOBE 

mation for District to conduct prompt, i.prdpefly 
focused investigation of claim. Jones v. Distric't'/bf 
Columbia, 2012, 2012 WL 3024970. District of 
Columbia ®= 36 



18. 



Sufficiency generally, contents of no- 



tice 



While lesbian officers' reports filed with Metro- 
politan Police Department (MPD), MPD Medical 
Service Division memoranda written in response to 
reports, and Internal Affairs Division (IAD) inves- 
tigative records created in response to officers' 
internal BBO complaints qualified as reports "in 
regular course of duty," content of those reports 
did not, individually or collectively, provide suffi- 
cient notice to Mayor of cause or circumstances 

. underlying claims for unliquidated damages -under 
District of Columbia Human , Rights Act (DCHRA) 
based on sex discrimination and sexual orientation 

^discrimination regarding officer's nonpromotion; 

" however, officers could still seek liquidated dam- 
ages, including back pay, under those counts. 
Jones' v';- District of Columbia, 2012, 2012 WL 

: 3024970. "District of Columbia ©=> 36 "■ ] 

24. -^— Sufficiency generally, police reports ; 

Reports prepared by the Metropolitan Police 
Department (MPD) regarding miscalibrated 
breath-test machines did not provide the District 
of Columbia with notice, within the, meaning of the 
statute prohibiting the maintenance of any action 
against the District of Columbia for unliquidated 
damages unless certain written notice was provid- 
ed to the mayor within six months after the injury 
was suffered and providing that a written report 
by the MPD in regular course of duty was suffi- 
cient notice, that plaintiffs had allegedly been in- 
jured by the use of miscalibrated machines in their 
arrests for driving while intoxicated (DWI), for 
purposes of the plaintiffs' negligence action against 
the District of Columbia, even though the reports 
prompted a partially successful District of Colum- 
bia investigation of affected cases; time periods set 
forth in one report as encompassing the miscalib- 
rations, the shortest of which was three months, 
provided the District of Columbia with uncertain 
dates of plaintiffs' alleged injuries, and the rep'orts 
did not specify the locale of the alleged injuries 
other than that the traffic stops at issue'presum- 
'ably occurred in the District of Columbia'.'" Jones 
v. D.C., 139 WLR 2517 (Super. Ct. 2011). :; '' :! ' l - l ' ; ' 



TITLE 13 

PROCEDURE GENERALLY. 



• i-'- '-.il'H 

•■■• ': n- 



Chapter Section 

3. Process and Parties. . . . 13-334 

4. Civil Jurisdiction and Service Outside the District of Columbia 13-422 



194 



JUDICIARY AND JUDICIAL PROCEDURE 



§ 13-334 

Note 8.5 



Chapter 3 
Process and Parties. 



Subchapter II. Service of Process; 
Legal Representatives. 

Section 

13—334. Service on foreign corporations. 



Subchapter II. Service op Process; Legal Representatives. 
§ 13-334. Service on foreign corporations. 

Notes of Decisions 



3. Doing business in District — In general 

Nonresident pain pump manufacturer was "do- 
ing business" within District of Columbia, and its 
business contacts within District were "continuous 
and systematic," and thus District of Columbia 
district court had general personal jurisdiction 
over manufacturer under District of Columbia's 
; long-arm statute in shoulder surgery patient's 
products liability action against manufacturer, 
where manufacturer had established and benefited 
from partnership with hospital in District, devoted 
entire sales region to sales in Washington, D.C., 
profited from sales of its pain pumps to Washing- 
ton, D.C. hospitals, and obtained expert medical 
consulting services of Washington, D.C. medical 
facilities and physicians. Marshall v. I-Flow, LLC, 
2012, 2012 WL 1372103. Federal Courts «=> 1037 

Virginia-based competitor's actions did not con- 
stitute the kind of "continuous and systematic" 
business contact necessary to establish that it was 
"doing business" in the District of Columbia in 
such a manner that it would expect to be haled into 
court in the District for its actions; competitor of 
restaurant chain conducted no business on or 
through its informational websites which were ac- 
cessible from the District, and competitor's consid- 
eration of a possible business expansion into the 
District consisted of one isolated phone call. 
Sweetgreen, Inc. v. Sweet Leaf, Inc., 2012, 2012 
WL 975415. Federal Courts e==> 1037 

8.5. Jurisdiction 

Lender's parent corporation had no meaningful 
relationship with the District of Columbia, as re- 
quired for exercise of general jurisdiction over the 



corporation, under the District of Columbia's long- 
arm statute, in borrower's putative class action 
asserting claims arising out of lender's sub-prime 
lending practices, where it was headquartered in 
Virginia and organized under Virginia law, all its 
substantive decisions, including financial transac- 
tions, were made in Virginia, substantially all of its 
activities were performed in Virginia, and it never 
maintained a place of business or office, owned any 
property, or maintained a registered agent in the 
District of Columbia. Khatib v. Alliance Bank- 
shares Corp., 2012, 846 F.Supp.2d 18. Federal 
Courts <S=> 1037 

District court for the District of Columbia (D.C.) 
could not exercise general personal jurisdiction 
over non-resident United States pi-oducers of fer- 
rosilicon and their parent companies in Brazilian 
ferrosilicon producers' suit alleging that the United 
States producers and their parent companies de- 
frauded the International Trade Commission (ITC) 
and caused the Department of Commerce to im- 
pose antidumping duties that harmed the Brazilian 
producers; United States producers and their par- 
ent companies wei*e not incorporated in D.C, they 
did not have agents in D.C, they were not licensed 
in D.C, and D.C. was not their principal place of 
business. Companhia Brasileira Carbureto de Cal- 
ciO-CBCC v. Applied Industrial Matei-ials Corp., 
2010, 698 F.Supp.2d 109, question certified 640 
F.3d 369, 395 U.S.App.D.C 106, certified question 
answered 35 A.3d 1127, answer to certified ques- 
tion conformed to 464 Fed.Appx. 1, 2012 WL 
555650. Federal Courts <s=> 1037 



Chapter 4 
Civil Jurisdiction and Service Outside the District of Columbia. 



Subchapter II. Bases of Personal Jurisdiction Section 

Over Persons Outside the District of 13-423. Personal jurisdiction based upon conduct. 

Columbia. 

Section 

13-422. Personal jurisdiction based upon endur- 
ing relationship. 

195 



§ 13-334 

Note 8.5 



D,G. OFFICIAL CODE 



Subchapter II. Bases of Personal Jurisdiction Over 
Persons Outside the District of Columbia. 

§ 13-422. Personal jurisdiction based upon enduring relationship. 

Notes of Decisions 



4.5. Personal jurisdiction 

Superior Court did not have personal jurisdic- 
tion, under a statutory provision that a District of 
Columbia court could exercise personal jurisdiction 
over a person outside the District of Columbia 
based on the person's enduring relationship with 
the District of Columbia, over a trustee of an 
irrevocable trust that was created under Delaware 
law; the trustee, which was a Delaware entity and 
was served with a complaint alleging that the trust 
settlor engaged in a conspiracy to defraud, was not 
domiciled and did not have its principal place of 
business in the District of Columbia. Matijkiw, et 
al. v. Strauss, et al., 139 WLR 1345 (Super. Ct. 
2011). 

7. Discovery 

Copyright owner was not entitled to jurisdiction- 
al discovery to learn true identities, addresses, and 
telephone numbers of unidentified participants in 
filesharing swarm, in action alleging participants 
violated Copyright Act by illegally downloading, 



uploading, and distributing owner's copyrighted 
movie over Internet, absent showing that partici- 
pants from whom jurisdictional discovery was 
sought resided in District of Columbia within 
meaning of District's long-arm statute. People 
Pictures, LLC v. Group of Participants in, Fileshar- 
ing Swarm ■'■ Identified ' by ' ' 'Hash: 
43F4CFD05C1 15EE5887F680B0- 
CA73B1BAL8B434A, 2011, 831 F.Supp.2d 333. 
Copyrights and Intellectual Property .©=» 84 , - f . 

■ Under District of Columbia law, Owner of copy- 
right in adult film was not entitled to jurisdictional 
discovery to discover identities of 1,434 John Doe 
defendants who allegedly used torrent network to 
unlawfully download and upload film in violation of 
Copyright Act, absent showing that owner" h'ad 
good faith belief that any particular individual 
defendants were domiciled in District of Columbia. 
West Coast Productions, Inc. v. Does 1-1,434, 2012, 
280 F.R.D. 73. Copyrights and Intellectual Prop- 
erty® 3 84 '' ' 



§ 13-423. Personal jurisdiction based upon conduct. 

Nbtes of Decisions 



7. General or specific jurisdiction 

Shoulder surgery patient's product liability 
claims against nonresident manufacturer of pain 
pump did not arise from manufacturer's conduct in 
District of Columbia, and thus District of Columbia 
district court lacked specific personal jurisdiction 
over manufacturer under District's long-arm stat- 
ute, where patient's surgeries and subsequent 
treatments had been performed in New York, and 
manufacturer's marketing activities within District 
of Columbia, if any, had no connection with pa- 
tient's negligence claim. Marshall v. I-Flow, LLC, 
2012, 2012 WL 1372103. Federal Courts ®= 1037 

Court could not exercise either general or specif- 
ic personal jurisdiction over deputy prosecutor for 
a Kazakhstan city, former head of an investigation 
group of Kazakhstan's Interior Ministry, a deputy 
to the head of the Investigation Directorate of 
Kazakhstan's Agency on Economic Crimes and 
Corruption (Finpol), the deputy head of Kaza- 
khstan city detention center or a senior officer of 
the detention center in suit brought by two Kaza- 
khstani citizens and three United States corpora- 
tions under the Alien Tort Statute; nowhere in 
complaint did plaintiffs allege any facts showing 
that those individual officials had any, let alone 
"continuous and systematic," contact with the 
United States, and there were no allegations that 
officials in any way directed their activities in 
investigating, prosecuting, detaining individual 



plaintiffs toward the United States. S.K. Innova- 
tion, Inc. v. Finpol, 2012, 2012 WL 1259108. , Fed- 
eral Courts ®= 86 . ,\ :.,;,''>! 

13. Minimum contacts— In general • '• ^ "' 

Certification of question to District of Cblunibia 
Court of Appeals was warranted, as to whe'thpr 
petition sent to federal government agency located 
in District provided basis for establishing personal 
jurisdiction over petitioner, when plaintiff has : 'S- 
leged that petition fraudulently induced unwar- 
ranted government action against it, since scope of 
"government contacts" exception to District's per- 
sonal jurisdiction statute was uncertain and resolu- 
tion of question could affect numerous individuals ' 
and corporations that petitioned the federal gov- 
ernment. Companhia Brasileira Carbureto de Cal- 
icio v. Applied Indus. Materials Corp., C.A.D.C. 
2011, 640 F.3d 369, 395 U.SApp.D.C. 106, certified 
question answered 35 A.3d 1127, answer to certi- 
fied question conformed to 464 FedAppx. 1, 2012 
WL 555650. Federal Courts ®= 392 : ;, 7 j: j) 

For-profit vocational college's contacts with Dis- 
trict of Columbia consisted solely in participating 
in federal financial aid programs through the' De- 
partment of Education, and therefore, were insuffi- 
cient pursuant to government contacts exception to 
District of Columbia long-arm statute to establish 
personal jurisdiction in District over college in 
students' putative class action alleging violations of 



,196 



JUDICIARY AND JUDICIAL PROCEDURE 



the Equal Credit Opportunity Act, Title VI, and 
the Virginia Consumer Protection Act; college only- 
had contact with District in order to deal with a 
federal instrumentality and had no other contacts. 
Morgan v. Richmond School of Health and Tech- 
nology, Inc., 2012, 2012 WL 1476062. Federal 
Courts «= 1037 

District of Columbia court lacked personal juris- 
diction over nonresident borrower in lender's ac- 
tion to recover money due under promissory note, 
even if borrower had made payments to lender 
across interstate lines while lender resided in Dis- 
trict of Columbia, where borrower had never been 
domiciled in District of Columbia, borrower's prin- 
cipal place of business had not been in District of 
Columbia, and lender had not loaned money to 
borrower within District of Columbia, nothing in 
promissory notes referred to District of Columbia, 
and promissory notes contained California and 
Texas addresses for parties and stated that notes 
were .to be governed and interpreted under laws of 
State of Texas. Atwal v. Myer, 2012, 841 
F,Supp.2d 364. Federal Courts «= 1037 

Superior Court could attribute trust settlors' 
contacts with the District of Columbia to the trus- 
tee of the settlors' irrevocable trusts, which were 
created under Delaware law, and exercise personal 
jurisdiction over the trustee, which was a Delaware 
entity and was served with a complaint alleging 
that the settlors engaged in a conspiracy to de- 
fraud, pursuant to the District of Columbia's long- 
arm statute if the plaintiffs could show that the 
settlors were alter egos of the trusts or that either 
settlor was the alter ego of the other's trust, so 
long as the settlors' minimum contacts with the 
District of Columbia satisfied due process; if a 
trust was the alter ego of a settlor so that they 
were in effect the same entities, it would not offend 
traditional notions of fair play and substantial jus^ 
tice or impose an unreasonable burden to exercise 
jurisdiction over the trustee, which would have 
allowed that to happen, based on the settlor's 
minimum contacts with the jurisdiction. Matijkiw, 
et al. v. Strauss, et al., 139 WLR 1345 (Super. Ct. 
2011). 

18. Establishing jurisdiction, transacting 

business 

Lender's parent corporation did not transact 
business in the District of Columbia, as required 
for exercise of specific jurisdiction over the corpo- 
ration, under the District of Columbia's long-arm 
statute, in borrower's putative class action assert- 
ing claims arising out of lender's sub-prime lending 
practices, where the dispute was between Virginia 
residents over real property located in Virginia 
and agreements that were negotiated, executed, 
and performed in Virginia. Khatib v. Alliance 
Bankshares Corp., 2012, 846 F.Supp.2d 18. Fed- 
eral Courts <•= 1037 

20. Minimum contacts generally, trans- 
acting business 

Local Department of Housing and Urban Devel- 
opment (HUD) foreclosure commissioner lacked 
sufficient contacts with forum to warrant district 



§ 13-423 

Note 45 

court's exercise of personal jurisdiction, pursuant 
to District of Columbia long-arm statute, in land- 
lord's action stemming from foreclosure of housing 
complex; commissioner's appointment was effectu- 
ated exclusively by HUD's Texas office, and at no 
point did commissioner communicate with any 
HUD officials in District as to process at issue. 
NBC-USA Housing, Inc., Twenty-Six v. Donovan, 
2011, 774 F.Supp.2d 277, appeal dismissed 674 
F.3d 869, 400 U.S.App.D.C. 86. Federal Courts 
@= 1037 

22. Presence within District, transacting 

business 

Virginia-based competitor's actions did not con- 
stitute "transacting business" or causing a tortious 
injury within District of Columbia within meaning 
of District's long-arm statute; there was no evi- 
dence that competitor of restaurant chain regularly 
did or solicited business or engaged in any other 
persistent course of conduct in the District, as 
competitor conducted no business on or through its 
informational websites which were accessible from 
the District, and its consideration of a possible 
business expansion into the District consisted of 
one isolated phone call. Sweetgreen, Inc. v. Sweet 
Leaf, Inc., 2012, 2012 WL 975415. Federal Courts 
«=1037 

29. Attorneys, contracts to supply ser- 
vices 

Florida client was riot subject to personal juris- 
diction in District of Columbia in law firm's breach 
of contract action, even though client hired lawyers 
from firm's office in District and contemplated that 
work would be performed in District, where sub- 
ject matter of engagement was Oregon proceeding, 
client provided no evidence of any meetings in 
District or telephone conversations with layers in 
District concerning Oregon engagement after con- 
tract was signed, and engagement lasted less than 
one year. Thompson Hine LLP v. Smoking Ev- 
erywhere Inc., 2012, 840 F.Supp.2d 138. Federal 
Courts @= 1037 

Florida client was not subject to personal juris- 
diction District of Columbia in law firm's breach of 
contract action, even though client entered into 
retainer agreement to have firm represent it in 
dispute with Food and Drug Administration 
(FDA), even though attorneys in District worked 
on matter, where firm was Ohio partnership, re- 
tainer agreement was on firm letterhead bearing 
Georgia address, client did not come to District to 
meet with District lawyers without lawyer from 
Georgia office, and Georgia lawyer expanded team 
into District by calling upon attorneys he selected 
to "assist" him on matter. Thompson Hine LLP v. 
Smoking Everywhere Inc., 2012, 840 F.Supp.2d 
138. Federal Courts @=» 1037 

45. Agents, generally 

The District Court for the District of Columbia 
lacked personal jurisdiction over Secretary of the 
Indiana Family and Social Services Administra- 
tion, under either the Due Process Clause or the 
District of Columbia's long-arm statute, in pro se 
Medicare recipient's action challenging Medicare's 



197 



§ 13-423 

Note 45 

failure to cover cost of her prescription medi- 
cations; the Secretary was sued only in her official 
capacity as state official, she did not reside or 
transact business in the District of Columbia, and 
eve if Secretary had a duty to administer federal 
funds allegedly owed to recipient, she did so in 
Indiana on behalf of an Indiana state agency for 
Indiana residents. Donnelly v. Sebelius, 2012, 851 
F.Supp.2d 109. Federal Courts ®=> 1037 '. 

46. Conspiracy 

Buyer of company that produced test to screen 
for Methicillin Resistant Staphylococcus aureus 
bacteria (MRSA) failed to plead conspiracy be- 
tween selling shareholders and attorney with par- 
ticularity, as required to establish conspiracy ju- 
risdiction under District of Columbia's long-arm 
statute; beyond alleging that attorney represented 
selling shareholders, there were no facts or fair 
inferences from facts to support element of an 
agreement between parties to participate in an 
unlawful act. 3M Co. v. Boulter, 2012, 842 
F.Supp.2d 85. Federal Courts ®=» 1041 . ■ , . 

District Court for the District of Columbia 
(D.C.) could not exercise personal jurisdiction pur- 
suant to the conspiracy theory of jurisdiction over 
nonresident United States ferrosilicon producers in 
Brazilian ferrosilicon producers' suit alleging that 
United States producers submitted fraudulent pe- 
tition to the International Trade Commission (ITC) 
that sought imposition of import tariffs on foreign 
producers, even if United States producers were 
co-conspirators of a ferrosilicon producer organiza- 
tion that did business in D.C, absent any overt act 
by the organization in D.C. in furtherance of the 
conspiracy. Companhia Brasileira Carbureto de 
Calcio-CBCC v. Applied Industrial . Materials 
Corp., 2010, 698 F.Supp.2d 109, question certified 
640 F.3d 369, 395 U.SApp.D.C. 106, certified ques- 
tion answered 35 A3d 1127, answer to certified 
question, conformed to 464 Fed.Appx. 1, 2012 WL 
555650. Federal Courts ®=» 1037 

51. Copyright, intellectual property 

■ Copyright owner was not entitled to jurisdiction- 
al discovery to learn true identities, addresses, and 
telephone numbers of unidentified participants in 
filesharing swarm, in action alleging participants 
violated Copyright Act by illegally downloading, 
uploading, and distributing owner's copyrighted 
movie over Internet, absent showing that partici- 
pants from whom jurisdictional discovery was 
sought resided in District of Columbia within 
meaning of District's long-arm statute. People 
Pictures, LLC v. Group of Participants in Fileshar- 
ing Swarm Identified by Hash: 
43F4CFD05C115EE5887F680B0- 
CA73B1BA18B434A, 2011, 831 F.Supp.2d 333. 
Copyrights and Intellectual Property ®=> 84 

59. Government contacts, exceptions 

-i District Court for the District of Columbia 
(D.C.) could not exercise specific personal jurisdic- 
tion over nonresident United States, ferrosilicon 
producers in suit brought by Brazilian ferrosilicon 
producers based on the United States producers' 
alleged inducement of the unions representing 



D.C, OFFICIAL OODE 

their employees to join an allegedly fraudulent 
International Trade Commission (ITC) petition 
and their payment of the unions' legal fees, eve'haf 
the government contacts doctrine did not prohibit 
exercising personal jurisdiction on the basis of 
participation in ITC proceedings, absent evidence 
that the alleged inducing or payment of fees oc> 
curred in the District. Companhia Brasileira Car- 
bureto de Calcio-CBCC v. Applied Industrial Ma T 
terials Corp., 2010, 698 F.Supp.2d 109, question 
certified 640 F.3d 369, 395 U.SApp.D.C. 106, certi T 
fied question answered 35 A.3d 1127, answer, to 
certified question conformed to 464 Fed.Appx. 1, 
2012 WL 555650. Federal Courts ®=» 1037 

Unsupported allegations that a nonresident der 
fendant has fraudulently induced unwarranted: go v> 
ernment action against the plaintiff will. not be 
sufficient to invoke the fraud exception to .the 
government contacts doctrine* pursuant, to which 
entry into the District of Columbia by nonresidents 
for the purposes of .contacting federal government 
agencies is not a basis for the assertion of in 
personam jurisdiction; rather, only those allegar 
tkins that meet the requirements for pleading 
jraud under pleading rule for fraud claims oivits 
federal counterpart will be sufficient to confer 
personal jurisdiction in the District. Companhia 
Brasileira Carbureto De Calcio v. Applied Indus, 
Materials Corp., 2012, 35 A.3d 1127, answer to 
certified question conformed to 464 Fed.Appx. ,1, 
2012 WL 555650. Federal Courts @=> 1051; :Fed r 
eral Courts @=> 1054 .'■..'. ,,',.!,'.! 

60. Corporations — In general 

Allegations that parent telecommunications com 1 
pany was responsible for establishing revenue tar- 
gets, operational goals and guidelines, customer 
acquisition and support strategies for local tele- 
communications companies, and that consumer at- 
tempted to contact parent company to resolve bill- 
ing issue, were insufficient to demonstrate' that 
parent company directed any activity into the Dis- 
trict of Columbia related to consumer's claims, as 
required to establish a basis for specific jurisdic- 
tion over parent company under District of Colum- 
bia's long arm statute. Mazza v. Verizon Washing- 
ton DC, Inc., 2012, 852; F.Supp.2d 28. Federal 
Courts <£=> 1037 , \,. :i ' :■ , :7f j 

•;■ Plaintiffs; alleged sufficient facts, to show^that 
individuals who were directors of nonprofit corpo,- 
ration had purposefully availed themselves of Dis- 
trict of Columbia law, such that the Superior Court 
could exercise personal jurisdiction over individu- 
als pursuant to the District of Columbia's long-arm 
statute, notwithstanding the fiduciary-shield doc- 
trine, in an action against them for, inter alia, 
breach of trust and breach of fiduciary duties; 
individuals were directors of corporation, which 
was established under the District of Columbia 
Nonprofit Corporation Act and did not have mem T 
bers, and were collectively vested with the exclu- 
sive right to vote on all matters affecting corpora- 
tion and the responsibility to regulate corporation's 
internal affairs, and individuals allegedly did hot 
act to further corporation's business but, instead, 
acted in contravention of corporation's purpose and 



198 



JUDICIARY AND JUDICIAL PROCEDURE § 14-102 

Note 14 

exclusively for their individual benefit. The Fed- tional, et al. v. Moon, et al., 140 WLR 1605 (Super, 
eration for World Peace and Unification Interna- Ct. 2012). 

TITLE 14 

PROOF. 



Chapter 

1. Evidence Generally; Depositions. 
3. Competency of Witnesses 



Section 
. 14-102 
. 14-307 



Chapter 1 
Evidence Generally; Depositions. 



Section 

14-102. Impeachment of witnesses. 



§ 14-102. Impeachment of witnesses. 

Notes of Decisions 

8. Effect of impeachment by inconsistent defendants' trial and was available for cross-exami- 



statements 

Defendant was not substantially prejudiced at a 
firearms trial by any impropriety in prosecutor's 
delay in disclosing mistaken testimony- of police 
officer at a preliminary hearing that he was told by 
another officer that defendant had slid a firearm 
underneath a fence, such that trial court could 
deny defendant's motion for a mistrial based on 
the delay, which comprised a few hours starting 
when prosecutor realized that officer had mistak- 
enly testified and ending when officer testified for 
the defense at trial that the other officer had told 
him that defendant had thrown the firearm over 
the fence; officer's reversal of his testimony under 
oath made officer appear careless and unreliable, 
defense counsel immediately and effectively re- 
sponded to the changed testimony by impeaching 
officer and forcefully argued in closing that offi- 
cer's testimony by itself created reasonable doubt, 
officer's prior testimony came in as substantive 
evidence to impeach other officer's testimony, and 
defendant's defense did not stand up to reason and 
would not have been any stronger in the absence 
of officer's testimony. Thompson v. U.S., 2012, 45 
A.3d 688. Criminal Law ®=» 2036; Criminal Law 
«=> 2037 

13. Admission of evidence, review 

Grand jury testimony of state's witness inculpat- 
ing murder defendants was properly admitted ait 
trial as substantive evidence, as well as to impeach 
witness, who claimed to be unable to remember 
events at issue, pursuant to statute providing that 
a statement is not hearsay if declarant testifies at 
trial and is subject to cross-examination concern- 
ing the statement and the statement is inconsistent 
with declarant's testimony, and was given under 
oath subject to penalty of perjury at a trial, hear- 
ing, or other proceeding, as witness testified at 



nation about his prior grand jury testimony, which 
was under oath, and that testimony was inconsis- 
tent with his claimed memory loss at trial. Diggs 
v. U.S., 2011, 28 A.3d 585, petition for certiorari 
filed 2012 WL 3018621. Criminal Law «=» 405.19; 
Witnesses ®=» 379(9) 

14. Examination of witnesses, review 

Trial court's failure to curtail sua sponte prose- 
cutor's elicitation from detective of details of out- 
of-court statements of state's witness to detective 
identifying murder defendants as the persons who 
had confessed their commission of the murder 
directly to witness other than the identification 
itself during re-direct examination, which details 
might very well have exceeded the limits of the 
prior identification exception to rule against hear- 
say, did not constitute plain error, particularly 
where defendant's cross-examination of detective 
arguably had opened the door to the admission of 
further details, and where prejudice was less likely 
because those details had been adduced earlier in 
the trial through witness's grand jury testimony. 
Diggs v. U.S., 2011, 28 A.3d 585, petition for 
certiorari filed 2012 WL 3018621. Criminal Law 
©=1036.5 

Out-of-court statements of state's witness to de- 
tective identifying murder defendants as the per- 
sons who had confessed their commission of the 
murder directly to witness were admissible at trial 
pursuant to prior identification exception to rule 
against hearsay, as witness was available at trial 
for cross-examination concerning his statements, 
and witness knew or had a relationship with defen- 
dants prior to the perceived event. Diggs v. U.S., 
2011, 28 A.3d 585, petition for certiorari filed 2012 
WL 3018621. Criminal Law «=> 421(6) 



199 



§'14-102 ;■■;, i -kv ;<£'i ^ 7 . d.c^ officim.fgode. 

Note 14 

.-,,■., ■•:,.;,.., w.;;/ ,.•',;, , . .;.:;.., c hapter 3 .;-■/;/-;■..:■.,■*■- y ;^»|™ 

Competency of Witnesses. 

Section 

14-307. Physicians and mental health profession--: ■ <„ . ,, 
als. 



§; 14t-307. Physicians and mental health professionals, >! ,„? v.i r t; j;: .?-, 

Historical and Statutory Notes 

Emergency Act Amendments ' ' Alcohol Testing Program Emergency Amendment 

For temporary (90 day) amendment of section;;: .Act , of? ^l^fT^C:,, Act-19-429, July 30, 2012, 59 
see § 301 of Comprehensive Impaired Driving and " ' DOR 9387).'' " ; ' ""''"''' ' '" L 

TITLE 15 

JUDGMENTS AND EXECUTIONS; FEES AND COSTS, .. ? 

Chapter Section 

1. Judgments and Decrees .! . : ...;;......;.. 15-108 

Chapter 1 ":';'.v^. J ; . ; ,., ,- T 

Judgments and Decrees. 

Section , >;-; t ■-:..:.:■'■: ...,•■■... u ■■■-■ ^:; 

15-108. Interest on judgment for liquidated debt. -. ■.,- .;.'.-. ;■'..,;.., , : ■., -■>;.. 

§ 15^108. Interest on judgment for liquidated debt. ' 

Notes of Decisions , / 

Foreign judgments 10 . ' \. correct clerical : mistake or mistake arising from 

,. h ' oversight or omission in district court's judgment 

, ..' confirming award and holding foreign .-judgment 

6.5, Prejudgment interest ..'j/.. /. enforceable, since ■district court's judgment>'was 

Principles of equity did not entitle parent of silent about prejudgment interest and accurately 

minor child to prejudgment interest under District reflected court's decision, so judgment '■ creditor 

of Columbia law after she had prevailed in her was required to pursue 'retjuest through motion to' 

IDEA case against the District of Columbia, where Mfer or amend judgment. ^Continental Tf ansfert 1 

District of Columbia did not seek to deny the Technique : Ltd. v. Federal Government of Nigeria,' 

parent recovery of attorney fees, but instead disa- 2012, 850 F.Supp.2d 277. Federal Civil Procedure' 

greed as to the appropriate amount of compensa- ®=»2653 ..,'.' !'„'*, '•,' V. ; ' '.'■'.'. : '.-V '■■■'• ■'■'.■. T 

lion, and attorney fees invoices were paid promptly " Except as to construction firm's claim for ,pre^ 

with certain adjustments based on the District's judgment interest on its damages for "general 

belief that the fees were unreasonable. Garvin v. conditions" under contract with international news 

District of Columbia, 2012, 851 F.Supp.2d 101. network for construction of . state-of-art television 

Interest «=» 39(2.45) ■ studio and office space, award -of prejudgment and 

■' Foreign judgment creditor's mere inclusion of ' postjudgment interest to firm, on damages award 

request for prejudgment interest in complaint was warranted under District of Columbia law in 

seeking to enforce foreign arbitral award, under action for breach of contract and unjust .-enrich.-- 

Federal Arbitration Act and New York Conveh- ment; all damages were easily ascertainable when 

tidii, and to enforce, under District of Columbia's network terminated contract for convenience, ex- 

Uniform Foreign-Money Judgments Recognition cept firm's damages for such- general conditions; 

Act (UFMJRA), foreign judgment confirming arbi- Winmar, Inc. v. Al Jazeera Intern., 2010, 741' 

tral award as final and enforceable,- did not permit F.Supp.2d 165, amended 813 F.Supp:2d 163, vacafc-; 

judgment creditor to include request in motion to ed in part 831 F.Supp.2d 159.. Interest e=» 39(2,30): 

200 



JUDICIARY AND JUDICIAL PROCEDURE § 15-108 

Note 10 

10. Foreign judgments omission," within meaning of rule authorizing relief 
District court's failure to award postjudgment from judgment or order, since foreign judgment 
interest, in judgment confirming foreign arbitral creditor was statutorily entitled to award of post- 
award, under Federal Arbitration Act and New judgment interest, and making that determination 
York Convention, and holding foreign judgment did not require revisiting merits of judgment credi- 
enforceable, under District of Columbia's Uniform tor's claim. Continental Transfert Technique Ltd. 
Foreign-Money Judgments Recognition Act (UF- v. Federal Government of Nigeria, 2012, 850 
MJRA), was "mistake arising from oversight or F.Supp.2d 277. Federal Civil Procedure <^» 2653 



201 



>-■■■■ -. ; : ; v., ^:, ■■ "■■ ■ :~:\,\~a>. cy^ ■■'SiiMDiaui 

'.'■■.; ■:.-' ■:■■ .-■.', '. , ■ ■ -..■ '',. , ■ ■■ . ;, ■ -v '■■■nf/'I .01 

■■.■■",:■'■ ■>.;■■■•■:-.. : ,.« :.ihi:;i(I 

,'..'.''.'■■'.'■' ';■'..."', DIVISION III ■'" ;r -. ; .'..'SS 

■ ■■■..,"■■■■} ihnY 

DECEDENTS' ESTATES AND FIDUCIARY RELATIONS, nw 

: \ ' TITLE IS — -'i ■■ ■- ^- .■,, ,-^.m 

WILLS. 

Chapter Section 

1. General Provisions. 18-103 

Chapter 1 
General Provisions. 



Section 

18-103. Execution of written will; attestation. 



§ 18-103. Execution of written will; attestation. 

Notes of Decisions 

6. Attestation and subscription by wit- affidavits from non-attesting witnesses, who' could 

nesses, execution of will not verify that they witnessed two attesting wit- 
Testator's purported will lacked proper attesta- nesses sign will in presence of testator, failed to 
tion and, therefore, was void; statute required that sa tisfy statutory requirements for due execution of 
two or more witnesses attest and subscribe to will ^ In re Estate of Henneghan, 2012, 45' A.3d 
in testator's presence, will only bore testator's 6g4 smBDdB± wil]s *, 123 (5) 
signature and raised seal of notary public, and ' 

TITLE 19 

DESCENT, DISTRIBUTION, AND TRUSTS. 

Chapter Section 

13. Uniform Trust Code 19-1304.02 

Chapter 13 
Uniform Trust Code. 

Subchapter IV. Creation, Validity, 

Modification, and Termination ' 

of Trust. 

Section 

19-1304.02. Requirements for creation. 



202; 



DECEDENTS' ESTATES AND FIDUCIARY RELATIONS § 20-312 

Note 2 

Subchapter IV. Creation, Validity, Modification, and Termination of Trust. 
§ 19-1304.02. Requirements for creation. 

Notes of Decisions 

1. Intent of settlor together for years and relocated to the United 

Plaintiffs alleged sufficient facts to allow a rea- States to further their religious goals, colleague 

sonable inference that certain individual intended opened the bank account in international church's 

to create an oral charitable trust, as required for name and not in his name or individual's name, 

such trust to exist and permit a claim for breach of individual did not give the initial funds for deposit 

trust against directors of nonprofit corporation in the bank account for colleague's personal use, 

that had a bank account into which alleged trust and those funds and all money deposited thereaf- 

funds were placed; according to plaintiffs' allega- ter were used for the next decades exclusively to 

tions, individual directed colleague to hold funds in benefit international church. The Federation for 

the bank account in trust for the benefit of interna- World Peace and Unification International, et al. v. 

tional church, individual and colleague had worked Moon, et al., 140 WLR 1605 (Super. Ct. 2012). 

TITLE 20 

PROBATE AND ADMINISTRATION OF DECEDENTS' ESTATES. 

Chapter Section 

3. Opening the Estate 20-312 

Chapter 3 
Opening the Estate. 

Subchapter II. Abbreviated 
Probate Proceeding. 



Section 

20-312. Action on petition. 



Subchapter II, Abbreviated Probate Proceeding. 
§ 20-312. Action on petition. 

Notes of Decisions 

Attestation 2 in testator's presence, will only bore testator's 

signature and raised seal of notary public, and 
affidavits from non-attesting witnesses, who could 
not verify that they witnessed two attesting wit- 
nesses sign will in presence of testator, failed to 



2. Attestation 



Testator's purported will lacked proper attesta- satisfy statutory requirements for due execution of 
tion and, therefore, was void; statute required that will. In re Estate of Henneghan, 2012, 45 A.3d 
two or more witnesses attest and subscribe to will 684, as amended. Wills ®= 123(5) 

TITLE 21 

FIDUCIARY RELATIONS AND THE MENTALLY ILL. 

Chapter Section 

5. Hospitalization of the Mentally III 21-503 

203 



§20-312 ; ]■.-■ D.G OFFICIAL GODEI 

Note 2 

■■■'-■"'■■'■'■ ' '■' ■-'■'■" Chapters ■■' ■" ■" ) ••■ -vn-x^H 

Hospitalization of the Mentally 111. )■ ; ii § 

Subchapter I. Definitions; Commission 
on Mental Health. 

Section 

21-503. Examinations and hearings; subpoenas; ; 

witnesses; place. 

Subchapter I. Definitions; Commission on Mental Health. 
§21-503. Examinations and hearings; subpoenas; witnesses; place. 

Notes of Decisions 

2. Expert witnesses , . . | ; iy not; qualified, was a fundamental procedural 

Trial court's procedural ruling that only a psy- question the government could appeal; trial court's 
chiatrist or psychologist could testify on the jssue\ , ; categorical ruling, essentially Q^smissed tlje'case for 
of dangerbusness in proceedings seeking involun- wan t of prosecution. In re Wyler, 2012, 46 A.3d 
tary hospitalization, such that social worker prof- ggg j^gjjtai Health ©=> 45 ,v } 

fered as an expert by government was categorical- ' ,..-,■,..-.. .,.,. '.'.V' ''!. 



HoijjjJ.'-i'iiJA £ 
■:.■■■■'!■.; -i'Mji-.-rfi :Vo;('j;i,! Hiv/ (i'li'loiffliq ,' :'■;<.> tatrfF 
'■ .i.'i ;> , /;:ii;);r; 'riiiti:'*.", ;hinv K'",v .'-I'cfti'fuH v htu; noif 
/ii-.7 oi -•..'•'"■•rxUv-: hn:\ fejiiii .vwwjniiw n'mti to owi 



204 



DIVISION IV 
CRIMINAL LAW AND PROCEDURE AND PRISONERS. 

TITLE 22 

CRIMINAL OFFENSES AND PENALTIES. 

SUBTITLE I. CRIMINAL OFFENSES. 
Chapter Section 

3. Arson 22-303 

4. Assault; Mayhem; Threats. 22-402 

7. Bribery; Obstructing Justice; Corrupt Influence 22-721 

8. Burglary '. 22-801 

1.3. Disturbances of the Public Peace 22-1312 

18. General Offenses. 22-1803 

20. Kidnapping 22-2001 

21. Murder; Manslaughter 22-2101 

22. Obscenity 22-2201 

24. Perjury; Related Offenses 22-2405 

28. Robbery. 22-2801 

30. Sexual Abuse 22-3002 

32. Theft; Fraud; Stolen Property; Forgery; and Extortion 22-321 4.01 

SUBTITLE I. CRIMINAL OFFENSES. 

33. Trespass; Injuries to Property. 22-3302 

SUBTITLE III. SEX OFFENDERS. 

40. Sex Offender Registration 22-4001 

SUBTITLE III-A DNA TESTING. 

41 A. DNA Testing and Post-Conviction Relief for Innocent Persons 22-41 35 

SUBTITLE VI. REGULATION AND POSSESSION OF WEAPONS. 
45. Weapons and Possession of Weapons 22-4501 

SUBTITLE I 
CRIMINAL OFFENSES. 

Chapter 3 
Arson. 

Section 

22-303. Malicious burning, destruction, or injury 
of another's property. 

§ 22-303. Malicious burning, destruction, or injury of another's property. 

Notes of Decisions 

9. Defenses was accused of denting, he was no longer mad, 

Trial court did not plainly error in faffing to defendant also claimed that he actually did nothing 

raise sua sponte the issue of whether defendant f* a11 £°, the \f< f d ^en these confusing posi- 

, , . V . , , , . ..„ .. , tions before the tnal court, it was difficult to 

had been adequately provoked, as justification de- conclude that the error was clear or obviouS) and 

fense in prosecution for malicious destruction of that the trial court should have sua sponte raised 
property; defendant specifically testified that when provocation. Brannon v. U.S., 2012, 43 A.3d 936. 
he got into police transport van, a door of which he Criminal Law ®=> 1036.8 

205 



§ 22-303 

Note 9 



D.C. OFFICIAL CODE 



Section 

22-402. 

22-404. 



Chapter 4 
Assault; Mayhem; Threats. 



Assault with intent to commit mayhem or 
with dangerous weapon. 

Assault or threatened assault in a menac- 
ing manner; stalking. 



Section 

22-405. 



Assault on member of police force, cam- 
pus or university special police, or fire 
department. 



§ 22-402. Assault with intent to commit mayhem or with dangerous weapon. 



62. ^-^- Use of dangerous weapon, weight and 
sufficiency of evidence 

Evidence was sufficient to support defendant's 
conviction for assault with a dangerous weapon; 
vehicle was immediately to the right of car, and as 
defendant leaned out of the passenger side window 
of car to fire shots at vehicle, defendant would 



Notes of Decisions „;•; 

have had an unobstructed line of sight directly into 
vehicle, and jury could have reasonably inferred 
from these facts that defendant realized that yehi;; 
cle's driver was not alone in vehicle* McCoy y'( 
U.S.-, 2006, 890 A.2d 204, as amended, appeal" after 
new trial 2012 WL 1888131. Assault Arid Battery 
•<3=>91.6(2) ''■ 



■CO 



§ 22-404. 



Assault or threatened assault in a menacing manner; stalking^ 

. . . . .'. .i. . ,ao8 

Notes of Decisions 



.as 

.OS 



4. —^ Ability to execute intent, nature and 
elements of offenses 

Assault by recklessly causing significant bodily 
injury did not require proof that risk of injury was 
specifically directed at victim. Flores v. U.S., 
2011, 37 A.3d 866, certiorari denied 132 S.Ct. 1946, 
182 L.Ed.2d 801. Assault and Battery <£=> 55 

17; Right to trial by jury 

The trial court's failure to sua sponte empanel a 
jury for defendant's simple assault trial, since a 



conviction would subject defendant to deportation; 
under federal immigration law, did not constitute 
plain error; simple assault was not a jury-demancL- 
able offense, and the collateral consequence ' of 
deportation did not transform the petty offense of 
simple assault to a serious offense. FretePZafat§ 
v. U.S., 2012, 40 A.3d 374. Criminal Law ®=> 

1035(1) .,/ ,.;.;■. ■.,.■,., /....:<• ffl .&> 



§ 22-405. Assault on member of police force/ campus or university special 
police, or fire department. 



Notes of Decisions 



18. Presumptions and burden of proof ° e ' :k ' 

Defendant was entitled to benefit of pretrial 
rebuttable presumption of vindictiveness when 
government added charge of assault on a police 
officer (APO) to preexisting charge of possession 
of marijuana, which shifted burden to government 
to explain its decision to add APO charge; govern- 
ment knew from date of defendant's arrest that - 
there were facts potentially supporting charge of 
assault and resisting arrest, government added 
APO charge after defendant sought to enforce his 
subpoena and trial was continued, and government, 
by announcing that it was ready to go to trial, 
communicated that fluid pretrial litigation period 



was over. Simms v. U.S., 2012, 41 A.3d 482. 
Criminal Law ®=> 37.15(2) 

noii'wH 
21., Weight and sufficiency of evidence ;',o;; •:;• 
' Evidence was sufficient tp,,guppprt, convictions 
for two counts of assault on a police officer (APO); 
first officer testified that defendant delivered el- 
bow strike and attempted to hit officer while in a 
"fighting,; stance;'; that.-defendant did so without 
officer having used any force against him, that 
second officer jumped on defendant's back and 
struck his knees only after defendant had attempt- 
ed to hit first officer, and that defendant resisted, 
efforts of officers to handcuff him. Grassland V: 
U.S., 2011, 32 A.3d 1005. Assault and Battery :<©=> 

91.10(1) :,'■ , -.■■ -i"f'v: 



206 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 

Chapter 7 
Bribery; Obstructing Justice; Corrupt Influence. 

Subchapter III. Obstructing Justice. 

Section 

22-721. Definitions. 



§22-801 

Note 40 



Subchapter III. Obstructing Justice. 



§ 22-721. Definitions. 



Due administration of justice 
Official proceeding 2 



Notes of Decisions 



2. Official proceeding 

An "official proceeding," as that term' is used in 
statute defining obstruction of justice, in part, as 
corruptly, or by threats of force, obstructing or 
impeding or endeavoring to instruct or impede the 
due administration of justice in any official pro- 
ceeding, does not include the actions of police 
officers first responding to a crime. Wynn v. U.S., 
2012, 48 A.3d 181. Obstructing Justice «= 111(1) 

3. Due administration of justice 

Phrase "due administration of justice," as used 
in statute defining obstruction of justice, in part, as 



corruptly, or by threats of force, obstructing or 
impeding or. endeavoring to instruct or impede the 
due administration of justice in any official pro- 
ceeding, does not include an initial police response 
to the scene of a crime. Wynn v. U.S., 2012, 48 
A.3d 181. Obstructing Justice <s= 111(1) 

Phrase "due administration of justice," as used 
in statute defining obstruction of justice, in part, as 
corruptly, or by threats of force, obstructing or 
impeding or endeavoring to instruct or impede the 
due administration of justice in any official pro- 
ceeding, is used primarily, if not exclusively, to 
describe the proper functioning and integrity of a 
court Or hearing. Wynn v. U.S., 2012, 48 A.3d 181. 
Obstructing Justice <&=> 111(1) 



Chapter 8 
Burglary. 



Section 

22-801. Definition and penalty. 



§ 22-801. Definition and penalty. 



Notes of Decisions 



40. 



— Probative value, admissibility of evi- 
dence 

Probative value of evidence of defendant's heroin 
addiction to place what happened at the crime 
scene in an understandable context was substan- 
tially outweighed by the prejudicial effect its ad- 
mission would have for defendant, such that the 
evidence was inadmissible for this purpose, in 
prosecution for burglary, robbery, kidnapping, and 
felony murder; jury did not need the drug-addic- 
tion evidence to derive a coherent story of the 
evidence, in that even without the evidence of drug 
addiction, the evidence suggested that the crimes 
likely were the acts of a desperate person, and it 
did not appear that the drug-addiction evidence 
would be indispensable to the jury's understanding 
of the charged offenses. U.S. v. Morton, 2012, 
2012 WL 3242844. Criminal Law <s= 368.41 



Remand was required for trial court to conduct 
anew its discretionary balancing of the probative 
value of the evidence of defendant's heroin addic- 
tion as corroborative of inferences that pointed to 
defendant as the perpetrator against its prejudicial 
effect, in prosecution for burglary, robbery, kid- 
napping, and felony murder; defendant's addiction 
had probative value as corroborative of defendant's 
identity as the perpetrator, while evidence of his 
addiction might be reflective of his character and 
might suggest that he had criminal propensities, 
the relevance of the evidence was logically inde- 
pendent of those possibilities, and a fuller assess- 
ment by trial court of probative value of the evi- 
dence could affect its balancing of probative value 
against prejudicial effect. U.S. v. Morton, 2012, 
2012 WL 3242844. Criminal Law <s=> 1181.5(7) 



207 



&22-801 

Note .40 



DC: OPEICIAla GQEE 



Chapter 13 
Disturbances of the Public Peace. 



Section 

22-1312. Lewd, indecent, or obscene acts. 
22-1321. Disorderly conduct. 



§ 22-1312. Lewd, indecent, or obscene acts. 



2. Construction and application 

Law extends to indecent exposure committed 
both in a public setting and a private onei Parni- 



Notes of Decisions 

goni v. District of Columbia^ 20(»7y 933 &2d ; !S23i 



certiorari denied 129 S.Ct. 511, 555 U.S. 996, 172 
L.Ed.2d 360. Obscenity @= 127 

'•'• ■■)'-.':'i-r;\ ';. :, ■' -: : r -. ■ ■ ' 



§ 22-1321. Disorderly conduct. 



Notes of Decisions 



18.5. Probable cause 

, Police officers did not have probable cause to 
arrest occupants of house for District of Columbia 
offense of disorderly conduct; even if officers were 
told of reports of a loud party or loud music and 
some officers heard loud music upon arrival, there 
were no reports of noise that was so unreasonably 



loud or sustained for such a lengthy period'of time 
as to constitute disorderly conduct; and when the 
officers arrived ofi the scene, they did not observe 
unreasonably loud, sustained noise that disturbed a 
Considerable number of persons. ' Wesby v. Dis- 
trict of Columbia, 2012, 841 F.Supp.2d 20. Arrest 
®* 63.4(15) : ' . ; , . !l .,;: 



^i .Chapter 18 
(General Offenses. 



Section 

22-1803. 
22-1805. 



Attempts to commit crime. 

Persons advising, inciting, or conniving ■"; 

at criminal offense to be charged as 

principals. 



Section 

22-1810. 



Threatening to kidnap or injure a per- 
son or damage his property. 



§ 22-1803. Attempts to commit crime. 



Notes of Decisions 



3. Intent 

Sufficient evidence supported convictions of own- 
er of gas station/mini-mart and his clerk for at- 
tempted possession of drug paraphernalia with 
intent to sell; undercover officer asked clerk for 
"an ink pen," clerk gave him a glass ink pen and a 
metal scouring pad, even though he did not re- 
quest the latter, it could be inferred that despite 
fact that clerk had recently arrived in the United 
States, someone at store trained her to give a 



buyer Jbothi jaiglass; ink, pen , and; a ; ; cppper .scouring 
pad when buyer asked for an ink pen*. and" that she 
knew or reasonably should have known;, that 1 the 
purchase was for : the purpose of takings illegal 
drugs, and owner ordered, stored, and specifically 
intended to sell items that obviously could be used 
with illegal drugs. Patumabahirtu v. U.S., 2011, 
26 A.3d 322, certiorari denied 132 S.Ct. 1944, 182 
L.Ed.2d 799, certiorari denied 132 S.Ct. 2706, 183 
L;Ed.2d62. Controlled Substances <s= 89 ."'■'... 



208 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



§ 22-2001 
Note 16 

§ 22-1805. Persons advising, inciting, or conniving at criminal offense to be 
charged as principals. 

Notes of Decisions 



18. Presence at crime, parties to offense 

Mere presence or awareness is insufficient to 
make out a conviction "for either aiding and abet- 
ting or conspiracy. McCoy v. U.S., 2006, 890 A.2d 
204, as amended, appeal after new trial 2012 WL 
1888131. Conspiracy <s=> 40.1; Criminal Law ®=> 
59(3) 

41. Weapons offenses, weight and suffi- 
ciency of evidence 

Evidence was sufficient to support defendant's 
conviction for conspiracy; fact that one occupant of 



the car drove while the other fired gunshots and 
shouted instructions was enough to infer an .agree- 
ment and knowing participation, and witness's tes- 
timony that defendant had admitted to performing 
the principal overt act, namely shooting at the 
victims, was sufficient to deduce that an overt act 
was committed in furtherance of the agreement. 
McCoy v. U.S., 2006, 890 A.2d 204, as amended, 
appeal after new trial 2012 WL 1888131. Conspir- 
acy «=> 47(3.1) 



§ 22-1810. Threatening to kidnap or injure a person or damage his property. 

Notes of Decisions 



8.5. Evidence 

Reasonable person in position of neighbor, 
whose house caught fire on day before alleged 
threat was made, would not believe that juvenile, 
who paraded back and forth on sidewalk in front of 
neighbor, performing to laughing audience and 
singing modified rap song about setting block and 
her house on fire, meant to damage her house, and 



thus, evidence was insufficient to support delin- 
quency adjudication based on felony threats to 
damage property; neighbor and juvenile were 
friends with no history of animosity, much less 
violence, and there was no basis for reasonable 
inference that juvenile was involved in fire at 
neighbor's house. In re S.W., 2012, 45 A.3d 151. 
Infants &=> 2641(4) 



Chapter 20 
Kidnapping. 



Section 

22-2001. Definition and penalty; conspiracy. 



§ 22-2001. Definition and penalty; conspiracy. 



Notes of Decisions 



16. Admissibility of evidence 

Probative value of evidence of defendant's heroin 
addiction to place what happened at the crime 
scene in an understandable context was substan- 
tially outweighed by the prejudicial effect its ad- 
mission would have for defendant, such that the 
evidence was inadmissible for this purpose, in 
prosecution for burglary, robbery, kidnapping, and 
felony murder; jury did not need the drug-addic- 
tion evidence to derive a coherent story of the 
evidence, in that even without the evidence of drug 
addiction, the evidence suggested that the crimes 
likely were the acts of a desperate person, and it 
did not appear that the drug-addiction evidence 
would be indispensable to the jury's understanding 
of the charged offenses. U.S. v. Morton, 2012, 
2012 WL 3242844. Criminal Law e=> 368.41 



Remand was required for trial court to conduct 
anew its discretionary balancing of the probative 
value of the evidence of defendant's heroin addic- 
tion as corroborative of inferences that pointed to 
defendant as the perpetrator against its prejudicial 
effect, in prosecution for burglary, robbery, kid- 
napping, and felony murder; defendant's addiction 
had probative value as corroborative of defendant's 
identity as the perpetrator, while evidence of his 
addiction might be reflective of his character and 
might suggest that he had criminal propensities, 
the relevance of the evidence was logically inde- 
pendent of those possibilities, and a fuller assess- 
ment by trial court of probative value of the evi- 
dence could affect its balancing of probative value 
against prejudicial effect. U.S. v. Morton, 2012, 
2012 WL 3242844. Criminal Law ®=> 1181.5(7) 



209 



§ 22-2001 

Note 16 



Section 

22-2101. 



Chapter 21 
Murder; Manslaughter. 



Murder in the first degree — Pur- 
poseful killing; killing while perpe- 
trating certain crimes. 
22-2103. • Murder in the second degree. 



Section 

22-2104. 



DC. OFFICIALffidEfE) 

.81 



Penalty for murder in first and ^fr- 
ond degrees; .Vir'B-n 
22-2104.01. Sentencing procedure for mui'def ,% 
the first degree, , , ,3;; 



§ 22-2101. Murder in the first degree— Purposeful killing; killing while perpe- £ 
trating certain crimes. 



Notes of Decisions 



49. 



— Adequacy of representations counsel 
for accused 

Defendant was not prejudiced by any deficient 
performance of counsel in failing to introduce addi- 
tional mitigation evidence during penalty phase of 
capital murder trial, and thus, defendant was not 
deprived of effective assistance of counsel on that, 
basis; counsel presented substantial mitigating evi-. 
dence, including testimony from nine witnesses 
regarding his terrible childhood and the abuse he 
suffered, and his religious conversion, some pro- 
posed additional mitigating evidence would have 
been cumulative, expert testimony or other mitiga- 
tion evidence as to defendant's non-violent charac- 
ter or propensity would have triggered admission 
of evidence that defendant committed a prior, bru- 
tal murder, which counsel had been successful in 
excluding, but which trial court stated would be 
admissible for rebuttal purposes, and the aggrava- 



ting evidence was : overwhelming. 1 ' Wongy.^Bet-j 
montes, ' 2009,' 130 ' ; S.Ct. ' 383, 558 U.S. "' 15, "l7& 
L,Ed.2d„328, rehearing denied 130 S.Ct. 1122, 175 
L^Ed.2d 931, on remand 608 F.3d 1117. Criminal 
Law ©=> 1961 "I '■' v\I .E.8 

158, Weight and sufficiency of evidence-7-In 
general . ..,.,", 

"■■■ Kentucky Supreme Court's initial assessment: of- 
evidence of defendant's extreme emotional disturb 
bance (EED) and reliance in resolving appeal on 
case that involved retroactive application of "uhex^-' 
pected and indefensible" judicial revision of Ken- 
tucky murder statute was irrelevant in habeas 
proceeding, as it did not form sole basis for that 
court's denial of defendant's sufficiency of the evi- 
dence claim. Parker v. Matthews, 2012, 132 S.Ct. 
2148, 183 L.Ed.2d 32. Habeas Corpus ®=> 493(3) 



§ 22-2103. Murder in the second degree. 



Notes of Decisions 



78.5. 



- Lesser-included offenses, instruc- 
tions 

Trial court's erroneous jury instruction on aiding, . : 
and abetting did not affect defendants' substantial 
rights and therefore was not plain error requiring 
reversal of convictions for unarmed second-degree 
murder as lesser-included offenses of first-degree 
murder, even though defendants were convicted as 
aiders and abettors and prosecutor emphasized 
that theory of liability in closing argument, where 
government produced evidence from eyewitnesses 
that defendants actively and personally participat- 
ed throughout the vicious beating and kicking that 
led to victim's death, and from this, the jury could 
have inferred that defendants acted, if not with a 
specific intent to kill, at the very least with, malice. 
Ingram v. U.S., 2012, 40 A.3d 887. Criminal Law 
@=> 1038.1(3.1) ■ . ' . " 



93^ '■ Degree of murder, weight arid suffi- 
ciency of evidence 

''Evidence was sufficient to support conviction for 
second-degree murder while armed; defendant had 
recently been served with complaint for divorce, 
from victim, resulting in altercation in which .defen- 
dant threatened victim, defendant's brother testi- 
fied that, on the evening of the murder, defendant' 
left the house at about midnight with a nihe- 
mfflimeter handgun, which, according to expert 
testimony, was the kind of weapon used in the' 
killing, and less than a half hour after, several 
eyewitnesses observed a man matching defendant's 
description shoot the victim as she sat in the 
driver's seat of her vehicle. Williams v. U:S., 20i2, 
2012 WL 2159301. Homicide ©=> 1181; Homicide 1 
©=> 1184 v 



210 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 

§ 22-2104. Penalty for murder in first and second degrees. 

Notes of Decisions 



§ 22-2201 
Note 20 



14. Arguments and conduct of counsel 

Defendant was not prejudiced by any deficient 
performance of counsel in failing to introduce addi- 
tional mitigation evidence during penalty phase of 
capital murder trial, and thus, defendant was not 
deprived of effective assistance of counsel on that 
basis; counsel presented substantial mitigating evi- 
dence, including testimony from nine witnesses 
regarding his terrible childhood and the. abuse he 
suffered, and his religious conversion, some pro- 
posed additional mitigating evidence would have 
been cumulative, expert testimony or other mitiga- 



tion evidence as to defendant's non-violent charac- 
ter or propensity would have triggered admission 
of evidence that defendant committed a prior, bru- 
tal murder, which counsel had been successful in 
excluding, but which trial court stated would be 
admissible for rebuttal purposes, and the aggrava- 
ting evidence was overwhelming. Wong v. Bel- 
montes, 2009, 130 S.Ct. 383, 558 U.S. 15, 175 
L.Ed.2d 328, rehearing denied 130 S.Ct. 1122, 175 
L.Ed.2d 931, on remand 608 F.3d 1117. Criminal 
Law <S*> 1961 



§ 22-2104.01. Sentencing procedure for murder in the first degree. 

Notes of Decisions 



6.5. Effectiveness of counsel 

Defendant was not prejudiced by any deficient 
performance of counsel in failing to introduce addi- 
tional mitigation evidence during penalty phase of 
capital murder trial, and thus, defendant was not 
deprived of effective assistance of counsel on that 
basis; counsel presented substantial mitigating evi- 
dence, including testimony from nine witnesses 
regarding his terrible childhood and the abuse he 
suffered, and his religious conversion, some pro- 
posed additional mitigating evidence would have 
been cumulative, expert testimony or other mitiga- 



tion evidence as to defendant's non-violent charac- 
ter or propensity would have triggered admission 
of evidence that defendant committed a prior, bru- 
tal murder, which counsel had been successful in 
excluding, but which trial court stated would be 
admissible for rebuttal purposes, and the aggrava- 
ting evidence was overwhelming. Wong v. Bel- 
montes, 2009, 130 S.Ct. 383, 558 U.S. 15, 175 
L.Ed.2d 328, rehearing denied 130 S.Ct. 1122, 175 
L.Ed.2d 931, on remand 608 F.3d 1117. Criminal 
Law &=> 1961 



Chapter 22 
Obscenity. 



Section 

22-2201. 



Certain obscene activities and conduct 
declared unlawful; definitions; penal- 
ties; affirmative defenses; exception. 



§ 22-2201. Certain obscene activities and conduct declared unlawful; defini- 
tions; penalties; affirmative defenses; exception. 

Notes of Decisions 



20. Punishment and sanctions 

In sentencing defendant for possession and 
transportation of child pornography, the district 
court provided sufficient explanation for the impo- 
sition of a 40-year term of supervised release as 
part of the sentence; court explained that conduct 
underlying defendant's offenses was "of grave con- 
cern" because there was very aggressive sexual 
activity in the images defendant possessed when 
compared to other images that the court, had seen 



in other cases, and court noted that defendant 
claimed he had sexual contact with a six-year-old, 
and noted his apparent willingness to take his 
conduct beyond looking at images, and court ex- 
plained that rehabilitative treatment was not a 
cure and was something that defendant would have 
to deal with for the rest of his life. U.S. v. 
Accardi, C.A.D.C.2012, 669 F.3d 340, 399 U.S.App. 
DC. 283, petition for certiorari filed 2012 WL 
2029450. Sentencing and Punishment <&> 1911 



211 



§ 22-2201 

Note 20 



Chapter 24 
Perjury; Related Offenses. 



Section 

22-2405. False statements. 



D.C; 


OFFICIAL CODE) 


'- 


■-; .'.-/.;: as g 




-• ■. ■.-■ ■:" ■; ■:. .11 



§22-2405. False statements. ' , ].[ .'% 

(a) A person commits the offense of making false statements if that person wilfully makes a 
false statement that is in fact material, in writing, directly or indirectly, to any instrumentali-; 
ty of the District of Columbia government, under circumstances in which the statement could ( 
reasonably be expected to be relied upon as true; provided, that the writing indicates that the; 
making of a false statement is punishable by criminal penalties or if that person makes an 
affirmation by signing an entity filing or other document under Title 2% of the District of, 
Columbia Official Code, knowing that the facts stated in the filing are not true in any material 
respect or if that person makes an affirmation by signing a declaration under § 1-1061.13, 
knowing that the facts stated in the filing are not true in any material respect; 

(b) Any person convicted of making false statements/shall be fined not more than $1,000 or 
imprisoned for not more than 180 days s or both: A. violation of this: section shall be; 
prosecuted by the Attorney General for the District of Columbia or one of the Attorney 
General's assistants. ,..■> .'■":'* 

(Dec. 1, 1982, D.C. Law 4-164, § 404, 29 DGR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(e), 41 DCR' 
2608; July 2, 2011, D.C. Law 18-378, § 3(e), 58 DCR 1720; June 5, 2012, D.C. Law 19-137, § 121(b), 59' 
DCR2542.) .'■■■-..■■■..■ 

Historical and Statutory Notes 

Effect of Amendments of 2012", was introduced in Council and assigned 

D.C. Law 19-137, in subsec. (a), substituted "or Bill No. 19-356, which was referred to the Com- 

if that person makes an affirmation by signing a mittee on Government Operations. The Bill was 

declaration under § 1-1061.13, knowing that the adopted on first and second readings on February 

facts stated in the filing are not true in any 7, 2012, and March 6, 2012, respectively. Signed 

material respect" for "respect". „ by the Mayor on March 27, 2012, it was assigned 

Legislative History of Laws Act No. 19-334 and transmitted to both Houses of 

Law 19-137, the "Comprehensive Military and Congress for its review. D.C. Law 19-137 became; 

Overseas Voters Accommodation Amendment Act effective on June 5, 2012, ,. , ;> <■■; 

Chapter 28 
Robbery. 

Section . ■ ; 

22-2801. Robbery. 

§22-2801. Robbery.' ■ ■-/'/■' • ■; ,;;?>■>>;■«.•«;•. vr.-. :--w,!ii;:^ .(is 

Notes of Decisions sr < ;*;t 

27. Adequacy of representation,- counsel, only after the judge brought the problem to couh- 

for accused sel's attention), her subsequent allocution was 

Prosecutor, by recommending a 20-year sen- anything but an emphatic retreat from the impro- 

tence for defendant on his conviction for armed pfiety, and the demands of fairness .required 

robbery and related weapons and other offenses, something better from the government than a 

committed a grave and inexcusable breach of writ- blatant breach of the plea agreement followed by 

ten .plea agreement, pursuant to which prosecutor the prosecutor's implied dissatisfaction with that 

had agreed not to allocute for a sentence greater agreement during the course of her allocution, 

than ten years; while the prosecutor withdrew her Clark v. U.S., 2012, 2012 WL 2159358. Criminal 

request for a 20-year sentence, which occurred Law "S=> 273.1(2) 

212 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



35. Double jeopardy 

Defendants, who were each convicted of three 
counts of possession of a firearm during a crime of 
violence (PFCV), were not entitled to have such 
convictions merged into one conviction to avoid 
violation of double jeopardy; three PFCV convic- 
tions were based upon predicate offenses that re- 
quired proof of an element that the other did not, 
and with regard to the PFCV predicate offenses of 
second degree burglary and armed robbery, defen- 
dants had reached a "fork in the road" between 
their decisions to commit such offenses. Sanders 
v. U.S., 2002, 809 A.2d 584, certiorari denied 123 
S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after new sentencing hearing 975 A.2d 165, certio- 
rari denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Double Jeopar- 
dy ®=> 145 

More than one armed robbery occurs, for pur- 
poses of double jeopardy, where evidence shows 
that each person was the victim of a robbery 
because separate acts of violence were required to 
prevent each of them from retaining control of the 
property for which they were responsible. Sand- 
ers v. U.S., 2002, 809 A.2d 584, certiorari denied 
123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, 
appeal after new sentencing hearing 975 A.2d 165, 
certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 572, 
habeas corpus denied 2012 WL 1632862. Double 
Jeopardy ®=> 145 

75. Circumstances and condition of per- 
son robbed, admissibility of evidence 

Probative value of evidence of defendant's heroin 
addiction to place what happened at the crime 
scene in an understandable context was substan- 
tially outweighed by the prejudicial effect its ad- 
mission would have for defendant, such that the 
evidence was inadmissible for this purpose, in 



§ 22-3002 

Note 40.5 

prosecution for burglary, robbery, kidnapping, and 
felony murder; jury did not need the drug-addic- 
tion evidence to derive a coherent story of the 
evidence, in that even without the evidence of drug 
addiction, the evidence suggested that the crimes 
likely were the acts of a desperate person, and it 
did not appear that the drug-addiction evidence 
would be indispensable to the jury's understanding 
of the charged offenses. U.S. v. Morton, 2012, 
2012 WL 3242844. Criminal Law ®? 368.41 

Remand was required for trial court to conduct 
anew its discretionary balancing of the probative 
value of the evidence of defendant's heroin addic- 
tion as corroborative of inferences that pointed to 
defendant as the perpetrator against its prejudicial 
effect, in prosecution for burglary, robbery, kid- 
napping, and felony murder; defendant's addiction 
had probative value as corroborative of defendant's 
identity as the 'perpetrator, while evidence of his 
addiction might be reflective of his character and 
might suggest that he had criminal propensities, 
the relevance of the evidence was logically inde- 
pendent of those possibilities, and a fuller assess- 
ment by trial court of probative value of the evi- 
dence could affect its balancing of probative value 
against prejudicial effect. U.S. v. Morton, 2012, 
2012 WL' 3242844. Criminal Law®* 1181.5(7) 

124. Sentence and punishment 

Order resentencing defendant to 61 years to life 
for numerous crimes related to robbery of jewelry 
store was not an abuse of discretion; the sentence 
was within the statutory limits, and there was no 
evidence that the new sentence was based on false 
or misleading evidence. Saunders v. U.S., 2009, 
975 A.2d 165, certiorari denied 130 S.Ct. 815, 175 
L.Ed.2d 572, habeas corpus denied 2012 WL 
1632862. Sentencing And Punishment ®=> 645 



Chapter 30 
Sexual Abuse. 



Subchapter II. Sex Offenses. 

Section 

22-3002. First degree sexual abuse. 



Section 

22-3006. Misdemeanor sexual abuse. 
22-3007. Defense to sexual abuse. 



Subchapter II. Sex Offenses. 



§ 22-3002. First degree sexual abuse. 



Notes of Decisions 



40.5. Ineffective assistance of counsel 

Defense counsel's failure to present medical ex- 
pert to serve as rebuttal evidence against govern- 
ment's witnesses, and their ability to recall due to 
their state of mind as alleged crack cocaine users, 
did not prejudice defendant, and thus could not 
amount to ineffective assistance in prosecution for 
sexual abuse; defendant admitted to having sexual 



encounters with both women and his DNA was 
matched to semen found on each one, evidence 
presented at trial included testimony and medical 
reports that both victim had fresh injuries after 
their sexual encounters with defendant; and jury 
was aware of victims' long history of drug use. 
Thomas v. U.S., 2012, 2012 WL 1207422, petition 



213 



§ 22-3002 

Note 40.5 

for certiorari filed 2012 WL 2847548, 
Law ©=» 1931 



B.C. OFFICIAL CODE. 



Criminal 



§ 22-3006. Misdemeanor sexual abuse. 



Notes of Decisions 



7. Separate acts , 

The trial court's refusal to sever the mis'demearh 
or sexual abuse charges related to victim one from 
the misdemeanor sexual abuse charges related to 
victim two was erroneous; defendant's defense was 
that the sexual encounters were consensual, the 
intent required for the offense was only that defen- 

§ 22-3007. Defense to sexual abuse. 



.> ■•■ >' ' ' r Hh: 'in lioijfiloiv 
. > .■■..'•; ■:; "..: ':•!■ h\u : "<_'rf, r ,*:[ioit 

dafit had sexual contact with the victims 'intending 
to "gratify (his) sexual desire," and-th&Mt'/lfhat 
victim 1 one may hot have consented to sexualf activi- 
ty showed nothing as to whether vietini'-twc^Jdbii 1 
sehted to sexual activity with defendant; "E'oblg§ r vi 
U.S.; 2012, -2012 WL 3600888. Criminal' Law J ®=^ 
620(6)' ■•" l: '-■■■ "" '■• * ■<■>' •1'-' ) - w ' 

' . )[ iv':, ' '..'., " ■■■:'■■: "-.'ilk; 



Notes of Decisions 



7. Weight and sufficiency of evidence 

Evidence did not support affirmative defense 
consent instruction in prosecution for first-degree 
sexual assault, which placed the burden of persua- 
sion on defendant to prove consent by a prepon- 
derance of the evidence; defendant's defense at 
trial was limited to denying victim's claim that he 
forced her to perform sexual acts by threatening 
her with a pistol, and that victim, who was a 
prostitute, participated in their sexual encounter 
without coercion on his part, in exchange for cash, 
and then fabricated her accusation of a forcible 
sexual assault to exact revenge for defendant's 
refusal to pay her for all the sexual services he 
enjoyed, and defendant never claimed that victim 
was a willing participant despite his having held 
her at gunpoint, nor was there any evidence to 
support such a claim. Hatch v. U.S., 2011, 35 A.3d 
1115. Rape «=> 59(16) ', . 

8. Instructions 

Erroneous affirmative defense consent instruc- 
tion in prosecution for first-degree sexual assault, 



which placed the burden of persuasion on defen- 
dant to prove consent by a preponderance of the 
evidence created a reasonable likelihood that the 
jury applied the instruction so as to impermissibly 
shift the burden of persuasion to the defense oh 
the critical element of force, in violation of due 
process; instruction was confusing, trial court nev- 
er explained how jury could reconcile the affirMa- 
tive defense of consent with the government's 
burden of proving the use of force, but inst'eaij, 
perplexingly told the jury it had to consider 
whether victim consented even if it initially found 
the government had established the element of 
force., and while trial court properly toldxjury it 
could consider evidence of consent in deciding 
Whether the government had met its burden of 
proving force, it never explicitly warned the jury- 
that defendant's burden to prove consent >by a 
preponderance of the evidence was irrelevant to 
that determination. Hatch v. U.S., 2011, 35 A.3d 
1115; Constitutional Law ®= 4638; Criminal Law 
-.®=» 1172.1(4); Criminal Law ®=» 1172.2 



Chapter 32 



Theft; Fraud; Stolen Property; Forgery; and Extortion. >r 

Subchapter II. Theft; Related Offenses. ' "' ; " ,:i " ' ; ' ' '' s ' ''" [ - !,f,f: ;i: 



Section 

22-3214.01. Deceptive labeling. 



, r 7 uriv: ;.xiOii'iP t 



Subchapter II. Theft; Related Offenses. 



§ 22-3214.01. Deceptive labeling. 



Notes of Decisions 



1. Admissibility of evidence 

Thirty DVDs and 39 CDs allegedly seized from 
defendant at time of his arrest were admissible in 
prosecution for deceptive labeling of sound and 
audiovisual recordings, despite chain-of-custody 



concerns such as failure of police to mark each 
DVD and CD for identification, record titles ; pf 
discs, or seal the evidence bag containing the discs, 
combined with dearth of testimony at trial abput 
evidence-handling procedures of the evidence, con- 7 



214 



CRIMINAL LAW AND PROCEDURE AND PRISONERS § 22-4001 

Note 3 

trol branch; there was no evidence that police tampering or other mishandling. Plummer v. 
failed to maintain continuous custody over the U.S., 2012, 43 A.3d 260. Criminal Law ®=? 404.55 
discs seized from defendant, nor any evidence of 

Chapter 33 
Trespass; Injuries to Property. 

Section 

22-3302. Unlawful entry on property. 

§ 22-3302. Unlawful entry on property. 

Notes of Decisions 

8. Belief that entry is permitted, nature not initially answer officers' knock at door or the 

and elements of offense telephone, when student's mother finally came to 

Police officers did not have probable cause to door, she did not inquire about the reason for 

arrest occupants of house for committing District officers' visit or express concern that they were 

of Columbia offense of unlawful entry; some offi- investigating her son, and she then turned and ran 

cers were aware that occupants had been expressly back into the house when officers asked her if 

or impliedly invited onto property by a woman there were any guns inside. Ryburn v. Huff, 2012, 

who, according to one occupant, was renting the 132 S.Ct. 987, 181 L.Ed.2d 966, on remand 676 

house, and although someone an officer spoke with p.3<} 930. Civil Rights ®= 1376(6) 
by phone said nobody had permission to be in the 

house, there was no indication that occupants knew 30.5. Summary judgment 
or should have known they were entering against Gem]ine igsue of material fact as ' to whet her 
property owner s will, and although a neighbor told Uce officers who participated m ^^ for Dis . 

officers the house was supposed to be vacant, it trkt of Columbia offense of unlawftll ent that 

was not boarded up or secured in way that indicat- were not d b ^ cauge wer / aware 

ed owner wanted others to keep out. Wesby v. n. 4 ■ . -n ±- n. 

District of Column ania sui wh^m an V. that a woman wh ° was supposedly renting the 

rest ©=63.4(17) 

21. Searches and seizures fied immunity grounds on the arrestees' § 1983 

Police officers investigating a rumor that a high claims of unlawful arrest, even if the officers were 

school student had threatened to "shoot up" the ordered by superior officers to make the arrests, 

school had reasonable basis for fearing that vio- or they relied on the probable cause determination 

lence was imminent, entitling them to qualified of one or more of their fellow officers. Wesby v. 

immunity in action based on their warrantless District of Columbia, 2012, 841 F.Supp.2d 20. 

entry into student's home; student's parents did Federal Civil Procedure ®= 2491.5 



District of Columbia, 2012, 841 F.Supp.2d 20. Ar- r™ \ " V, T """ wno ="«— y -"""s »"= 
™=t &= fi« An 71 house had give the arrestees permission to enter 

the house precluded summary judgment on quali- 



SUBTITLE III 
SEX OFFENDERS. 

Chapter 40 
Sex Offender Registration. 



Section 

22-4001. Definitions. 



§ 22-4001. Definitions. 

Notes of Decisions 

3. Registration offense ure to register, even though Government elicited 
Defendant was "sex offender" who lived or re- evidence that defendant had moved to Maryland, 
sided in District of Columbia at time he failed to where defendant had updated his District of Co- 
register, as required to support conviction for fail- lumbia address when he registered previously, and 

215 



DC. OFFICIAL CODE 



§22-4001 

Note 3 

he did riot report his address before he moved to renew registration. Jones v. U.S., 2011; 35 A.3d 
Maryland or before date that he was required to 428. Mental Health ^» 469.5 ■ '' ' '? 



SUBTITLE III-A 
DNA TESTING. 

Chapter 41A 



DNA Testing and Post-Conviction Relief foFIftnocefi^Persdhs 



noitoofc! 



Section 

22-4135. Motion to vacate a conviction or grant a 
new trial on the ground of actual 
innocence. r 



'3 (Hi 






§ 2244135; Motion to vacate a conviction or grant a new trial on the ground of 
actual innocence. i ; 



Notes of Decisions 



Recantation 3 



2. Discretion of court 

TTrial court acted within its discretion in denying 
defendant's motion for a new murder trial based 
on ineffective assistance of counsel, pursuant to the 
statute governing remedies on a motion attacking 
a sentence, and on newly discovered evidence, 
pursuant to the Innocence Protection Act (IPA), 
even though defendant argued in part that defense 
counsel failed to interview and call various persons 
to testify and that a testifying police officer had 
been indicted for tax fraud; trial court ! held a 
hearing at which it heard testimony from defen- 
dant, codefendant, and defense counsel, credited 
defense counsel's testimony about his conduct and 
reasonably concluded that he did not perform defi- 
ciently, and stated its basis for excluding each of 
the proposed witnesses. Paige v. U.S., 2011, 25 
A.3d 74, certiorari denied 132 S.Ct. 1605, 182 
L.Ed.2d212. Criminal Law <&* 1923 



3. Recantation 

Even if victim's letter to trial court constituted a 
recantation and her recantation was credited, deJ 
fendant, who had been convicted of assault with 
intent to commit first-degree sexual abuse (AWIG- 
SA), failed to show that a manifest injustice ocf 
curred, as necessary to warrant vacation of his 
sentence, or that he was actually innocent; as 
necessary to warrant relief under Innocence Pro* 
tection Act (IPA); evidentiary value ■■ of victim's 
purported recantation was low, and would have, at 
best, been used to impeach her initial account of 
the events that a rape or attempted rape had 
occurred, defendant did not dispute that he seri- 
ously assaulted victim with a knife, nor could he; 
given the extent of her wounds as reflected in the 
medical records, victim's initial account of what 
happened continued to carry weight, especially in 
light of its consistency with the other evidence, and 
a paramedic recalled that while victim was receiv- 
ing . treatment, she reported having been raped. 
Meade v. U.S., 2012, 48 A3d 761. Criminal Law 
. ®= : 1457;- Criminal Law ®= 1538 



SUBTITLE FI 
REGULATION AND POSSESSION OF, WEAPONS. 

Chapter 45 
Weapons and Possession of Weapons. 



re'vvic-; 
.If;;:' ;:: 



Section Section 

22-4501. Definitions. 22-4504. 

22-4502. Additional penalty for committing ' ' 
!>::: : crime when armed. 

22^4502.01. Gun free zones; enhanced penalty. ,• 22-4505. 

22-4503. Unlawful possession of firearm. 22^4508. 



Carrying concealed weapons; posses- 
sion of weapons during commission 
of crime of violence; penalty. .;; 

Exceptions to § 22^4504. 

Transfers of firearms regulated. 



■216 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 

§ 22-4501. Definitions. 

Historical and Statutory Notes 



§ 22-4502 

Note 100.5 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 3(a) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 
DCR 5116). 



For temporary (90 day) amendment of section, 
see § 3(a) of the Firearms Amendments Congres- 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



§ 22-4502. Additional penalty for committing crime when armed. 

Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 3(b) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 
DCR 5116). 



For temporary (90 day) amendment of section, 
see § 3(b) of the Firearms Amendments Congres- 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



Notes of Decisions 



3. Purposes and legislative intent 

The primary purpose of statute authorizing im- 
position of enhanced sentence for a person who 
commits a crime of violence or a dangerous crime 
involving a firearm is to authorize imposition of an 
additional penalty for committing certain underly- 
ing offenses while armed with or having readily 
available a dangerous weapon; statute also serve 
the additional purposes of requiring more severe 
treatment of recidivists and those who wield fire- 
arms, as reflected in the required five-year manda- 
tory-minimum sentences. Clyburn v. U.S., 2012, 
48 A3d 147. Sentencing and Punishment ©= 79 

42. Double jeopardy 

Imposition of enhanced sentences for defen- 
dant's offenses in prosecution for gun-related of- 
fenses did not violate double jeopardy, even 
though defendant was on pretrial release at time 
he committed gun-related offenses; defendant's 
commission of gun-related offenses were distinct 
and separate. Sanders v. U.S., 2002, 809 A.2d 584, 
certiorari denied 123 S.Ct. 1602, 538 U.S. 937, 155 
L.Ed.2d 340, appeal after new sentencing hearing 
975 A.2d 165, certiorari denied 130 S.Ct. 815, 175 
L.Ed.2d 572, habeas corpus denied 2012 WL 
1632862. Double Jeopardy ®= 30 

43. Joint or separate trial of charges 

Trial court did not abuse its discretion by deny- 
ing defendants' motion to sever their trial for gun- 
related offenses from codefendant, even though 
defendants claimed that the admissibility of a vid- 
eotape concerning other crimes evidence of code- 
fendant required severance; trial court carefully 
instructed the jury on the proper use of the video- 
tape, most of counts defendants were charged with 
pertained to a joint venture executed by all of the 
defendants at the same time with a common pur- 
pose, and although three counts of offenses only 
applied to one individual defendant, evidence re- 



garding each was kept separate and distinct. 
Sanders v. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. 
Criminal Law ®= 622.7(8) 

58. Expert testimony, admissibility of evi- 
dence 

Medical examiner's testimony that she did not 
think victim was injured by a hand because of skull 
fractures, witness's testimony that it looked like 
victim was hit with something, and photographs 
showing blood splatter on the walls, ceilings, and 
shelving in the victim's home was sufficient for 
imposition on defendant of additional penalty for 
murder in the second degree for committing a 
crime when armed with or having readily available 
any dangerous or deadly weapon. Brown v. U.S., 
2011, 27 A.3d 127, petition for certiorari filed 2012 
WL 3279971. Sentencing and Punishment <s= 323 

100.5. Weight and sufficiency of evidence, 

sentence and punishment 

Evidence was insufficient to establish that as- 
sault rifle was "readily available" to defendant 
while he committed underlying offense of posses- 
sion with intent to distribute (PWID), thus pre- 
cluding imposition of enhanced sentence under 
statute governing crimes of violence or dangerous 
crimes involving firearms; the assault rifle was 
located in the bedroom beyond the living room 
where drug money was located and beyond the 
dining and hallway area, and no evidence was 
introduced specifying the distance between the 
living room and the bedroom, or the ease of the 
path from the living room to the bedroom and the 
assault rifle. Clyburn v. U.S., 2012, 48 A3d 147. 
Weapons «= 293(3) 



217 



§ 22-4502.01 



DC. OFFICIAI/IGOB© 



§ 22-4502.01. Gun free zones; enhanced penalty. 



■? i. 



CP 



Notes of Decisions 



Double jeopardy 2 



2. Double jeopardy 

Separate sentences for carrying pistol without 
license, possession of firearm by convicted felon, 
and unregistered firearm did not violate prohibi- 
tion against double jeopardy; each crime required 



proof of element that others did not, in thafounregl 
istered firearm required proof firearm wasiunreg- 
istered, unlawful possession of firearm by felon 
required proof that defendant was Convicted felon, 
and carrying pistol without license required ; pf oof 
that defendant carried weapon. Washington v. 
U.S., 2012, 2012 WL 2050S78. Double Jeopardy; 
'■3=140 ''■■■ l " : "' '■ ; ' '"''■ ' ri 



§22-4503. Unlawful possession of firearm. 

Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 3(c) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 
DCR5116). ;:..V^ 



, , For temporary (90 day) amendment of section; 
see § 3(c) of the Firearms Amendments, Congres-- 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



Notes of Decisions 



I'ju'ii 



5. Double jeopardy 

Separate sentences for carrying pistol without 
license, possession of firearm by convicted felon, 
and unregistered firearm did not violate prohibi- 
tion against double jeopardy; each crime required 
proof of element that others did not, in that unreg- 
istered firearm required proof firearm was unreg- 



istered, , unlawful possession of firearm ibyofe/lpnt 
required proof that defendant was convicted; felon* 
and carrying pistol without license required iprooft 
that defendant carried weapon. Washington', ife 
U.S., 2012, 2012 WL 2050378. Double Jeopardy 
<s=140 ■ '■ '■ )iri.'; [ i ;/.: 



§22-4504. 



•■' ■ ' ■■■ : [jinliiH'ff 

Carrying concealed weapons; possession of weapons during icom* 
mission of crime of violence; penalty. 



Historical and Statutory Notes 



MI.A 



Emergency Act Amendments .',-. , 

For temporary (90 day) amendment of section, 
see § 3(d) of Firearms Emergency Amendment 
Act of 2012 (D.C. Act 19-352, May 11, 2612, 59 
DCR 5116). ' 



For temporary (90 day) amendment, of section, 
see § 3(d) of the Firearms Amendments Congress 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694).' 



Notes of Decisions 



24. Arrest 

Defendant preserved for appellate review asser- 
tion that trial court erroneously precluded him 
from cross-examining the arresting officer during 
defendant's suppression hearing in weapons prose- 
cution about a civil suit for false arrest pending 
against the officer without first hearing a proffer 
from defendant on the relevance of the proposed 
cross-examination,, where defendant sought trial 
court's permission to proffer the relevance of the 
proposed cross-examination once and, although the 
trial court prefaced its ruling excluding inquiry 
into the civil suit with the phrase, "Not right now," 
the trial court made it clear throughout the hear- 
ing, that it would not entertain questioning about 
facts that it considered outside the scope of the 
issue of consent, even if they related to officer's 
credibility. Dawkins v. U.S., 2012, 41 A3d 1265. 
Criminal Law e=> 1036.1(9); Criminal Law <3=> 1045 



30. Constitutional rights of defendant ' 

Trial court did hot abuse its discretion and vio- 
late the Sixth Amendment by disqualifying for an 
actual conflict attorney who defendant attempted 
to add to his defense team shortly before trial, in 
prosecution of defendant for first-degree ; premedit 
tated murder while armed and related weapons 
charges, where attorney had represented at grand, 
jury friend of defendant who had provided a gun to 
defendant and consented to police recording a 
conversation with defendant, and, though attorney 
claimed he did not remember any details of his 
representation of defendant's friend, attorney may' 
have remembered information during trial and 
could have been forced to choose between usiiig 
the information for defendant's advantage or rp^ 
frain from ' using it to defendant's disadvantage., 
Wilson v. U.S., 2010, 995 A2d 174, habeas coitjrus: 
denied 2012 WL 2428429. Criminal Law <32>''ii$f 



218 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



§ 22-4504 
Note 116 



46. Merger of offenses 

Rule of lenity was not applicable to merge defen- 
dant's sentence enhancement for gun-related of- 
fenses with other sentence enhancement, even 
though defendant was sentenced to a maximum 
term of more than his natural life on each count; 
charges relating to the gun-related offenses were 
separate offenses, not the same offense. Sanders 
v. U.S., 2002, 809 A.2d 584, certiorari denied 123 
S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after new sentencing hearing 975 A.2d 165, certio- 
rari denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Sentencing And 
Punishment <s=> 643 

70. Hearsay, admissibility of evidence 

Statements made during videotaped conversa- 
tion by friend of defendant, asserting to defendant 
that friend had provided defendant with a gun a 
week before defendant's wife was murdered, were 
adoptive admissions by defendant, and thus could 
be admitted in trial for first-degree murder with- 
out violating the Confrontation Clause though de- 
fendant's friend did not testify at trial, as defen- 
dant was listening to friend's statements, friend 
repeatedly expressed concern about the temporal 
proximity to giving defendant a gun and the mur- 
der of defendant's wife, assertion that friend pro- 
vided a gun was an assertion that defendant under 
all the circumstances should have naturally been 
expected to deny if it was untrue, and, though 
defendant denied assertions or suggestions he 
killed his wife, defendant did not deny assertions 
that friend provided him with a gun. Wilson v. 
U.S., 2010, 995 A.2d 174, habeas corpus denied 
2012 WL 2428429. Criminal Law.<3=> 410.35; 
Criminal Law ®=> 662.8 

90. Possession of weapon generally, 

weight and sufficiency of evidence 

Evidence was sufficient to support convictions 
for second-degree murder while armed, possession 
of a firearm during a crime of violence (PFCV), 
and carrying a pistol without a license (CPWL), 
even though defendant argued that the testimony 
of one witness was too contradictory and unsub- 
stantiated to identify him sufficiently as a shooter; 
eyewitness testified that she saw defendant and 
codefendant both shoot in the direction of a car 
being driven by victim and identified defendant by 
his appearance and nickname, two officers testified 
that they saw defendant near the scene after the 
murder, a defense witness testified that she heard 
what sounded like two guns, and, inter alia, no 
physical evidence undermined the government's 
case. Paige v. U.S., 2011, 25 A.3d 74, certiorari 
denied 132 S.Ct. 1605, 182 L.Ed.2d 212. Homicide 
®= 1181; Weapons &=> 294(5) 



95, 



— Operability of weapon, weight and 
sufficiency of evidence 

Evidence supported a finding, on charge of car- 
rying a pistol without a license (CPWL) after 
having previously been convicted of a felony, that 
handgun at issue was operable; although a bullet 
was stuck in barrel when one officer recovered 
handgun, officer officers merely pushed it out, and 
the weapon was successfully test-fired thereafter. 
Wynn v. U.S., 2012, 48 A.3d 181. Weapons &= 
291(5) 

104. Sentence and punishment 

Separate sentences for carrying pistol without 
license, possession of firearm by convicted felon, 
and unregistered firearm did not violate prohibi- 
tion against double jeopardy; each crime required 
proof of element that others did not, in that unreg- 
istered firearm required proof firearm was unreg- 
istered, unlawful possession of firearm by felon 
required proof that defendant was convicted felon, 
and carrying pistol without license required proof 
that defendant carried weapon. Washington v. 
U.S., 2012, 2012 WL 2050378. Double Jeopardy 
«= 140 

116. Instructions, harmless or reversible 

error 

Erroneous failure to give a unanimity instruction 
as to which weapon, if any, was possessed by 
defendant did not affect his substantial rights or 
seriously affect fairness of trial on charge of carry- 
ing a pistol without a license (CPWL) after having 
previously been convicted of a felony, as necessary 
to warrant reversal on plain-error review; trial 
court gave general unanimity instruction, and, 
while there were three . possible factual scenarios 
involving different times, potentially different 
weapons, and different locations, ample evidence 
supported the most likely basis of conviction, i.e., 
that defendant earned pistol found in his girl- 
friend's car. Wynn v. U.S., 2012, 48 A.3d 181. 
Criminal Law &= 1038.2 

Trial court should have given a special unanimity 
instruction regarding which weapon, if any, was 
possessed by defendant with respect to charge of 
carrying a pistol without a license (CPWL) after 
having previously been convicted of a felony, as 
jury could have found defendant guilty based upon 
three factual scenarios, each of which involved 
possession of potentially different weapons, at dif- 
ferent times, and in different locations. Wynn v. 
U.S., 2012, 48 A.3d 181. Criminal Law &=> 798(.7) 

Trial court's failure to give jury a special una- 
nimity instruction with regard to which firearm, if 
any, was carried by defendant would be reviewed 
only for plain error, on appeal of conviction for 
carrying a pistol without a license (CPWL), where 
defendant did not request a special unanimity in- 
struction. Wynn v. U.S., 2012, 48 A.3d 181. Crim- 
inal Law <S=> 1038.3 



219 



§22Ht505 DC. OFFICIAL COB© 

§22-4505. Exceptions to § 22-4504. f .w 

Historical and Statutory Notes ;fi 

Emergency Act Amendments For temporary (90 day) amendment of section,. 

For temporary (90 day) amendment of section, see § 3(e) of the Firearms Amendments Congres^-, 

see § 3(e) of Firearms Emergency Amendment sional Review Emergency Amendment Act of 2012 ! 

Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 (D . C . Act 19-394, July 18, 2012, 59 DCR 8694).' 

DCR 5116). ■ >•>'>> ■■•!■: 



§ 22-4508. Transfers of firearms regulated. 

Historical and Statutory Notes v , 

Emergency Act Amendments For temporary (90 day) amendment of sesctibri, 

For temporary (90 day) amendment of section, see § 3(f) of the Firearms Amendments Congres- 

see § 3(f) of Firearms Emergency Amendment Act sional Review Emergency Amendment Act of 20i2 

of, 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR (D.C. Act 19-394/ July 18, 2012, 59 DOR 8694). 

5116). ■ -;■,■•.) :■:■■;: .',-,:. • ,11 

'■ ■"■■'■. ' title 23 ; ; : :' v '-::v,- X 

■■'•"" CRIMINAL PROCEDURE. .' '//'inn 

Chapter « Sectiori> 

1. General Provisions 23-105; 

3, Indictments and Informations; ....... . 23-311. 

5. Warrants and Arrests 23-521 

13. Bail Agency [Pretrial Services Agency] and Pretrial Detention. 23-1327, 

Chapter 1 
General Provisions. 

Section Section , 7 ','. !]y. 

23-105. Challenges to jurors. 23-113. Limitations on actions for criminal viola-, 
2,3-110, Remedies on motion attacking sentence. tions. "' ,jl '"' 

23-1 1L Proceedings to establish previous convic- ; ,, \ f)( , 

tions. ' '.' " . '" 

-■ •■-SiivM 

§23-105, Challenges to jurors. ' '""■;'!.' vl 

Notes of Decisions " 

1. Jury, pool the jurors in question; finally trial court must 

On Batson claim that prosecutor has used per- determine whether : the defendant has carried his 

emtitorv challene-es in manner violatine- eaual wo- burden . of proving _ purposeful discrimination., 

emptory challenges m mannei violating equal pro ganders V- U.S., 2002, 809 A2d 584, certiorari 

tectum clause, defendant must first make a prima deniea l2 g g.Ct. 1602, 538 U.S. 937, 155 LM2ii 

facie showing that the prosecutor has exercised 3 4 Qj appeal after new sentencing hearing 975 A.2d: 

peremptory challenges on the basis of race; if such ieg ; certiorari denied 130 S'.Ct. 815, 175 L.Ed.2d 

showing is made, burden shifts to the prosecutor to 572, habeas corpus denied 2012 WL 1632862. Jury 1 

articulate a race-neutral explanation for striking ®=> 33(5.15) 

§ 23-110. Remedies on motion attacking sentence. 

Notes of Decisions 

1. Construction and application invoke actual innocence exception, and thus that 

Section of District of Columbia Code establish- procedure was adequate to test legality of defen- 

ing procedure for collateral review of convictions dant's detention; consequently, defendant was not 

provided forum for "gateway" innocence claims to authorized to petition federal court for habeas 

220 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



relief on basis that relief under Innocence Protec- 
■ tion Act (IP A) was his exclusive remedy and out- 
side of collateral review procedure. Ibrahim v. 
U.S., CA.D.C.2011, 661 F.3d 1141, 398 U.SApp. 
D.G. 227. Habeas Corpus @= 365 • 

3.5. Discretion of court 

Trial court acted within its discretion in denying 
defendant's motion for a new murder trial based 
on ineffective assistance of counsel, pursuant to the 
statute governing remedies oh a motion attacking 
a sentence, and on newly discovered evidence, 
pursuant to the Innocence Protection Act (IPA), 
even though defendant argued in part that defense 
counsel failed to interview and call various persons 
to testify and that a testifying police officer had 
been indicted for tax fraud; trial court held a 
hearing at which it heard testimony from defen- 
dant, codefendant, and defense counsel, credited 
defense counsel's testimony about his conduct and 
reasonably concluded that he did not perform defi- 
ciently, and stated its basis for excluding each of 
the proposed witnesses. Paige v. U.S., 2011, 25 
A.3d 74, certiorari denied 132 S.Ct. 1605, 182 
L.Ed.2d212. Criminal Law @= 1923 

6.5. Double jeopardy 

Double jeopardy clause compels merger of dupli- 
cative convictions for the same offense, so as to 
leave only a single sentence for that single offense. 
McCoy v. U.S., 2006, 890 A2d 204, as amended, 
appeal after new trial 2012 WL 1888131. Double 
Jeopardy ®? 132.1 

7. Hearing, generally 

Trial court was not required to conduct a hear- 
ing prior to admitting lay, non-eyewitness video- 
tape identification testimony in prosecution for 
gun-related crimes, where defendant and codefen- 
dant failed to request a hearing. Sanders v. U.S., 
2002, 809 A.2d 584, certiorari denied 123 S.Ct. 
1602, 538 U.S. 937, 155 L.Ed,2d 340, appeal after 
new sentencing hearing 975 A2d 165, certiorari 
denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
e= 339.11(2) 

8.5. Sentencing and punishment 

Appellate counsel's failure to "reargue" the suffi- 
ciency of the evidence supporting defendant's up- 
held convictions and to challenge the imposition of 
consecutive sentences for armed robbery and 
armed burglary was not objectively unreasonable, 
as required to support defendant's ineffective as- 
sistance claim, after the District of Columbia Court 
of Appeals remanded defendant's case for the lim- 
ited purpose of correcting the improperly imposed 
enhancements to his sentence; such arguments 
would have been outside the scope of the remand, 
and under the mandate rule, the inferior court had 
no power or authority to deviate from the mandate 
issued by the appellate court Sanders v. Cara- 
way, 2012, 2012 WL 1632862. Criminal Law ®= 
1969 



§ 23-110 

Note 20 

11. Adequacy of representation by coun- 
sel for accused 

Defendant was not denied effective assistance of 
counsel due to appellate counsel's purported failure 
to argue on direct appeal that trial counsel failed 
to effectively litigate his motion to suppress evi- 
dence, based in large part on alleged suggestive 
identification of him at crime scene, where trial 
counsel preserved suppression issues for appeal 
and appellate counsel advanced them on appeal, 
and appellate court rejected, defendant's claims on 
merits. Graham v. Bledsoe, 2012, 841 F.Supp.2d 
134. Criminal Law ©= 1969 

12. Reservation of grounds for review, 

counsel for accused' 

The mere fact that District of Columbia court 
denied on procedural grounds petitioner's motion 
for post-conviction relief raising claim of ineffective 
assistance of trial counsel did not establish that 
District of Columbia code section governing such 
relief was inadequate or ineffective for consider- 
ation of claim, and thus district court lacked juris- 
diction to consider petitioner's § 2241 habeas peti- 
tion raising the same claim. Earle v. U.S., 2011, 
808 F.Supp.2d 301, certificate of appealability de- 
nied 2011 WL 4842469. Habeas Corpus <s= 422 

16. Evidence — In general 

Section of District of Columbia Code establish- 
ing procedure for collateral review of convictions 
provided forum for "stand-alone" claims of actual 
innocence based on newly discovered evidence, and 
thus that procedure was adequate to test legality 
of defendant's detention; consequently, defendant 
was not authorized to petition federal court for 
habeas relief on basis that relief under Innocence 
Protection Act (IPA) was his exclusive remedy and 
outside of collateral review procedure. Ibrahim v. 
U.S., CA.D.C.2011, 661 F.3d 1141, 398 U.SApp. 
D.C. 227. Habeas Corpus ©= 365 

20. Newly discovered evidence 

Even if victim's letter to trial court constituted a 
recantation and her recantation was credited, de- 
fendant, who had been convicted of assault with 
intent to commit first-degree sexual abuse (AWIC- 
SA), failed to show that a manifest injustice oc- 
curred, as necessary to warrant vacation of his 
sentence, or that he was actually innocent, as 
necessary to warrant relief under Innocence Pro- 
tection Act (IPA); evidentiary value of victim's 
purported recantation was low, and would have, at 
best, been used to impeach her initial account of 
the events that a rape or attempted rape had 
occurred, defendant did not dispute that he seri- 
ously assaulted victim with a knife, nor could he, 
given the extent of her wounds as reflected in the 
medical records, victim's initial account of what 
happened continued to carry .weight, especially in 
light of its consistency with the other evidence, and 
a paramedic recalled that while victim was receiv- 
ing treatment, she reported having been raped. 
Meade v. U.S., 2012, 48 A.3d 761. Criminal Law 
©= 1457; Criminal Law <s= 1538 



221 



§ 23-110 

Note 21 

21. — — Witness tampering, evidence 

Appeals to the passions of the jury, such as the 
presentation of evidence of threats against a wit- 
ness, has the potential for great prejudice against 
the defendant. Sanders v. U.S., 2002, 809 A.2d 
584, certiorari denied 123 S.Ct. 1602, 538 U.S. 937, 
155 L.Ed.2d 340, appeal after new sentencing 
hearing 975 A.2d 165, certiorari denied 130 S.Ct; 
815, 175 L.Ed.2d 572, habeas corpus denied 2012 
WL 1632862. Criminal Law «= 2146. 

21.5. — — Admissibility of evidence 

A decision on the admissibility of evidence is 
committed to the sound discretion of the trial 
court, and an appellate court will not disturb its 
ruling absent an abuse of discretion. Sanders v. 
U.S., 2002, 809 A.2d 584, certiorari denied 123 
S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after new sentencing hearing 975 A.2d 165, certio- 
rari denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
®=> 661; Criminal Law ©= 1153.1 

If evidence of prior bad acts that are criminal in 
nature and independent of the crime charged is 
offered to prove predisposition to commit the 
charged crime, it is inadmissible. Sanders v. U.S., 
2002, 809 A.2d 584, certiorari denied 123 S.Ct. 
1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal after 
new sentencing hearing 975 A.2d 165, certiorari 
denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
®= 368.5 

Rule limiting admissibility of other crimes evi- 
dence does not apply where such evidence is (1) 
direct and substantial proof of the charged crime, 
(2) closely intertwined with the evidence of the 
charged crime, or (3) necessary to place the 
charged crime in an understandable context. 
Sanders v. U.S., 2002, 809 A2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 
'340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. 
Criminal Law <&=> 368.68; Criminal Law «=• ,368.69 

The one requirement that applies to the admis- 
sion of all evidence of other crimes, is that rele- 
vance, or probative value, must be weighed against 
the danger of unfair prejudice. Sanders v. U.S., 
2002, 809 A.2d 584, certiorari denied 123 S.Ct. 
1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal after 
new sentencing hearing 975 A.2d 165, certiorari 
denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
®=> 368.13 

The balancing of the probative value and preju- 
dice of other crimes evidence to determine its 
admissibility is committed to the discretion of the 
trial judge, and an appellate court will review it 
only for abuse of such discretion. Sanders v. U.S., 
2002, 809 A.2d 584, certiorari denied 123 S.Ct. 
1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal after 
new sentencing hearing 975 A.2d 165, certiorari 
denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
®= 368.13; Criminal Law ®=> 1153.5 



D.C. OEEICIAEMME 

Admission of other crimes 'evidence in prose'te 
tion for gun-related offenses; which consisted!' :6f 
videotape made prior to . charged crime's that 
showed witness leaving defendant's home malted 
after defendant held a gun to her head, was a.d.misj 
sible under the doctrine of curative admissibility, 
where witness had been impeached on crosS-exam- 
ination by testifying that she had had intercourse 
with defendant after such incident, and thus evi- 
dence corroborated witness's direct examination 
testimony that defendant did have a gun and that 
witness had such intercourse due to coercion. 
Sanders v. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed,2d 
340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. Wit- 
nesses «=» 414(1) 

Lay witness opinion testimony regarding the 
identity, , of, a defendant in a surveillance photo- 
graph or a surveillance videotape is admissible into 
evidence, provided that such testimony is: (a) ra- 
tionally based on, the perception of a witness who is 
'familiar with the .defendant's appearance and has 
had substantial, contact with the defendant; and (b) 
helpful to the factfinder in the determination of a 
fact in issue. Sanders v. U.S., 2002, 809 A.2d 584, 
certiorari denied 123 S.Ct. 1602, 538 U.S. 937, 155 
L.Ed.2d 340, appeal after new sentencing hearing 
975 A.2d 165, certiorari denied 130 S.Ct. 815,' 175 
L.Ed.2d 572, habeas corpus denied 2012 WL 
1632862. Criminal Law ®= 452(3) ' ! ' 

In permitting lay witness opinion testimony -re- 
garding the identity of a defendant in a surveil- 
lance photograph or a surveillance videotape* trial 
court should be reasonably satisfied that because 
of the either obscured or altered appearance of the 
defendant in the photograph or the videotape,' or 
changed appearance of the defendant, that the lay 
witness is more likely to accurately identify the 
defendant than is the factfinder. Sanders v. U.S.; 
2002, 809 A.2d 584, certiorari denied 123 S.Ct; 
1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal after 
hew sentencing hearing 975 A.2d 165, certiorari 
denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
<S= 452(3) ' ; ■■;:.;;;■■..■■ 

Admissibility of lay witness opinion testimony 
regarding the identity of a defendant in a surveil- 
lance photograph or a surveillance videotape- is 
subject to the sound discretion of the trial court. 
Sanders V. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 US. 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. 
Criminal Law ®=» 452(3) 

Trial court, in prosecution for gun-related of- 
fenses, did hot abuse its discretion by admitting 
opinions of lay witnesses who identified defendant 
and codefendant as the two individuals appearing 
in surveillance videotape of store that had been 
robbed and the photographs derived from the vid- 
eotape; government properly laid the foundation 
showing that each of the lay witnesses' opinion was 



222 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



rationally related to the witness' own perceptions, 
government showed that such testimony would be 
helpful to the jury, and lay witnesses demonstrated 
particular familiarity with both individuals and had 
had substantial contact with them. Sanders v. 
U.S., 2002, 809 A.2d 584, certiorari denied 123 
S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after new sentencing hearing 975 A2d 165, certio- 
rari denied 130 S.Ct. 815; 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
©=452(3) 

21.7. Confessions 

Ordinarily, a witness whose testimony is intro- 
duced at a joint trial is not considered to be a 
witness against a defendant if the jury is instruct- 
ed to consider that testimony only against a co- 
defendant. McCoy v. U.S., 2006, 890 A.2d 204, as 
amended, appeal after new trial 2012 WL 1888131. 
Criminal Law &=> 673(4) 

Where references to one defendant in a co- 
defendant's statement are removed or replaced, 
admission of the redacted statement will not vio- 
late the confrontation clause if, when viewed to- 
gether with other evidence, the statement does not 
create an inevitable association with the defendant, 
and a proper limiting instruction is given. McCoy 
v. U.S., 2006, 890 A.2d 204, as amended, appeal 
after new trial 2012 WL 1888131. Criminal Law 
<&=» 662.10 

Defendant's trial should not have been severed 
from that of co-defendant on ground that jury 
heard the contents of co-defendant's confession, 
which implicated defendant; two crucial measures 
undertaken by trial judge compensated for any 
possible prejudice which might have emanated 
from co-defendant's confession, namely the confes- 
sion was redacted to eliminate any reference to 
defendant and judge instructed the jury several 
times that co-defendant's confession could be used 
only against co-defendant. McCoy v. U.S., 2006, 
890 A.2d 204, as amended, appeal after new trial 
2012 WL 1888131, Criminal Law ®=» 622.7(9) 

The standard for determining whether admis- 
sion of illegally obtained confession is harmless 
error is whether overwhelming evidence exists to 
support the conviction, independent of the tainted 
confession. McCoy v. U.S., 2006, 890 A.2d 204, as 
amended, appeal after new trial 2012 WL 1888131. 
Criminal Law ®=» 1169.12 

Although prosecutor referred to the contents of 
the improperly obtained confession during the 
opening and closing arguments — and especially in 
the rebuttal argument — this alone did not neces- 
sarily make government's use of the confession 
reversible constitutional error. McCoy v. U.S., 
2006, 890 A.2d 204, as amended, appeal after new ■ 
trial 2012 WL 1888131. Criminal Law ®=» 
1171.1(2.1); Criminal Law ®=» 1171.2; Criminal 
Law «=» 1171.7 

Trial court's error in admitting illegally obtained 
confession was harmless; the available evidence, 
independent of the tainted confession, directly 
identified defendant as the shooter, and although 
defendant admitted shooting at the car in his 



§ 23-110 

Note 42 

videotaped confession, that information was entire- 
ly cumulative of the testimony of witnesses. 
McCoy v. U.S., 2006, 890 A.2d 204, as amended, 
appeal after new trial 2012 WL 1888131. Criminal 
Law ®=» 1169.2(6) 

Trial court's error in admitting illegally obtained 
confession was not harmless because. the confes- 
sion, while partially cumulative of other testimony, 
presented the jury .with two significant pieces of 
evidence, namely that defendant was involved in 
the planning of the shooting and that he instructed 
co-defendant to "get at them," and this testimony 
was not found anywhere else in the government's 
case against defendant; defendant's confession pro- 
vided the jury with the most incriminating evi- 
dence against him, which appeared nowhere else in 
the record. McCoy v. U.S., 2006, 890 A.2d 204, as 
amended, appeal after new trial 2012. WL 1888131. 
Criminal Law <S=> 1169.12 

If the content of the improperly admitted confes- 
sion is replicated in toto by other evidence, then 
the error is harmless. McCoy v. U.S., 2006, 890 
A.2d 204, as amended, appeal after new trial 2012 
WL 1888131. Criminal Law ®=> 1169.2(6) 

22. Sufficiency of evidence 

In reviewing a claim of insufficient evidence, 
appellate court must determine whether a rational 
trier of fact could have found the essential ele- 
ments of the crime beyond, a reasonable doubt, 
reviewing the evidence in the light most favorable 
to the government, and giving full play to the right 
of the jury to determine credibility, weigh the 
evidence, and draw justifiable inferences of fact; 
appellate court does not distinguish between direct 
and circumstantial evidence. McCoy v. U.S., 2006, 
890 A.2d 204, as amended, appeal after new trial 
2012 WL 1888131. Criminal Law ®=> 1159.2(7); 
Criminal Law ®=> 1159.2(8); Criminal Law ®=> 
1159.6 

25. Jury composition 

On Batson claim that prosecutor has used per- 
emptory challenges in manner violating equal pro- 
tection cjause, defendant must first make a prima 
facie showing that the prosecutor has exercised 
peremptory challenges on the basis of race; if such 
showing is made, burden shifts to the prosecutor to 
articulate a race-neutral explanation for striking 
the jurors in question; finally trial court must 
determine whether the defendant has carried his 
burden of proving purposeful discrimination. 
Sanders v. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. Jury 
<£=> 33(5.15) 

42. Federal jurisdiction, habeas corpus 

Because District of Columbia Code provision 
governing remedies on motion attacking sentence 
does not provide a remedy for claims of ineffective 
assistance of appellate counsel, a federal district 
court may review a federal habeas petition assert- 
ing ineffective assistance of appellate counsel after 



223 



§23-110 

Note 42 

the petitioner has moved to recall the mandate in 
the District of Columbia Court of Appeals. Sand- 
ers v. Caraway, 2012, 2012 WL 1632862. Habeas 
Corpus <&=> 362.1; Habeas Corpus <&=> 374.1 

Petitioner's remedies in District of Columbia 
court to attack the constitutionality of his convic- 
tions and sentence for murder and related offenses 
under District of Columbia law were not inade- 
quate or ineffective merely because his prior at- 
tempts to vacate his conviction and sentence in the 
District of Columbia courts were unsuccessful",' and 
thus federal court lacked jurisdiction to consider 
his habeas petition. Spencer v. U.S., 2011; 806 
F.Supp.2d 209. Habeas Corpus <s> 365 

■Habeas petitioner failed to exhaust his remedies 
in District of Columbia court, as required for fed- 
eral district court to have jurisdiction over his 
claim for ineffective assistance of appellate Counsel, 
where petitioner did not move to recall the man- 
date in his case before the District Of Columbia 
Court of Appeals. Spencer v. U.S., 2011, 806 
F.Supp.2d 209. Habeas Corpus ®=> 362.1 

47. Review — In general 

District court lacked jurisdiction to consider 
claim of ineffective assistance of appellate counsel 
raised by petitioner in his § 2241 habeas petition 
challenging murder and related convictions in Dis- 
trict of Columbia court, where petitioner had not 
moved to have the District of Columbia Court of 
Appeals recall the mandate. Earle v, US., 2011, 
808 F.Supp.2d 301, certificate of appealability de- 
nied 2011 WL 4842469. Habeas Corpus ®=- 366, 

49.5. Harmless error, review 

. If there is no reasonable possibility that the 
offending evidence might have contributed to the 
Conviction, the error is harmless beyond a reason- 
able doubt. McCoy v. U.S., 2006, 890 A.2d 204, as 
amended, appeal after new, trial 2012 WL 1888131. 
Criminal Law ®=> 1165(1) 

Even if trial court erred in admitting in prosecu- 
tion for gun-related offenses, other crimes evi- 



D.C. OFFICIAL CODE' 

deiice of videotape made prior to charged crimes' 
that showed defendant holding a gun near 'wit-! 
ness's head, as government sought to establish' 
that such gun was used in charged offenses, defeii'-I 
dant did not suffer sufficient prejudice to warrant 
reversal; several other witnesses testified that de- 
fendant possessed a handgun, trial court provided 1 
extensive limiting instructions to the jury regard^ 
ing such evidence, and government's closing argu- 1 
merit referred to videotape only for the purpose of 
demonstrating defendant's possession of the guri:' 
Sanders v. U.S., 2002, 809 A2d 584, certiorari' 
denied 123 S.Ct. 1602, 538 U.S, 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A.2d, 
165, certiorari denied 130 S.Ct. 815, 175 L,.Ed.'2# 
572, ; habeas corpus denied 2012 WL , 4632862, 
Criminal Law ®=> 1169.2(3); Criminal '.'Law,,, fr>-, 

1169.5(3) ,> ,:■:■ : ' :.;:'.";."',, ' '},,.:. -y ',; 

Even if trial court committed error by failing to' 
scrutinize whether the reasons offered by prosecu- 
tion in exercising his peremptory challenges were 
a pretext for racial discrimination, such error did; 
not warrant reversal for convictions for gun-f elafei 
ed offenses. Sanders v. U.S., 2002, 809 A i 2d>584'j 
certiorari denied 123 S.Ct. 1602, 538 U.S. 937,, 155 
L.Ed.2d 340, appeal after new sentencing hearing. 
975 A2d 165, certiorari denied 130 S.Ct.' 815, 175' 
L.Ed.2d 572, habeas corpus denied 2012 WL 
1632862. Criminal Law ®=> 1166.17 > ; ■ ■ ! ' ■'■> 

51. Reservation of grounds for review; 

generally ,m: : 

Questions not properly raised and presented 
during the proceedings under examination; and 
points not asserted with sufficient precision to, 
indicate distinctly the party's thesis, will normally 
be spurned on appeal. Sanders v. US;, 2002, 809; 
A2d 584, certiorari denied 123 S.Ct. 1602, 538 U.S. 
937, 155 L.Ed.2d 340, appeal after new sentencing 
hearing 975 A.2d 165, certiorari denied 130 S.Ctj 
815, 175 L.Ed.2d 572, habeas corpus denied 2012 
WL 1632862. Criminal Law ®= 1043(2) ■•:■ 



§ 23-111. Proceedings to establish previous convictions. 



Notes of Decisions 



8^ Review— In general 

Trial court's error, in enhancing defendants' sen- 
tences for prior convictions without first engaging 
in colloquy required by statutory provision govern- 
ing enhancement of sentences, did not require 
resentencing or reversal of sentences of counts 
where defendants were sentenced within the nor- 



mal range 6f penalties absent an enhancement; 
Sanders v. U.S., 2002, 809 A2d 584^. certiorari 
denied 123 S,Ct. 1602, 538 U.S. 937, 155sL.Ed.2d 
340, appeal after new sentencing hearing' 975 A;2d 
165, Certiorari denied 130 S.Ct. 815, 175 ,L,Ed.2d 
572, habeas corpus denied 2012 WL 1632862: 
Criminal Law ®= 1177.3(2) ,. ,; 



§ 23-113. Limitations on actions for criminal violations. 

Notes of Decisions 



6; Welfare fraud 

Extension Of statute of limitations for sexual 
abuse effected by Felony Sexual Assault Act, as 
applied to prosecution of defendant for his first 
offense, did not violate the Ex Post Facto Clause; 



prior to expiration of six-year period set forth in 
former statute of limitations, statute was amended 
to increase limitations period to 15 years, statute 
of limitations for defendant's sexual abuse charge 
was extended before it had expired, and extension 



224 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 



of limitations period neither aggravated a crime 
nor made it greater than it was, since defendant 
was never free from prosecution. Thomas v. U.S., 



§ 23-313 

Note 19 

2012, 2012 WL 1207422, petition for certiorari filed 
2012 WL 2847548. Constitutional Law '<&=> 2811; 
Criminal Law @=> 146 



Chapter 3 
Indictments and Informations. 



Subchapter II. Joinder. 

Section 

23-311. Joinder of offenses and of defendants. 



Section 

23-313. Relief from prejudicial joinder. 



Subchapter II. Joinder. 
§ 23-311. Joinder of offenses and of defendants. 



Notes of Decisions 



2. Presumptions, generally 

Where individuals are charged jointly with com- 
mitting crimes, there is a strong presumption that 
the offenses should be tried together. Sanders v. 
U.S., 2002, 809 A.2d 584, certiorari denied 123 



S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after new sentencing hearing 975 A.2d 165, certio- 
rari denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Criminal Law 
®=> 622.6(2) 



§ 23-313. Relief from prejudicial joinder. 



Notes of Decisions 



5. Prejudice, joined offenses 

Motions for severance due to prejudicial joinder 
are committed to the trial court's sound discretion. 
Sanders v. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. 
Criminal Law e=> 622.6(3) 

6. Testimony by defendant, joined of- 
fenses 

Trial court, in prosecuting defendant and code- 
fendants for gun-related offenses, did not abuse its 
discretion in failing to provide a separate trial for 
defendant who was charged with additional of- 
fenses of bribery and obstruction of justice; defen- 
dant failed to make a convincing showing that he 



had both important testimony to give concerning 
bribery and obstruction counts and a strong need 
to refrain from testifying on the gun-related of- 
fense counts. Sanders v. U.S., 2002, 809 A2d 584, 
certiorari denied 123 S.Ct. 1602, 538 U.S. 937, 155 
L.Ed.2d 340, appeal after new sentencing hearing 
975 A2d 165, certiorari denied 130 S.Ct. 815, 175 
L.Ed.2d 572, habeas corpus denied 2012 WL 
1632862. Criminal Law ®=» 622.7(8) 

19. Review 

Misjoinder is subject to a harmless error analy- 
sis. Sanders v. U.S., 2002, 809 A.2d 584, certiorari 
denied 123 S.Ct. 1602, 538 U.S. 937, 155 L.Ed.2d 
340, appeal after new sentencing hearing 975 A.2d 
165, certiorari denied 130 S.Ct. 815, 175 L.Ed.2d 
572, habeas corpus denied 2012 WL 1632862. 
Criminal Law e=> 1167(2) 



Chapter 5 
Warrants and Arrests. 



Subchapter II. Search Warrants. 



Section 
23-521. 
23-522. 
23-523. 



Nature and issuance of search warrants. 
Applications for search warrants. 
Time of execution of search warrants. 



Section 

23-524. Execution of search warrants. 

Subchapter V. Arrest Without Warrant. 

23-581. Arrests without warrant by law enforce- 
ment officers. 



225 



§23-521 



D.C. OFFICIAL CODE 



: ' Subchapter II. Search Warrants. 

§ 23-521. Nature and issuance of search warrants. 



Notes of Decisions 



8. Scope of search 

It was objectively unreasonable for District of 
Columbia police officers to rely upon search war- : 
rant in executing nighttime search of residence, 
and thus officers were not entitled to qualified 
immunity from liability in § 1983 action, where 
District of Columbia law specifically prohibited 
nighttime searches unless expressly authorized, 
search warrant did not explicitly authorize night- 
time search, and search warrant affidavit did not 
request or establish probable cause for nighttime 
search. Youngbey v. District of Columbia, 2011, 
766 F.Supp.2d 197, reversed in part 676 F.3d 1114, 
400 USApp.D.C. 177. Civil Rights ®= 1376(6) 

Under District of Columbia law, search warrant 
did not authorize nighttime search, and thus offi- 
cers' planning and execution of nighttime search of 
residence violated Fourth Amendment, where pre- 
printed search warrant did not strike out "day- 
time" or "any time of the day or night" designa- 
tions, and search warrant affidavit did not request 
or provide any evidence justifying nighttime 
search. Youngbey v. District of Columbia, 2011, 
766 F.Supp.2d 197, reversed in part 676 F.3d lll4, 
400 U.S.App.D.C. 177. Searches and Seizures ®= 
146 

9. Time of execution 

Reasonable police officer could have believed 
that executing nighttime search without knocking.' 



did not violate Fourth Amendment, and thus offi- 
cers who did execute such warrant were entitled to 
qualified immunity, in arrestees' ,§ rr;; 1983 action, 
where there was probable cause to believe that 
person who was suspected of committing murder*' 
lived at residence being searched 1 , officer' had some 
reason to think that such person would be in 
possession of weapon listed in warrant, and officer 
had reasonable; grounds to believe that such person 
was easily provoked to violence and that, once 
provoked, would not be. inclined to back down.-. 
Youngbey v. March, C.A.D.C.2012; 676 F.3d 1114,' 
400 U.S.App.D.C. 177. Civil Rights ®= 1376(6) 

Issue of whether police officers were entitled to, 
qualified immunity in civil rights action under 
Fourth Amendment for planning and conducting 
4:00 a.m. search on warrant that did not authorize, 
nighttime search and breaking and entering into ; 
plaintiffs' home without knocking and announcing 
their presence turned on question of law, and thus 
Court of Appeals had jurisdiction to conduct de' 
novo review of trial court's denial of qualified 
immunity as "final decision," since officers did not 
contest that they did not knock and announce 
before entering into plaintiffs' home and there Was" 
no dispute that officers executed search warrant 
during nighttime. Youngbey v. March, G.A.D.C. 
2012, 676 F.3d 1114, 400 U.SApp.D.C 177. Fed-' 
era! Courts ^579; Federal Courts'^ 776 s '>'"'^' 



§ 23-522. Applications for search warrants. if 'iw 



Notes of Decisions, 



. ■."')fl(![l ,.' I 

71' : A Iridium 



7. Time of execution 

Under District of Columbia law, residents' negli- 
gence per se claim based on police officers' viola- 
tion of statute prohibiting nighttime searches ab- 
sent specific authorization was not barred by fact 
that residents also asserted intentional tort claims 
against officers, where claim alleged negligence on 
officers' part in executing and planning search, and 
that conduct was separate from conduct, such as 
pointing firearms, upon which residents based 
their allegations of intentional torts. Youngbey v. 
District of Columbia, 2011, 766 F.Supp.2d 197,. 
reversed in part 676 F.3d 1114, 400 U.S.App.D.C. 
177. District of Columbia ©= 7 

Under District of Columbia law, police officers' 
nighttime search of residence was unauthorized, 
and thus officers' entry into residence did not 
constitute defense to residents' trespass claim, 



■.■•■'.: ■: i •■■'. ■■..:■■ '.io' r ' .9 

where search warrant did not explicitly' authorize 
nighttime search, and search warrant affidavit-sdid 
not request or establish probable cause. for nighfcv, 
time search. Youngbey v. District of Columbia;') 
2011, 766 F.Supp.2d 197, reversed in part 676 F.3d. 
1114, 400 U.S.App.D.C. 177. Trespass ®= 24 , : 

Under District of Columbia law, search warrant' 
did not authorize nighttime search, and thus offi- 
cers' planning and execution of nighttime search of 
residence violated Fourth Amendment, where pre- 
printed search warrant did not strike out "day- 
time" or "any time of the day or night" designa- 
tions, and search warrant affidavit did not request 
or provide any evidence justifying nighttime 
search. Youngbey v. District of Columbia, 2011, 
766 F.Supp.2d 197, reversed in part 676 F.3d 1114;. 
400 U.S.App.D.C. 177. Searches and Seizures «=■■ 
146 



226! 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 

§ 23-523. Time of execution of search warrants. 

Notes of Decisions 



§ 23-581 

Note 2.5 



6. Night, time of execution 

Under District of Columbia law, search warrant 
did not authorize nighttime search, and thus offi- 
cers' planning and execution of nighttime search of 
residence violated Fourth Amendment, where pre- 
printed search warrant did not strike out "day- 
time" or "any time of the day or night" designa- 
tions, and search warrant affidavit did not request 
or provide any evidence justifying nighttime 
search. Youngbey v. District of Columbia, 2011, 
766 F.Supp.2d 197, reversed in part 676 F.3d 1114, 
400 U.S.App.D.C. 177. Searches and Seizures ®=> 
146 

It was objectively unreasonable for District of 
Columbia police officers to rely upon search war- 
rant in executing nighttime search of residence, 
and thus officers were not entitled, to qualified 
immunity from liability in § 1983 action, where 
District of Columbia law specifically prohibited 
nighttime searches unless expressly authorized, 
search warrant did not explicitly authorize night- 
time search, and search warrant affidavit did not 
request or establish probable cause for nighttime 
search. Youngbey v. District of Columbia, 2011, 
766 F.Supp.2d 197, reversed in part 676 F.3d 1114, 
400 U.S.App.D.C. 177. Civil Rights ®=> 1376(6) 

Under District of Columbia law, police officers' 
nighttime search of residence was unauthorized, 
and thus officers' entry into residence did not 



constitute defense to residents' trespass claim, 
where search warrant did not explicitly authorize 
nighttime search, and search Warrant affidavit did 
not request or establish probable cause for night- 
time search. Youngbey v. District of Columbia, 
2011, 766 F.Supp.2d 197, reversed in part 676 F.3d 
1114, 400 U.S.App.D.C. 177. Trespass ®=> 24 

Under District of Columbia law, residents of 
house that was improperly subjected to nighttime 
search belonged to class protected by statute pro- 
hibiting nighttime searches without specific author- 
ization, and thus stated negligence per se claims 
against police officers who allegedly violated stat- 
ute. Youngbey v. District of Columbia, 2011, 766 
F.Supp.2d 197, reversed in part 676 F,3d 1114, 400 
U.S.App.D.C. 177. District of Columbia ®=> 7 

Under District of Columbia law, residents' negli- 
gence per se claim based on police officers' viola- 
tion of statute prohibiting nighttime searches ab- 
sent specific authorization was not barred by fact 
that residents also asserted intentional tort claims 
against officers, where claim alleged negligence on 
officers' part in executing and planning search, and 
that conduct was separate from conduct, such as 
pointing firearms, upon which residents based 
their allegations of intentional torts. Youngbey v. 
District of Columbia, 2011, 766 F.Supp.2d 197, 
reversed in part 676 F.3d 1114, 400 U.S.App.D.C. 
177. District of Columbia ®=> 7 



§ 23-524. Execution of search warrants. 



Notes of Decisions 



4. Exigent circumstances, entry 

Officer's warrantless entry into defendant's resi- 
dence, following which defendant pointed a long 
gun at officer and officer withdrew, was reasonable 
pursuant to the emergency aid exception to the 
Fourth Amendment's warrant requirement; when 
officers arrived at residence in response to a com- 
plaint of a disturbance, they found a pickup truck 
in the driveway with its front smashed, damaged 
fenceposts along the side of the property, and 
three broken house windows, the glass still on the 
ground outside, officers noticed blood on the hood 



of the pickup and on clothes inside of it, as well as 
on one of the doors to the house, through a window 
the officers could see defendant inside the house, 
screaming and throwing things, they saw that de- 
fendant had a cut on his hand, and they asked him 
whether he needed medical attention, but defen- 
dant ignored these questions and demanded, with 
accompanying profanity, that the officers go to get 
a search warrant. Michigan v. Fisher, 2009, 130 
S.Ct. 546, 558 U.S. 45, 175 L.Ed.2d 410. Searches 
And Seizures ®=> 42.1 



Subchapter V. Arrest Without Warrant. 
§ 23-581. Arrests without warrant by law enforcement officers. 



Notes of Decisions 



2.5. Seizure incident to arrest 

Searches which were conducted by county jails 
as standard part of intake process, and which were 
invasive but did not include any touching of un- 
clothed areas by inspecting officer, struck reason- 
able balance between inmate privacy and needs of 
the institutions; Fourth and Fourteenth Amend- 



ments did not require that some detainees be 
exempt from such procedures absent reasonable 
suspicion of concealed weapon or other contraband. 
Florence v. Board of Chosen Freeholders of Coun- 
ty of Burlington, 2012, 132 S.Ct. 1510, 182 L.Ed.2d 
566. Constitutional Law ®=> 1073; Prisons ®=> 359 



227 



§23-581 D.c. official cmw 

Note 2.5 

Chapter 13 2 § 

Bail Agency [Pretrial Services Agency] and Pretrial Detention. 



Subchapter II. Release and 
Pretrial Detention. 

Section 

23t-1327. Penalties for failure to appear. 



Section 

23-1331. Definitions. 



Subchapter II. Release and Pretrial Detention. 
§ 23-1327. Penalties for failure tb appear. 

Notes of Decisions 



7. Wilfulness, intent 

Evidence was sufficient to show that defendant 
had not been released by a judicial officer after his 
case was called and passed over* and thus acted 
willfully, as required to support conviction for vio^ 
lating Bail Reform Act, by failing be present in 
courtroom later same day when his case was called 
again; although computer codes entered by court- 
room clerks indicated that usual courtroom proce- 
dures had not been followed for recording defen- 



dant's initial appearance and failure to remain in'; 
courtroom, defendant's failure to appear was by; 
itself prima facie evidence of willful action, police, : 
officer testified that defendant had left courtroom : 
because he wanted to find witnesses, and jury ; 
could infer, from the fact that the case was recalled: 
the same day, that defendant knew he had not. 
been released and the case would be recalled later f 
in the day. Gilliam v. U.S., 2012, 46 A3d 360« 
Bail <S= 97(3) 



§ 23-1331. Definitions. 



Historical and Statutory Notes 



Emergency Act Amendments 

For temporary (90 day) amendment of section, 
see § 4 of Firearms Emergency Amendment Act 
of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 
5116). 



For temporary (90 day) amendment of section, 
see § 4 of the Firearms Amendments Congres-^ 
sional Review Emergency Amendment Act of 2012 
(D.C. Act 19-394, July 18, 2012, 59 DCR 8694). 



TITLE 24 

PRISONERS AND THEIR TREATMENT. 



Chapter Sectjb'fi. 

1. Transfer of Prison System to Federal Authority. . '..:,.''.'... 24-^1 01 ; ! 

2. Prisons and Prisoners ';.,'.......,',. ....','.■•• '■ '.'., 24-211.02 

3. Probation .....,, ...j,..^..,. /, .,.",.,",,;.. , ,.,..;,..,'>■, 24-304 

4. Indeterminate Sentences and Paroles 24-403 



Chapter 1 
Transfer of Prison System to Federal Authority. 



Subchapter I. Corrections. 



Section 

Subchapter III. Offender Supervision 
and Parole. 



Section 

24-101. Bureau of prisons. 

24-101a. District of Columbia Corrections Infor- 24-133. Court Services and Offender Supervi- 
mation Council. [Not funded] sion Agency. 



228 



CRIMINAL LAW AND PROCEDURE AND PRISONERS § 24-211.02 

Subchapter I. Corrections. 
§ 24-101. Bureau of prisons. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) repeal of section 3 of 

For temporary (90 day) repeal of section 3 of D.C. Law 18-233, see § 7011 of Fiscal Year 2013 

D.C. Law 18-233, see § 7011 of Fiscal Year 2013 Budget Support Congressional Review Emergency 

Budget Support Emergency Act of 2012 (D.C. Act Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 

19-383, June 19, 2012, 59 DCR 7764). DCR 9290). 

§ 24-101a. District of Columbia Corrections Information Council. [Not fund- 
ed] 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) repeal of section 3 of 

For temporary (90 day) repeal of section 3 of D.C. Law 18-233, see § 7011 of Fiscal Year 2013 

D.C. Law 18-233, see § 7011 of Fiscal Year 2013 Budget Support Congressional Review Emergency 

Budget Support Emergency Act of 2012 (D.C. Act Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 

19-383, June 19, 2012, 59 DCR 7764). DCR 9290). 

Subchapter III. Offender Supervision and. Parole. 
§ 24-133. Court Services and Offender Supervision Agency. 

Notes of Decisions 

2. Jurisdiction pursuant to District of Columbia law, and federal 

United State Parole-Commission's revoking pa- regulations permitted revocation and imposition of 

rolee's supervised release and imposing sentence sentence. Taylor v. U.S. Parole Com'n, 2012, 2012 

did not-usurp judicial functions or violate separa- WL 1574423. Constitutional Law ©^ 2623; Con- 

tion-of-powers; his term of supervised release had stitutional Law ©=> 2625(1); Pardon and Parole ®=» 

not expired, Commission had jurisdiction over him 78 

Chapter 2 
Prisons and Prisoners. 

Subchapter II. Department of Corrections. Section 

Part A. General. 24-211.06. Charge against United States for care 



Section 

24-211.02. Powers; promulgation of rules. 



of convicts. 



Subchapter II. Department of Corrections. 
Part A.. General. 
§ 24-211.02. Powers; promulgation of rules. 

Historical and Statutory Notes 

Emergency Act Amendments For temporary (90 day) amendment of section, 

For temporary (90 day) amendment of section, see § 2(b) of DOC Inmate Processing and Release 

see § 2(a) of DOC Inmate Processing and Release Emergency Amendment Act of 2012 (D.C. Act 

Emergency Amendment Act of 2012 (D.C. Act 19-428, July 27, 2012, 59 DCR 9383). 
19-428, July 27, 2012, 59 DCR 9383). 

229 



§24-21L06 ;■.,:/<■:,■■< ■■•>■■ r:.:\K:; -x)^;''; Dvei'-OPEicrALiKfioaiB' 

§ 24-211.06. Charge against United States for care of convicts. 

Historical and Statutory Notes ■■■■:$ ."fiif K& {} 

Emergency Act Amendments gency Amendment Act of 2012 (D.C. Act 19-379, 

For temporary (90 day) addition of section, see < June 15, 2012, 59 DCR 7383). 
§ 2 of Immigration Detainer Compliance Emer- ,. ., .- ;; /, ,,. ,„. rj 



Section ■'''■'■ ' - ■'■ , "■''■■ ■ ' i: 

24-304. Discharge from or continuance of proba- 
tion; modification or revocation of or 
der. 



Chapter 3 ; 






Probation. 


/ ; ;;V. ',■■'■■'■ ■■.<.,: •.,».■ ; 


-:. ' : ,0 ''-.-- ^ 


■ C '.. : y - y j v y li; :'.':. .. 


'}.\) 1> it '■) .L : "li''jii-i!ii.!i „j 


i!vH--".S ' 


proba- 


Us''J 





§ 24-304. Discharge from or continuance of probation; modification or revo- 
cation of order* ! . •: 

Notes of Decisions 



1. Jurisdiction ■;;';. 

Factual inconsistency between police officer's 
testimony at trial on charge against probationer of 
possession of marijuana with intent to distribute 
(PMID), that marijuana was in a closed container 
within car, and officer's testimony at show-cause 
hearing that resulted in revocation of probation 
based on the same drug charge, that the marijuana 
he found had been in plain view in car, did not 
violate probationer's due process rights; whether 



the, marijuana was found inside car's lidded center 
console or in the open area, did not factor into trial 
court's conclusion that probationer's j probation 
should be revoked because he had possessed the 
marijuana, and there were several other facts that 
evidenced probationer's constructive possession of 
the marijuana found both in the console and, the! 
trunk. Morgan v. U.S., 2012, 47 A3d 532. : : Consti- 
tutional Law ®= 4733(2); Sentencing and Punis;h-; 
ment®=2021 -i ;m hi', 



Chapter 4 
Indeterminate; Sentences and Paroles. 



Subchapter I. General ProyisionSi^jhi 'Section' - 

24-404. Authorization of parole; custody; dis- 

Section smilwH .r^iK^^P-^'^-h^O M ■ r,:<r,&>r.-4i 

24-403, Indeterminate sentences; .. life sentences;; 24-406. Hearing,, after.-, arrest; .,-, confinement in 
minimum sentences, , non-District institution. 

,r.u!h-jH 
.-'Mtn'lo noiii;'/'iii;;io'i(j ;; : ;'rev/o r I r '.f j. ? ] Jj iy. 

Subchapter I. General Provisions. 
§ 24-^403. Indeterminate sentences; life seritences; a ^MimSlm' sentences. 

Notes of Decisions 



4. Merger of offenses 

Rule of lenity was not applicable to merge defen- 
dant's sentence enhancement for gun-related of- 
fenses with other sentence enhancement, even 
though defendant was sentenced to a maximum 
term of more than his natural life on each count; 
charges relating to the gun-related offenses were 



separate offenses, not, the same offense? Sanders 
v. U.S.,2002, 809 A.2d 584, certiorari denied 123 
S.Ct.,1602, 538 U.S. 937, 155 L.Ed.2d 340, appeal 
after hew sentencing hearing 975 A.2d 165, certio- 
rari denied 130 S.Ct. 815, 175 L.Ed.2d 572, habeas 
corpus denied 2012 WL 1632862. Sentencing And 
Punishment ®= 643 L \ Y ., 



230 



CRIMINAL LAW AND PROCEDURE AND PRISONERS 
§ 24^04. Authorization of parole; custody; discharge. 



§ 24-406 

Note 10 



4. Supervision of parolees 

United States Parole Commission was well with- 
in its authority to initiate revocation proceedings 
against parolee, notwithstanding parolee's claim 
that he should have been released from parole 
prior to his probation revocation hearing, where 
parolee was under the Commission's supervision at 
the time of the alleged violation. Ferguson v. 
Wainwright, 2012, 849 F.Supp.2d 1. Pardon and 
Parole ©='82 



Notes of Decisions 

7. Credit for time served on parole 



Because District of Columbia prisoner was serv- 
ing a mandatory minimum term of five years, good 
time credit could not have advanced his parole 
eligibility date, and an award of good time credit 
would have had no effect on the length of time 
prisoner was subject to supervision by the United 
States Parole Commission (USPC). Coachman v. 
U.S. Parole Com'n, 2011, 816 F.Supp.2d 20. Par- 
don and Parole ®=» 50 > 



§ 24^06. Hearing after arrest; confinement in non-District institution. 



Notes of Decisions 



Retroactive application 10 



1. Construction and application 

The revocation of District of Columbia prisoner's 
"street time" as a result of his parole violations in 
no way violated the Eighth Amendment's prohibi- 
tion against cruel and unusual punishment by ex- 
tending prisoner's sentence beyond its expiration 
date; because prisoner's parole was revoked, he 
had to serve the remainder of the sentence origi- 
nally imposed, and by agreeing to the United 
States Parole Commission's (USPC) expedited rev- 
ocation proposal, prisoner accepted the forfeiture 
of street time. Coachman v. U.S. Parole Com'n, 
2011, 816 F.Supp.2d 20. Pardon and Parole ©=» 76; 
Sentencing and Punishment ©=> 1574 



6. Good conduct credit 

Writ of mandamus would be issued to require 
United States Parole Commission to reexamine its 
decision to rescind parolee's credit for time spent 
on parole in light of the Equitable Street Time 
Credit Amendment Act. Ferguson v. Wainwright, 
2012, 849 F.Supp.2d 1. Pardon and Parole ©=> 92 

10. Retroactive application 

Amendment to District of Columbia regulation 
to allow days spent on parole to be counted toward 
fulfillment of sentence of incarceration under cer- 
tain defined circumstances did not apply retroac- 
tively to District of Columbia parolee whose parole 
was revoked before amendment took effect. 
Washington v. U.S. Parole Com'n, 2012, 2012 WL 
1606344. Pardon and Parole ®=» 42.1 



231 



lum'i 



DIVISION V . 

LOCAL BUSINESS AFFAIRS 

'■v, ,;:,/';; TITLE 25 

i ALCOHOLIC BEVERAGE REGULATION 

Chapter ■..!..' ..-.;> :■;. is ■.>•■' .-. ...• : . ..■.<,-.■ ..■■ Section 

3. Requirements to Qualify for License. . 25-374 

7. Standards of Operation 25-763 

10. Limitations on Consumers. ..,,.. . .^i. :.-.., Aif: -. ?1 ^, ia3l . ..^^^^..^q^ -.■„ K %- : , : „^ ■ ■ .^:h?5-10O4 



apter^'^ 
Requirements: to Qualify for License, 



Subchapter VI. Moratorium • i m 
i ■■.;;" on Establishments Which 

,' * Permit Nude Dancing. 

Section 

25-374. Transfer of location of establishments 
which permit nude dancing. 



Subchapter VI. Moratorium on Establishments Which Permit Nude Dancing. 
§ 25^374. Transfer of location of establishments which permit nude dancing- 
Historical and Statutory Notes 

Temporary Amendments of Section defined by § 1-1041.03; provided, that this section 

Section 2 of D.C. Law 19-129 added subsec. shall not prohibit the transfer of an existing CN 
(a-1) to read as follows: license with nude dancing within Ward 5.". 

"(a-1) Notwithstanding subsection (a) of this Section 4(b) of D.C. Law 19-129 provides that 
section, no class CN license with nude dancing the act shall expire after 225 days of its having 
shall be issued in or transferred into Ward 5, as taken effect. 



Chapter 7 
Standards of Operation. 



Subchapter VII. Physical Space 
And Advertising. 

Section 

25-763. Restrictions on use of signs. 



232 



LOCAL BUSINESS AFFAIRS § 25-1007 

Subchapter VII. Physical Space And Advertising. 
§ 25-763. Restrictions on use of signs. 

Historical and Statutory Notes 

Emergency Act Amendments ment Act of 2012 (D.C. Act 19-387, July 11, 2012, 

For temporary (90 day) amendment of section, 59 DCR 8491). 
see § 6 of the Sign Regulation Emergency Amend- 

Chapter 10 
Limitations on Consumers. 

Section Section 

25-1004. Prohibition on use of watercraft under' 25-1007. Prohibition on use of watercraft under 

certain conditions. certain conditions— penalties. 

25-1005. Prohibition on use of watercraft under 25-1008. Prima facie evidence of intoxication. 

o* mru ^^i" 00 "^ " 8 - 0011 ! 611 " ^ 68 ^ 25-1009. Operation of locomotive, streetcar, ele- 
25-1006. Prohibition on use of watercraft under r . , , _ ,. , , . 

certain conditions-preliminary test- vator > ° r horse-drawn vehicle by in- 

ing; admissibility of test results. toxicated person prohibited. 

§ 25-1004. Prohibition on use of watercraft under certain conditions. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
§ 302 of Comprehensive Impaired Driving and DCR 9387). 

§ 25-1005. Prohibition on use of watercraft under certain conditions — consent 
to testing. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
§ 302 of Comprehensive Impaired Driving and DCR 9387). 

§ 25-1006. Prohibition on use of watercraft under certain conditions — prelim- 
inary testing; admissibility of test results. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
§ 302 of Comprehensive Impaired Driving and DCR 9387). 

§ 25-1007. Prohibition on use of watercraft under certain conditions — penal- 
ties. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 
§ 302 of Comprehensive Impaired Driving and DCR 9387). 



233 



§ 25-1008 : D.C. OFFICIAL ©©©£ 

§ 25-1008. Prima facie evidence of intoxication. 

Historical and Statutory Notes ; : v JiS % 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section^ see ' Act of 2012 (D.C. Act 19^29, July 30, 2012, 59 
§ 302 of Comprehensive Impaired Driving and DCR 9387). x ., > . ■ jijaHI 

§ 25-1009. Operation of locomotive, streetcar, elevator, or horse-drawn vehicle 
by intoxicated person prohibited. 

Historical and Statutory Notes 

Emergency Act Amendments Alcohol Testing Program Emergency Amendment 

For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19^29, July 30, 2012, 59 

§302 of Comprehensive Impaired Driving and DCR 9387). :■• ■ ' ■' . ■ 

■' ■■■ .. ' ■ ■'■>■;. '-.•■ ■: ■ i. 'i.' ■■■•' '■ ' ■ ■':', 

TITLE 26 ;;;-^ -..'■. 

BANKS AND OTHER FINANCIAL INSTITUTIONS. f " 

Chapter Section 

5B. Administration of the Banking Code 26-551.02 

11 A. Home Loan Protection. , ., .,.,..., 26^1152.13 



Chapter 5B 



Administration of the Banking Code. 



■VIOETMiii 



Subchapter I. General Provisions. Section 

Subchapter II. Abolishment of Department of 
Section ' ' j Banking and Financial Institutions; ^CEom- 

26-551.02. Definitions missioner of the Department of Banking 

and Financial Institutions. 



26-551.05. General powers and responsibilities of 
the Commissioner. ■ rri'MiH 



Subchapter I. General Provisions. 

§26-551.02. Definitions. ..;■..■ 

For the purposes of this chapter, the term: 

(1) "Affiliate" means a financial institution' holding company under federal law or a 
subsidiary , or service corporation of a financial institution holding- .company.;. -, b ^ mw-vitr'A 

(2) "Appropriate federal financial institutions agency?,, means .the. federal !.. agency „witli 
statutory authority over the financial institution activities of,a financial institutipri. ■[„ yu; ;;, 

(3) "Bank" means an institution that engages in the business of banking, including a 
trust company, savings bank, savings and loan association, and credit, union. .. ,, 

(4) "Bank holding company" shall have the same meaning as set fortn in section '2(a) of 
the Bank Holding Company Act of 1956, approved May 9, 1956 (70 Siiati 133; 12 § U.S.C. 
1841(a)). 

(5) "Business of banking" means activities and transactions involving banking, including: 
(A) receiving deposits, paying checks, and lending money; (B) activities of a bank which are 
supervised. by the Commissioner; and (C) activities incidental, necessary, or cphyenierit 'to 
banking. ' .;] ' '' a ^ ;; , 

(6) "Capital" means capital deposits, surplus, and undivided earnings. 

(7) "Commissioner" means the Commissioner of the Department of Insurance, Securi- 
ties, and Banking. 

•234 



LOCAL BUSINESS AFFAIRS § 26-551.02 

(7A) "Controlling interest" means: 

(A) More than 50% of the total voting power of all classes of stock of a corporation or 
more than 50% of the total fair market value of all classes of stock of a corporation; 

(B) More than 50% of the capital or profits in a partnership, association, or other 
unincorporated entity; or 

(C) More than 50% of the beneficial interests in a trust. 

(8) "Credit union" means a financial institution organized as a cooperative association 
with a limited membership and operating with insurance provided by the National Credit 
Union Administration. 

(9) "Department" means the Department of Insurance, Securities, and Banking. 

(10) "Director" means a director or trustee of an organization or a person with functions 
similar to the functions of a director or trustee. 

(11) "District" means the District of Columbia. 

(12) "District bank" means a bank chartered or organized under the District of Columbia 
Banking Code and under the authority and supervision of the Commissioner or a bank 
authorized to do business under the laws of the District. 

(13) "District credit union" means a credit union chartered or organized under the 
District of Columbia Banking Code and under the authority and supervision of the 
Commissioner or a credit union authorized to do business under the laws of the District. 

(14) "District of Columbia Banking Code" means the statutory provisions concerning 
banking and financial institutions which are codified in Title 26 of the District of Columbia 
Official Code, laws administered by the Commissioner, and rules and regulations promul- 
gated under those statutory provisions and laws. 

(15) "District savings institution" means a savings institution chartered or organized 
under the District of Columbia Banking Code and under the authority and supervision of 
the Commissioner or a savings institution authorized to do business under the laws of the 
District. 

(16) "Executive officer" means a person who participates or has authority to participate, 
other than in the capacity of a director, in major policymaking functions of a financial 
institution, whether or not the person has an official title or receives compensation from the 
financial institution. The. term "executive officer" shall not include a person who may 
exercise discretion in the performance of duties and functions, including discretion in the 
making of loans, if the person's exercise of discretion is limited by policy standards adopted 
by the board of directors of the financial institution and the person does not participate in 
major policymaking functions of the financial institution. The chair of the board, the 
president, chief executive officer, chief operating officer, chief financial officer, every 
executive vice president