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
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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.
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For additional information or research assistance call the West reference
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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
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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 -
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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 of a financial institution, and the senior trust officer of a trust
company shall be presumed to be executive officers unless the person is excluded, by
resolution of the board of directors or by the bylaws of the financial institution, from
participating, other than in the capacity of a director, in major policymaking functions of
the financial institution and the person does not actually participate in major policymaking
functions of the financial institution.
(17) "Federal agency" means an agency of the United States of America.
(18) "Financial institution" means a bank, savings institution, credit union, foreign bank,
trust company, non-depository financial institution, or any other person which is regulated,
supervised, examined, or licensed by the Department of Insurance, Securities, and Bank-
ing; which has applied to be regulated, supervised, examined, or licensed by the Depart-
ment of Insurance, Securities, and Banking; which is subject to the regulation, supervision,
examination, or licensure by the Department of Insurance, Securities, and Banking; or
which is engaged in an activity covered by the District of Columbia Banking Code.
(19) "Non-depository financial institution" means a financial institution that is engaged in
a regulated activity and that is not a bank or credit union.
(20) "Order" means an approval, consent, authorization, exemption, denial, prohibition,
requirement, or other administrative action.
(21) "Person" means an individual, corporation, trust, joint venture, company, associa-
tion, firm, partnership, society, joint stock company, pool syndicate, sole proprietorship,
unincorporated organization, fiduciary business, or any other similar entity.
235
§ 26-551.02 D.C. OFFICIAL CODE
(22) "Regulated activity" means an activity authorized and regulated under the District
of Columbia Banking Code and under the authority and supervision of the Commissioner.
(23) "Savings institution" means a savings and loan association or savings batik.', : !
1 (24) "Subsidiary" means a company in which a person owns at least a majority of the
shares or equity interest or which the person controls. ..■,•■■,..
(June 9, 2001, D.C. Law 13-308, § 102, 48 DCR 3244; June 11, 2004, D.C. Law 15-166, § 2(a), 51 DCR
2817; June 20, 2012, D.C. Law 19-143, § 201(a), 59 DCR 4069;), , .' ."
Historical and Statutory Notes .■';.;.!<
Effect of Amendments^ Services and Consumer Affairs. The Bill was
iD.C Law, 19-143 added par. (7A). , adopted on first and second readings, on March 6,
Legislative History of Laws 2012, and April 17, 2012,- respectively. Signed by
Law 19-143, the "DISB Fingerprint-Based the Mayor on April 29, 2012, it was assigned Act
Background Check Authorization Act of 2012", was No. 19-346 and transmitted to both, Houses of
introduced in Council and assigned Bill No. 19-198, Congress for its review. D.C. Law 19-143 became
which was referred to the Committee on Public effective on June 20, 2012. ' " ' r '
Subchapter II. Abolishment of Department of Banking and . ''.';.;i
Financial Institutions; Commissioner of the Department
of Banking and Financial Institutions. ■ ;. v
§ 26-551.05. General powers and responsibilities of the Commissioner. >
s (a) The Commissioner shall: '."'"''
: (1) Administer the District of Colufnbia Banking Code; ',.:;
(2) Promote and maintain a climate and regulatory framework that will encourage
financial institutions to organize to do business in the District and contribute to the
, economic development of the District through the increased availability of capital and
;' credit; . .■■.
' : (3) Expand advantageous financial services to the public in a nondiscriminatory manner;
(4) Charter, regulate, supervise, and examine banks, savings institutions, credit unions,
trust companies, and other financial institutions engaged, or seeking to engage, -■in' the
business of banking in the District;
(5) License, regulate, supervise, and examine non-depository financial institutions en-
gaged in regulated activity in the District;
(6) Regulate the opening or closing of branches, agencies, offices, or other facilities by
financial institutions under the authority and supervision of the Commissioner;
(7) Approve or disapprove mergers or acquisitions involving District financial institutions
, or financial institution holding companies;
(8) Monitor community development commitments of financial institutions chartered,
organized, or doing business in the District; '...'.,■■..
(9) Approve or disapprove changes '4ft "control of financial institutions , chariter'ed or
, organized in the District; arm , Ju . ;.': ■ . .•' .' :, : -, s.:;rf 4" (HI)
■■■■■■ (10) Approve or disapprove conversions M federally-chartered itistitutions ■ into; District-
chartered financial institutions; . j ,■ ■,- •,-.' • • .'■, > -vnrjn.",
(11) Promulgate regulations, rules,' policy statements, interpretations, and opinionsmec-
,■■ essary or appropriate to carry out the purposes of the District of Columbia Banking: Code;
(12) Assure that all financial institutions engaged in regulated activity iti the District,
under the supervision or control of the Commissioner, or seeking to do business into the
District of Columbia under the District of Columbia Banking Code provide financial
services to the public in a manner that fosters the development and revitalizatiori of housing
and commercial corridors in underserved neighborhoods in the District, help meet the
credit and deposit service needs of lower income and minority residents of the District, and
: expand financial and technical support for small, minority, and women-owned businesses;
(13) Investigate possible violations of the District of Columbia Banking Code and take
any authorized action upon finding a violation; ;
236
LOCAL BUSINESS AFFAIRS § 26-551.05
(14) Examine or audit a financial institution, bank holding company, affiliate, or subsid-
iary to assure that the financial institution bank holding company, affiliate, or subsidiary is
operating in compliance with the law and in a manner that preserves safety and soundness;
(15) Request or pursue a restraining order, the appointment of a receiver or conservator,
the involuntary dissolution of a corporation, or the freezing or seizure of assets of a person
associated with a violation or possible violation of the District of Columbia Banking Code;
(16) In all respects permitted by law, act as the District government's regulatory
authority for financial institutions operating in the District; and
(17) Recommend to the Mayor annually, or at any other time, any necessary changes to
District laws dealing with banking or other areas within the jurisdiction of the Commission-
er.
(b) The Commissioner shall be responsible for the performance of all duties, the exercise of
all powers and jurisdiction, and the assumption and discharge of all responsibilities vested by
law in the Department or the Commissioner. The Commissioner shall have all powers
necessary or convenient for the administration and enforcement of the District of Columbia
Banking Code.
(b-l)(l) To determine a financial institution's eligibility to conduct a regulated activity
under the District of Columbia Banking Code, the Commissioner may require each organizer,
partner, director, officer, and owner with a controlling interest in the financial institution to
submit to the Commissioner his or her fingerprints, contact information, and other identifying
information, along with written consent to the performance of a criminal history record
background check.
(2) The Commissioner may exchange the fingerprints and other information with, and
receive criminal history record background information from, the Metropolitan Police
Department and the Federal Bureau of Investigation for the purposes of facilitating the
Commissioner's determination.
(3) The individual or financial institution associated with the regulated activity requiring
the Commissioner's determination shall bear the cost of the criminal history record
background check and all costs of administering and processing the background check.
(c) The Commissioner may promulgate rules and regulations necessary or appropriate to
the execution of the Commissioner's powers, duties, and responsibilities.
(d) The Commissioner may enter into agreements that the Commissioner considers neces-
sary or appropriate to the exercise of his or her powers, including agreements with agencies
or instrumentalities of the District, states and territories of the United States of America, or
the federal government, for the examination of banks, savings institutions, credit unions, trust
companies, and other financial institutions.
(e) The Commissioner, in the performance of the duties and responsibilities of the
Department, may enter into contracts with the Office of the Comptroller of the Currency, the
Office of Thrift Supervision, the National Credit Union Administration, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation,
District agencies, other state or federal banking agencies, or any other entity, for those
services necessary to carry out the duties and responsibilities of the Commissioner and the
Department.
(f) The Commission may establish and modify fees to implement the District of Columbia
Banking Code.
(June 9, 2001, D.C. Law 13-308, § 105, 48 DCR 3244; Apr. 13, 2005, D.C. Law 15-354, § 35(b), 52 DCR
2638; June 20, 2012, D.C. Law 19-143, § 201(b), 59 DCR 4069.)
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-143 added subsec. (b-1). For history of Law 19-143, see notes under
§ 26-551.02.
237
I 26-551.05 DC. official ieODE
Chapter 11A ; ,!
';, v; ,. ; ,.■.■■■..:■;;•; :.■; . F ..■■•! •■/•;j;i
Home Loan Protection. : * : "
■■..■■ ".■..■ :,•.[)
Subchapter II. Prohibited Practices. ■ ■' * .-;■: '>iJ J
Section ••■•.;•
26-1152.13. Limitations on balloon payments. . ' v ' . '
,! ° Subchapter II. Prohibited Practices. .. • ,;
§26-1152.13. Limitations on balloon payments. , ,rf: r i V f;
Notes of Decisions .,- L ... , ; •,■ .-.•,•<'.,■: ■ ..,■;■, . v ^i
Business loans SS ' , .■ . tinder '.'District Of Columbia Home 1 Loan Protection
Act (HLPA), although loan contained! a> balloon
. . ,;.-,., .payment, ,where note was a business loan secured
2. Business loans . . : -'r> .'by promisor's rental 1 property: : Onyeoziri v.' Spi-
; Loan that was obtained for property that was' , : 'v6k, 2012> 44 A.3d 279. 'Consumer 'Cre'dit' , -<s= i ' I >4
rented out by promisor was not a "coveredjloan",;,,..) : . (•■;■;# v. : . ;■.;»..•, ;,,.■.-,; •. .. vt., ... ■■= ; , /jijnJ'iBfi
. '■■ ! ',-'.'.':;"'i ,' j"';"'.' 1 "' r.ar • ■;■.' •<<> ; s,. '!;::"■' "' '■. .' : - '■ ■ ■'■ m ihudifi 1 .
' -'■■■ ■■■■■■■■■■'■■■■■•' ' ■-^'^^TiTi i E 1 28 ,; ' ;; " ;; ^ hv;: - : "\. :r '' ,::"; J 5S
COMMERCIAL INSTRUMENTS ^ AND TRANSACTIONS. ! f)
:''..-: . ,.,ii- *;(.:.-■ ••.':' '., ivfwTi
SUBTITLE I. 'UNIFORM: COMMERCIAL CODE. "' ,! ' i(J
■; . ,'-..- r i.ar.o'.>
Article Section
2. Sales. ....:.....:.::....:..... .'.". . 28:"2-210
SUBTITLE II. OTHER COMMERCIAL TRANSACTIONS. '■',.*' i
Chapter Section
35. Statute Of Frauds . v. .28-3502
39. Consumer Protection Procedures. '.' ; .- ; . f l£S'^396i
SUBTITLE I ° '
UNIFORM COMMERCIAL CODE.
■ -' Article 2
Sales. '" ' :; : : ". : ' '
Part 2. Form, Formation and Readjustment Section
of Contract. ! 28:2-314. Implied '■ warranty: merchantability;
„ .. usage of trade. - J s '■ ' ' r - ' '' 5
Section "
28:2-2i0. Delegation of performance; assignment .ija'.ii i>rj.i i^iVhl ','.> V/iisi ;'■ ' ' ' ->' ] '' '.'".<
of rights. , i ■ ; ; :;. / ;
v-.'./'' Part 3. General Obligation and ::''«':: .,:■:■' v. '.■,-;.:. :./.;' w : \ ■>
Construction of Contract. i ;& ; : ; : , i, i, :■% '-.;
' : .I,;0':.'. :, 'i!.. •:.,; . ' I) bofi
238
LOCAL BUSINESS AFFAIRS § 28-3502
Note 5
Part 2. Form, Formation and Readjustment of Contract.
§ 28:2-210. Delegation of performance; assignment of rights.
Notes of Decisions
1. Actions of assignee had policies or programs different from franchi-^
Higher prices and direct debiting by franchisor sor's. Metroil, Inc. v. ExxonMobil Oil Corp.,
were anticipated and permitted by original fran- C.A.D.C.2012, 672 F.3d 1108, 400 U.S.App.D.C. 43.
chise contract, and thus assignment did not materi- Antitrust and Trade Regulation «=> 270(3)
ally increase burdens or risks for franchisee with Under District of Columbia law, alleged actions
respect to those issues, and did not violate District by assignee of franchisor's gas station franchise
of Columbia Retail Service Station Amendment agreement, in raising the price charged for fuel,
Act (RSSA), where that contract stated that prices demanding payment in advance instead of cash on
were "subject to change at any time and without delivery, and withdrawing -excessive funds from
notice," method of payment could include automat- franchisee's bank account, were permitted by the
ed direct debit "or any other method as desig- franchise agreement and were not invalid under
nate[d] from time to time," franchisor could assign the Uniform Commercial Code (UCC). Metroil,
any or all of its rights or interests, without restric- Inc. v. ExxonMobil Oil Corp., 2010, 724 F.Supp.2d
tion, to any person or entity, and assignment by ' 70, adhered to on reconsideration 2010 WL
franchisor could affect franchisee's rights and obli- .7505713, affirmed 672 F.3d 1108, 400 U.S.App.D.C.
gations under agreement to extent that assignee 43. Contracts <s=> 202(1)
Part 3. General Obligation and Construction of Contract.
§ 28:2-314. Implied warranty: merchantability; usage of trade.
Notes of Decisions
Water 5.5 though owner argued that the water was exces-
sively corrosive to copper plumbing and had
caused pinhole leaks to develop in the buildings'
pipes; the water was safe for drinking, cooking,
and plumbing, the primary purpose of the water
5.5. Water
Owner of residential buildings did not show that wa s not to keep the buildings' pipes from corrod-
water authority that sold and distributed potable i n g, and persuasive testimony indicated that all
water to the buildings through its pipe system types of pipes could experience leaks from water,
breached the implied warranty of merchantability which was a naturally corrosive substance. Cormi-
set forth in the District of Columbia's version of er, et al. v. D.C. Water and Sewage Authority, 139
the Uniform Commercial Code (UCC), even WLR 2157 (Super. Ct. 2011).
SUBTITLE II
OTHER COMMERCIAL TRANSACTIONS.
Chapter 35
Statute of Frauds.
Section
28-3502. Special promise to answer for debt or '
default of another.
§ 28-3502. Special promise to answer for debt or default of another.
Notes of Decisions .
5. Contents of memorandum or contract obligation imposed by law independent of that
Omission to perform a ■ contractual obligation arising out of the contract itself, is not enough to
does not ordinarily create a cause of action in tort sustain an action sounding in tort. Curry v. Bank
as between the contracting parties; thus, the mere f America Home Loans Servicing, 2011, 802
negligent breach of a contract, absent a duty or
239
§ 28-3502
Note 5
F.Supp.2d 105, affirmed 466 Fed.Appx. 12* 2012
WL 1918571. Action <s= 27(1); Negligence ®=>
219; Torts ®=> 113(2)
21. Sufficiency of evidence
Valid contract for modification of loan did not
exist between borrower and lender, even if nota-
rization on loan modification application had been
% D.Ci official .mom.
legally adequate, since borrower had never signed
application, and borrower's signature on applica-
tion, by itself, did not result in ratification of offer
to contract. Curry v. Bank of America' Home'
Loans Servicing, 2011, 802 F.Supp.2d 105, affirmed
466 FedAppx. 12, 2012 WL 1918571. Mortgages
<3=>306 . ■; , i:' ; >'. .1
Chapter 39
Consumer Protection Procedures.
Section
28-3901.
Definitions and purposes.
Section <■" i
28-3904. Unlawful trade practices.
28-3905., Complaint procedures. ' j !
§ 28-3901. Definitions and purposes.
Notes of Decisions
1. Construction and application
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 rule,
when borrower signed final loan documents, where
settlement statement stated that YSP would be
paid "by the Lender" to broker. Newlahd v. Auro-
ra Loan Services, LLC, 2011, 806 F<Supp.2d 65.
Limitation of Actions <S=> 100(12) ' '
Former staff attorney's settlement of his post-
employment compensation claims against law firm
fell outside of consumer-merchant relationship reg-
ulated under District of Columbia Consumer Pro-
tection Procedures Act. The Cuneo Law Group,
P.O. v. Joseph, 2009, 669 F.Supp.2d 99, affirmed
428 FedAppx. 6, 2011 WL 2610561, rehearing en
banc denied, certiorari denied 132 S.Ct. 854, 181
L.Ed.2d 551. Antitrust And Trade Regulation ®=»
141
2. Construction with other laws
References to Fourth Amendment in cardhold-
ers' first amended complaint did not constitute
federal question for purposes of removal in action
alleging credit card services company violated Dis-
trict of Columbia Consumer Protection Procedures
Act (DCCPA) by outsourcing handling of cardhold-
ers' private data to foreign countries without notice
or disclosure; cardholders' complaint relied exclu-
sively on District Of Columbia law and asserted
only causes of action under DCCPA, cardholders
had not pled any violation of Fourth Amendment
or sought any relief under Fourth Amendment,
and central issue in complaint was whether compa-
ny's actions were deceptive under DCCPA, not
whether their actions constituted violation of
Fourth Amendment. Stein v. American Exp.
Travel Related Services, 2011, 813 F.Supp.2d Mi
Removal of Cases @=> 25(1)
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 haves
received and violated Consumer Protection Act
accrued when borrower signed final loan docu-
ments, despite borrower's contention that his brp 7
ker never disclosed existence or conditions of yield
spread premium (YSP), where settlement state-
ment stated that YSP would be paid "by the.
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)
21. Damages
Punitive, damages awards of $2 million against
property purchaser, $1.1 million against company
owned by purchaser, and $200,000 against purport*
ed money lender, in former homeowner's action for
fraud and violation of Consumer Protection Proce-
dures Act (CPPA), arising out of sale of home
prior to foreclosure sale, were not excessive and
did not violate due process;, scheme to purchase
home and lease it back to former homeowner by
using confusing paperwork that was purposely
mislabeled was reprehensible and caused more
than economic injury, former homeowner was dis^i
abled, lender and purchaser had been involved in
prior similar transactions, treble compensatory
damages award of $180,000 was not substantial
given loss in equity in home,- punitive damages
240
LOCAL BUSINESS AFFAIRS
awards did not exceed 11 to 1 ratio with regard to
compensatory damages award, lender had substan-
tial net worth, and CPPA did not contain provision
imposing civil fines for transaction. Modern Man-
agement Co. v. Wilson, 2010, 997 A.2d 37, certiora-
§ 28-3904
Note 8
ri denied 132 S.Ct. Ill, 181 L.Ed.2d 36, rehearing
denied 132 S.Ct. 800, -181 L.Ed.2d 511. Antitrust
And Trade Regulation <&=> 392; Constitutional Law
©=4427; Fraud ®= 62
§ 28-3904. Unlawful trade practices.
Notes of Decisions
2. Construction with other laws
Conflict existed between Maryland and District
of Columbia consumer protection statutes, as re-
quired for court to determine, under District of
Columbia choice of law rules, which jurisdiction
had most significant relationship to action brought
by consumer, who rented moving truck, against
moving company alleging that company falsely ad-
vertised and misrepresented quality of vehicles;
consumer could bring representative action for
injunctive relief under District of Columbia Con-
sumer Protection Procedures Act (CPPA), but
could not under Maryland Consumer Protection
statute. Margolis v. U-Haul Intern., Inc., 2011,
818 F.Supp.2d 91, appeal dismissed 2011 WL
6759940. Antitrust and Trade Regulation ©= 131
Under District of Columbia choice of law rules,
governmental interests weighed in favor of applica-
tion of Maryland law, rather than District of Co-
lumbia law, to action brought by consumer, who
rented moving truck, against moving company and
related entity alleging that company falsely adver-
tised and misrepresented quality of vehicles; al-
though District of Columbia Consumer Protection
Procedures Act (CPPA) was not limited in its
application to consumers or companies who were
residents of District and had been applied to non-
District merchants, company was incorporated in
Nevada with its principal place of business in
Arizona, its related entity was incorporated in
Maryland with principal place of business in Mary-
land, consumer was resident of Maryland when he
saw allegedly deceptive advertisements in Mary-
land, made his reservation for truck and was in-
jured, and only connection with District involved a
party which no longer existed and was not in case.
Margolis v. U-Haul Intern., Inc., 2011, 818
F.Supp.2d 91, appeal dismissed 2011 WL 6759940.
Antitrust and Trade Regulation ®= 131
District of Columbia Consumer Protection Act
(DCCPA) does not apply to commercial dealings
outside the consumer sphere; the DCCPA only
applies, therefore, where the transaction at issue is
primarily for personal use. Antoine v. U.S. Bank
Nat. Ass'n, 2010, 821 F.Supp.2d 1. Antitrust and
Trade Regulation ®= 140
On motion for summary judgment on claim al-
leging violations of District of Columbia Consumer
Protection Act (DCCPA), borrowers conceded ar-
gument that defendants engaged in false, decep-
tive, and misleading conduct when enforcing and
collecting debt owed on mortgage loan, where bor-
rowers failed to address defendants' responsive
argument that loan was not consumer transaction
within purview of DCCPA. Antoine v. U.S. Bank
Nat. Ass'n, 2010, 821 F.Supp.2d 1. Federal Civil
Procedure ®=> 2491.9
Mortgagee's alleged violation of the District of
Columbia Consumer Protection Procedures Act
(CPPA) could not serve as underlying tort to sup-
port mortgagor's civil conspiracy claim against
mortgagee, under District of Columbia law, as
predicted by the District Court. Findlay v. Citi-
Mortgage, Inc., 2011, 813 F.Supp.2d 108. Conspir-
acy ®=> 8
3. Preemption
Mortgagor's claim that mortgagee, note holder,
bank holding company, and others violated the
District of Columbia Consumer Protection Proce-
dures Act (CPPA) by making misrepresentations
in her loan documents was preempted by the
Home Owners' Loan Act (HOLA) and regulation
preempting state laws purporting to regulate cred-
it activities of federal savings associations, where
the claim, specifically linked to the loan documents,
had a substantial affect on disclosures defendants
were allowed to make under HOLA, as well as
origination of their loans, loan-related fees, and
terms of credit, amortization of loans, and deferral
and capitalization of interest. Poindexter v. Wa-
chovia Mortg. Corp., 2012, 851 F.Supp.2d 121.
Antitrust and Trade Regulation ©= 132; Building
and Loan Associations ©= 38(1); States <&=> 18.19
6. Persons liable
Tourist's allegations that company that offered
city tour on two- wheeled self-balancing personal
transports was licensed franchise by another com-
pany, which oversaw management and promotional
activities, were sufficient to plead that licensing
company was an independent entity that could be
sued, as required for tourist's claims of negligence
and violations of the District of Columbia Consum-
er Protection Procedures Act (CPPA) after he was
injured in a collision. Mero v. City Segway Tours
of Washington DC, LLC, 2011, 826 F.Supp.2d 100.
Antitrust and Trade Regulation ®= 291;, Automo-
biles ®= 388
8. Unfair advantage
Evidence of former homeowner's medical condi-
tion was admissible as directly relevant to her
Consumer Protection Procedures Act (CPPA) ac-
tion against purported money lender, property
purchaser, and company owned by purchaser, aris-
ing out of sale of home prior to foreclosure sale;
former homeowner alleged that purported lender
and purchaser took advantage of her inability to
protect her interests due to her medical condition.
Modern Management Co. v. Wilson, 2010, 997 A.2d
37, certiorari denied 132 S.Ct. Ill, 181 L.Ed.2d 36,
241
§ 28-3904
Note 8
rehearing denied 132 S.Ct. 800, 181 L.Edid 511.
Antitrust And Trade Regulation ®=» 368 ■
15.5. Misleading representations ,
Fact that nonprofit organization established to
promote the interest of retired persons sent mail-
ings relating to both its Medical Advantage Indem-
nity Insurance Plan (MAP Policy) and its Personal
Health Insurance Plan (PHIP Policy) that included
the words, "primary health insurance," did not
establish that a reasonable consumer would have
assumed that both policies were substantively simi-
lar, so as to support organization's members' Dis-
trict of Columbia Consumer Protection Procedures
Act (CPPA) and unjust enrichment claims against
the organization, arising from their subscription to
the MAP Policy; by sending two separate mailings
relating to two separate plans, a reasonable con-
sumer would not have assumed thatthe plans were
necessarily the same at all, and, if anything, having
information readily available to compare policies, a
consumer could have easily determined the limited
benefits available through the MAP Policy as com-
pared to the comprehensive PHIP Policy. Hal-
pern v. AARP, 2010, 826 F.Supp.2d 1, appeal dis-
missed 2011 WL 1770474. Antitrust and Trade
Regulation <s=> 222; Implied and Constructive Con-
tracts <s=> 3
Tourist's allegations that he paid for a city tour
with company that used two wheeled self-balancing
personal transports, that, after safety training, he
asked his tour guide about a missing key device on
his transport, that the guide told him "it was not
important," that this was misleading, and that the
lack of key device caused his injury in a collision
while on tour were sufficient to state a claim under
the District of Columbia Consumer Protection Pro-
cedures Act (CPPA) against company. , Mero v.
City Segway Tours of Washington DC, LLC, 2011,
826 F.Supp.2d 100. Antitrust and Trade Regula-
tion ®=» 226 : '
D.C. OFFICIAL I GfODE
28. Summary judgment :h-uain
Allegations by mortgagor that she had ^'siffi
grade education and had total monthly ihcpffle/'of
$853 from social security disability benefits; „that
the mortgagee took advantage of her situation" ari'd
her lack of sophistication in refinancing her mort-
gage loan, with a monthly mortgage payment of
$2061, and that the refinancing worked to the
mortgagor's substantial detriment, stated claim
against mortgagee for violation of the District of
Columbia Consumer Protection Procedures 1 Act
(CPPA). Findlay v. CitiMortgage, Inc., 2011; 813
F.Supp.2d 108. Antitrust and Trade Regulation
©=209 ' ' .'" : ' : ;
29. Damages
Punitive damages awards of $2 million against
property purchaser, $1.1 million against company
owned by purchaser, and $200,000 against purport-
ed money lender, in former homeowner's action for
fraud arid violation of Consumer Protection Proce-
dures Act (CPPA), arising out of sale of home
prior to foreclosure sale, were hot excessive 1 arid
did not violate due process; scheme to ptttchase
'home arid lease it back to former homeowner' by
using confusing paperwork that was purpbsery
mislabeled was reprehensible and causedvrhbre
than economic injury, former homeowner was dis r
abled, lender and purchaser had been irivo'lved in
prior similar transactions, treble compensatory
damages award of $180,000 was not substantial
given loss in equity in home, punitive damages
awards did not exceed 11 to 1 ratio with regard to
compensatory damages award, lender had substan-
tial net worth, and CPPA did not contain provision
imposing civil fines for transaction. Modem Man-
agement Co. v. Wilson, 2010, 997 A2d 37, certiora<-
ri denied 132 S.Ct. Ill, 181 L.Ed.2d 36, rehearing
denied 132 S.Ct. 800, 181 L.Ed.2d 511. Antitrust
And Trade Regulation ®=» 392; Constitutional Law
<S=>4427; Fraud «=> 62
§ 28-3905. Complaint procedures,
Notes of Decisions
4. Consumer transactions
Psychologists' association and its lobbying arm
were exempt from psychologists' consumer protec-
tion action, under District of Columbia's Consumer
Protection Procedures Act (CPPA), arising out of
association's alleged misrepresentations that spe-
cial assessment paid by psychologists to associa-
tion for use by lobbying arm was required for
membership in association, as psychologists' claims
were based on membership in association and
membership services. In re APA Assessment Fee
Litigation, 2012, 2012 WL 1940224. Antitrust and
Trade Regulation «=>' 152
9. Standing
There was no evidence that lender's alleged
failure to advise borrower that terms of repayment
agreement were not negotiable or that borrower
would have to make $2500 good faith down pay-
ment before agreement became effective, in viola-
tion of District of Columbia Consumer Protection
Procedures Act (DCCPPA), caused borrower to
miss payments, which led to her alleged damages
in forrii of late fees, collection costs and interest.
Muldrow v. EMC Mortgage '■ Corp., 2011'/ 766
F.Supp.2d 230, affirmed '444 Fed.Appx. 45^2011
WL 5514031. Antitrust and Trade Regulation ®=>
209 :: ' ■rynMi.'-
16. Judicial proceedings ;
Under District of Columbia choice-of-law princi-
ples, District of Columbia law, rather than Califor-
nia law, applied to psychologists' consumer protec-
tion claims against psychologists' association and
its lobbying arm, based on allegations that associa-
tion misrepresented that special assessment paid
by psychologists to association for use by lobbying
arm was required for membership in association,
as both jurisdictions had interest in applying their
own laws to facts of case, and District of Columbia
242
LOCAL BUSINESS AFFAIRS
was forum jurisdiction. In re APA Assessment .
Fee Litigation, 2012, 2012 WL 1940224. Antitrust
and Trade Regulation ®=» 131
18. Evidence
There was no evidence that lender's alleged
failure to advise borrower that terms of repayment
agreement were not negotiable or that borrower
would have to make $2500 good faith down payr
ment before agreement became effective, in viola-
tion of District of Columbia Consumer Protection
Procedures Act (DCCPPA), caused borrower to
miss payments, which led to her alleged damages
in form of late fees, collection costs and, interest.
Muldrow v. EMC Mortgage Corp., 2011, 766
F.Supp.2d 230, affirmed 444 Fed.Appx.-455, 2011
WL 5514031. Antitrust and Trade Regulation «=»
209
19. Damages — In general
Unlike the District of Columbia Consumer Pro-
tection Procedures Act (DCCPPA), actual damages
are not required for standing under the Fair Debt
§ 29-403.04
Note 2
Collection Practices Act (FDCPA). Muldrow v.
BMC Mortgage Corp., 2011, 766 F.Supp.2d 230,
affirmed 444 FedAppx. 455, 2011 WL 5514031.
Antitrust and Trade Regulation «=» 290
20. ' Treble damages, damages
Purported money lender, property purchaser,
and company owned by purchaser were entitled to
pro rata setoff of $40,000 from treble compensato-
ry damages award of $180,000, which, was awarded
to former homeowner under the Consumer Protec-
tion Procedures Act (CPPA) in her action arising
out of sale of home prior to foreclosure sale, repre-
senting settlement between former homeowner
and law firm involved in transaction; law firm's
involvement in sale of home was extrinsic to for-
mer homeowner's CPPA claims. Modern Manage-
ment Co. v. Wilson, 2010, 997 A2d 37, certiorari
denied 132 S.Ct. Ill, 181 L.Ed.2d 36, rehearing
denied 132 S.Ct. 800, 181 L.Ed.2d 511. Damages
®=63
TITLE 29
BUSINESS ORGANIZATIONS.
Chapter Section
4. Nonprofit Corporations 29-403.04
6. General Partnerships 29-601 .04
Chapter 4
Nonprofit Corporations.
Subchapter III Purposes and Powers.
Section
29-403.04. Ultra vires.
Section
Subchapter XI. Derivative Proceedings.
29-411.02. Standing.
Subchapter III Purposes and Powers.
§ 29-403.04. Ultra vires.
Notes of Decisions
Parties 2
2. Parties
Plaintiffs did not have standing to bring a deriv-
ative action on nonprofit corporation's behalf
against individuals who were corporation's di-
rectors and allegedly engaged in ultra vires acts,
even though the District of Columbia Nonprofit
Corporation Act provided that a challenge to a
corporation's power to act could be brought the
corporation through a legal representative; plain-
tiffs were not current officers or directors of corpo-
ration, even assuming that "legal representative"
could be an officer or a director, and were not
members of corporation, which was formed as a
non-member corporation, and it did not appear
that plaintiffs complied with the procedural re-
quirements for asserting a derivative claim. The
Federation for World Peace and Unification Inter-
national, et al. v. Moon, et al., 140 WLR 1605
(Super, Ct. 2012).
243
§ 29^411.02
DC. OFFICIAL CODE
Subchapter XL Derivative Proceedings.
§219-411.02. Standing.
Notes of Decisions
Iti general 1
1. In general
Plaintiffs did hot have 1 standing to bring a deriv-
ative 1 action on nonprofit corporation's behalf
against individuals who were corporation's di-
rectors and allegedly engaged in ultra vires acts,
even though the District of Columbia Nonprofit
Corporation Act provided that a challenge to a
corporation's power to act could be brought the
corporation through a legal representative; plain 7
tiffs were not current officers or directors of Corpo-
ration, even assuming that "legal representative' 1
could be an officer or a director, and were, not
members of corporation, which was formed as a
non-member corporation, and it did not : appear
that plaintiffs complied with the procedural re-
quirements for asserting a derivative claim 1 !- 'Trie
Federation for World Peace and Unification Inter-
national, et al. v. Moon, et aL, 140 WLR 1605
(Super. Ct. 2012). :l; -
':'y., ■:-.; Chapter 6 ■,
General Partnerships.
Subchapter I. General Provisions.-
Section •?■ : <
29-601.04. Effect of partnership agreement; non-
'■■■'■'■■"' - waivable provisions.
Subchapter I. General Provisions.
§ 29-601.04. Effect of partnership agreement; nonwaivable provisions.
Notes of Decisions
Loans 1"
1. Loans
Under District of Columbia law, even if a loan
was a proper form of payment under the partner-
ship agreement, the size and terms of the loans
copartner took from the partnership bore no rela-
tion to any services he contributed, and, thus,
copartner breached the non-waivable duties he
owed to partner by reducing the partriersnip's
capital stock almost to nothing* as well as-bV ''misin-
forming partner about failure of the securities
litigation the partnership was entered into to pur-
sue. Robertson v. Cartinhour, C.A.D.G.2012, 2012
WL 1164950, Unreported, rehearing en banc de-
nied, petition for certiorari filed 2012 WL 3598563.
Partnership <s= 70; Partnership ®=».83' l .SO!M5£ 3
TITLE 31
v;,:;',!', ■■-, insurance And securities.
SUBTITLE II,. REGULATION OFINSURANCE INDUSTRY GENERM,LY.' ,^;,..'"
'Chapter" ■■■■<■■■■.'■■■■ ■■ .^ mi .■.:..,■■....-■' ■>■ -. . ■. - rr ,.- , ,., .;, Section
6A. Fingerprint-Based Background Checks. . ... . . . ,, } .. „... , .. , ,-. . .; . 31-631
.'.-.:''■■". SUBTITLE IV. HEALThTaND RELATED WsURANCE:, : • ., ; :
31 D. (Health Benefit Exchange.. ... ,,: . 31-3171,18
SUBTITLE V. LIABILITY AND RELATED INSURANCE. ^ ■':->"■)
39A. Captive Insurance Companies (2004) 31-3931 .07
244
LOCAL BUSINESS AFFAIRS § 31-632
SUBTITLE II
REGULATION OF INSURANCE INDUSTRY GENERALLY.
Chapter 6A
Fingerprint-Based Background Checks.
Section Section
31-631. Definitions. 31-633. Confidentiality.
31-632. Fingerprinting and criminal history rec- 31-634. Rules,
ord background checks.
§ 31-631. Definitions.
For the purposes of this chapter, the term:
(1) "Applicant" means an individual, or other person designated by the Commissioner by
rule, applying for any of the following:
(A) An initial license as a resident insurance producer pursuant to Chapter 11A of this
title, or public insurance adjuster pursuant to Chapter 16A of this title; .
(B) A license or registration to be an agent, broker-dealer, investment adviser, or
. investment adviser representative pursuant to Chapter 56 of this title;
(C) A charter to open and operate a new bank pursuant to subchapter I of Chapter 7
of Title 26; or
(D) A license, charter, or registration, other than those designated in subparagraphs
(A) through (C) of this paragraph, as designated by the Commissioner by rule.
(2) "Commissioner" means the Commissioner of the Department of Insurance, Securi-
ties, and Banking.
(3) "Fingerprint" means an impression of the lines on the finger taken for the purpose of
identification. The impression may be electronic or in ink converted to an electronic
format.
(June 20, 2012, D.C. Law 19-143, § 101, 59 DCR 4069.)
Historical and Statutory Notes
Legislative History of Laws adopted on first and second readings on March 6,
Law 19-143, the "DISB Fingerprint>-Based 2012, and April 17, 2012, respectively. Signed by
Background Check Authorization Act of 2012", was the Mayor on April 29, 2012, it was assigned Act
introduced in Council and assigned Bill No. 19-198, No. 19-346 and transmitted to both Houses of
which was referred to the Committee on Public Congress for its review. D.C. Law 19-143 became
Services and Consumer Affairs. The Bill was effective on June 20, 2012.
§ 31-632. Fingerprinting and criminal history record background checks.
(a) The Commissioner shall require state and national criminal history record background
checks of each applicant for the purpose of determining eligibility for a license, registration,
or charter. In order for the Commissioner to obtain and receive national criminal history
records from the Federal Bureau of Investigation's Criminal Justice Information Services
Division, the Commissioner shall require each applicant to submit a full set of fingerprints,
including a scanned electronic or digital fingerprint or a hard copy fingerprint.
(b) The applicant shall bear the cost of administering and processing the fingerprinting and
criminal history record background checks. The Commissioner shall establish, by rule, fees
to cover the costs associated with the fingerprinting and criminal history record background
checks.
(c) The Commissioner may contract for the collection and transmission of fingerprints
authorized under this chapter, including any administrative functions related thereto.
(d) The Commissioner may exchange the fingerprints and other information with, and
receive criminal history record background information from, the Metropolitan Police Depart-
245
§31-632 D:C. DFFICIALJ@0I3E
ment and the Federal Bureau of Investigation for the purpose of facilitating determinations
regarding eligibility for licensure under this chapter. The Metropolitan Police Department
may exchange this fingerprint data with the Federal Bureau of Investigation. a^IM
(June 20, 2012, D.C. Law 19-143, § 102, 59 DCR 4069.)
Historical and Statutory Notes
Legislative History of Laws ' ' -','■
For history of Law 19-143, see notes under
§ 3i-63i. - ; • [ r;: ::l h *
§31-633. Confidentiality. , ;
(a) The Commissioner shall:
(1) Treat and maintain applicants' fingerprints and any criminal •history record back^
ground information obtained under this chapter as confidential;
(2) Apply security measures consistent with -the Criminal {fustice : 'IruWmatitiri Services
Division of the Federal Bureau of Investigation's, /standard's for the electronic storage of
fingerprints and necessary identifying information; 'and /. , :, -_„u \-- - "i v i:: . h n
(3) Limit the use of records solely for the purposes authorized by this chapter. ; V;
(b) For the purposes of this chapter, any such' records shall: •' ' : ' r ■'; v.. ■•I'i'A
' (1) Not be deemed to be a public record within the i meaning 'bf f 2-502(18); " ' ,
(2) Not be subject to disclosure, except pursuant to a subpoena issued by orider of a
" court of competent jurisdiction;
(3) Be kept confidential by law and privileged; and ... \
(4) Not be subject to discovery or admissible in any private civil action.
(June 20, 2012, D.C. Law 19-143, § 103, 59 DCR 4069.)
Historical and Statutory Notes .
Legislative History of Laws
For history of Law 19-143, see notes under
§ 31-631. -.,■.,,....,.•
■: i (A)
•" (2)
! ' (K)
..ifiifi'KW
.! ,0SI snirli
§ 31-634. Rules. „ .inVl -■.■.\k):-,-\ tr\:.,;
• .The Commissioner, pursuant to Chapter 5 of Title 2, may issue rules to implement the
provisions of this chapter.
(June 20, 2012, D.C. Law 19-143, § 104, 59 DCR 4069.) • . .
Historical and Statutory Notes ' ■ "' "■''■"'
Legislative History of Laws ■•■-.. . ,,.,, ,.
For history of Law 19-143, see notes under
§ 31-631. •:""■ : ' : " ■ ':• ■ "■; ' • : " ■ •■'
SUBTITLE IV''-' ' . '■-'.■ '■ < : ','Z'"n
HEALTH AND RELATED INSURANCE.
Chapter 31D
Health Benefit Exchange.
Section
31-3171.18. Applicability. . ' . ' : '
246
LOCAL BUSINESS AFFAIRS § 31-3931.07
§ 31-3171.18. Applicability.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7015 of Fiscal Year 2013 Budget Support
see § 7015 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 V
LIABILITY AND RELATED INSURANCE.
Chapter 39A
Captive Insurance Companies (2004).
Subchapter I. General.
Section
31-3931.07. Investments.
Subchapter I. General.
§ 31-3931.07. Investments.
(a) A captive insurer shall file with the Commissioner a schedule of its proposed invest-
ments, and any material changes thereto, which the Commissioner may approve if he or she
determines that the investments do not threaten the solvency or liquidity of the captive
insurer. The Commissioner shall not unreasonably disapprove the investments.
(b) A captive insurer or segregated account may make a loan to its parent or affiliated
company if the loan:
(1) Is first approved in writing by the Commissioner;
(2) Is evidenced by a note that is in a form that is approved by the Commissioner; and
(3) Does not include any money that has been set aside as capital or surplus as required:
by§ 31-3931.06(a) or (f).
(c) Notwithstanding subsection (b) of this section, a risk retention group licensed as a
captive insurer shall be subject to subchapters, I, III, and V of Chapter 13A of this title.
(Mar. 17, 2005, D.C. Law 15-262, § 8, 52 DCR 1205; Mar. 14, 2012, D.C. Law 19-103, § 2(c), 59 DCR
432.)
TITLE 32
LABOR.
Chapter Section
5. Family and Medical Leave ... 32-501
10. Minimum Wages , 32-1002
13. Payment and Collection of Wages 32-1 308
13C. Prohibition on Discrimination Against the Unemployed 32-1361
1 5. Workers' Compensation 32-1 501
247
§ 31-3931.07 S D.C. OFFIGIAIUG.QDEi
Chapter 5 .^." ■-.'■:■: ; .y\ ■;•; ;-•::; -.{MS §
Family and Medical Leave.
,.!■:..;;■,-■;. V-t .. . i^: ■ :- ■-. <-.- . :, ' , ,;.,:- '- ;. ' ,-■*..,; pvr ,j;51
Section: : ■ ■•,'.";.:' . ' ■■■.;;'■.;' --i ■'■!
32-f501 1{ . Definitions; .'■.■■;.'.;.■ s - : ". . • !■-..•.■ ■ i,."'. : ' is
.vi-iU's :''■>! ■./. ,.:.. I :,;;.: ";- ,-. : '' .) ..- '. v ■_■ ,...,.:;.■, '.;;:,■/.- ..;; ; :,j.(- ; .,■'■•• ■.-• ,•■>!
§ 32-501. Definitions.
Notes of Decisions
Eligible employee' 6.5 ; ,,,;,/: District of Columbia Family /Medical Leave Act
(DCFMLA), where he spent periods of time in
District but was hired to work out of office in
6.5. Eligible employee '■'■'■ Virginia' and spent less than 30% of his time in
Employee spent less than 50% of his time work- District. Hopkins v. Grant Thornton Intern., 2012,
ing in the District of Columbia* and therefore, was j) ; 851 F.SuppJM 146;|ULabpij and Employment ®=»
not an employee eligible for coverage under the 338"" "'"''"" '-„-■»-
Chapter 10
Minimum Wages. ■ ,-:;«■:!,!. -.^i .vo : ;^:?; : ;
Subchapter I. General. Section
,. ,,,;,...,,,:; 32-1003. Requirements.
Section ■■'■■">' -■■<>■.< ■ 32-.1004. Exceptions.
32-1002. Definitions. , 32-1012. Civil liability.
''■■>■'■:,:■■.:■ ■■>f? f, r- ■...■ SUBCHAPTER 'I.. GENERAL. . ■':.■■: \ '■•■■.,.- •:',-n
§32-1002. Definitions. ; .si
Notes of Decisions u
1. Employer imumwage and tip. credit notices posted by restau-
Restaurant Maitre d' was not "employer" within rant made no representations whatsoever as to
meaning of Fair Labor Standards Act (FLSA), and treatment of tips, and noted only that if "any
thus restaurant's inclusion of Maitre d' in tip pool employee's tips" combined with hourly wage did
did not invalidate restaurant's use of tip credit not equal minimum wage, restaurant was required
under FLSA or District of Columbia Minimum to make up difference, and tip poo) was verbally
Wage Act (DCMWA); Maitre d' had ho authority explained at time of hire and from time to time
to hire, . fire, or discipline employees without prior during employment. Arencibia V. 2401 Restaurant?
authorization, Maitre d' had little, if any (JJ discretion Corp., 2011, 831 F;Supp.2d 164, ^appeal, dismissed
in setting" work schedule,. Maitre d''was hot in- 2012 WL 3244072. Lab6r''And' V Employmerit ^
volved in setting rate or method of payment to 2325 *' u "'
employees, and Maitre d' did not maintain employ- dj.-4.ij-i c i j i-
ment records. Arencibia v. 2401 Restaurant , . , R^tam-ant s director of sales and sommeher,
Corp., 2011, 831 F.Supp.2d 164, appeal dismissed ^ who f e -^P 3 an f fees were pal d out before restau-
2012 WL' 3244072. Labor And Employment &* rants ta P P° o1 was calculated, were not partici-
2325 e; ( -y pants in pool, for purposes of former restaurant
" • : ' employees' claims under Fair Labor Standards Act
2. Tips (FLSA) and District of Columbia Minimum Wage
/Restaurant adequately disclosed to employees Act (DCMWA) alleging that restaurant's inclusfoB 1
its use of tip pool, in combination with tip credit, as of certain employees in pool invalidated its; use-jof
required by Fair Labor Standards Act (FLSA) and tip credit. Arencibia v. 2401 Restaurant; Corp'4
District of Columbia Minimum Wage Act 2011, 831 F.Supp.2d 164, appeal dismissed 2012
(DCMWA); contrary to employees' argument, niin- WL 3244072. Labor And Employment 4=» 2326
248:
LOCAL BUSINESS AFFAIRS
§ 32-1004
§ 32-1003. Requirements.
Notes of Decisions
2.7. Authority
Restaurant Maitre d' was not "employer" within
meaning of Fair Labor Standards Act (FLSA), and
thus restaurant's inclusion of Maitre- d' in tip pool
did not invalidate restaurant's use of tip credit
under FLSA or District of Columbia Minimum
Wage Act (DCMWA); Maitre d' had no authority
to hire, fire, or discipline employees without prior
authorization, Maitre d' had little, if any, discretion
in setting work schedule, Maitre d' was not in-
volved in setting rate pr method of payment to
employees, and Maitre d' did not maintain employ-
ment records. Arencibia v. 2401 Restaurant
Corp., 2011, 831 F.Supp.2d 164, appeal dismissed
2012 WL 3244072. Labor And Employment €=»
2325
6. Tips
Restaurant adequately disclosed to employees
its use of tip pool, in combination with tip credit, as
required by Fair Labor Standards Act (FLSA) and
District of Columbia Minimum Wage Act
(DCMWA); contrary to employees' argument, min-
imum wage and tip credit notices posted by restau- ■
rant made no representations whatsoever as to
treatment of tips, and noted only that if "any
employee's tips" combined with hourly wage did
not equal minimum wage, restaurant was required
to make up difference, and tip pool was verbally
explained at time of hire and from time to time
during employment. Arencibia v. 2401 Restaurant
Corp., -2011, 831 F.Supp.2d 164, appeal dismissed
2012 WL 3244072. Labor And Employment «=»
2325
Restaurant's director of sales and sommelier,
whose tips and fees were paid out before restau-
rant's tip 'pool was calculated, were not partici-
pants in pool, for purposes of former restaurant
employees' claims under Fair Labor Standards Act
(FLSA) and District of Columbia Minimum Wage
Act (DCMWA) alleging that restaurant's inclusion
of certain employees in pool invalidated its use of
tip credit. Arencibia v. 2401 Restaurant Corp.,
2011, 831 F.Supp.2d 164, appeal dismissed 2012
WL 3244072. Labor And Employment ©=> 2325
§ 32-1004. Exceptions.
(a) The minimum wage and overtime provisions of § 32-1003 shall not apply with respect
to:
(1) Any employee employed in a bona fide executive, administrative, or professional
capacity, or in the capacity of outside salesman (as these terms are defined by the
Secretary of Labor under 201 et seq. of the Fair Labor Standards Act); or
(2) Any employee engaged in the delivery of newspapers to the home of the consumer.
(b) The overtime provisions of § 32-1003(c) shall not apply with respect to:
(1) Any employee employed as a seaman;
(2) Any employee employed by a railroad;
(3) Any salesman, partsman, or mechanic primarily engaged in selling or servicing
automobiles, trailers, or trucks, if employed by a nonmanufacturing establishment primarily
engaged in the business of selling these vehicles to ultimate purchasers;
(4) ■ Repealed.
(5) Any employee employed as an attendant at a parking lot or parking garage; or
(6) Any employee employed by a carrier by air who voluntarily exchanges workdays with
another employee for the primary purpose of utilizing air travel benefits available to these
employees.
(Mar. 25, 1993, D.C. Law 9-248, § 5, 40 DCR 761; May 31, 2012, D.C. Law 19-127, § 2, 59 DCR 2252.)
Historical and Statutory Notes
Effect of Amendments
D.C. Law 19-127 repealed subsec. (b)(4), which
formerly read:
"(4) Any employee employed primarily to wash
automobiles by an employer whose annual dollar
volume of sales is derived by more than 50% from
washing automobiles, and for the employee's em-
ployment in excess of 160 hours over a period of 4
consecutive workweeks, the employee receives
compensation at a rate of 1 1/2 times or more the
regular rate at which he is employed;"
Legislative History of Laws
Law 19-127, the "Car Wash Employee Overtime
Amendment Act of 2012", was introduced in Coun-
cil and assigned Bill No. 19-247, which was re-
ferred to the Committee on Housing and Work-
force Development The Bill was adopted on first
and second readings on February 7, 2012, and
March 6, 2012, respectively. Signed by the Mayor
on March 18, 2012, it was assigned Act No. 19-321
and transmitted to both Houses of Congress for its
249
§ 32-1004
D.G OFFICIAL I 1 CODE
review. D.C. Law 19-127 became effective on May
31, 2012.
.u.;.-;)i-£8 g
§ 32-1012. Civil liability,
Notes of
4. Damages
Employee who was entitled to $144.50 in unpaid
overtime and liquidated damages pursuant to
FLSA, could not collect twice for the same unpaid
overtime compensation even though employer's
failure to pay also constituted violation of District
of Columbia Minimum Wage Act Revision Act
(DCMWA). Encinas v. J.J. Drywall Corp., 2012,
840 F.Supp.2d 6. Labor and Employment ©= 2393
Employer who, had unlawfully deducted 10% of
gross wages paid to its drywall employees, in
Decisions i- vm
violation of District of Columbia Wage Paym'ent
and Wage Collection Law (DCWPCL), and wK6
had failed to maintain any employee payroll rec-
ords, was liable for damages in the amount 1 of
$39,024 total in unlawful wage deductions, under
theory of unjust enrichment, based On average
number of employees working on jobsite, the dura 1 -
tion of their work, and employees' promised hourly
wages. Encinas v. J.J. Drywall Corp., 2012,' 840
F.Supp.2d 6. Implied and Constructive Contracts
'©=> 3; Implied and Constructive Contracts ®= 110;
'Labor and Employments 2202(1)' '■' ; '-'*' - ; ' ! -
Chapter 13 , t
Payment and Collection of Wages.
Section
32-1308. Employees' remedies.
§ 32-1308. Employees' remedies.
Notes of Decisions
■i'JI-SP, »
(K)
:oi
U)
7. Costs and attorney fees
Under District of Columbia law, former employ-
ee's refusal of employer's offer of judgment on her
claim for unpaid leave under Wage Payment Act
and Collection Law did not bar her claim for
attorney fees and costs, where offer of judgment
was in the amount of "$173.46 for liquidated dam-
ages, costs, and attorney fees," and employesre-
covered $173.46 for unpaid leave, "without-preju-
dice to the parties' arguments on attorney;)fees."
Dorsey v. Jacobson Holman, PLLC, 20^, .851
F.Supp.2d 13, affirmed 2012 WL 3244092. 'Federal
Civil Procedure «=> 2725 , (')
Chapter 13C
Prohibition on Discrimination Against the Unemployed.
Section
32-1361. Definitions.
32-1362. Discrimination based on status as unem-
ployed unlawful.
32^-1363. Retaliation unlawful. ;
Section
32-1364. Exemptions.
'32^1365. Oversight. ■'
32-1366. Civil penalties.
32-1367; ■ (Rules., v ■ ,.
32-1368. Applicability."
'rsho.tailii!
§32-1361. Definitions. n i) bra
For the purposes of this chapter, the term: : -i';
•'" (1) "Employee" means any individual employed by an employer. , ,
(2) "Employer" means any person who employs or seeks to employ for compensation one
or more individuals for a position in the District (but not including the person's parent,
spouse, child, or domestic servant engaged in work in and about the employer's household).
The term "employer" includes any person acting in the interest of the person, directly :! or
■■ indirectly. . '■:;;.;: wn
250
LOCAL BUSINESS AFFAIRS § 32-1363
(3) "Employment agency" means any person regularly undertaking or attempting, with
or without compensation, to procure employees for an employer or to procure for
employees opportunities to work for an employer, and includes an agent of that person.
(4) "Potential employee" means any individual who has applied to an employer for a
vacant position to gain employment.
(5) "Status as unemployed" means any individual who, at the time of applying for
employment, or, who at the time an act alleged to violate this chapter occurs, does not have
a job, is available for work, and is seeking employment.
(May 31, 2012, D.C. Law 19-132, § 2, 59 DCR 2391.)
Historical and Statutory Notes
Legislative History of Laws February 7, 2012, and March 6, 2012, respectively.
Law 19-132 , the "Unemployed Anti-Discrimina- Signed by the Mayor on March 19, 2012, it was
tion Act of 2012", was introduced in Council and assigned Act No. 19-329 and transmitted to both
assigned Bill No. 19-486, which was referred to the Houses of Congress for its review. D.C. Law
Committee on Aging and Community Affairs. The i 9 _i 3 2 became effective on May 31, 2012;
Bill was adopted on first and second readings on
§ 32-1362. Discrimination based on status as unemployed unlawful.
No employer or employment agency shall:
(1) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
(2) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
(A) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(B) Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.
(May 31, 2012, D.C. Law 19-132, § 3, 59 DCR 2391.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-132, see notes under
§ 32-1361.
§ 32-1363. Retaliation unlawful.
No employer or employment agency shall:
(1) Interfere with, restrain, or deny the exercise of, or the attempted exercise of, any
right provided under this chapter; or
(2) Fail or refuse to hire, or discharge, any employee or potential employee because the
employee or potential employee:
(A) Opposed any practice made unlawful by this chapter;
(B) Has filed any charge, or has instituted or caused to be instituted any proceeding,
relating to any right provided under this chapter;
(C) Has given, or is about to give, any information in connection with any inquiry or
proceeding relating to any right provided under this chapter; or
(D) Has testified, or is about to testify, in any inquiry or proceeding relating to any
right provided under this chapter.
(May 31, 2012, D.C. Law 19-132, § 4, 59 DCR 2391.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-132, see notes under
§ 32-1361.
251
■§ 32—1364 D.C, OFFICIAL CODE
§ 32-1364. Exemptions.
(a) Nothing set forth in this chapter shall be construed as prohibiting an employer or
employment agency from publishing, in print, on the Internet, or in any other medium, an
advertisement for any job vacancy that contains any provision setting forth any other
qualifications for a job, as permitted by law, including: ; . "
(1) The holding of a current and valid professional or occupational license;
(2) A certificate, registration, permit, or other credential; or ; . ' ■
(3) A minimum level of education, training, or professional, occupational, or field expert
ence. .''■'"• -'■■'
(b) Nothing in this chapter is intended to preclude an employer or employment agency
from examining the reasons underlying an individual's status as unemployed in assessing. an
individual's ability to perform a job or in otherwise making employment decisions. About that
individual. , , ■*■■'.; ■„ '.;..;,'', .,■■,•(
■■■ (c) Nothing in this chapter shall be construed as prohibiting ari employer of employment
agency from publishing, in print, oh the Internet, or in any other medium, ah adyertisemeiil
for any job vacancy that contains any provision stating that only applicants who are currently
employed by the employer will be considered for employment. , ..... „....,.. .,
(May 31, 2012, D.C. Law 19-132, § 5, 59 DCR 2391.) " ' '' '""' '''"''' ''"' " ;;i! '" i: - " -•■»■■«■'"<■- «
Historical and Statutory Notes , r ; • r> ;
Legislative History of Laws ■'■■.. v- ; ^ ; , :o
For history of Law 19-132, see notes under •■ '■'',>', '■■■':' ,:'.)
§ 32-1361. ...,■■ . :u .. ( ,; : .,-,...- r;; .
§ 32-1365. Oversight.
(a) The District of Columbia Office of Human Rights ("Office") shall receive, review, and
investigate complaints regarding violations of this chapter and shall take appropriate enforce-
ment action regarding the complaints. -.;..■■ , ' :, .'L , ■■ ■ :, ■:■'■)
(b) The Office shall respond to a complaint arising pursuant to this chapter no later than
one month after the complaint is filed. „ 3
(c) The Office shall assess civil penalties in all cases where the Office determines thatian
employer or employment agency has committed a violation of this chapter. :■ . t;K g
(May 31, 2012, D.C. Law 19-132, § 6, 59 DCR 2391.)
Historical and Statutory Notes
Legislative History of Laws . . . ; . •
For history of Law 19-132, see notes under • . ■..■',. • ; ,-..
§ 32-1361. -:..:..
§ 32-1366. Civil penalties.
" (a) An employer or employment agency that the Office finds to have violated this chapter
shall be subject to a civil penalty for a first violation of $i,000 per claimant, $ 5,000 per
claimant for a second violation, and $10,000 per claimant for each subsequent violation, but
not to exceed a total of $20,000 per violation. The Office shall collect the penalty from the
violator and distribute the funds collected among any employee or potential employee who
filed a claim regarding a violation of this chapter. , n
(b) Nothing set forth in this chapter shall be construed as creating, establishing, or
authorizing a private cause of action by an aggrieved person against an employer or
employment agency who has violated, or is alleged to have violated, the provisions of this
chapter.
(May 31, 2012, DC. Law 19-132, § 7, 59 DCR 2391.) . •;,,;; -Lit: g
252
LOCAL BUSINESS AFFAIRS
§ 32-1501
Note 27
Legislative History of Laws
For history of Law 19-132,
§ 32-1361.
Historical and Statutory Notes
see notes under
§ 32-1367. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement
the provisions of this chapter. 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, in whole or in part,
by resolution within this 30-day review period, the proposed rules shall be deemed approved.
(May 31, 2012, D.C.Law 19-132, § 8, 59 DCR 2391.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-132, see notes under
§ 32-1361.
§ 32-1368. Applicability.
This chapter shall apply upon the inclusion of its fiscal effect in an approved budget and:
financial plan.
(May 31, 2012, D.C. Law 19-132, § 9, 59 DCR 2391:)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-132, see notes under
§ 32-1361.
Chapter 15
Workers' Compensation.
Section
32-1501. Definitions.
32-1503. Coverage.
Section
32-1504. Exclusiveness of liability and remedy.
32^-1521. Presumptions.
32-1530. Attorney fees.
§ 32-1501. Definitions.
Notes of Decisions
27. Casual employees
Evidence supported conclusion that an employ-
er/employee relationship existed between sole pro-
prietor and workers' compensation claimant, who
was sole proprietor's brother-in-law, as necessary
for claimant to be eligible for benefits; claimant's
lack of specialized skill or professional service that
he was providing and, that his work was unskilled
made it more likely that claimant was sole propri-
etor's employee, 26-month period of claimant's em-
ployment spanned nearly the entirety of sole pro-
prietor's existence, and pushed the nature of
claimant's relationship with sole proprietor beyond
"casual" to reflect more of an employer/employee
relationship, and even if claimant's work was inter-
mittent, this did not preclude the existence, of an
employer/employee relationship. Reyes v. District
of Columbia Dept. of Employment Services, 2012,
48 A.3d 159. Workers' Compensation @=> 1459
253
§ 32-1503
d.c, official, mmi
§ 32-1503. Coverage.
Employment relationship 9.5
Notes of Decisions
9.5. Employment relationship
Evidence supported conclusion that an employ-
er/employee relationship existed between sole pro-
prietor and workers' compensation claimant, who
was sole proprietor's brother-in-law, as necessary
for claimant to be eligible for benefits; claimant's
lack of specialized skill or professional service that
he was providing and, that his work was unskilled
■ ■ ■> : . i ' ■ ■■■ ■■■; tatiigsil
. • ,-' ii ■£!)''!
made it more likely that claimant was sole 'propri-i
etor's employee, 26-month period of claimant's em-
ployment spanned nearly the entirety of sole pro§
prietor's existence, and pushed the nature of
claimant's relationship with sole proprietor beyond
"casual" to reflect more of an employer/employee)
relationship, and even if claimant's work was inter;-;
mittent, this did not preclude, the existence of an,
employer/employee relationship; . Reyes y,i District^
of Columbia Dept. of Employment Services, 2012,
48 A.3d 159.' Workers* Compensation^'' 1459-
§ 32-1504. Exclusiveness of liability arid remedy^
Notes of Decisions J,;i
m
■J;.iv-..J
11. Actions against third persons
Claim by producer of software for monitoring
traffic flow, that it was entitled to equitable indem-
nification from Washington Metrcipolitan •• Area
Transit Authority (WMATA) in connection with
claims arising from train collision, was barred by
exclusivity provision of District of Columbia Work-
ers' Compensation Act; WMATA's duty of proper
use and care of software producer's product ex- '
tended only to its employees, not to software pro-
ducer, and, thus, relationship between software
producer and WMATA involved one-time sale* of
equipment with follow-up service, rather than on-
' going and comprehensive contractual relationship^
involving day-to-day interaction and decisi6rimak- ;
,ing. In re Fort Totten Metrorail Cases Arising)
Out of the Events of June 22, 2009, 2011, '808
P.Supp.2d 154. Workers' Compensation <^
2142.20
§ 32-1521. Presumptions.
•)KI
Notes of Decisions
5. Causal connection, claims coming
within the provisions of chapter ;
To benefit from the statutory presumption that a
private sector workers' compensation claim comes;
within the Workers' Compensation Act, the; em-;
ployee need only show some evidence Of a disabili-,
ty and a work-related event or activity which has;
the potential of resulting in or contributing to the
disability; such a showing effectuates the presump-
§ 32-1530. Attorney fees.
tion, which operates to establish a causal connec-
tion between the disability and the work-related
event, activity, or requirement, and shifts the bur-
den of production to the employer to produce
substantial evidence demonstrating that the dis-'
ability did not arise out of and in the course off
employment. Hensley v. District off Columbia:
Dept. of Employment Services, 2012, 2012 WL
3508932. Workers' Compensation ©=> 1359; Work-
ers' Compensation ©=> 1362
Notes of Decisions
Dismissal 6
6. Dismissal
Dismissal of employer's application for formal
hearing to challenge Office of Workers' Compensa-
tion's (OWC's) informal recommendation for con-
tinuation of disability benefits, after employer filed
consent motion to withdraw the application due to
resolution of contested issues, was not ."award of
compensation" that was greater than amount paid^
or tendered by employer, as condition precedent to.
award of attorney fees to claimant; dismissal order,
did not reach merits of parties' contested issues,
but was procedural mechanism undertaken by.
agency in light of parties' voluntary resolution of .
claim. Fluellyn v. District of Columbia Dept. Of
Employment Services, 2012, 2012 WL 2504914?
Workers' Compensation @=> 1980.13
254
LOCAL BUSINESS AFFAIRS § 34-1802
TITLE 34
PUBLIC UTILITIES.
SUBTITLE III. ELECTRICITY.
Chapter Section
15. Retail Electric Competition and Consumer Protection 34^-1 506
SUBTITLE V. TELECOMMUNICATIONS.
18. Emergency and Non-Emergency Number Telephone System Assessments
Fund 34-1802
SUBTITLE VI. WATER AND SEWER.
24. Water Supply, Assessments, and Rates 34-2407.01
SUBTITLE III
ELECTRICITY.
Chapter 15
Retail Electric Competition and Consumer Protection.
Section
34-1506. Duties of the electric company
§ 34-1506. Duties of the electric company
Historical and Statutory Notes
Emergency Act Amendments 2012 (D.C. Act 19-392, July 13, 2012, 59 DCR
For temporary (90 day) addition, see § 2 of the 8503).
Heat Wave Safety Emergency Amendment Act of
SUBTITLE V
TELECOMMUNICATIONS.
Chapter 18
Emergency and Non-Emergency Number Telephone
System Assessments Fund.
Section Section
34-1802. Emergency and Non-Emergency Num- 34-1803. ■ Assessments,
ber Telephone Calling Systems Fund.
§ 34-1802. Emergency and Non-Emergency Number Telephone Calling Sys-
tems Fund.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 3042(a) of Fiscal Year 2013 Budget Support
see § 3042(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).
255
§ 3&-1803 H. :. DIG; OFFICIAL [CODE
§ 34-1803. Assessments.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of section, see
For temporary (90 day) addition of section* see § 3042(b) of Fiscal Year 2013 Budget Support
§ 3042(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 201-2
Emergency Act of 2012 (D.C. Act 19-383, June 19, (d.C. Act 19-413, July 25, 2012,- 59 DCR 929$
2012, 59 DCR 7764). , .. ' _/" " ' ""'"
... WATER AND SEWER. r , . „, _
Chapter 24
Water Supply, Assessments, and Rates.
Subchapter IV. Discontinuance of Service. Section
<*: . i '<.,-<% 34^-2407.02. Lien for water charges.
Section
34-2407.01. Discontinuance of Water service for ■ • rri -- ;?.• r° • f t
' ] ' M •■■ failure to pay water charges. iJllLj!; fl^il^I^^'i^-i' '^"lU^u:. li-.,;.,^
Subchapter IV. Discontinuance of Service.
§ 34-2407.01. Discontinuance of water service for failure to pay water charges*
Notes of Decisions
li";;Iri general .?: ■>;, : pay amounts that had been overdue for more than
The obligation to pay fees owed to the Water 60 davs ; governing statute focused on, the owner of
and Sewer' Authority (WASA) resided with owner ** P^Pf? "f% e ™** services were rendered
„ , . , . ,. J v , ' j. r -i j x and not the individual tenant who received the bill,
of apartment building when tenants faded to pay ^ cedures for tenant billing were a compli .
their water bills, though owner had installed water ment for an ovmer < s ultimate obligation. Euclid
meters in each apartment and WASA had been Street, LLC v. District of Columbia Water and
billing tenants directly, and WASA was (authorized Sewer Authority, 2012, 41 A.3d 453. Water Law
to file a lien on the building when owner refused to ®=» 2138; Water Law ®=» 2233
§ 34-2407.02. Lien for water chalrges.
Notes of Decisions
■mn
2.5. Persons liable ' pay amounts" that had been overdue for more than
The obligation to pay fees Owed to the Water 60 da y s : governing statute focused on the owner of
and Sewer Authority (WASA) resided. with owner ** ^°^. ^ er , e ?f er ™ es we . re , re " d ^ d
„ , . , .,,. v ,.' . . ., ,■.,. andnot the individual tenant who received the bill j
of apartment building when tenants failed to pay and proeedures m tenant billing were a compli-
their water bills, though owner had installed water ment for M owne r's ultimate obligation. Euclid
meters in each apartment and WASA had been Street, LLC v. District of Columbia Water and
billing tenants directly, and WASA was authorized Sewer Authority, 2012, 41 A3d 453. Water Law
to: file allien on the; building when owner refused to -§=»2i38;: Water Law <^»2233: ■•.;.■ ••'; ••;
^ITLE 36
,l l"]:: Z"z . ■":;..':: : V; y ''. trade practices. ■ • ^ ■:"■-/
Chapter, Section
3. Retail Service Stations. .........!.. ! . ; .... 36-303.01
256
LOCAL BUSINESS AFFAIRS
§ 36-304.12
Expired
Chapter 3
Retail Service Stations.
Subchapter III. Marketing Agreements.
Section
36-303.01. Nonwaiverable conditions; conditions
affecting marketing agreements.
Subchapter IV-A. Franchisee Purchase
Rights. [Expired]
36-304.11. Definitions. [Expired]
Section
36-304.12. Franchisee's right of first refusal.
[Expired]
Subchapter III. Marketing Agreements.
§ 36-303.01. Nonwaiverable conditions; conditions affecting marketing agree-
ments.
Notes of Decisions
1. In general
District of Columbia law requiring gas station
franchise agreements to be in writing and for a
minimum term of one year, did not change the
prerequisites for a successful claim under the Pe-
troleum Marketing Practices Act (PMPA). Me-
troil, Inc. v. ExxonMobil Oil Corp., 2010, 724
F.Supp.2d 70, adhered to on reconsideration 2010
WL 7505713, affirmed 672 F.3d 1108, 400 U.S.App.
D.C. 43. Antitrust And Trade Regulation «=>
270(4)
Subchapter IV-A. Franchisee Purchase Rights. [Expired]
§ 36-304.11. Definitions. [Expired]
Notes of Decisions
1. Retroactive application
District of Columbia Retail Service Station
Amendment Act (RSSA), which restricted assign-
ment of gas station franchise agreements, did not
apply retroactively to franchisor's assignment of
gas station franchise and sale of station property,
which occurred prior to date RSSA became law;
RSSA did not contain express retroactivity lan-
guage and was devoid of any clear implication that
it was intended to apply retroactively, and retroac-
tive application of RSSA was disfavored in District
of Columbia, given that it imposed new duty on
franchisors to offer franchisees right of first refus-
al. Metroil, Inc. v. ExxonMobil Oil Corp.,
C.A.D.C.2012, 672 F.3d 1108, 400 U.S.App.D.C. 43.
Antitrust and Trade Regulation <s=> 130
District of Columbia Retail Service Station
Amendment Act (RSSA), which restricted the as-
signment of gas station franchise agreements, did
not apply retroactively to franchisor's assignment
of gas station franchise and sale of station proper-
ty, which occurred prior to date RSSA became law;
RSSA contained no express retroactivity language
and was devoid of any clear implication that it was
intended to apply retroactively, and retroactive
application of RSSA was disfavored in the District
of Columbia, given that it imposed new duty on
franchisors to offer franchisees a right of first
refusal. Metroil, Inc. v. ExxonMobil Oil Corp.,
2010, 724 F.Supp.2d 70, adhered to on reconsidera-
tion 2010 WL 7505713, affirmed 672 F.3d 1108, 400
U.SApp.D.C. 43. Antitrust And Trade Regulation
©=130
§ 36-304.12. Franchisee's right of first refusal. [Expired]
Notes of Decisions
1. Retroactive application
New legal consequences would have attached
to events completed before effective date of Dis-
trict of Columbia Retail Service Station Amend-
ment Act (RSSA), which restricted assignment of
gas station franchise agreements, and thus pre-
sumption against retroactivity applied absent
clear showing that' Council intended retroactive
application, since RSSA could impose damages on
franchisors for already completed commercial
transactions and it also might require franchisors
to unwind completed transactions. Metroil, Inc.
257
§36^304.12 D.C. OrriCIALLCDDE
Expired
v. ExxonMobil Oil Corp., C.A.D.C.2012, 672 F.3d
1108, 400 U.S.App.D.C. 43. Antitrust and Trade
Regulation ®=> 130; Statutes <s=> 278.33
, .TITLE 37 ■ •;>:■ ..-^«
WEIGHTS, MEASURES, AND MARKETS. .:.7'?S
Chapter Section
1A. Vending Regulation. . ..;.;V. ......;.. : .:>..:. '.:■■'•■,-. 37-131.01
2. Weights, Measures, and Markets Generally 37-205.01
Chapter 1A
Vending Regulation; ' fa
-Section;'' •■■"■ - ::■< ".,-, • . . ■ ■ , h'. ■ o';> ;; ;jSecti6.ii"«v& ^Af:y'-0' ?"';■'%? ^y^ ;i- f ' ,'■■ : '.', ■■!''■', §
37-131.01. Definitions. 37-131.03. Vendingjocations.
37-131.04. Assignment of vending locations.
§37-431.01. Definitions/ . '..,,„,.•• ,..;.:•... ^"'^"i,/
Historical and Statutory Notes , n ,1
Temporary Amendments of Section "(2A) 'Underserved area' means a historically
Section 2(a) of D.C. Law 19-144 added pars, underutilized business zone, as defined by 'section.
(1A) and (2A) to read as follows: 3(p)(l) of the Small Business Act, approved July
"(1A) 'Healthy food vendor' means a vendor that 18, 1958 (72 Stat. 384;, 15 U.S.C. § 632(p)(l)).".
sells only unprocessed, unfrozen, whole, raw^fruits g tion 5(b) of D c L 19 _ m ^ ftat
and vegetables that have not been combined with ,, , , ,/ . ._ „„_ , ..,"..,..._
other ingredients; provided, that the Mayor, by &? act shaU e *V™ "** 225 davs rof *-iW
rule, may expand this definition to include other taken effect.
healthy food items.". '.'.,,
,■ - ; . ,':T':;r. ': . ; ;-.:;iVjtoJ!I .8
§ 37-131.03. Vending locations. ;,; i;iri
■'..■■..'■ ■■•■ 'lihiriHiA
Historical and Statutory Notes ■■< Mvmi
v! "-",
Temporary Amendments of Section the National Mall shall not be included in this
Section 2(b) of D.C. Law 19-144, in subsec. (c), limitation". '■. ./
substituted V'ovide-d that vending locations on g ; n g(b) f D Q L w #_ m ovi(Jes that
the National Mall and healthy food vendors located ,, . , „ . ■* „„ c , "„-.-. i. ■■ ■
in underserved areas shall not be included in this th f_ act sha11 ex P ae after 225 da y s of lts havln S
limitation" for "provided, that vending locations on taken effect.
37-131.04. Assignment of vending locations.
Historical and Statutory Notes
Temporary Amendments of Section served areas; provided, that if a vendor receiving
Section 2(c) of D.C. Law 19-144 added subsec. a vending site permit ceases- to be a healthy fogd
(b-1) to read as follows: vendor, the Mayor shall revoke the permit. ".
"(b-1) Notwithstanding subsection (b) of this Section 5(b) of D.C. Law 19-144 provides that
section, the Mayor may issue up to 15 vending site the act shall expire after 225 days of its, having
permits to healthy food vendors located in under- taken effect. ,?,;-!
■ '" ' ■' ■ ■".■'■.;.. ■:.•''•■'.':■■..'■< : -i ■■( ;'.'■.■ , ;.(i j'li'it
258'
LOCAL BUSINESS AFFAIRS § 37-205.01
Chapter 2
Weights, Measures, and Markets Generally.
Subchapter III. Markets Generally.
Section
37-205.01. Supervision of municipal fish market.
Subchapter III. Markets Generally.
§ 37-205.01. Supervision of municipal fish market.
The Mayor of the District of Columbia is authorized and directed in the . name of the
District of Columbia to exclusively control, regulate, and operate as a market and for such
other uses as the Mayor determines to be appropriate, the water frontage on the Potomac
Eiver lying south of Water Street, between 11th and 12th Streets, including the buildings and
wharves thereon; and said Mayor shall have power to make leases, fix and determine rentals,
wharfage and dockage fees, and to collect and pay the same into the treasury of the United
States to the credit of the General Fund of the District of Columbia; and said Mayor to make
and amend, from time to time, all such regulations as it may deem proper for the control,
regulation, and operation of said market.
(Mai-. 19, 1906, 34 Stat. 72, eh. 958; Mar. 4, 1913, 37 Stat 941, ch. 150; Feb. 22, 1921, 41 Stat. 1144, ch. 70,
§ 7; June 28, 1944, 58 Stat. 533, ch. 300, § 18; May 2, 2002, D.C. Law 14-116, § 5, 49 DCR 1945; July 9,
2012, 126 Stat. 990, Pub. L. 112-143, § 2.)
Historical and Statutory Notes
Effect of Amendments wharf shall constitute the sole wharf for the land-
Pub. L. 112-143 substituted "operate as a mar- ing of fish and oysters for sale in the District of
ket and for such other uses as the Mayor deter- Columbia" following "thereon"; and substituted
mines to be appropriate" for "operate as a munici- "operation of said market" for "operation of said
pal fish wharf and market"; deleted ", and said municipal fish wharf and market".
259
DIVISION VI ■■- Y:>.'vV
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS. ;
TITLE 38 .:■ -..,,,'.,,•,.... ,,".' '\
EDUCATIONAL INSTITUTIONS.
SUBTITLE I. PUBLIC EDUCATION-PRIMARY AND SECONDARY.
Chapter Section
■ 1. Public School System .. .38-102
iA. District of Columbia Public Schools ..:,..'....;......... . 38-171
2. Compulsory School Attendance and Expulsion ...;■..:...... ... 38-201
3. Residency Requirement and Nonresident Tuition. . . . ,38-312
7B. Education Preparedness. . ; 38-751 .01
8A. Healthy Schools ....... .38-821.02
SUBTITLE II. PUBLIC EDUCATION— ADULT AND COMMUNITY.
1.0; Fees for Select Adult, Community, and Continuing Education Courses 38-1003
SUBTITLE III. PUBLIC EDUCATION— POST SECONDARY.
12. Public Postsecondary Education Reorganization 38-1202.01
SUBTITLE IV. PUBLIC EDUCATION— CHARTER SCHOOLS •■.,.,.,
18. District of Columbia School Reform (Public Charter Schools). ........ . . . . 38-1 802.14
SUBTITLE VIII. STATE LEVEL AGENCIES.' ''
26. Office of the State Superintendent of Education 38-2602
SUBTITLE X. SCHOOL FUNDING.
29. Uniform Per Student Funding Formula 38-2903
SUBTITLE I
PUBLIC EDUCATION-PRIMARY AND SECONDARY.
Chapter 1
Public School System.
Subchapter I. General.
Section
3&-102. General policies; expenditures; appoint-
ment of employees.
Subchapter I. General.
§ 38-102. General policies; expenditures; appointment of employees.
Historical and Statutory Notes
Emergency Act Amendments Emergency Act of 2012 (D.C. Act 19-395, July 18,
For temporary (90 day) addition, see § 2 of the 2012, 59 DCR 8703).
District of Columbia Public Schools Partnership
260
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-201
Chapter 1A
District of Columbia Public Schools.
Section
38-171. District of Columbia Public Schools agen-
cy; establishment.
§ 38-171. District of Columbia Public Schools agency; establishment.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of section, see
For temporary (90 day) addition of section, see § 4003 of Fiscal Year 2013 Budget Support Con-
§ 4003 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). ' \ ,, .
For temnorarv (90 dav) addition of section see For tem P orar y ( 90 da ^ addition of section, see
§ 4082 of Fiscal Year 2013 Budget Support Emer- § 4082 of , Fiscal Year 2013 Bud S et S "PP°? 5°""
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).
Chapter 2
Compulsory School Attendance and Expulsion.
Subchapter I. School Attendance. Section
38-203. Enforcement; penalties.
Section
38-201. Definitions.
Subchapter I. School Attendance.
§ 38-201. Definitions.
For the purposes of this subchapter, the term:
(1) "Board" means the District of Columbia Board of Education.
(2) "District" means the District of Columbia.
(3) "Minor" means a person who has not reached 18 years of age, pursuant to § 46-101.
(3A) "School-based student support team" means a team formed to support the individu-
al student by developing and implementing action plans and strategies that are school-
based or community-based, depending on the availability, to enhance the student's success
with services, incentives, intervention strategies, and consequences for dealing with absen-
teeism.
(4) "School year" means the period from the opening of regular school programs,
typically in September, until the closing of regular school programs, typically in June.
(Feb. 4, 1925, ch. 140, Art. I, § 1, as added Mar. 8, 1991, D.C. Law 8-247, § 2(a), 38 DCR 376; Oct. 26,
2010, D.C. Law 18-242, § 3(a), 57 DCR 7555; June 7, 2012, D.C. Law 19-141, § 302(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 par. (3A). was adopted on first and second readings on
T . , „ „. A „ T March 6, 2012, and March 20, 2012, respectively.
Legislative History of Laws Signed by the Mayor on April 10) m2> 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.
261
§38-203 DC. OFFICIAIAOODE
§ 38-203. Enforcement; penalties.
(a) An accurate daily record of the attendance of all minors covered by § 38-202 and this
section shall be kept by the teachers of each public, independent, private, or parochial school
and by every teacher who gives instruction privately. These records shall be open for
inspection at all times by the Board, the Superintendent of Schools, school attendance;
officers, or other persons authorized to enforce this subchapter.
(b) It shall be the duty of each principal, head teacher, or school administrative officer as
designated in each public, independent, private, or parochial school, and of each teacher who
gives private instruction to report to the Board the school attendance of any minor cpver"ed;by
§ 38-202(a) who is enrolled in a school or who is enrolled for private instruction and who is
absent from school or instruction for more than 2 full-day sessions or 4 half-day sessions in
any school month, along with a statement of the reasons for the absences. ,» , . .,. ,,j
(c) The absence of a minor covered by § 38-202(a) without valid excuse shall be unlawful.
(d) The parent, guardian, or other person who has custody or control of a minor covered by
§ 38-202(a) who is absent from school without a valid excuse shall be guilty of a misdemeanr-;
or. .;. -. - - ■ ,-,■:.,. .\ : v is . , .■■-.:■: .(.-.■ ■■ ■< <•■•;
(e) Any person convicted of failure to keep a minor ) in: regular attendance in a public,
independent, .private, or parochial, school,; -or failure to provide regular private . instruction
acceptable to the Board may be fined not less than $100 or imprisoned for not more than 5
days, or both for each offense. , [a , .,,, N
(f) Each unlawful absence of a minor for 2 full-day sessions or for 4 half-day sessions
during a school month shall constitute a separate offense., ','.: ,-. (V
(g) For the 1st offense, upon payment of costs, the sentence may be suspended and the
defendant may be placed on probation. ■""' jt '
(h) For any person convicted under this section, the courts shall consider requiring the'
offender to perform community service as an alternative to fine or imprisonment or -both:
(i) Within 60 days after the end of a school year, each public, independent, private, or
parochial school shall report to the Mayor, or the Mayor's designee, and make publicly
available, the following data based on the preceding school year:
(A) The number of minors, categorized by grade, or equivalent grouping for ungraded
schools, who had unexcused absences for:
(i) One to 5 days; •' '. "■'''"'
(ii) Six to 10 days; > . ' : i
(iii) Eleven to 20 days; and "')
....'J 1 (iv) Twenty-one or more days; ^ . ' ;>)
(A-i) The work of the school-based student support teams in reducing unexcused
: absences, including - ■'■- "<,■• ■^'■•-mijz fcs
• ] (i) The number of students who were 1 referred to a schodl-base'd f 'student -'support
■ team; ■ ■ * ■■'-<':■>■ \ ... '.'-. "^ r ^iViufnm ,; visto;; riJiw
(ii) The number of students who met with a school-based student support teaM; 1 1
'."■' i ■.>!. ': ■'■■■■" '''I'-'m-t »-■ . ( f'..' B 'ji-'; ,M (J:.)
(iii) A summary of the action plans and strategies implemented' by the !school-jpased
student support team to eliminate or ameliorate unexcused absences; arid • "
(iv) A summary of the services utilized by students to reduce unexcused . 'abs.eii'ce"a|? ( ' )C ,
(v) A summary of the common barriers to implementing the recommendations of the
school-based student support team;
(B) The number of minors, categorized by grade, or equivalent grouping for ungraded
schools, that the school reported to the Child and Family Services Agency pursuant H'o
' § 4-1321.02(a-l) and (a-2); .'■>'
(B-i) The number of minors categorized by grade, or equivalent grouping for ungrad 1
ed schools, that the school referred to the Court Social Services Division of the Family
Court of the Superior Court of the District of Columbia for truancy; and.
(C) The policy on absences, including defined categories of valid excuses, that it used:
262
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38^-312.01
(j) By, August 1, 2012, the Mayor shall develop, through rulemaking, appropriate enforce-
ment mechanisms to ensure that each school, principal, and teacher is in full compliance with
the requirements of this subchapter and any regulations issued pursuant to this subchapter.
(Feb. 4, 1925, 43 Stat. 806, ch. 140, Art. I, §§ 5-7; renumbered as Art. II, § 2 and amended, Mar. 8, 1991,
D.C. Law 8-247, § 2(a), 38 DCR 376; Oct. 26, 2010, D.C. Law 18-242, § 3(b), 57 DCR 7555; June 7, 2012,
D.C. Law 19-141, § 302(b), 59 DCR 3083.)
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-141 added subsecs. (i)(A-ii), (B-i), For history of Law 19-141, see notes under
and 0). § 38-203.-
Chapter 3
Residency Requirement and Nonresident Tuition.
Section Section
38-312. False information; penalty. 38-312.03. Report on the status of residency
38-312.01. False information hotline. fraud investigations, levying and
38-312.02. Student Residency Verification Fund. collection of fines, and retroactive
tuition.
§ 38-312. False information; penalty.
The fact that a parent or caregiver of a student has provided satisfactory evidence of
residency or other primary caregiver status pursuant to this chapter shall not prevent a
principal or other school administrator, a chartering authority, or the Office of the State
Superintendent of Education from establishing by information and other evidence that a
student or the student's parent or primary caregiver is not in fact a District of Columbia
resident or an other primary caregiver. Any person, including any District of Columbia
public schools or public charter school official, who knowingly supplies false information to a
public official in connection with student residency verification shall be subject to charges of
tuition retroactively, and payment of a fine of not more than $2, 000 or imprisonment for not
more than 90 days, but not both a fine and imprisonment. The case of a person who knowing
supplies false information may be referred by the Office of the State Superintendent of
Education to the Office of the Attorney General for consideration for prosecution.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 15, as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51
DCR 8441; May 9, 2012, D.C. Law 19-126, § 2(a), 59 DCR 1939.)
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 19-126, see § 7012 of Fiscal Year 2013
D.C. Law 19-126, see § 7012 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).
§ 38-312.01. False information hotline.
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 19-126, see § 7012 of Fiscal Year 2013
D.C. Law 19-126, see § 7012 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).
263
§ 38-312.02
DC. OFFICIAL CODE
§ 38-312.02. Student Residency Verification Fund.
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) repeal of section 3 of
D.C. Law 19-126, see § 7012 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) repeal of section 3 of
D.C. Law 19-126, see § 7012 of Fiscal Year 2013
Budget Support Congressional Review Emergency
Act of 2012 (D.C. Act 1&-413, July 25, 2012, 59
DCR 9290).
§ 38-312.03* Report on the status of residency fraud investigations, levying
and collection of fines, and retroactive tuition. '
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) repeal of section 3 of '•
D.C. Law 19-126, see § 7012 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) repeal of section 3 of
D.C. Law 19-126, see § 7012 of JEiscal Year 2013
Budget Support Congressional Review Emergency
Act of 2012 (D.C. Act 19-413, July 25, 2012; .59
DCR 9290). , ■■;
Chapter 7B
Education Preparedness.
v , . Subchapter I. Early Warning
and Support System.
Section
38-751.01. Short title. :
38-.751.02. Definitions.
38-751.03. Pilot early warning and support sys-
tem.
38-751.04. Survey.
38-751.05. Report.
Subchapter II. Post-Secondary
Preparation Plan. .,;
38-752.01. Short title. '"'''"'"
38-752.02. Definitions. :.,.••' -,,'■■■•
38-752.03. Post-secondary preparation plan* ',''!■.
Subchapter III. Highly Effective
Teacher Incentive. <":J<,. i!l
38-753.01, Short title. .' ' '.
38-753.02. Definitions. '. '.'
38-753.03. Pilot incentive program.
38-753.04. Report.
38-753.05. Sunset.
Section i
Subchapter IV. Community Schools Incentive.
38-754.01. 'Short title. j
38-754.02. Definitions. ; ' /
38-754.03. Administration of Community Schools
Incentive Initiative. /i
38-754.04. Establishment of Community School
Fund,. ';■''■:■; ■■/■.-.i.i
... A'' ■'.; .v.".- :!«.[ = '£(!
Subchapter V. Early Childhood Education. ia
.38-755.01. Short title. ''""'■', '.' " •■ ,' .. ".''■,' ',!"' 'll^T
'■■L, ■__■ U . _i_ ■ :..' \ '■ ' i't ' ',',.; ]' i.i-.'i i.M li Jj.j Sill VI
38-755.02. Definitions.
'38-755.03. Requirements arid goals.' Tit;? / .}<[•■>'-:>
:> 38-755.04. ■. Trackingand monitoring*: ; t W >'. 'A')( I
; Subchapter VI. Rulemaking.
38-756.01. Rules.
i')mk I'sA v-jirajsTMnM
Subchapter Vll. Applicability. • • ) ^
38-757.01. Applicability. : ;i : ' ; ! '
Subchapter I. Early Warning and Support System.
§ 38-751.0L Short title. >
This subchapter may be cited as the "Early Warning and Support System Act of 201?".
'(Jurie 19, 2012, D.C. Law 19-142, § 101, 59 DCR 3642.) ■■'.';, ";[ '"' '"■;■;'■'
264
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-751.03
Historical and Statutory Notes
Legislative History of Laws on March 6, 2012, and March 20, 2012, respective-
Law 19-142, the "Raising the Expectations for ly. Signed by the Mayor on April 20, 2012, it was
Education Outcomes Omnibus Act of 2012", was assigned Act No. 19-345 and transmitted to both
introduced in Council and assigned Bill No. 19-648, Houses of Congress for its review. D.C. Law
which was referred to the Committee of the Whole. 19-142 became effective on June 19, 2012.
The Bill was adopted on first and second readings
§ 38-751.02. Definitions.
For the purposes of this subchapter, the term:
(1) "DC-BAS" means the DC Benchmark System.
(2) "DC-CAS" means the District of Columbia Comprehensive Assessment System
examination.
(3) "Feeder school group" means one or more schools serving students in grades 4
through 9. Feeder school groups shall be selected by the Mayor and may consist of any of
the following:
(A) An elementary school, middle school, and a high school in the same feeder pattern;
(B) An education campus and high school in the same feeder pattern; or
(C)' One school that serves students in grades 4 through 9.
(4) "Low-performing school" means a public school or public charter school in which
fewer than 40% of students performed proficient or higher on the 2011 DC-GAS.
(5) "Mid-high-performing school" means a public school or public charter school in
which 40% or more of students performed proficient or higher on the 2011 DC-CAS.
(June 19, 2012, D.C. Law 19-142, § 102, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-751.03. Pilot early warning and support system.
(a)(1) There is established a pilot early warning and support system ("early warning and
support system") to track how individual students in grades 4 through 9 in 4 feeder school
groups are performing on certain indicators of high school and college readiness. The early
warning and support system shall identify students who are at risk of leaving school prior to
graduation and develop initiatives to support high school and college readiness and increase
high school graduation rates. The initiatives may include:
(A) College and career awareness;
(B) Parent outreach and engagement;
(C) Tutoring and mentoring for struggling learners, including the use of technology-
based programs;
(D) Transition programs for middle and high school (particularly grades 5 and 8);
(E) Individualized learning plans; and
(F) Data coaches.
(2) Two feeder school groups shall be comprised of mid-high-performing schools and 2
feeder school groups shall be comprised of low-performing schools.
(b) The data collected shall include for each student in grades 4 through 9 in a feeder
school group:
(1) The results of all standardized assessments, including the DC-CAS and DC-BAS;
(2) Measures of behavior and attendance; and
(3) Performance measures for math and English courses, including, at a minimum, mid-
year and end-of-course grades.
(c) The Mayor shall implement the early warning and support system in 4 feeder school
groups and may give priority to schools in which high school and college readiness initiatives
developed pursuant to subsection (a)(1) of this section are in place.
265
§ 38-751.03 D.C. OFFICIAL fCLQDJH
(d)(1) Schools within each feeder school group are required to collaborate with each other
and with the Mayor's office to ensure alignment of data collection. hKa'ij
(2) Individual student data collected through the early warning and support system shall
be shared with participating feeder school groups and summarized data shall be sharerP
with the public. -■' 1 °7}" i
(e) The participating feeder school groups shall have access to additional funding that shaUr
support new and existing initiatives to increase high school and college readiness and to
increase high school graduation rates. , .,■■■■ v ■..;>£.' a
(f) Funding shall be prioritized for low-performing schools. , c ... , , ; _... , ...,
(June 19, 2012, D.C. Law 19-142, § 103, 59 DCR 3642.) ""\ ,"''..
, , j ' ■■ i vn ,
■ Historical and Statutory Notes"
Legislative History of Laws
For history of Law 19-142, see notes under
§'38-751.01. ■' • ' ' ■" ' "" •' : -- ; '
§'38-751.04. Survey. .•/; ; .'..''. '■. .'■[
The Mayor shall survey a sample of schools to identify existing initiatives used to support
high school and college readiness and increase graduation rates. Results of the survey. shall
be submitted to the Council within 90 days of June 19, 2012., . ,■■;<;■'//.■»
(June 19, 2012, D.C. Law 19-142, § 104, 59 DCR 3642.) ':...>'; , v bi., ! r CA)
.'•' .. ''■■■'.■.. '?. i ■/■. . ". i s .>{'<!■ ibirfw
Historical and Statutory Notes ,,
Legislative History of Laws
For history of Law 19-142, see notes under f ■',
§ 38-751.01.
-■ ■ n
■■■■ }\
■ -tVV-
■ i
"ii : mos: p.i '>iT.r?r,;
"■.I •fo' 1 I
§ 38-751.05. Report.
(a) The Mayor shall create a report that shall include: . . , .„ ,„, ,
(1) School-level data collected through the early warning and support system for each
participating feeder school group; ',. ',, .".,..,,
(2) Recommendations highlighting best practices to improve high school and college -
readiness and increase high school graduation rates among all schools, including the feeder/
school groups; and
(3) A plan to expand the early warning and support system to all schools within 3 years
of June 19, 2012. - :*,;
(b) The report shall be submitted to the Council one year after implementation of this
subcha P ter - " "' ' i; :' J " " <;; '' , : lmh»Li
(June 19, 2012; D.C. Law 19-142, § 105, 59 DCR 3642.) s -,JK ; ;m "siti - ■■>■.•• ;\r«; <i»i , : -uTfs-fT (<I)
"i.."; ;'iii'j':'q ','-..; "un.'.wl irwHiiSf'u/ibjrl CA)
Historical and Statutory Notes , /i' »;;)');;; ;«f ( r f)
Legislative History of Laws * ;• "" " V" '. „
For history of Law 19-142, see notes under . , . , ,. ,„, , ,.
§38-75101 '■..■■',..■'-■..■!' 'i. >")■')!« i!.",n;i ivmouo') ;.;<:;:) (Mil (d)
raro'ig IooiI'jk
, ;,-;■ ■" ■'••'■ ; r „ ; " -' „ ■ .";:!itsI!^o;iJ[o;i'rroi!T (I)
Subchapter II. Post-Secondary Preparation Plan. ,,.. .,„„ -> km
,,.-.■ ,- . ■' ,■.■:.; ' • : : -i^r ;■ o>Vj W
§38-752.01. Short title. a „ 7
This subchapter may be cited as the "Post-Secondary Preparation Plan Act of 2012". ' ' (
(June 19, 2012, D.C. Law 19-142, § 201, 59 DCR 3642.) : ; .. ,;.!)v)f>
266
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-752.03
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-752.02. Definitions.
For the purposes of this subchapter, the term:
(1) "Post-secondary institution" means an entity that awards an academic degree or
professional certification, which may include a:
(A) University;
(B) College;
(C) Seminary;
(D) Vocational school;
(E) Trade school; or
(F) The military.
(2) "Public high school" means a public school or public charter school that provides
instruction for students in the 9th through 12th grades.
(June 19, 2012, D.C. Law 19-142, § 202, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-752.03. Post-secondary preparation plan.
(a)(1) Beginning with the graduating class of 2014, the Mayor shall ensure that each public
high school student applies to at least one post-secondary institution before graduation.
(2) The Mayor shall ensure that each public high school student participates in a
program designed to provide students with information on applying to an appropriate post-
secondary institution, including information on financial aid and other resources necessary
to streamline a transition to a post-secondary institution. The program may include school-
based and non-school-based resources.
(b) The Mayor shall issue a report that details the number of students that attend a post-
secondary institution, including the number of students who attend each type, including:
(1) Universities;
(2) Colleges;
(3) Vocational schools; and
(4) Other post-secondary institutions.
(c) Beginning with the graduating class of 2014, the Mayor shall require that each student
attending public high school takes the SAT or the American College Testing program before
graduation.
(d) The Mayor may exempt a student from the requirements of subsections (a)(1) and (c) of
this section, if the Mayor determines that it would constitute an undue hardship on the
student.
(June 19, 2012, D.C. Law 19-142, § 203, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
267
§38-753.01 , DC OFFICIAL CODM
Subchapter III. Highly Effective Teacher Incentive.
§38-753.01. Short title. ol
This subchapter may be cited as the "Highly Effective Teacher Incentive Act of 2012".
(June 19, 2012, D.C. Law 19-142, § 301, 59 DCR 3642.) ,,. ...,,,, !f; g
Historical and Statutory Notes ; v
Legislative History of Laws W ",;.> .)';.' ■ / ■; i ; ■'; : q ''; , . . ■, .■■■.'■ .•.'!'" 'J",
For history of Law 19-142, see notes under:;; ■?:;<;,' } ■'../ ; ■;, ■.■:>' no", "Co-v
§ 58-751.01. ;,,; ; ,/f,; r » <.<0
§ 38-753.02. Definitions. v , * H oi
For the purposes of this subchapter, the term: - :! " :,: ; ■'',; ■' : ' : "' '_"', ';■.' '
(1) "DCPS" means the District of Columbia Public Schools'' estkbiig'hecT by j/38-171.
The term "DCPS" does not include public charter, schools. ,.. /"'' ■■ '- : -"
'(2) "High-need school" means: ' ' ' '" lf s ' "'J ' l!!t , * " , , ' V! ' : '
(A) A DCPS school that has: ' J -'^ *"" ri ;'^ ^ 7 *;"' ;!: '' ''/ " } ! " : ',?"','"" T ,
(i) Been in operation for no fewer than S'year's;"'' ' l; : l,! '' " ■ ' ' ' ! " ; '"'" " iUk ' 1
(ii) A minimum of 200 students^ ... ;., .^ ■■.,.., : rji j, 5 ,, fl . T
(iii) Forty percent or fewer of its students meeting proficiency on the District of 1
Columbia Comprehensive Assessment System examination in both reading and math 1 ; '
and '"'"'' "'"'."" ' ■ '■":' \ _.,/, ; .
(iv) Seventy-five percent or more of its students qualify for free or reduced-price
lunch; or , • ,.-, ..
(B) A public charter school that:" '
(i) Is a tier one or tier 2 school; . ' . ■■'.; 0': ! -\)
(ii) Has been in operation for no fewer than 5 years; and ' . ;I
(iii) Has a minimum of 200 students. . •- ,^\
(3) "Highly effective teacher" means: ; : ., ,.-,
(A) A DCPS teacher who receives a rating of "highly effective" under the DCPS
IMPACT evaluation system; or ■:>■:■■,'.',
(B) A public charter school teacher who receives a rating that meets the highly
effective standard agreed upon by the Mayor and that public charter school.
(June 19, 2012, D.C. Law 19-142, § 302, 59 DCR 3642.) ',!•,.,.
Historical and Statutory Notes ; , ;
Legislative History of Laws > ify
For history of Law 19-142, see notes under ,,'..>.. ., w- •»>
§ 38-751.01. ...■"''' ''."'''
..••is'i'ii'j;;', ). ." '.;" , a ...;.'.o . ..'■,. , J ■ •aiH) (£)
§ 38-753.03. Pilot incentive program. '■■<■'& "'in w-ifib ■>iiA'm:th;r-] a.V; . ,■':-;; ; uijcraijwfl h)
(a)(1) There is established a pilot incentive program' to encourage "highly effectiveteacherp"
to teach in high-need schools for the start of the 2013-2014 school year. " ' '■'
(2) The incentives shall include: '"' ■'■'■ ' i: '' ; '■■''>•<' in'AwA: .!•..;<,%;■ ,;"> Viv-v/w^oT (I>)
(A) A one-time bonus of $10,000; J '" B ;i ' J ™-"- ;i "*' ">'^ ;1 ,J ' ; < !E •'''•' l1 ^;; ""JJ
(B) Homebuyer and other housing assistance, including: ■''""""^
(i) Access to subsidized rental housing units; ' ' (! " !> ; '-' ; ". ^' [ ,; ' " :/ >' - u ; ,""'"■ -- y«til.)
(ii) Forgivable Joans for a down payment of up to 10% of the median home price in
the District; and
(iii) Access to low-interest mortgage loans; ; ,,; . ■ ,-;
(C) An amount of up to $5,000 to be expended on tuition assistance, which mayinclude
reimbursement for specific courses that lead to certification in high-demand subject;
268
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-753.05
areas, such as math and science, and loan-repayment assistance for existing education
loans; and
(D) An amount of up to $3,000 to be used as income tax credits.
(3) The incentives shall not exceed the maximum allowable amounts over the 3-year
period of the pilot program.
(b)(1)(A) The pilot program shall consist of 4 high-need schools. At least one of the schools
shall be a tier one or tier 2 public charter school.
(B) At least 3, but not more than 5, teachers shall be selected for each school of the 4
schools in the pilot program.
(2) The Mayor shall establish a plan to implement the pilot program. The plan shall be
submitted to the Council for review within 90 days of June 19, 2012. The plan shall
include:
(A) A process for teachers to apply to the program;
(B) A process for selecting qualified applicants, which shall include a requirement that
a teacher commit to serving a minimum of 3 years at a high-need school; and
(C) Guidelines for selecting high-need schools, which shall include schools that have:
(i) A proficiency in both reading and math of 40% or below; and
(ii) At least 75% or more of students who qualify for free or reduced-price lunch;
and
(D) Guidelines for selecting highly effective teachers.
(3) For DCPS, highly effective teachers shall be selected according to IMPACT stan-
dards. For public charter schools, the Mayor shall work with each public charter school to
develop the criteria for selecting highly effective teachers.
(June 19, 2012, D.C. Law 19-142, § 303, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history" of Law 19-142, see notes under
§ 38-751.01.
§ 38-753.04. Report.
The Mayor shall provide a report by August 30th of each year in which the pilot program is
in operation, which shall include:
(1) The number of teachers committed to continuing the pilot program for the following
year;
(2) Feedback from the participating teachers regarding implementation of the pilot
program and the incentives;
(3) An assessment of the effectiveness of the pilot program; and
(4) Recommendations for improving the pilot program.
(June 19, 2012, D.C. Law 19-142, § 304, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-753.05. Sunset.
This subchapter shall expire 3 years from June 19, 2012.
(June 19, 2012, D.C. Law 19-142, § 305, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
269
1 10'
'IB
"j
:
iO
..
<i\'K
- ■ '
;.
§38-754.01 j } d.c. officiai/code
Subchapter IV. Community Schools Incentive. .
§ 38-754.01. Short title.
This subchapter may be cited as the ''Community Schools Incentive Act of 2012".
(June 19, 2012, D.C. Law 19-142, § 401, 59 DCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01. ' ■ ; / . • •'
§38-754.02. Definitions.
; For the purposes of this subchapter, the term:
(1) "Community partner" means a provider of one or more eligible services. ' ■
(2) "Community school" means a public "and private partnership to coordinate education-
al, developmental, family, health, and after-school-care programs during school and non-
: school hours for students, families, and .local communities at a public school or public
charter school with the objectives of improving academic achievement, reducing absentee-
ism, building stronger relationships between students, 'parents, and communities, and
improving the skills, capacity ; and well-being of the surrounding community residents.
■ i . ■ (3) "Eligible consortium" means a partnership established between a local education
agency and one or more community partners for purposes of establishing, operating; , and
sustaining a community school. - ,. ^ , n .„ JU -,
(4) "Eligible services" means:
(A) Primary medical and dental care that will be available to students and community
residents; • ,,,|, ,. :[
(B) Mental health prevention and treatment services that will be available to students
and community residents; ' i\ri"-3f: ; ;
(C) Academic-enrichment activities designed to promote a student's cognitive develop-
ment and provide opportunities to practice and apply academic skills; .';'-R£ >i
(D) Programs designed to increase attendance, including reducing early chronic
' absenteeism rates; . nri'l'
(E) Youth development programs designed to promote young people's social, eiriotibfli
: -al, physical, and moral development, including arts, sports, physical fitness,' 'youth
leadership, community service, and service-learning opportunities; , .')ov,
(F) Early childhood education, including Head Start and Early Head Start programs;
(G) Programs designed to: , /M i
(i) Facilitate parental involvement in, and engagement with, their children's 5 edu-
cation, including parental activities that involve supporting, monitoring, and advocating
for their children's education; . ., '>.i' ,;■:.;■ 'v-i onrrfO
(ii) Promote parental leadership in the life of the school; and
(iii) Build parenting skills; ■'■ '■■'■-•'''•■■■ ' •'■ •■■•■;!■-■■■
(H) School-age child-care services, including before-schoohand" after-school services
and full-day programming that operates during school holidays', summers; vacationsjoahd
weekends; .fa :.;!-«« •,!
(I) Programs that provide assistance to students who have been truant, suspended, or
expelled and that offer multiple pathways to high school graduation or General EdUt
cational Development completion; ...... ...,., .....,.> t
(J) Youth and adult job-training services arid career-counseling services;
(K) Nutrition-education services; " "'' .,...:»;
(L) Adult education, including instruction in English as a second language, adult
literacy, computer literacy, financial literacy, and hard-skills training; or
(M) Programs that provide remedial education and enrichment activities. * ; ''
(June 19, 2012, D.C. Law 19-142, § 402, 59 DCR 3642.) ' :.:,:;,;
27.0
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-754.03
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-754.03. Administration of Community Schools Incentive Initiative.
(a) The Mayor shall establish and administer the multiyear Community Schools Incentive
Initiative ("Incentive Initiative") to award multiyear grants to incentivize the establishment of
no fewer than 5 new community schools within one year of June 19, 2012, with priority given
to schools that have:
(1) A focus on mental health prevention and treatment services and adult education and
training; and
(2) A student population of which' at least 75% of the students qualify for free or
reduced-price lunch. '
(b) The Mayor shall promote and encourage the use of public school and public charter
school facilities by community and neighborhood groups.
(c) Within 60 days of June 19, 2012, the Mayor shall convene a Community Schools
Advisory Committee that shall consist of:
(1) The Chancellor of the District of Columbia Public Schools, or designee;
(2) The Director of the Department of Parks and Recreation* or designee;
(3) The Director of the Department of Health, or designee;
(4) The Director of the Department of Employment Services, or designee;
(5) The President of the State Board of Education, or designee;
(6) The President of the University of the District of Columbia, or designee;
(7) The President of the University of the District of Columbia Community College, or
designee;
(8) The Deputy Mayor for Education, or designee;
(9) Representatives from at least 4 community-based organizations;
(10)~ Representatives from at least 4 philanthropic or business organizations;
(11) The Director of the Public Charter School Board, or designee; and •
(12) The directors of 2 public charter schools.
(d) The Community Schools Advisory Committee shall:
(1) Advise the Mayor on the development of the Incentive Initiative, including the
development of a results-based framework and accompanying performance indicators with
which to measure the success of the Incentive Initiative;
(2) Participate in the selection process for Incentive Initiative grantees;
(3) Develop recommendations on how all public schools can become centers of their
communities by opening school facilities for nonprofit and community use;
(4) Identify potential funding sources for the provision of eligible services within the
Incentive Initiative; and
(5) Develop yearly measurable performance goals to assess:
(A) How to increase the percentage of families and students receiving services for
each year of the Incentive Initiative;
(B) The outcomes for students and families, particularly student academic achieve-
ment; and
(C) The number of public schools and public charter schools that have established
formal relationships with community and neighborhood groups to use school facilities.
(e) Within 180 days of June 19, 2012, the Mayor shall establish a process for awarding
grants of no more than $200,000 a year to successful eligible consortiums and shall require
that each application for an Incentive Initiative grant include:
(1) An assessment of the local school community and the neighborhood's needs and
assets;
(2) A description of the proposed eligible consortium, including the type and number of
community partners, as defined in § 38-754.02, and how the eligible consortium shall
271
§38-754.03 ,;;: DC, official code
address the needs and build upon the assets of the community that the eligible consortium
will serve; -. -.,,> , 5
(3) A proposed budget and narrative description of the proposed use of grant funds,
which budget shall reflect a core concept of service coordination and integration and the
narrative describe how the eligible consortium shall provide at least 4 additional eligible
services that did not exist before the establishment of the eligible consortium; k
(4) The identification of operational funding for eligible services and community part-
ners; and ; ' ' .
(5) A plan for the development of a community advisory board to include members of
school leadership, school faculty, parents of school students, community leaders, c6mmuni L
ty-based organizations, and other community members. ; ' «'"•" ■'
(f) The Mayor shall: • ' -.■<■• ' ' .'
(1) Conduct periodic evaluations of the progress achieved with funds allocated under a
grant, consistent with the purposes of this section;
(2) Use the evaluations to refine and improve activities conducted with the grant and the
performance measures for the activities;
(3) Make the results of the evaluations publicly available, including providing public
notice of the availability; and ' '
(4) Identify best practices and lessons learned for the purpose of informing the District-
wide community school policy.
(June 19, 2012, D.C. Law 19-142, § 403, 59 DCR 3642.)
Historical and Statutory Notes i
Legislative History of Laws ' ' (1!
For history of Law 19-142, see notes under ■.■,■:■; H ;
§ 38-751.01. i ,
§38-754.04. Establishment of Community School Fund.
'- ■' ■•' i ■ * ' i f ^)
(a) There is established as a nonlapsing fund the Community Schools Fund ("Fund") i All
funds deposited into the Fund, and any interest earned on those funds, shall not revert) to the
unrestricted fund balance of the General Fund of the District of Columbia at the end. of a
fiscal year, or at any other time, but shall be continually available for the uses and purposes
set forth in subsection (b) of this section without regard to fiscal year limitation, subject to
authorization by Congress. '"'' ,'' ,
J " novo!)
(b)(1) The Fund shall be used solely for the purposes of supporting schools designate r "d' as
community schools. ''
(2) No more than 10% of the Fund shall be used to fund administrative costs associated
v with the operations of the Mayor; and
(3) The Fund shall be used to fund the planning and implementation of the Incentive
Initiative grant program.
(c) The following monies shall be deposited into' the Fund:
(1) Federal funds and grants; /"■■•>,, ■'•. - „ -,..•■■■•
(2) Local funds;
:■■ ' (3) Gifts; and ■•■"■'::■:■ .'. :."; ..■■•■'•
•'■'" (4) Payments from public or private sources. -
{June 19, 2012, D.C. Law 19-142, § 404, 59 DCR'3642.) '". \
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under ■"•< ■' '; : ;
!§ 38-751.01. ; .;■•■ h '
272
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-755.03
Subchapter V. Early Childhood Education.
§ 38-755.01. Short title.
This subchapter may be cited as the "Early Childhood Education Act of 2012".
(June 19, 2012, D.C. Law 19-142, § 501, 59 PCR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes under
§ 38-751.01.
§ 38-755.02. Definitions.
For the purposes of this subchapter, the term:
(1) "Chancellor" means the chief executive officer of the District of Columbia Public
Schools appointed pursuant to § 38-174.
(2) "DCPS" means the District of Columbia Public Schools established by § 38-171.
(June 19, 2012, D.C. Law 19-142, § 502, 59 DCJR 3642.)
Historical and Statutory Notes
Legislative History of Laws
For history of Law 19-142, see notes, under
§ 38-751.01.
§ 38-755.03. Requirements and goals.
(a) To meet the academic achievement requirements and goals set forth in this section, the
Chancellor shall:
(1) Establish guidelines for academic achievement;
(2) Develop and implement curricula; and
(3) Ensure that DCPS staff and administrators are trained to implement the curricula
established pursuant to paragraph (2) of this subsection to meet the goals set forth in
subsection (b) of this section.
(b) The Chancellor shall be responsible for:
(1) Academic achievement goals, which shall include the reasonable expectation that all
children:
(A) Three or 4 years of age in DCPS shall be properly prepared for entry and
achievement in the DCPS kindergarten program; and
(B) In the 3rd grade, upon being promoted to the 4th grade, shall be able to read
independently and to understand the fundamental of mathematics so that they can:
(i) Add;
(ii) Subtract;
(iii) Multiply; and
(iv) Divide; and
(2) Readiness goals, which shall include readiness evaluations for all children:
(A) Three or 4 years of age in DCPS, which shall be designed and implemented to
measure the ability of a student entering the DCPS kindergarten program and to
determine his or her readiness for entry and achievement in DCPS; and
(B) In kindergarten through 3rd grade in DCPS, which shall be designed and
implemented to measure the reading and mathematical ability of a student entering a
grade kindergarten through 3rd grade to determine the student's readiness for entry and
achievement in the relevant grade level.
(June 19, 2012, D.C. Law 19-142, § 503, 59 DCR 3642.)
273
§38-755.03 D.c: official fCQU®
Historical and Statutory Notes ,i :i'
Legislative History of Laws
For history of Law 19-142, see notes under ■■■. i „•...'. ,.-;,u $
§ 38-751.01.
§38-755.04. Tracking and monitoring. fl)
The Chancellor shall: -..:■/ , v. .-, .
(1) Track and monitor the preparedness of: ;:■■:;■■•„ i ■;• ■ •>■> ;■;., >j
(A) The early childhood population of children 3 and 4 years 6f age to 1 determine the
children's readiness for entry and achievement in DCPS; and " >■■'■' i; •
(B) Children in kindergarten through 3rd grade in DCPS to determine their readiness
for entry and achievement in the 4th grade; , . ■,' ' , c :"; : iJy&->'V. li
(2) Develop a plan to address: , -,,..;,. „ „,,,, -,.■,,,, ,„,,'■< .-.v.
(A) The early childhood population of children 3 and 4 years of age who are 1 not ready
for entry and achievement in DCPS; arid' ■'■■•'-'■■" ,,,'" ,' ', ' ' '"'" \' / ^,
(B) Children in kindergarten through 3rd grade in DCPS who are riot ready for; entry
and achievement in the 4th grade; "' * - : — ; - ■■-■>" <'•-'■■ ■■ '- < "'' ;,H ,; ' u '
(3) Conduct readiness evaluations annually to ascertain "whether:'"' 1 > V;ii •■■■■'• .■'''- ' ; - < m!1 ^
(A) Children 3 and 4 years of age are prepared for kindergarten; and
(B) Children in the 3rd grade are prepared to fee promoted to the 4th grade; and
(4) Submit to the Council and the Mayor, by October 1 of each year: - ; 'isfc;i;wJ
(A) The results of the readiness evaluations required by paragraph (3) of this s'eefcio'n;
and .i ..&»,■-« h
(B) A DCPS annual report for the preceding academic year delineating the, progress
and readiness of all students. "' ■'-' '--Wl^ f;
(June 19, 2012, D.C. Law 19-142, § 504, 59 DCR 3642.) .,/",,
Historical and Statutory Notes
Legislative History of Laws '.,'■.„■.
For history of Law 19-142, see notes under
§ 38-751.01.
Subchapter VI. Rulemaking.
§ 38-756.01. Rules.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules'to
implement the provisions of this chapter.
(b) Each local education agency may advise the Mayor with respect to all proposed matters
or rules issued pursuant to this chapter.
(June 19, 2012, D.C. Law 19-142, § 601, 59 DCR 3642.) ; -' : • ;i
Historical and Statutory Notes
Legislative History of Laws "• : ;:/. i:;
For history of Law 19-142, see notes under •, ■,-;'■■ ;■•:•!
§ 38-751.01. •..;,.:,- '. '..-'.'■■./,'.]<■ ( V)
<:-:■..""■<:: . ...■■., A i
t i Subchapter VII. Applicability. ; r
§38-757.01. Applicability.
This chapter shall apply upon the inclusion of its fiscal effect in an approved budget and
financial plan. , ;
(June 19, 2012, D.C. Law 19-142, § 701, 59 DCR 3642.) .■■■. ! . . y ,;;. ; (> ,,,;,,)
274
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-822.02
Historical and Statutory Notes
Emergency Act Amendments Congressional Review Emergency Act of 2012
For temporary (90 day) amendment of section (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
701 of D.C. Law 19-345, see § 7009 of Fiscal Year T „„;„,„«„„ „ iot „„ „ f T O „ ro
2013 Budget Support Emergency Act of 2012 (D.C. Le S lslatlve Hlstor y of Laws
Act 19-383, June 19, 2012, 59 DCR 7764). For history of Law 19-142, see notes under
For temporary (90 day) amendment of section, § 38-751.01.
see § 7009 of Fiscal Year 2013 Budget Support
Chapter 8A
Healthy Schools.
Subchapter I. Definitions; Establishment Section
of Healthy Schools Fund. Subchapter IV. Physical and
Health Education.
Section
38-821.02. Establishment of the Healthy Schools 38-824.02. Physical and health education require-
Fund. ments.
Subchapter II. School Nutrition. Subchapter V. Environment.
38-822.02. Nutritional standards for school no on _ „, _, . . . __
mea ig 38-825.01. Environmental programs office.
38-322.03. Additional requirements for public 38-«25.03. School Gardens Program.
38-322.04. Central ktehen. Subchapter VI. Health and Wellness.
38-822.05. Public disclosure. „ o o „„ „„ n , , , ^
38-522.06. Healthy vending, fundraising, and 38-326.02. Schoo health profiles,
prizes in public schools. 38-826.03. School health centers.
Subchapter III. Farm-To-School Program. Subchapter VII. Healthy Youth
and Schools Commission,
38-823.01. Local food sourcing, reimbursement,
and education. 38-827.01. Establishment of the Healthy Youth
38-823.03. Mandatory reporting. and Schools Commission.
Subchapter I. Definitions,- Establishment op Healthy Schools Fund.
§ 38-821.02. Establishment of the Healthy Schools Fund.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4062(a) of Fiscal Year 2013 Budget Support
see § 4062(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 19^13, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764). '
Subchapter II. School Nutrition.
§ 38-822.02. Nutritional standards for school meals.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4062(b) of Fiscal Year 2013 Budget Support
see § 4062(b) 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).
275
§38-822.03 r ; n.c. official codei
§ 38-822.03. Additional requirements for public school meals.
;.' : : , ■■ ■■■■■: ; ■ ■■ '■ '■■ ■"■,. ;■•,'■■•, •.-;;;3a
I Historical and Statutory Notes ,;
Emergency Act Amendments For temporary (90 day) amendment of section,^
, For temporary (90 day) amendment of section, see § 4062(c) of Fiscal Year 2013 Budget Support'
see § 4062(c) 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). ■' ' ,;*,;>"!;;
§ 38-822.04. Central kitchen.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary, (90 day) amendment of section, see § 4062(d) of Fiscal Year 2013 Budget-Support
see § 4062(d) 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). ■',,■■.,;■.,
§ 38-822.05. Public disclosure.
!ii,t ''}<< jif li'JiiJ. ■Ufl; ;);:''] .;! ! ;.
Historical and Statutory Notes , ,.',„..
Emergency Act Amendments ■■' '•'■■■' !ii,, : For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section,' see §, 4062(e) of Fiscal Year. 2013 Budget Support,
see § 4062(e) 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). .
§ 38-822.06. Healthy vending, fundraising, and prizes in public schools.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 1 day) amendment of section,'
For temporary (90 day) amendment of section, see § 4062(f) of Fiscal Year 2013 Budget Support
see § 4062(f) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 20i2 ;
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 III. Farm-To-School Program.
§ 38-823.01. Local food sourcing, reimbursement, and education.
Historical and Statutory Notes ;i . ..- , , ; ; K< ,„, , }
Emergency Act Amendments ' -For temporary (90 day) addition of section- see
; ' For temporary (90 day) addition of section, see 1 i. 4062(g)' of. Fiscal* ; Year 2013 . Budget-' Support;
§: 4062(g) 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''9296!if
2012, 59 DCR 7764). J
' ■'■ )C iT :i'] ,,': ' '!H
§ 38-823.03. Mandatory reporting.
nmH
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4062(h) of Fiscal Year 2013 Budget Support
see § 4062(h) 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). ,
276
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS
§ 38-826.03
Subchapter IV. Physical and Health Education.
§ 38-824.02. Physical and health education requirements.
Emergency Act Amendments
For temporary (90 day) addition of. section, see
§ 4062(1) 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) addition of section, see
§ 4062(i) of Fiscal Year 2013 Budget Support Con-
gressional Review Emergency Act of 2012 (D.C.
Act 19-413, July 25, 2012, 59 DCR 9290).
Subchapter V. Environment.
§ 38-825.01. Environmental programs office.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4062(j) of Fiscal Year 2013 Budget Support
see § 4062(j) 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).
§ 38-825.03. School Gardens Program
Emergency Act Amendments
For temporary (90 day) amendment of section,
see § 4062(k) 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 § 4062(k) of Fiscal Year 2013 Budget Support
Congressional Review Emergency Act of 2012
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Subchapter VI. Health and Wellness.
§ 38-826.02. School health profiles.
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) amendment of section,
see § 4062(m) 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 § 4062(m) of Fiscal Year 2013 Budget Support
Congressional Review Emergency Act of 2012
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
§ 38-826.03. School health centers.
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) amendment of section,
see § 4062(1) 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 § 4062(1) of Fiscal Year 2013 Budget Support
Congressional Review Emergency Act of 2012
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
277
§38-827.01 d; DC: OFEIGIAIA3SSMOE
Subchapter VIL Healthy Youth and Schools Commission.
§ 38-827.01. Establishment of the Healthy Youth and Schools COmMssionlg §
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment' of sectioSJ,
For temporary (90 day) amendment of section, see § 4062(n) of Fiscal Year 2013 Budget Support
see § 4062(n) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012
Emergency Act of 2012 .(D.C. Act 19^383, June 19, (d.G. Act 19-413, July 25, 2012, 59 DCR 92961.
2012, 59 DCR 7764). .,_;,\'V 'J *:. -k ,:.:«0§
SUBTITLE II H
PUBLIC EDUCATION--ADULT AND CiMMUNITfc ; §
, Chapter IO^^mc
Fees for Select Adult, Comrnunity, and
Continuing- Education Courses;
Section
38-1003. Accountability for funds received.
§38-1003. Accountability for funds received. '
■ i ''■■■■,■• .; ■■: rf.j.i '■;.'.
Historical and Statutory Notes
Emergency Act Amendments ; ,
For temporary (90 day) addition of sections, see
§§ 2 and 3 of the (D.C. Act 19-408, July 24, 2012,
59 DCR 9130). . '- > , , ;:; :: vl
SUBTITLE III
PUBLIC EDUCATION— POST SECONDARY.
Chapter 12
Public Postsecondary Education Reorganization.' " ^ i:
Unit A. General. .is'iMj^O'S liloiusd knn'i'j'H .SijU&B- SS §
•' :K
\ J.-.'.V 1
i. I v;G
,SI0S
MU>
;£8-
«s §
■ : "], \r\
M:9SisinJ'7
'J '
•ioTI
:;jt
8 ufjn
,sios
Subchapter II. University of the
District of Columbia:
i'jhofeiM
.;■ ; :■■ ■■ ■' '■ ' i BtoofliiOT^mA to/ \F"K'v ; ri'):,aK[
Section ■- . . ...... ■;,., .■;■■'.)(> r 'i*',tr;«-, ( Y ','i GO') y-'» '-"i; '.«y>[
■38-1202.01. Establishment of Board of Trustees . „i ^;i,:; -: f :, ; ' 'n').fi' : - ; : ' ! -,:«
..,i;:.. ; i; and University . ( - . , ■•, ,ii.. ;.. ■.-•,-,' i-v, ,;.!.C; :■:';. ;:■!".,• ,;■:'■' \.-.i, •■■■.$ r-nli
' ■ ' ' .f'jvv ■;"■ «■■* iii; .■■;.?(•"
278
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-2602
Unit A. General.
Subchapter II. University of the District of Columbia.
§ 38-1202.01. Establishment of Board of Trustees and University.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of sections, see
For temporary (90 day) addition of sections, see §§ 4032, 4042 of Fiscal Year 2013 Budget Support
§§ 4032, 4042 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).
SUBTITLE IV
PUBLIC EDUCATION— CHARTER SCHOOLS.
Chapter 18
District of Columbia School Reform (Public Charter Schools).
Subchapter II. Public Charter Schools.
Section
38-1802.14. Public Charter School Board.
Subchapter II. Public Charter Schools.
§ 38-1802.14. Public Charter School Board.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of § 4052 of
For temporary (90 day) addition of section, see Act 19-385, see § 3 of the District of Columbia
§ 4052 of Fiscal Year 2013 Budget Support Emer- School Reform Extension of Time Emergency
fo n ^D Ct £?° 12 (D,C ' Act 19 " 383 ' June 19 ' 2 ° 12 ' Amendment Act of 2012 (D.C. Act 19^10, July 24,
59 DCR 7764). 2012| g9 DCR gl37)
For temporary (90 day) amendment of § 4052 of _, , ,„„ , , ...^
Act 19-383, see § 2 of the District of Columbia For temporary (90 day) addition of section, see
School Reform Extension of Time Emergency § 4052 of Fiscal Year 2013 Budget Support Con-
Amendment Act of 2012 (D.C. Act 19-410, July 24, gressional Review Emergency Act of 2012 (D.C.
2012, 59 DCR 9137). Act 19-413, July 25, 2012, 59 DCR 9290).
SUBTITLE VIII
STATE LEVEL AGENCIES.
Chapter 26
Office of the State Superintendent of Education.
Section
38-2602. Responsibilities.
§ 38-2602. Responsibilities.
(a) Within one year of the Officer's appointment, but not later than October 2001, and
except as provided in § 38-2604, the OSSE shall assume the responsibilities listed in
279
§38-2602 -\ D.C. OFFICIAL CODE
subsection (b) of this section. The transfer and assumption of responsibilities shall take place
in accordance with the short-term plan to be submitted by the Officer to the Mayor for
approval by February 15, 2001, or 5 weeks from the establishment of the OSSE, whichever is
later.
(b) The OSSE shall: ' , ' v ' :; «
(I) Have authority for all state functions for federally sponsored child nutrition programs
in the District, including those sponsored by the United States Department of Agriculture;
; . (2) Verify annual fall enrollment counts for all public and public charter schools pursuant
S;to § 38-1804.02, and § 38-159; ;,
,; ■ (3) Formulate and promulgate rules for the documentation and verification of District
residency for public and public charter school students, pursuant to §§ 38-302 and 38-303;
(4) Make recommendations to the Mayor and Council for periodic revisions to the
Uniform Per Student Funding Formula pursuant to § 38-2911, and provide information
and data related to such revisions including the study of actual posts of, education in the
District of Columbia, consideration of performance incentives created byHhe formula in
practice, research in education and education finance, and public comment;
(5) Conduct a study to be submitted to the Mayor and Council recommending additional
functions to be assumed by the OSSE and a proposed transition plan meeting the
"specifications of § 38-2605; ; -■— J -'^ !ii;AJ:i - ■•""* ^ ^iv.:<,.<;- / ;. :, ' c ^ li;
(6) Oversee the functions and activities of the Education Licensure Commission, estab-
lished by § 38-1303;
(6 A) Establish and administer licensure requirements for pre-kindergarten programs,
pursuant to § 38-271. 02(a)(3); '"" l ' ' '
(7) Issue rules to establish requirements to govern acceptable credit to be granted for
studies completed at independent,.. private, public, public charter schools, and private
instruction; ,u; ""' ,: '"
(8) Prescribe minimum amounts of instructional time for all schools, including public,
public charter, and private schools;
(8A) Prescribe standards for extended learning time beyond the regular school day for
public schools, including public charter schools;
(9) Oversee the state-level functions and activities related to early childhood education
programs, including the public education of the Early Intervention Services Program, in
accordance with § 7-863.02;
(9 A) Administer pre-kindergarten education, in accordance with § 38-271.02;
(9B) Conduct a residency audit, annually, to establish the number of in-District and out-
of-District children enrolled in pre-kindergarten pursuant to Chapter 2A of this title;
■ (10) Provide for the education of children in the custody of the Department of Tputh
Rehabilitation Services; ■' " " ;! ; ' 1,t "" :i '' j
(II) Formulate and promulgate rules necessary to carry out its functions, including rules
governing the process for review and approval of stateJevel policies by the State Board of
Education under § 38-2652, pursuant to Chapter 5 of Title,. 2; r:<
(12) Develop and adopt policies that come within 1 the" functions of state educational
agencies under federal law, subject to the approval of the State Board of Education for
those policies that are subject to board approval under § 38-2652;
(13) Conduct studies and pilot projects to develop, review, pr test state policy;
(14) Repealed.
(15) Fulfill any other responsibilities consistent with the performance of the state-level
education functions of the District of Columbia; r ;:
(16) Promulgate rules for the administration and implementation of the uniform per
student funding formula, pursuant to Chapter 29 of this title;
(17) Have the authority to collect and dedicate fees for state academic credential
certifications and general educational development testing as well as for any other state-
" level education function, as established by the Superintendent by regulation;
280
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 38-2602
(18) Have the authority to issue grants, from funds under its administration (including
the non-public tuition paper agency), to local education agencies ("LEAs") for programs
that increase the capacity of the LEA to provide special education services; and
(19) By October 1, 2013, create a truancy prevention resource guide for parents and legal
guardians who have children who attend a District public school, which shall be updated
and made available upon request and, at minimum, include:
(A) An explanation of the District's laws and regulations related to absenteeism and
truancy;
(B) Information on:
(i) What, a parent or legal guardian can do to prevent truancy;
(ii) The common causes of truancy; and
(iii) Common consequences of truancy;
(C) A comprehensive list of resources that are available to a parent or legal guardian,
and the student, that address the common causes of truancy and the prevention of it,
such as:
(i) Hotlines that provide assistance to parents, legal guardians, and youth;
(ii) Counseling for the parent (or legal guardian) or the youth, or both;
(iii) Parenting classes;
(iv) Parenl^support groups;
(v) Family psycho-education programs;
(vi) Parent-resource libraries;
(vii) Risk prevention education;
(viii) Neighborhood family support organizations and eollaboratives that provide
assistance to families experiencing hardship;
(ix) Behavioral health resources and programs in schools;
(x) The Behavioral Health Ombudsman Program; and
(xi) The resources at each public school for at-risk students and their parents or
legal guardians.
(e)(1) There is established as a nonlapsing fund the Academic Certification and Testing
Fund ("Fund"). All fees collected by the Office of the State Superintendent of Education for
state academic credential certifications, general educational development testing, or any other
state-level education function established pursuant to subsection (b)(17) of this section shall be
deposited into the Fund.
. (2) All funds deposited into the Fund, and any interest earned on those funds, shall be
used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds
in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to
the unrestricted fund balance of the General Fund of the District of Columbia.
(3) The Fund shall be administered by the State Superintendent of Education and shall
be used to support, the administration of state academic credential certifications, General
Educational Development, and other state-level programs.
(Oct. 21, 2000, D.C. Law 13-176, § 3, 47 DCR 6835; Nov. 13, 2003, D.C. Law 15-39, § 302, 50 DCR 5668;
Oct. 20, 2005, D.C. Law 16-33, § 4003(a), 52 DCR 7503; June 12, 2007, D.C. Law 17-9, § 302(c), 54 DCR
4102; Sept. 18, 2007, D.C. Law 17-20, § 4012(a), 54 DCR 7052; July 18, 2008, D.C. Law 17-202, § 607, 55
DCR 6297; Aug. 16, 2008, D.C. Law 17-219, § 4008, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353,
§ 215(d), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 4031, 57 DCR 181; Apr. 8, 2011, D.C. Law
18-370, § 404, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 9057, 58 DCR 6226; June 7, 2012, D.C.
Law 19-141, § 303, 59 DCR 3083.)
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-141, in subsec. (b), deleted "and" p or history of Law 19-141, see notes under
from the end of par. (17 ), substituted "; and" for § 3g_203
a period the end of par. (18), and added par. (19).
281
§ 38-2602 D.C. OFFICIALS COUB
SUBTITLE X ''■■■' (HE >
"i ' .:■'■..■ ' :■■.■'.. . -lit r ')|[1
SCHOOL FUNDING. f tirft
Chapter 29
Uniform Per Student Funding Formula.
,;; bin;
Subchapter I. General. Section
38-2905. Supplement to foundation level funding
™ c £™o ,-, -i j.. i , ' i; ' : ' ' ,! ■ •'" ' on the basis of the count 'of special
qbIq^' w™W' ^ 10 nlevel f. , ■, , t t ;-..'-' ■•. education, LEP/NEP; summer school,
38-2904. Weightings apphed to counts of stu- ■ , .,,..,., 4 j t
dents enrolled at certain grade levels. ■:,;. and residential school stadents.
Subchapter I. General.
§ 38-2903. Foundation level. ,
Historical and Statutory Notes ;
Emergency Act Amendments For temporary (90' day) amendment "' of section,
For temporary (90 day) amendment of section, : see § 4002(a) of Fiscal Year 2013 Budget Support
see § 4002(a) 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). ,: <•■'■>)
§ 38-2904. Weightings applied to counts of students enrolled at certain grade
levels.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2013 Budget Support
see § 4002(b) 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' 92£>0):
2012, 59 DCR 7764). ■ ;..:,ia.c,,\
§ 38-2905. Supplement to foundation level funding on the basis of the count
of special education, LEP/NEP, summer school, and residential
school students. '. .[.'.■.'. '.
Historical and Statutory Notes ,
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, ■< . see § 4002(c) of Fiscal Year 2013, Budget Support
see § 4002(c) 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 : 92§'61 ;
2012, 59 DCR 7764). , "'V -'
;:: :' ;; . . TITLE 39 '/;■■'. :. '";;;.-' ."'^ ;
LIBRARIES AND CULTURAL INSTITUTIONS.
SUBTITLE I. LIBRARIES.
Chapter Section
1. Public Libraries. .. . ......,.........;... *,', 39-107
282
EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS § 39-113
SUBTITLE I
LIBRARIES.
Chapter 1
Public Libraries.
Subchapter I. General. Section
39-113. Competitive process for performance of
Section work
39-107. Purchase, rent, and sale of library-relat-
ed items; use of profits.
Subchapter I. General.
§ 39-107. Purchase, rent, and sale of library-related items; use of profits.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 4022(a) of Fiscal Year 2013 Budget Support
see § 4022(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.q. Act 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764).
§ 39-113. Competitive process for performance of work.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of section, see
For temporary (90 day) addition of section, see § 4022(b) of Fiscal Year 2013 Budget Support
§ 4022(b) 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). '
283
.■■.'jijoai
DIVISION VII
PROPERTY.
TITLE 40
, .-.,: ■,■: ■ ■ ■ -. ,., 'Aliens. " : '' : " '' •"'■"*'''"■"*'■*''
Chapter '"'■'''■ '^'"' ,ii; ■■ :' '._.'!'''''■;.■'; r '^ ! :'".' : "'' Section
3. Mechanics, Materialmen, and Contractors .'.'';.'!. .'. .''. .':!;'.'".*!.' 40-301.02
Chapter 3 h
, Mechanics, Materialmen, and Cpntrac^prs. , ;
Subchapter I. General. Section
Subchapter II. Subcontractor's Lien.
Section ; - :':' : . ;- ,■■.,■■; >j:„'.i:I
40-^01.Q2. Notice.^ . , , 40-303.16. Payment into court and release. ■■■ .',
Subchapter I. General. "' ; /" v
§ 40-301.02. Notice. ; J : "'" v ''' «
(a)(1) A contractor desiring to enforce the lien shall record in the land records a notice of
intent that identifies the property subject to the lien and states the amount due or to become
due to the contractor. The notice of intent shall be recorded during the construction or
within 90 days after the earlier of the completion or termination of the project. If the notice;
of intent is not recorded in the land records during the construction or within 90 days after
the earlier of the completion or termination of the project, the contractor's lien' shall
terminate upon the expiration of the 90-day period. A notice of intent that does not comply
with subsection (b) of this section shall be void.
(2) Any contractor who records timely a notice of intent in accordance with subsection
(a)(1) of this section, shall send to the owner, by certified mail to the current address (or if
not available in the local public records, the last known address) of the owner* a copy of the
notice of intent within 5 business days after the date of its recordation in the land records.
If the certified mail is returned to the contractor unclaimed or undelivered, the contractor
shall post a copy of the recorded notice of intent at or on the affected real property in a
location generally visible from some entry point to the real property.
(b) The notice of intent shall include the following:
(1) The name and address of the contractor or the contractor's registered agent;
(2) The name and address of the owner or the owner's registered agent;
(3) The name of the party against whose interest a lien is claimed and the amount
claimed, less any credit for payments received up to and including the date of the notice of
intent;
(4) A description of the work done, including the dates that work was commenced and
completed;
(5) A description of the material furnished, including the dates that material was first
and last delivered;
(6) A legal description and, to the extent available, a street address of the real property;
(7)(A) To the extent available under applicable law, if the contractor is an entity
organized under the laws of the District of Columbia or is doing business in the District of
Columbia within the meaning of applicable District law:
284
PROPERTY § 40-303.16
(i) A copy of the contractor's current license to do business in the District issued by
the Department of Consumer and Regulatory Affairs; and
(ii) A certificate of good standing from the Department of Consumer and Regulatory
Affairs issued within 180 days prior to the date of the filing of the notice of intent; or
(B) To the extent available under applicable law, if the contractor is an individual or an
entity organized under laws other than those of the District of Columbia, and is not doing
business in the District of Columbia within the meaning of applicable District laws but is
required to be licensed by a governmental entity:
(i) A copy of the contractor's current license to do business issued by the govern-
ment of the other jurisdiction; and
(ii) A certificate evidencing the contractor's good standing in its place of business or
state of incorporation issued by the other jurisdiction;
(8) If the project is provided under a home improvement contract, a copy of the home
improvement contract; and
(9)(A) A sworn, notarized statement affirming under penalty of perjury and upon
personal knowledge that:
(i) The contents of the notice of intent are true and correct to the best of the
contractor's information and belief; and
(ii) The contractor has a right to recover the amount claimed.
(B) If a notice of intent is executed by an authorized representative or counsel of the
contractor, he or she shall attach evidence of his or her authority to execute the notice of
intent on behalf the contractor and shall affirm that the notice of intent is true and
correct to the best of the affiant's knowledge and belief.
(Mar. 3, 1901, 31 Stat. 1384, ch. 854, § 1238; June 25, 1936, 49 Stat 1921, ch. 804; June 25, 1948, 62 Stat.
991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 265, Pub. L.
89^93, § 15(a), (b); Mar. 19, 2002, D.C. Law 14-84, § 2(a), 49 DRC 198; Oct. 20, 2005, D.C. Law 16-31,
§ 2(c), 52 DCR 7195; June 5, 2012, D.C. Law 19-138, § 2(a), 59 DCR 2553.)
Historical and Statutory Notes
Effect of Amendments signed Bill No. 19^489, which was referred to the
D.C. Law 19-138, in subsec. (a)(1), substituted Committee on the Judiciary. The Bill was adopted
"during the construction or within 90 days" for on first and second readings on February 7, 2012,
"within 90 days" anl ^ March 6, 2012, respectively. Signed by the
Mayor on March 27, 2012, it was assigned Act No.
Legislative History of Laws i 9 _3 35 an( j transmitted to both Houses of Con-
Law 19-138, the "Mechanics Lien Amendment gress for its review. D.C. Law 19-138 became
Act of 2012", was introduced in Council and as- effective on June 5, 2012.
Subchapter II. Subcontractor's Lien.
§ 40-303.16. Payment into court and release.
(a) In any suit to enforce a lien under this chapter, the owner of the building and premises
to which the lien may have attached may be allowed to either:
(1) Pay into court the amount claimed by the lienor, and such additional amount, to cover
interest and costs, as the court may direct; or
(2) File a written undertaking, with one or more sureties, to be approved by the court, to
the effect that he or she and they will pay the judgment that may be recovered, which may
include interest and costs; provided, that:
(A) Where the surety is to be provided by bond, only one bond shall be required; and
(B) The judgment shall be rendered against all the persons so undertaking.
(b) On the payment of the money into court, or the approval of the undertaking pursuant to
subsection (a)(2) of this section, the property shall be released from the lien, and any money
so paid in shall be subject to the final decree of the court.
(c)(1) No undertaking pursuant to subsection (a)(2) of this section shall be approved by the
court until the complainant- shall have had at least 5 days notice of the defendant's intention to
apply to the court for the approval, which notice shall give the name and residence of the
285
Ǥ 40-303.16
D.C. OFFICIAI^OBE
person to be offered as surety, or persons if the court determines more than a single surety is
required, and the time when the motion for the approval will be made. ' - '
(2) Any surety shall make Oath, if required, that he or she is worth, over and above all
debts and liabilities, double the amount of the lien. '•
(3) The complainant may appear and object to the approval.
(Mar. 3, 1901,31 Stat. 1387, ch. 854, § 1254; June 5, 2012, D.C. Law 19-138, § 2(b), 59 DCR 2553.)\!
Historical and Statutory Notes
Effect of Amendments
D.C. Law 19-138 rewrote the section, which
formerly read: '
"In any suit to enforce a lien hereunder, the
owner of the building and premises to which such
lien may have attached, as aforesaid, may be al-
lowed to pay into court the amount claimed by the
lienor, and such additional amount, to cover inter-
est and costs, as the court may direct, or he may
file a written undertaking, with 2 or more sureties,
to be approved by the court, to the effect that he
and they will pay the judgment that may be recov-
ered and costs, which judgment shall be rendered
against all the persons so undertaking. On the
payment of said money into court, or the approval
of such undertaking, the property shall be released
from such lien, and any money so paid in shall be
subject to the final decree of the court. No such
undertaking shall be approved by the court until
the complainant shall have had at least 2 days
notice of the defendant's intention to apply to the
court therefor, which notice shall give the napes
and residences of the persons intended to.be of-
fered as sureties and the time when the motion for
such approval will be made, and such sureties shall
make oath, if required, that they are worth, over
■and above all' debts and liabilities, double the
amount of said lien.- The complainant may appear
and object to such approval."
legislative History of Laws vm
For history of Law 19-138, see notes jjunder
§40-301.02.
■"-'i'lO')
TITLE 42
REAL PROPERTY.
■<M\
,<'»:;
SUBTITLE I. GENERAL.
Chapter Section
8. Mortgages and Deeds of Trust.. .. v. 42-815
11. Recordation Tax on Deeds ,.. .:....!. .../.......... 42-1102
12. Recorder of Deeds ......". .....: ..i 42^1207
SUBTITLE II, BROKERS AND REALTORS; v. r. , ; .;•■;■>■ .^iigsJI
17. Real Estate Brokers' Duties. ... ... .... :i. •. ../.;:.. ..... . .. . i . .'. .■ /.,,. . I .'!. . . 42^1.707
18. Real Estate Sale or Rent Signs, :<. •. ■.<.■; ; . . i . . . . ; .. si., v. . :>. .. . ■.). ••. . wu >,a.,i. :,<.;-.>■. , :«»!i42-18ni
SUBTITLE III. CONDOMINIUMS.
19. Condominiums. ...,>.,..:.,.;., . .,. ■#■<.;, ■;>•, ■'. . . ': .'.;. f; '..'.;;. I; .v;$ 42-1901.04
SUBTITLE VII. RENTAL HOUSING.
35. Rental Housing Generally / s . b . , ..,....;- ■<:-.' .im£.ist/:Mm?-I- ■ • *fi'L42S@502.1,'7
SUBTITLE I
GENERAL.
.•)'! i\ fi'i'^i'^.'-') ni .Sir;-. iy.\ al fe)
'.'.;;itei '//:;;" vi; ' i;') ; f -mi tfoiriw ol
.^'?ri ■).:'• '"n-'i <■■'■<' ','.;;" (H
Chapter 8 \ ''■'!'
Mortgages and Deeds of Trust. ;'
Section Section : ;' -.t .-)
42-815. . Application to court to fix terms and 42-815.02. Foreclosure mediation. '• .'■•"■'■ ■:>' ■'.-.
determine notice of sale; notice un- 42-815.03. Establishment of Foreclosure Media-
, der power of sale provision. , tionFund.
42-^815.01. Right to cure residential mortgage ' ' ' ' '•' ! "■■''
foreclosure default. " '.'<' '■'■''■ '• ■ ' ■ ■■ • "M>
286
PROPERTY § 42-815.03
§ 42-815. Application to court to fix terms and determine notice of sale;
notice under power of sale provision.
Notes of Decisions
10. Manner of notice, notice of foreclo- lender to loan servicer was not recorded, where
sure sale agent who issued notice of foreclosure was also
Notice of foreclosure was issued. by note holder's listed as lender's trustee on original deed of trust.
agent, as required under District of Columbia law, Movahedi v. U.S. Bank, N.A., 2012, 2012 WL
and, thus, loan servicer's foreclosure was not. 10 14582. Mortgages ®=> 354; Mortgages ®=> 650
wrongful even if transfer of deed of trust from
§ 42-815.01. Right to cure residential mortgage foreclosure default.
Historical and Statutory Notes
Emergency Act Amendments Enhanced Emergency Amendment Act of 2012
For temporary (90 day) amendment of section, (D.C. Act 19-378, June 15, 2012, 59 DCR 7380).
see § 2(a) of Saving D.C. Homes from Foreclosure
Notes of Decisions
Expenses 4 charges and accruals owed in addition to deficiency
in the loan payments in its notice of foreclosure;
amount of such expenses depended on point in
. _ time mortgagor brought the account current, and
" • ll,x P enses the notice stated amount mortgagor was required
District of Columbia foreclosure statute requir- to pay to bring the mortgage current, and noted
ing that mortgagor be given opportunity to cure that mortgagor would also have to pay reasonable
the default once a notice of foreclosure was issued attorney fees and expenses. Movahedi v. U.S.
did not require loan servicer to specify amount of Bank, N.A., 2012, 2012 WL 1014582. Mortgages
attorney fees, foreclosure costs, and all other ©=> 354
§ 42-815.02. Foreclosure mediation.
Historical and Statutory Notes
Emergency Act Amendments Enhanced Emergency Amendment Act of 2012
For temporary (90 day) amendment of section, (D.C. Act 19-378, June 15, 2012, 59 DCR 7380).
see § 2(b) of Saving D.C. Homes from Foreclosure
§ 42-815.03. Establishment of Foreclosure Mediation Fund.
Historical and Statutory Notes
Emergency Act Amendments Enhanced Emergency Amendment Act of 2012
For temporary (90 day) amendment of section, (D.C. Act 19-378, June 15, 2012, 59 DCR 7380).
see § 2(c) of Saving D.C. Homes from Foreclosure
Chapter 11
Recordation Tax on Deeds.
Section Section
42-1102. Deeds exempt from tax. 42-1103. Imposition of tax; rate; return; con-
42-1102.02. Transfer of economic interest de- tents; liability for tax; extension
fined, of period for filing, and waiver of,
return.
287
§ 42-1102 D.C. OFFICIAL CODE
§42-1102. Deeds exempt from tax. , ■'.'■■';■: ■ ■& ■§
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7102(a) of Fiscal Year 2013 Budget Support
see § 7102(a) of Fiscal Year 2013 Budget Support Congressional Eeview Emergency Act of 2012
Emergency Act of 2012 (D.C. Act 19-383, June 19, (d.q. Act 19-413, July 25, 2012, , 59 DCR- 9290).
2012, 59 DCR 7764), . . . .. , v. .,; ,,, ;
§ 42-1102.02. Transfer of economic interest defined. v "
Historical and Statutory Notes ^ K'H .i^.> ^ : i
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7102(b) of Fiscal Year 2013 Budget Support
see § 7102(b) of Fiscal Year 2013 Budget Support Congressional Eeview 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). ., V; ,,;.,,,,,, , ;■;;,,.■;' , ; ,4; '.:',•; ,■.- ■ , ; . ■ ■;, .-,;■<• , ...:'
§ 42-1103. Imposition of tax; rate; return; 1 "contents; liability for tax; exten-
sion of period for filings and waiver of, return. ; ; [J
! Historical arid Statutory Notes
Emergency Act Amendments ... For temporary (90 day) amendment of section;
For temporary (90 day) amendment of section, see § 7102(c) of Fiscal Year 2013 Budget Support
see § 7102(c) 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). • A ' „ v \ . .
For temporary (90 day) amendment of section, F ° r %%>"?% (9 ° l ay) a ™fTf ft J
see § 7122 of Fiscal Year 2013 Budget Support ^ee § 7122 of Fiscal Year 2013 Budget Support
Emergency Act of 2012 (D.C. Act 19-383, June 19, Congressional Review Emergency Act of 2012
2012, 59 DCR 7764). (D.C. Act 19-413, July 25, 2012, 59 DCR 9290);
Chapter 12 , ;: :-' .-•.,- ;w ,:.:i
Recorder of Deeds.
Section '''■.'..'■ .'.*•..'■ ' '■;
42-1207. Notice of pendency of action (lis pen-
dens). , ■'. ■;.? , ■, ; : •-,. , A ; : : ,
§42-1207. Notice of pendency of action (lis pendens).
Notes of Decisions
ji. a u'.:>. .: : i.,' ' ,■ « D
1. In general where plaintiffs' action against defendants was dis-
Under District of Columbia law, lis pendens, was/;^ misled for^failure'tp effect timely service, dismissal
not injunction, and thus federal district' court naif gave "defendants ^relief they sought, and matter
no basis upon which to order parties that recorded involved unsettled area of District of Columbia law.
lis pendens to post bond pending recordation.^ Mann v _ Castiel 2 010, 729 F.Supp.2d 191, affirmed
judgment dismissing Pontiffs action against de, m F _ 3d36 g_ Fedefal'Courts ^l3i25 :' i; ;. ' :
fendants. Mann. v. Castiel, 2010, 729 F.Supp.2d -r, .-, t; .• ; •>'■■ ii r . j *. . -i KiV : ;' ' .
191, affirmed 681 F.3d 368. Lis Pendens «=> 18 i,....
3. Cancellation of lis pendens
Defendants' motion to cancel lis pendens record-
ed by plaintiffs on their residence was not ripe,
288
PROPERTY § 42-1801
SUBTITLE II
BROKERS AND REALTORS.
Chapter 17
Real Estate Brokers' Duties.
Subchapter I. General.
Section
42-1707. Applications for payments from Fund;
maximum payment; management of
Fund.
Subchapter I. General.
)*■ P a :
agement of Fund.
§ 42-1707. Applications for payments from Fund; maximum payment; man-
agement, nf Fund.
Notes of Decisions
Redirecting of funds 1 balancing District's budget for fiscal year; although
provision of Act required all sums paid pursuant to
Act to be deposited with Treasurer and credited to
1. Redirecting of funds Fund, it did not purport to bar Council from
Real Estate Licensure Act did not preclude redirecting monies in Fund as needed. Washing-
Council of District of Columbia from transferring ton, D.C. Ass'n of Realtors, Inc. v. District of
monies from Real Estate Guarantee and Education Columbia, 2012, 44 A3d 299. Distinct of Columbia
Fund to District's General Fund for purpose of ®= 30
Chapter 18
Real Estate Sale or Rent Signs.
Section
42-1801. Signs, on sidewalk or parking prohibit-
. ed; number of signs; removal; penal-
ties.
§ 42-1801. Signs on sidewalk or parking prohibited; number of signs; remov-
al; penalties.
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).
§ 7 of the Sign Regulation Emergency Amend-
289
§ 42-1801
D.C. OFFICIAL .CODE!
SUBTITLE III
CONDOMINIUMS.
Chapter 19
Condominiums. :
Subchapter I. General Provisions.
Section
42-1901.04. Separate taxation.
Subchapter III. Control and Governance
of Condominiums.
42-1903.08. Unit owners' associations; powers
and rights; deemed attorney-in-
fact to grant and accept beneficial
.... „ . easements. ..-;. ,„. ,
Section
42-1903.13.
'A'A'V'll H
Lien for assessments against units;
priority; recordation not require'df J '
enforcement by sale; notice^ to de-'
"■■ linquerit owner and public; distri-
bution of proceeds; power of exec-
utive board to purchase unit at
sale; limitation; costs and attor-
j^jneys'fees; statement of unpaid as-
sessments; liability upon transfer
. .. of unit. •:-,,.•.. ~. -•- « f o
Subchapter r L -General Provisions.
§ 42-1901.04. Separate taxation. i
■iH.t'vriibaJi
(a) If there is any unit owner other than the declarant, a tax or assessment shalljtnQtj be}
levied on the condominium as a whole or against any common elements, but only.jOii'the
individual condominium units. A condominium unit shall be carried on the records* 6'Mhe)
District of Columbia and assessed as a separate and distinct taxable entity. >-uh>uv<:s
■ : ■ <>j bii?I'l
(b)(1) Notwithstanding subsection (a) of this section, for real property tax years beginning
after September 30, 2011, horizontally or vertically abutting condominium units owned by the
identical unit owner that comprise and are used as a single dwelling unit may be combined for
assessment and taxation purposes into a separate and distinct taxable entity ("combined tax
lot"); provided, that the unit owner applies for combined tax lot treatment pursuant to
§ 47-832.
(2) Combined tax lot treatment granted pursuant to paragraph (1) of this subsection ;
shall take effect for the succeeding real property tax year following the date the application
is received.
(Mar. 29, 1977, D.C, Law 1-89, title I, § 104, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(d), 38
DCR 261; July 13, 2012, D.C. Law 19-150, § 2, 59 DCR 5132.)
Historical and Statutory Notes.-.' ;;«
Effect of Amendments
D.C. Law 19-150 designated the existing text as
subsec. (a); and added subsec. (b>.
Legislative History of Laws
Law 19-150, the "Combined Condominium Real
Property Tax Amendment Act of 2012", was intro-
duced in Council and assigned Bill No. 19-188,
which was referred 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 1
11, 2012, it was assigned. Act No. 19-356 'and,
transmitted to both Houses of Congress for its'
review. D.C. Law 19-150 became effective on July
13, 2012.
290
PROPERTY § 42-3502.17
Subchapter III. Control and Governance of Condominiums.
§ 42-1903.08. Unit owners' associations; powers and rights; deemed attorney-
in-fact to grant and accept beneficial easements.
Notes of Decisions
Amendment of complaint 6 6. Amendment of complaint
Common elements 5 • Trial court did not abuse its discretion in deny-
ing motion by condominium unit owner and its
principal to amend the complaint a third time in
Comm . on elements action against condominium owners' association for
Condominium owners association had powers vio i at ion of the Condominium Act and condomini-
under bylaws to grant a lease for a parking space um instruments> failure to make repairS) retalia .
in an area that had been a common element, .. ,, u^cj- j*. .i.
although bylaws referred only to easements and tl ° n > ^d breach of fiduciary duty, among other
licenses, where bylaws did not mention, much less <; lalms ' T here dl f °^ was closed litigation had
expressly prohibit, association's board from exer- been under W for three vears > motlon came at an
cising the broader power granted by the Condo- unnecessarily late stage in the proceeding, princi-
minium Act to grant an easement, lease, license, or P al and owner had twice been granted leave to
concession through or over the common elements. amend the complaint, and they were not preju-
Harnett v. Washington Harbour Condominium diced by the denial. Harnett v. Washington Har-
Unit Owners' Ass'n, 2012, 2012 WL 2921943. bour Condominium Unit Owners' Ass'n, 2012, 2012
Common Interest Communities ®=> 45; Common WL 2921943. Common Interest Communities ®=>
Interest Communities @=> 71 157
§ 42-1903.13. Lien for assessments against units; priority; recordation not
required; enforcement by sale; notice to delinquent owner
and public; distribution of proceeds; power of executive board
to purchase unit at sale; limitation; costs and attorneys' fees;
statement of unpaid assessments; liability upon transfer of
unit.
Notes of Decisions
1. Authority to foreclose fied statutory notice requirements, they made nu-
Even if foreclosure sale of condominium owner's merous efforts to notify owner about his payment
unit after he became delinquent on his condomini- delinquency, and due process did not require actu-
um payments implicated the Due Process Clause, al notice of the foreclosure. Harris v. Northbrook
such was not violated by notice sent to owner by Condominium II, 2012, 44 A.3d 293. Common
condominium unit owners association and manager Interest Communities ©=> 77; Constitutional Law
of condominium, as association and manager satis- ©=" 4417
SUBTITLE VII
RENTAL HOUSING.
Chapter 35
Rental Housing Generally.
Subchapter II. Rent Stabilization Program.
Section
42-3502.17. Security deposit.
Subchapter II. Rent Stabilization Program.
§ 42-3502.17. Security deposit.
(a) No person shall demand or receive a security deposit from any tenant for a rental unit
occupied by the tenant upon July 17, 1985, where no security deposit had been demanded or
291
§42-3502.17 d.c. official COKee
received of the tenant for the rental unit before July 17, 1985, but this provision shall not
prevent the collection of security deposits for newly constructed units or units exempted
under § 42-3502.05(a)(4) and (7). Security deposits shall be collected pursuant to ; the;
Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 14 DCMR 308 et seq.)."
(b) The Office of Administrative Hearings may adjudicate complaints for the non-return of
tenant security deposits and for the nonpayment of interest on tenant security deposits
pursuant to section 2908 of the Housing Regulations of the District of Columbia (14 DCMR
§§ 308 through 311). * \, , , ,: s
(July 17, 1985, D.C. Law 6-10, § 217, 32 DCR 3089; Mar. 14, 2007, D.C. Law 16-276, § 3, 54 DCR 889;
Mar. 25, 2009, D.C. Law 17-366, § 2(h); 56 DCR 1332; June 7, 2012, D.C. Law 19-140, § 2, 59 DCR
2879.) .■■:■.,.■,'.-■ •«.
■.■■■■-..■■I;-.;,.)
Historical and Statutory Notes
Effect of Amendments which was referred to the Committee on Housing .
D.C. Law 19-140, in subsec. (b), substituted and Workforce Development. The Bill was
"complaints for the non-return of for "complaints adopted on first and second readings on February
for the nonpayment of interest On". 7, 2012, and March 6, 2012, respectively. Signed •
Legislative History of Laws by the Mayor on April 9, 2012, it was assigned Act
Law 19-140, the "Tenant Security Deposits No. 19-343 and transmitted to both Houses of
Clarification Amendment Act of 2012", was intro- Congress for its review. D.C. Law 19-140 became,
duced in Council and assigned Bill No. 19-190, effective ort June 7, 2012.
.{,:;>,"; m'j jHiitjisiliikJK iiwSI .II 'iatqisibduH
-..*'■ ■. ; !f>h-f';rni-:'P l .YJ.fiO.SK-KS'.
292
DIVISION VIII
GENERAL LAWS.
TITLE 44
CHARITABLE AND CURATIVE INSTITUTIONS.
SUBTITLE I. HEALTH RELATED INSTITUTIONS.
Chapter Section
3. Grievance Procedures for Health Benefits Plans 44-301 .01
9A. Not-For-Profit Hospital Corporation. 44-951.13
SUBTITLE I
HEALTH RELATED INSTITUTIONS.
Chapter 3
Grievance Procedures for Health Benefits Plans.
Subchapter I. Grievance and Section
Appeals Procedure. 44-301.07. External grievance process.
Section
44-301.01. Definitions.
Subchapter I. Grievance and Appeals Procedure.
§ 44-301.01. Definitions.
Historical and Statutory Notes
Emergency Act Amendments Emergency Amendment Act of 2012 (D.C. Act
For temporary (90 day) amendment of section, 19-409, July 24, 2012, 59 DCR 9135).
see §' 2(a) of the Health Benefits Plan Grievance
§ 44-301.07. External grievance process.
Historical and Statutory Notes
Emergency Act Amendments Emergency Amendment Act of 2012 (D.C. Act
For temporary (90 day) amendment of section, 19-409, July 24, 2012, 59 DCR 9135).
see § 2(b) of the Health Benefits Plan Grievance
Chapter 9A
Not-For-Profit Hospital Corporation.
Section
44-951.13. Reports to the Mayor and the Council.
293
§ 44-951.13 D.C. OFFICIAL CODE
§ 44-951.13. Reports to the Mayor and the Council.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of section, see
For temporary (90 day) addition of section, see § 5016 of Fiscal Year 2013 Budget Support Con-
§ 5016 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).
"''"" ::,;ii " ; " TITLE 46 ■■ l[i . ' ' " l
DOMESTIC RELATIONS.
!;,..;■:<:;■.■:;. SUBTITLE I. GENERAL. _,. ., . ,. -.^o,;, jjvoTiSi •■',')•, ';oS .;:V
Chapter Section
3. Interstate Family Support 46-302.05
MMV SUBTITLE I
GENERAL.
Interstate Family Support. r »«
Subchapter II. Jurisdiction. . r ,,p
Section ' -'
46-302.05. Continuing, exclusive jurisdiction to
modify child-support order.
Subchapter II. Jurisdiction. '■-:</. ,(', ^ _ 1 ?!
§ 46-302.05. Continuing, exclusive jurisdiction to modify child-support order.
, Notes of Decisions ,
4. Waiver father made contradictory statements in hissuB-
Biological father under the Uniform Interstate missions to the courts, both denying he was a
Family Support Act (UIFSA) waived claim on r , : ..resident . of the District ,and. stating ,<thai he had
appeal that District of Columbia courts lacked' lived in the District inthe years" 'preceding the
territorial jurisdiction over biological mother's ac- filing of his counterclaim, and father only filed
tion for pendente lite child support, where father < Virginia' petition for child custody well after the
did not deny mothers jurisdictional allegations in expiration of the time for filing a responsive plead-
his answer and counterclaim, father instead assert- ing in the District. _ Upson v. Wallace, 2010, 3 A3d
ed that mother's jurisdictional statement was an 1148, certiorari denied 182. SJGl 203, 181 L-Ed.2d
allegation he was not required to admit or deny, 108. Children Out-of-wedlock k=> 73 ' ' "' '
TITLE 47
TAXATION/ LICENSING, PERMITS, ASSESSMENTS, AND FEES.
Chapter Section
3. Budget and Financial Management; Borrowing; Deposit of Funds . . ..... 47-355.01
4. Collection and Disbursement of Taxes 47-412.01
8. Real Property Assessment and Tax 47-81 1 .02
10. Property Exempt From Taxation 47-1086
15. Taxation of Personal Property 47-1508
294
GENERAL LAWS § 47-392.02
Chapter Section
18. Income and Franchise Taxes 47-1803.02
20. Gross Sales Tax 47-2001
22. Compensating-Use Tax 47-2201
27B. Ballpark Fee 47-2762
28. General License Law 47-2853.04
46. Special Tax Incentives. 47-4605
Chapter 3
Budget and Financial Management;
Borrowing; Deposit of Funds.
Subchapter III-B. Anti-Deficiency Section
47-392.02. Process for submission and approval
^^L"". _ „ ... of financial plan and annual District
47-355.01. Definitions. budeet
47-355.02. Limitations on expenditures and obli- g
gating amounts.
Subchapter VII. Financial Responsibility
and Management Assistance.
Part B. Establishment and Enforcement
of Financial Plan and Budget for
District Government.
Subchapter III-B. Anti-Deficiency
§ 47-355.01. Definitions.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 1102(a) of Fiscal Year 2013 Budget Support
see § 1102(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.q. Act 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764). *
§ 47-355.02. Limitations on expenditures and obligating amounts.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 1102(b) of Fiscal Year 2013 Budget Support
see § 1102(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.q. Act 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764). '
Subchapter VII. Financial Responsibility and Management Assistance.
Part B. Establishment and Enforcement of Financial
Plan and Budget for District Government.
§ 47-392.02. Process for submission and approval of financial plan and annual
District budget.
Historical and Statutory Notes
Emergency Act Amendments Emergency Act of 2012 (D.C. Act 19-383, June 19,
For temporary (90 day) amendment of section, 2012, 59 DCR 7764).
see § 8008 of Fiscal Year 2013 Budget Support
295
§ 47-^392.02
D.C. OFFICIAL CODE
'■''For temporary (90 day) amendment of section,
see § 8008 of Fiscal Year 2013 Budget Support
Congressional Review Emergency Act of 2012
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290)".
; Chapter 4 ;
Collection and Disbursement of Taxesvi!
.OS
,r,0
Subchapter I. General Provisions.
Section
47-412.01.
Time for performance of acts when ,
last day falls on Saturday, Sunday,
or legal holiday. 1
Ha 't'Jj(?nti";;iiiH
Subchapter I. General Provisions.
§ 47-412.01. Time for performance of acts when last day falls on Saturday,
Sunday, or legal holiday.
Historical and
Miscellaneous Notes
Section 4 of D.C. Law 19-155 added a section to
D.C. Law 18-363 to read as follows:
"Sec. 3a. Applicability; transition.
"(a) Sections 2 and 3 shall apply 'upon Council
approval and appointment by the Mayor of a full-
time Chairperson and a full-time Vice Chairperson
Statutory N6tes i
to the Real Property Tax Appeals Commission for
the District of Columbia.
"(b) Notwithstanding subsection (a) of this sec-
tion, the Mayor shall appoint the members of the
Real Property Tax Appeals Commission for the
District of Columbia with the advice and consent of
the Council in accordance with the provisions of
section 2(b)(3)).". .;,,.;, .;. V "■■ 3
Chapter 8
Real Property Assessment and Tax.
Subchapter IL Authority and Procedure to
Establish Real Property Tax Rates.
Section
47-850.02.
Section
47-811.02.
47-820.
47-824;'
47-825.01.
47-825.01a.
47-831.
Overpayment; credit or refund; inter-
est.
Assessments — Estimated assessment
roll; frequency of assessments.
Assessments— Notice to taxpayer;
contents.
Board of Real Property Assessments
and Appeals.
Real Property Tax Appeals Commis-
sion.
Omitted properties; void assess-
ments; notice and appeal.
,' ■.'. "■ '.'•■■ 'v;".';nitl
Residential property tax relief— One--
time filing, notification of change in
,::, eligibility,, suability ibitataft-Sudif}.
, ■ , ; Subchapter III. Miscellaneous.
47-863. Reduced tax liability fbrM'prdp"e"i#
' ',. > tisui owners over age 65 and fo&pifepfer-
' ' ty ; ' owners with disabilitae's^ rules!
''. ,■■'■'.''.'> !->«'. ..'.'.. '■ '■'■'■'■' '<• . . •'•MS! : XV-!-!:/H
Subchapter VI. Southeast Water arid Sewer '■>'
Improvement Benefit District.
47-893. Levy Of special assessment; protest;
. termination of levy.
Subchapter II. Authority and Procedure to
Establish Real Property Tax Rates. iJ ./.'':&' ■?:-■ f>
§ 47-811.02. Overpayment; credit or refund; interest.
(a) Subject to subsection (b) of this section, if there is a payment of real property tax that
results in an overpayment for a billing period or levy with priorityj the overpayment shall be:
credited in order of priority against the real property tax owing on the property for a
subsequent billing period or levy. ,i :,;,., ;. , ,■
296
GENERAL LAWS § 47-820
(b) The Mayor shall refund the payment, less the real property tax owing, to the person
who made the payment; provided, that the refund shall not be allowed unless:
(1) A claim for refund within 3 years from the date the payment was made;
(2) The Office of Tax and Revenue has corrected or changed an assessment or real
property classification under § 47-825.01a(f) which created the overpayment;
(3) The property has been so reassessed under § 47-831 that an overpayment resulted f
the periods of reassessment;
(4) The tax was abated for reasonable cause under § 47-1007; or
(5) The refund results from the grant of a real property tax exemption.
(c) A claim for refund shall be made in the manner prescribed by the Mayor.
(d) The District of Columbia shall pay interest on the overpayment beginning 90 days after
the receipt of the claim for refund.
(e) The interest payable by the District under subsection (d) of this section shall be at the
rate provided in § 47-3310(c).
(f) The owner, after seeking refund of the overpayment as set forth in this section, may,
within one year from the last day of the tax year in which the claim for refund was made, file
suit in the Superior Court of the District of Columbia in the same manner and to the same
extent as provided in §§ 47-3303 and 47-3304; provided, that the real property tax, including
any penalties and interest, shall have first been paid.
(g) This section shall not apply to an action timely filed under § 47-825.01a(g) and (h).
(June 9, 2001, D.C. Law 13-305, § 504(a)(2), 48 DCR 334; Apr. 4, 2003, D.C. Law 14-282, § 11(f), 50 DCR
896; July 13, 2012, D.C. Law 19-155, § 3(a), 59 DCR 5590.)
Historical and Statutory Notes
Effect of Amendments "§ 47-825.01a(g) and (h)" for "§ 47-825.01(j-l)
D.C. Law 19-155, in subsec. (b)(2), substituted and G'-2)".
"The Office of Tax and Revenue has" for "The Legislative History of Laws
Mayor" and "§ 47-825.01a(f)" for For history of Law 19-155, see notes under
"§ 47-825.01(h-l)"; in subsec. (g), substituted § 47-825.01a.
§ 47-820. Assessments — Estimated assessment roll; frequency of assessments.
(a)(1) The assessed value of all real property as of the valuation date shall be listed
annually on the estimated assessment roll for real property taxation purposes.
(2) Repeal.
(3) The assessed value for all real property shall be the estimated market value of such
property as of the valuation date, as determined by the Mayor. In determining the
estimated market value for various kinds of real property, the Mayor may do so manually
or through the use of an automated system or systems such as the Computer-Assisted
• Mass Appraisal System. The Mayor shall take into account any factor that may have a
bearing on the market value of the real property, including, but not limited to, sales
information on similar types of real property, mortgage, or other financial considerations,
reproduction cost less accrued depreciation because of age, condition, and other factors,
income-earning potential (if any), zoning, and government-imposed restrictions. Assess-
ments shall be based upon the sources of information available to the Mayor, which may
include actual view.
(4) Notwithstanding paragraph (3) of this subsection, in the case of a property receiving
the homestead deduction under § 47-850 or § 47-850.01 for which the most recent
assessment has been changed as a result of an appeal to the Real Property Tax Appeals
Commission for the District of Columbia in accordance with § 47-825.01a, the reasons for
the revised assessment determined by the Board shall be considered the basis for the
subsequent valuation by the Mayor, who shall take into account the written decision of the
Board and its reasoning in making the assessment, so long as the revised assessment is
rendered by the Board on or before January 1.
(5) [Not funded]
297
§ 47—820 D.C. OFFICIAIKCODE
(a-1) Notwithstanding subsection (a) of this section, the real property tax year((L998
assessed value of all real property, subject to appeal pursuant to § 47-825.01, shall be the'te'eal
property tax year 1997 assessed value; provided, that for the purposes of appeal, the
valuation date for real property tax year 1998 real property assessments shall be January 1,
1997. For purposes of determining the real property tax year 1998 assessment, the .1997
assessment with the latest date shall be the final 1997 assessment by the Mayor unless the
assessment was otherwise revised by the Real Property Tax Appeals Commission for .the
District of Columbia or the Superior Court of the District of Columbia. In the case of a
revision, the 1997 assessment shall be the assessment as determined by the Real Property
Tax Appeals Commission for the District of Columbia or the Superior Court.
(a-2) Subsection (a-1) of this section shall not affect the authority of the Mayor pursuant to
§ 47-829, to conduct a supplemental assessment of any property located in the District 1 and
shall not affect the right of a real property owner pursuant to § 47-830, to appeal from the
supplemental assessment to the Real Property Tax Appeals Commission for the District of
Columbia. ...... ■. ,.- ■ . : : : : ... ;u ,. »j
(b) Except as provided in subsection (b-1) and (b^-2) of this section, all real property shall
be' assessed no less frequently than once every 2. years, and as soon as practicable such
assessment shall be made annually. The Council may authorize and direct assessments itojbe
made annually for some or all classes of real property, except that for fiscal year 1978,' andjfor
each fiscal year thereafter, all real property shall be assessed on an annual basis. ,.50ij yni;
(b-l)(l) Beginning with tax year 1999 and for each tax year thereafter, all real property
shall be assessed at least once every 3 years and the resulting assessment shall be in .effect
for the next 3 consecutive tax years unless the assessment is otherwise revised as a psuliipf
any of the following:
(A) An appeal filed pursuant to § 47-825.01a;
(B) An administrative correction made in accordance with § 47-825.01a; >» to'.iTM
(C) A supplemental assessment conducted pursuant to § 47-829; ■ s .'.).«"
(D) A substantive change in the use of the real property; '; ' .'"
(E) A change in the zoning for the area in which the real property is located; ■ '.„
(F) A change in the classification of the real property, unless the change in classifica-
tion is in furtherance of § 47-813(c-4) due to the mergence of former classes into, a single
class by operation of law; ' ' a * i "
(G) A substantial change Occurs to the physical make up of the real property; QVusi)
(H) A substantial error occurs in the assessment of the real property:. 'n'>' ,">>> Silauiuui
(2) When real property is assessed under this section, an increase in the overall assessed
. value shall be phased in over the 3-year period of a 3-year cycle or the remaining .portion
of the cycle; provided, that under § 47-829, an increase in the imprdvemeht value under a
. supplemental assessment shall not be phased in. ... ' ■.[.,[".' ■.."''■'' -\ r
(b-2) Notwithstanding subsection (b-1) of this section, for real property tax year,-20j)2r(and
for each tax year thereafter, all real property which has completed its first 3-year cyql& "Shall
thereafter be revalued annually to determine its assessed value as of the valuation date. The
assessed value of the real property revalued under this subsection shall not be phased in and
the tax rate shall be applied to the assessed value for purposes of the tax year's levy.
(c) Repealed. ' ,'.
(d) Repealed. ■.;,<•, . ; i-
"' (e) Repealed. .',.■■■■■ v., ,.:. ;>.■.. '■■■!
.:' (f) Repealed. ■■-,'■
(Sept. 3, 1974, 88 Stat. 1053, Pub. L. 93-407, title IV, § 421; Jan, 3, 1975, 88 Stat. 2176, Pub, L. 93-635,
§ 6(c), (d); June 14, 1994, D.C. Law 10-127, § 5(c), 41 DCR 2050; Apr. 9, 1997, D.C. Law! 1-223, § 2(b),
44 DCR 111; Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 23, 1997, D.C. Law 12-40, § 101(c),
44 DCR 4859; June 9, 2001, D.C. Law 13-305, § 502(k)-(n), 48 DCR 334; Oct. 3, 2001, D.C. Law 14-28,
§ 2002(d), 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 33(e), 49 DCR 8140; Apr. 5, 2005, D.C. Law
15-272, § 2, 52 DCR 823; Feb.27, 2008, D.C. Law 17-112, § 2, 55 DCR 1864; Apr. 8, 2011, D.C. Law
18-363, § 3(g)(3), 58 DCR 963; July 13, 2012, D.C. Law 19-155, § 3(b), 59 DCR 5590.) -
298
GENERAL LAWS § 47-824
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-155, in subsec. (b-1), substituted For history of Law 19-155, see notes under
"§ 47-825.01a" for "§ 47-825.01". § 47-825.01a.
§ 47-824. Assessments — Notice to taxpayer; contents.
(a) Except as provided in subsection (b) of this section, beginning as soon as possible after
January 1, but no later than March 1, each owner of real property shall be notified of the
assessment of his or her property for the next real property tax year. The notice, or the
statement accompanying the notice, shall include:
(1) The address, lot, square, use, and class of the real property;
(2) The assessed value of the land and improvements (shown separately and in total) of
the property for the next real property tax year and such amounts for the current real
property tax year;
(3) The amount and percentage of change in assessed value for the next real property
tax year over the current real property tax year;
(4) An indication of the reason for such change in assessment;
(5) A statement of appeal procedures pursuant to § 47-825.01(f);
(6) The citation to the regulations or orders under which the property was assessed;
(7) The location of the assessment roll and sale ratio studies referred to in §§ 47-823 and
47-825.01(h) and the hours during which the information is available; and
(8) An explanation of all special benefits, incentives, limitations, or credits which relate to
real property taxes as a result of this or any other act. Included in said explanation shall
be an easily understood description of the Property Tax Deferral Program, the property
tax credit, the homestead deduction, and the incentives for the preservation of historic
properties. Each description shall include, but not be limited to, application procedures
and qualifying requirements. The title of each property tax relief program shall be
capitalized, underlined, and printed in bold type.
(b)(1) Beginning with real property assessments for Tax Year 1999 and for each real
property tax year thereafter, each owner of real property shall be notified of a proposed
change in the assessed value of the owner's real property on or before March 1.
(2) A written notice of the proposed assessment shall be required if any of the following
occurs:
(A) The assessed value of the real property increases or decreases;
(B) The classification of the real property changes;
(C) An initial assessed value is established; or
(D) A revaluation or reclassification is made.
(3) The notice required pursuant to this subsection shall include the following informa-
tion:
(A) The address, lot, square, and the classification of the real property;
(B) The current assessed value of the real property;
(C) The proposed assessed value;
(D) Except when revalued under § 47-820(b-2), the phased-in assessed value if the
proposed assessed value is higher than the prior tax year's assessed value;
(E) Repealed;
(F) A statement explaining the right of administrative appeal procedures pursuant to
§ 47-825.01a(d)(l);
(G) Repealed;
(H) Repealed;
(I) Unless published on the Internet or made available in writing to anyone who
requests it from the Office of Tax and Revenue, an explanation of all special benefits,
incentives, or deductions which relate to real property taxes; and
(J) For properties receiving the homestead deduction:
(i) The prior year's taxable assessment (determined by taking into account the
owner-occupant residential tax credit under § 47-864); and
299
§47-824 D.C. OFFICIAL" CODE
(ii) The proposed taxable assessment (determined by taking into account the owner-
occupant residential tax credit under § 47-864). '>,• ; ,'iiia
•; ■ , , (4) Notwithstanding any other law, the Mayor may notify an owner of real property pf a
proposed change in the assessed value of the owner's real property before May 2 if a delay
occurs for cause, as determined by the Mayor. If a delay for cause occurs, the Mayor shall
notify the owner of the delay within a reasonable period of time from discovery of the
cause. If a delayed notice of proposed change in the assessed value is issued under this
v ^paragraph, a petition for administrative review in accordance with § 47-825.01a(d)(l) may
'■ • 'be : filed within 30 days after the date the delayed notice is mailed in lieu of April 2.
'"(c) In addition to the information required in subsections (a) and (b) of this' section,
beginning with real property assessments for tax year 2013 and for each real property tax
year thereafter, each owner of real property with a historic landmark designation and each
owner of real property located within a historic district shall be provided, in accordance with
[§6-1109.04], information on the current' law and regulation relating to historic 1 property
improvements, including regarding: ;'■■ : " ■', .■''■ ; ;':"'iv,
' (ij Building permits; "'.'."'",'"..■..' ".'.'■'..','.'''- '.', ' ,: '.,, .
(2) Consultation with Advisory Neighborhood Commission's; "' ", :,"''. !
(3) Review by the Commission of Fine Arts; and "..
(4) Any other information that the Mayor determines would be helpful to owners of
historic properties. , ' ''■]."'
(Sept. 3, 1974, 88 Stat. 1055, Pub. L. £13-407, title IV, § 425; Oct. 13, 1978, D.C. Law 2-119, § 2, 25 1 DCR
1514; Sept. 20, 1990, D.C. Law 8-160, § 2(d), 37 DCR 4653; Mar. 17, 1993, D.C. Law 9-241, § 2(c) 1 ; 40
DCR 629; June 14, 1994, D.C. Law 10-127, § 5(e), 41 DCR 2050; May 16, 1995, D.C. Law 10-255, § 41,
41 DCR 5193; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 23, 1997, D.C. 'Law 12-40,
§ 101(d), 44 DCR 4859; Apr. 20, 1999, D.C. Law 12-264, § 52(m), 46 DCR 2118; June 9, 2001, D.C. Law
13-305, § 502(q), 48 DCR 334; Oct. 3, 2001, D.C. Law 14-28, § 2002(e), 48 DCR 6981; Sept. 19, 2006,
D.C. Law 16-159, § 2(a), 53 DCR 5385; Apr. 27, 2012, D.C. Law 19-123, § 3, 59 DCR 1707; July 13,
2012, D.C. Law 19-155, § 3(c), 59 DCR 5590.)
Historical and Statutory Notes
Effect of Amendments "(F) A statement explaining the right of appeal
D.C. Law 19-155 rewrote subsec. (b)(3)(F); and, procedures pursuant to § 47 825.01(f 1);" , ,, , ;JI)
in subsec. (b)(4), substituted "47-825.01a(d)(l)" for Legislative History of Laws m , , ; ^
"§ 47-825.01(f-l) (1)". Prior to amendment^ sub- For history of Law 19-155, see notes, under
sec. (b)(3)(F) read as follows: _ . § 47-825.01a. ,.,.. ; ' ""'
§ 47-825.01. Board of Real Property Assessments and Appeals.
Historical and Statutory Notes
Miscellaneous Notes to the Real Property Tax Appeals Commission for
Section 4 of D.C- Law 19-155 added a section to tiie District of Columbia. _ _ , f ^ (rr A ,"" UJ
D.C. Law 18-363 to read as follows: "(b) Notwithstanding ^ subjection (a) Of this sec-
„c ... ,.,., , ... tion, the Mayor shall appoint the members of the
"Sec. 3a. Applicability; transition. Rea J prop ^ y Tax j^^ Commissioh for the
, "(a) Sections 2 and 3 shall apply upon Council District of Columbia with the advice and consent of
approval and appointment by the Mayor of a full- the Council in accordance with the provisions of
time Chairperson and a full-time Vice Chairperson section 2(b)(3)).".
§ 47-825.0la. Real Property Tax Appeals Commission.
(a)(1)(A) There is established the Real Property Tax Appeals Commission for the District
of Columbia ("Commission") to review real property assessments and classifications and to
- hear other appeals. The Commission shall have jurisdiction over any appeal timely filed with
the Board of Real Property Assessments and Appeals in accordance with the provisions of
§ 47-825.01(f-l). .,.-,.■-.,■■■ ■ . , : ;';-.■.;-;
(B) The Commission shall be comprised of ■■■■;;.:,
',.; , , ,(i) A full-time Chairperson;
(ii) A full-time Vice Chairperson; ■■'...:■ ■ ■■; ;/->
300
!fl)
GENERAL LAWS § 47-825.01a
(iii) Four full-time Commissioners; and
(iv) Eight part-time Commissioners.
(C) The part-time members of the Commission shall be compensated on an hourly
basis and shall hear cases of single-family residential property or any noncommercial real
property assessed during the administrative review at $3 million or less (or under the
notice of assessment if the administrative review is unavailable); provided, that the
Chairperson may assign part-time members to hear cases of other real property
assessments.
(D)(i) The Chairperson of the Commission shall be a District of Columbia certified
general appraiser with at least 5 years of professional experience.
(ii) The Vice-Chairperson of the Commission shall be an active member of the
District of Columbia Bar with at least 5 years of real estate professional experience,
(iii) Full-time Commissioners shall have at least 5 years of professional commercial
real estate experience.
(iv) All Commissioners shall be active members of the District of Columbia Bar,
District certified general real estate appraisers, certified public accountants, mortgage
bankers, licensed District real estate brokers, or persons possessing significant real
property experience.
(E) The Commissioners shall not be elected officers of the District government.
(F)(i) The Mayor of the District of Columbia ("Mayor") shall appoint the members of
the Commission with the advice and consent of the Council.
(ii) The Mayor shall transmit to the Council, for a 90-day period of review, excluding
days of Council recess, nominations to the Commission. If the Council does not
approve, by resolution, within the 90-day period a nomination to the Commission, the
nomination shall be deemed disapproved.
(G) The Mayor shall not remove a Commissioner except for cause. A Commissioner's
unexcused failure to meet annual performance measures in any 2 years within a 3-year
period shall be among the grounds constituting cause for removal.
(H)(i) At least 6 months before the expiration of any term, a Commissioner seeking
reappointment to a new term shall file a statement with the Mayor and the Chairperson,
or the Vice-Chairperson in the case of the Chairperson seeking reappointment, specify-
ing that he or she requests reappointment to a new term ("reappointment statement"),
(ii) For a Commissioner who timely files a reappointment statement, the Chairper-
son shall prepare a record of the Commissioner's tenure with regard to the Commis-
sioner's competency and quality of performance over the period of his or her term of
service ("performance record"). The Vice-Chairperson shall prepare the performance
record of the Chairperson when he or she is seeking reappointment and has timely
filed a reappointment statement in accordance with sub-subparagraph (i) of this
subparagraph.
(iii) At a minimum, the performance record shall contain, for the immediate prior
term:
(I) All the decisions authored by the Commissioner or to which he or she was a
signatory;
(II) Data on how the Commissioner met applicable objective performance meas-
ures;
(III) The recommendation of the Chairperson or Vice-Chairperson, whichever is
applicable, as to whether the reappointment should be made; and
(P7) Any other information requested by the Mayor,
(iv) The Chairperson or the Vice-Chairperson, whichever is applicable, shall submit
the performance record to the Mayor within 60 days of the filing of the reappointment
statement.
(v) The Mayor shall consider all information received with regard to reappointment.
(2)(A) A Commissioner shall be prohibited from representing any client or business
interest before the Commission for a period of 2 years after the Commissioner's termi-
nation or resignation from the Commission. •
301
§ 47-825.01a d.c. official COBe
(B) A Commissioner shall be prohibited from reviewing an appeal involving real
property with which the Commissioner has had any financial dealings in the 2-year
period prior to the filing date of the appeal. For the purposes of this subsection, the
term "financial dealings" shall include the assessment, appraisal, purchase, sale, or rental
of the real property in question. i: ,
(C) A Commissioner shall not review an appeal for which that Commissioner has a
direct or indirect interest. , : )
(3)(A) The term ,of each Commissioner shall be 4 years, except as provided in subpara-
graph (B) of this paragraph.
(B) For the initial 12 appointments or reappointments to Commissioners for full. terms
beginning October 1, 2011: . ;»
(i) The first 3 non-leadership Commissioners appointed to the •Commission shall be
appointed for a term ending April 30, 2013. : i ;> :
(ii) The next 3 non-leadership Commissioners appointed to the Commission shall be
, ,,. . appointed for a term ending April 30, 2014. . ; , .-i, ■<• > ,,
(iii) The next 2 non-leadership Commissioners and the ViceiChairperson appointed
to the Commission shall be appointed for a term ending April 30, 2015; ,■.<■:.;■
(iv) The final 2 non-leadership Commissioners and the Chairperson appointed to the
Commission shall be appointed for a term ending April 30, 2018. * ii)
(4)(A) A vacancy on the Commission shall be, filled in the same manner that the [original
appointment was made. .';■:■■ i >"» orfj
(B) Any person appointed to fill a vacancy shall be appointed to serve for the
remainder of the term during which the vacancy arose. > , ; ,>nb
(5) Commissioners shall be employees of the District government. The Mayor shall
establish a separate salary schedule applicable to Commissioners. ' ' <a
(6) The Commission shall employ staff, including a general counsel, to provide legal
advice and such other support as is needed for the efficient operation of the Commission.
(7) The Commission shall establish a program during which all new Commission-mem-
bers receive training in the various aspects of property valuation for all classes of property,
and orientation on Commission rules and regulations. ; i'?
(b)(1) Except as provided in subsection (c) of this section, a majority of the Commission
shall constitute a quorum for transacting business. ' • 1 "
(2) Pursuant to subchapter I of Chapter 5 of Title 2, the Commission shall issue rules of
organization and procedure which shall be consistent with all applicable provisions of
subchapter I of Chapter 5 of Title 2. ".-,
(3) The Commission shall meet at least 4 times annually for administrative matters. All
administrative meetings of the Commission shall be open to the public. The. Commission
shall publish notification of the meetings in the District of Columbia .Register, and shall
make copies of minutes of the meetings available to the public. ....
(c)(1)(A) Each appeal to the Commission shall be reviewed by a panel of the Commission.
The number of Commissioners on a panel shall be as follows: • • r .. r + rr t - - ■,
r /'.':. J liJ '.ifj.Of.-JI )M! > Oil! J:/ K " '
(i) In the case of a single-family residential property or any noncommercial real
property assessed during the administrative review ; at j: $p -million orjisss (or under the
notice of assessment if the administrative review is unavailable), a "one-Commissioner
panel shall be convened; provided, that a panel described in sub-subparagraph (ii) of
this subparagraph shall be convened at the direction of the Chairperson or if both the
appellant and the Office of Tax and Revenue ("OTR") request the a multi-Commission-
er panel.
(ii) In the case of all other real property, a 3-Commissioner panel shall be convened;
provided, that a 2-Commissioner panel may be convened if the appellant and OTR
agree. • : ■•
(B) A stipulation signed by OTR and the owner that resolves a matter may be
approved by the signature of one Commissioner. < : ■';)
(2) No 3 Commissioners shall serve exclusively together on the same panel for more than
onetaxyear. < . •:'. ■-■; ,; .i .,.,.;;;ii
302
GENERAL LAWS § 47-825.01a
(3) Each decision of the Commission shall be in writing and shall contain a detailed
statement of the basis for the decision. Each decision shall be signed by the deciding
Commissioner. In the case of an appeal heard by a multi-Commissioner panel, each
Commissioner who participated in the hearing and deliberations shall sign the opinion and
indicate whether he or she agreed with or dissented from, the decision of the panel.
(4) The Commission shall publish on the Internet with respect to each decision of the
Commission:
(A) The assessment and classification resulting from the administrative review;
(B) The assessment and classification determined by the Commission; and
(C) The names of the Commissioners of the Commission who were on the panel that
established the assessment or classification, or both, indicating whether the participating
Commissioner agreed with, or dissented from, the decision of the panel.
(5) Every decision filed by the Commission shall be maintained by the Commission for 3
years and shall be made available for examination and photocopying by any requestor. All
costs associated with photocopying shall be paid for by the requestor. This subsection shall
not affect the confidentiality of valuation records as provided in § 47-821(d)(2), tax returns,
aiid information that is personal in nature.
(6) All meetings of the Commission, including hearings of individual appeals, shall be
open to the public. All information presented at Commission meetings, including individual
appeals, shall be available for public inspection. Notwithstanding the foregoing, valuation
records protected under § 47-821(d), tax returns, and information that is personal in
nature shall not be available for public inspection and discussion of same during a hearing
shall be in camera.
(7) By appealing to the Commission, a real property owner consents to OTR disclosing
during the course of the owner's appeal any tax information that the owner has provided to
OTR under this title or included on the owner's Real Property Recordation and Transfer
Tax Form filed with OTR pursuant to Chapter 11 of Title 22.
(8) Any appraisal submitted to the Commission by the owner or OTR shall be subject to
full disclosure to the Commission, the owner, and OTR. Information provided under this
subparagraph shall be subject to the nondisclosure of valuation records provided in
§ 47-821(d)(2).
(d) A petition to the Office of Tax and Revenue for an administrative review shall
proceed as follows:
(1) On or before April 1 of the immediately preceding tax year, an owner may petition
OTR for an administrative review of the real property's assessed value or its classification
that shall be in effect for the tax year at issue.
(2) If real property is transferred to a new owner during the tax year immediately
preceding the tax year for which the proposed assessed value or classification shall be in
effect, the new owner may petition OTR for an administrative review of the assessed value
or classification that shall be in effect for the tax year by the later of April 1 of the
immediately preceding tax year or within 45 days after the date of transfer to the new
owner that occurred during the immediately preceding tax year; provided, that no other
petition or appeal of the proposed assessed value or classification for the tax year shall have
been filed for the real property.
(3) OTR may change a proposed assessed value or classification in accordance with a
final determination made on a petition for administrative review.
(4) A final determination by OTR shall pertain to the value or classification of the real
property for the tax year at issue.
(5) A petition for an administrative review under this paragraph shall:
(A) Be filed on a form and in the manner prescribed by OTR; and
(B) Contain all documents as required under this section and as prescribed by OTR.
(e) An appeal to the Commission shall proceed as follows:
(1)(A) If an owner is aggrieved by a notice of final determination on a petition for
administrative review, the owner may file an appeal from the proposed assessed value or
classification with the Commission within 45 days after the date of the notice of final
determination. An owner may supplement the original filing if new information has
become available that was not available prior to the filing deadline by delivering a copy of
303
§ 47-825.0ia D.C. OFFICIALI:CS0I5E>
the supplemental filing to the Commission and OTR no later than 20 days after the filing of
the appeal; provided, that a hearing shall not occur within 20 days from the date o'Mhe
delivery of the supplemental filing. All notices of final determination shall be accompanied
by the assessor's worksheets indicating the rationale for the determination, if the asse^s-
■ ment is raised or lowered. If a notice of final determination on a petition for- 'an
administrative review brought under subsection (1) and (2) of this section and the assessor's
worksheets relating thereto, if required, are not mailed to the owner by August 1 preceding
the tax year, the owner may appeal the proposed assessed value or classification to the
Commission by September 30 preceding the tax year; provided, that if a delayed notice is
issued under § 47-824(b)(4), September 1 and October 15 of the tax year , shall be
substituted for August 1 and September 30, respectively. ;l ' ; , »
(B)(i) If an owner is aggrieved by a notice of final determination issued pursuant to
; ■ § 42-3131.15 or a notice of final determination issued under § 47-813(d-l)(4A),< the
owner may file an appeal on the determination of vacancy with the Commission within 45
days after the date of the notice. Notwithstanding any other provision of this section,
the Commission shall render a decision on the appeal within 120 days after the filing.
(ii) An appeal to the Commission under this' subparagraph shall be : on" the Same
terms and under the same conditions, to the extent reasonable, as if the appear were
; brought under subparagraph (A) of this paragraph; except, that no worksheet shall be
required to be mailed, the Department of Consumer and Regulatory Affairs ("DCRA")
shall be the responsible agency, and any supplemental filing shall be provided to the
Commission and DCRA. . ■' >■ ••'■
(iii) A response from DCRA shall be available for inspection at least 7 days before
the scheduled hearing. ! ' , .'_.' .,
(iv) DCRA shall have the authority, as provided to OTR under subsection (f) of this
section, to make redeterminations of vacancy and blight and any reclassifications that
may be necessary.
(v) DCRA shall be entitled to a rehearing to establish the proper status, vacant or
blight, and tax classification of the real property under the same conditions and to the
same extent under paragraph (6) of this subsection; provided, that paragraph (6)(D) of
this subsection shall not apply.
(2)(A) An appeal under paragraph (1)(A) of this subsection or paragraph (4)(A) of this
! ' subsection shall:
(i) Be filed on a form and in the manner prescribed by the Commission;- and !
(ii) Contain all documents (including OTR's final decision and response given to the
appellant), as prescribed by the Commission; and
(iii) Include income and expense statements as required to, be. filed .under
§ 47-821(d)(l) for the 2 preceding calendar years. ;., -,,
(B) All information in support of the petition shall be submitted by the appellant at the
time the appeal is filed, except that the appellant shall have the right to rebut any new
evidence submitted by OTR in response to the appeal (and any supplement thereto), that
was not previously raised during the administrative review and the Commission .may
request additional information it considers necessary. ;;)
(C)(i) At least 30 days prior to the hearing or rescheduled hearing befofenthe
. Commission, the Commission shall provide to OTR a copy of the appeal with all
documents and attachments related thereto and the date that the hearing is scheduled.
(ii)(I) Notwithstanding any other provision in this subparagraph: (V.)
(aa) If the assessor's worksheet is mailed with the notice of final determination
to the owner, the worksheet shall be deemed to be the response of OTR 1 to the
owner's appeal before the Commission, as the response may be amended by
■v-i ,, subsequent filings as provided in this subparagraph, and the response shall not be
, , : required to be filed by OTR with the Commission before the hearing.
(bb) If the assessor's worksheet is not mailed with the notice of final determina-
tion because the proposed assessment was not changed as a result of the notice of
*= ' final determination, a response from OTR shall not be required. -
304
GENERAL LAWS § 47-825.01a
(cc) If OTR's response is amended, OTR shall provide a copy of its. amended
response to the owner's appeal to the Commission as provided in sub-subpara-
graphs (ii) and (iii) of this subparagraph.
(II) OTR shall make any response filed with the Commission available to the real
property owner for inspection and copying at least 7 days before the scheduled
hearing. Any charges for copying by OTR shall be at cost.
(III) For cases involving single-family residential property, at least 10 days prior
to the scheduled hearing, OTR shall send electronically or mail a copy of the
response that was filed with the Commission to the owner.
(IV) Except as provided in sub-sub-subparagraph (i) of this subparagraph, any
evidence not submitted in accordance with this subparagraph shall be excluded by
the Commission at hearing.
(iii) If a hearing is rescheduled, response due dates shall be readjusted as if the date
of the rescheduled hearing were the date of the original hearing.
(3) The Commission or a Commissioner may compel the attendance of witnesses,
administer oaths or affirmations, and examine appellants and other witnesses under oath.
(4)(A) The Commission, by decision, may change:
(i) A proposed assessed value;
(ii) A proposed classification;
(iii) A decision on homestead, senior, or disabled benefit eligibility; and
(iv) Any other determination on a matter for which jurisdiction is specifically
conferred by law.
(B) A decision by the Commission shall pertain to the assessed value of, classification
of, or any matter (for which jurisdiction is conferred) concerning the real property for the
tax year at issue.
(C)(i) If an assessment of a real property is under appeal to the Commission, or is
otherwise brought before the Commission, under this section, the Commission shall
determine the estimated market value of the real property for the applicable tax year.
(ii) The Commission shall raise or lower the estimated market value of any real
property that it finds to be more than 5% above or below the estimated market value
for any assessment appealed by an owner.
(iii) The assessment, shall be presumed correct. The owner shall demonstrate by a
preponderance of the evidence that the assessment of the real property does not
represent the estimated market value or that the classification of the real property is
erroneous.
(iv) The Commission shall not order an increase of the assessed value of any parcel
of real property above its estimated market value or a decrease of the assessed value
of any parcel of real property below its estimated market value solely on the basis of
average ratio studies comparing sales and assessments, unless the studies are the
primary basis for the assessment or reassessment of the concerned real property in
question.
(5) The Commission shall notify OTR of any decision on an appeal from a proposed
assessed value, classification, or determination of vacancy at the same time that the
Commission notifies the owner.
(6)(A) OTR or an owner aggrieved by a proposed assessed value or classification may
seek a rehearing before the Commission. The Commission, in its discretion, may rehear or
reject a request to rehear an appeal.
(B) Within 15 days after the date on which the Commission transmits its decision, the
owner or OTR, by written notice to the Chairperson, may request the rehearing. If a
rehearing is granted, the other party shall have 10 days after date of mailing or
electronically transmitting notice in which to prepare and file with the rehearing panel a
response to the hearing.
(C) In the case of a rehearing, a 3-Commissioner panel shall be convened consisting of
the Chairperson, Vice-Chairperson, and a Commissioner who was a member of the panel
that heard the underlying appeal.
305
§ 47-825.01a d.c. official! ©ode
(D) A rehearing shall be granted as a matter of right if the decision of an appeal
changes the proposed assessed value of a real property, excluding single-famjly residen-
tial property, by at least 20% or $10 million, whichever is less.
(E) No decision of the Commission shall be changed upon rehearing except upon a
i finding of plain error. The burden of proof shall be upon the moving party to
demonstrate plain error.
(F) The rehearing shall not be a hearing de novo and shall be considered a continua-
,■-. tion of the original hearing before the Commission.
(7)(A) By February 1 of each year, all pending real property appeals cases filed in the
prior calendar year shall be decided by the Commission. , , :
(B) Subject to subparagraph (A) of this paragraph, after the completion of the hearing,
the Commission shall have 30 days to decide a residential real property case. and 80 days
to decide a commercial case real property case. .:, ,
(f)(1) OTR may make an administrative or clerical correction to an assessment only for the
current or immediately succeeding tax year; provided, that: ,..,.- -.-jy ,;;■,
(A) The notice of correction under this paragraph shall be, mailed, by certified , or
registered mail to the owner's address of record; and . . , i,:. /,.,.. '•■ ■.■■"," u' )
(B) Within 45 days from the date of the notice, the owner may petition for an
administrative review of the notice and appeal from a final determination thereof in the
same manner and to the same extent as if the petition were filed under subsection (e) of
this section. ■ ■'"' ! ! >! '''■■■
(2) Notwithstanding § 47-820(a-^l), OTR may change an assessment or real property
classification which is the result of a substantial error that would cause an injustice to the
■ Owner for the immediately succeeding, current, or preceding 3 tax years. '•. i, yf)
(g) Except as provided in § 47-830, an owner aggrieved by a proposed assessed' Value or
classification may appeal the proposed assessed value or classification to the SuperioPCourt
of the District of Columbia in the same manner and to the same extent as provided in
§§ 47-3303 and 47-3304 by September 30 Of the tax year; provided, that the owner shall) have
in good faith first appealed the assessed value or classification to the Commission immediately
preceding the appeal to the Superior Court of the District of Columbia.
(h) If an owner's second-half installment payment is placed on extended billing under
§ 47-811(b) to a date after September 15 of the tax year, the owner shall have 15 days after
the payment due date to appeal to the Superior Court of the District of Columbia the
proposed assessed value or classification in the same manner, to the same extent, and Subject
to the same limitations and requirements as provided in subsection (g) of this section ^except
the filing deadline shall be as provided in this subsection). > '
(i) Notwithstanding the definition of owner and taxpayer in § 47-802(5) to include persons
other than the owner of record of real property, the owner of record of real property shall
retain the right to appeal an assessment under this section. '
(j)(l) By October 1 of the next succeeding tax year, the Commission shall present to the
Council and to the Mayor an annual report on its operations for the tax year. The, report
shall include the following: . , ,.. : ; . ..., ; .
(A) The total number of appeals heard and decided by the: Commission; ;; '■-■■■ >;:.;
(B) A breakdown of appeals decided by class of real property as >jthose classes are
defined in § 47-813, stating the following for each class: • ,. ,■>,, ■ .•:.,', ,:<
(i) The number of assessments sustained; '; , ':;,,,, ■,)■;
(ii) The number of assessments increased; ■.:■■>■■.■ .".:■■);,■■>•:
(iii) The number of assessments decreased;
(iv) The percentage of the increased, decreased, and sustained assessments; "'
(v) The gain and loss in assessed value; ......
(vi) The revenue gain to the District as a result of the increases by the tax year; ^
(vii) The revenue loss to the District as a result of decreases by the tax year; and
(viii) The net revenue impact on the District as a result of the Commission's
decisions; ■<->
306
GENERAL LAWS
§ 47-831
(C) An analysis of the Commission's operations for the year, including the identifica-
tion of any problems and recommendations for dealing with the problems; and
(D) A listing, for each Commissioner, of the total number of appeals heard and
decided.
(2) The District of Columbia Auditor shall perform a management audit of the activities '
of the Commission at least once every 3 fiscal years (or sooner as considered appropriate
by the Auditor) or upon request of a Councilmember, and report the findings to the
Council.
(Apr. 8, 2011, D.C. Law 18-363, § 2(b)(3), 58 DCR 963; July 13, 2012, D.C. Law 19-155, § 2(a), 59 DCR
5590.)
Historical and Statutory Notes
Effect of Amendments
D.C. Law 19-155, in subsec. (a)(1)(A), inserted
the following sentence: "The Commission shall
have jurisdiction over any appeal timely filed with
the Board of Real Property Assessments and Ap-
peals in accordance with the provisions of
§ 47-825.01(f-D." ; rewrote subsec. (a)(l)(B)(iv);
in subsec. (a)(1)(G), inserted the following sen-
tence: "A Commissioner's unexcused failure to
meet annual performance measures in any 2 years
within a 3-year period shall be among the grounds
constituting cause for removal."; added subsec.
(a)(1)(H); rewrote subsec. (c)(7); in subsec.
(e)(1)(A), substituted "20 days after the filing of
the appeal; provided, that a hearing shall not
occur within 20 days from the date of the delivery
of the supplemental filing" for "10 days after the
filing of the appeal"; rewrote subsec. (e)(1)(B);
and, in subsec. (g), substituted ""tax year; provid-
ed, that the owner shall have in good faith first
appealed the assessed value or classification to the
Commission immediately preceding the appeal to
the Superior Court of the District of Columbia."
for ""tax year." Prior to amendment, subsecs.
(a)(l)(B)(iv), (c)(7), and (e)(1)(B) read as follows:
"(iv) Six part-time Commissioners,"
"(7) By appealing to the Commission, a real
property owner consents to disclosure of tax infor-
mation to the Commission as considered necessary
by the Commission or OTR."
"(B) If an owner is aggrieved by a notice of final
determination issued pursuant to § 42-3131.15 or a
notice of final determination issued under
§ 47-813(d-l)(4A), the owner may file an appeal
on the determination of vacancy with the Commis-
sion within 45 days after the date of the notice.
Notwithstanding any other provision of this sec-
tion, the Commission shall render a decision on the
appeal within 120 days after the filing."
Legislative History of Laws
Law 19-155, the "Real Property Tax Appeals
Commission Establishment Act of 2012", was intro-
duced in Council and assigned Bill No. 19-271,
which was referred 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. 19-362 and
transmitted to both Houses of Congress for its
review. D.C. Law 19-155 became effective on July
13, 2012.
Miscellaneous Notes
Section 4 of D.C. Law 19-155 added a section to
D.C. Law 18-363 to read as follows:
"Sec. 3a. Applicability; transition.
"(a) Sections 2 and 3 shall apply upon Council
approval and appointment by the Mayor of a full-
time Chairperson and a full-time Vice Chairperson
to the Real Property Tax Appeals Commission for
the District of Columbia.
"(b) Notwithstanding subsection (a) of this sec-
tion, the Mayor shall appoint the members of the
Real Property Tax Appeals Commission for the
District of Columbia with the advice and consent of
the Council in accordance with the provisions of
section 2(b)(3)).".
Section 5 of D.C. Law 19-155 provides:
"Sec. 5. Applicability.
"This act shall apply upon Council approval and
appointment by the Mayor of a full-time Chairper-
son and a full-time Vice Chairperson to the Real
Property Tax Appeals Commission for the District
of Columbia."
§ 47-831. Omitted properties; void assessments; notice and appeal.
(a) If the Department of Finance and Revenue shall learn that any property liable to
taxation has been omitted from the assessment for any previous year or years, or has been so
assessed that the assessment made was void, it shall be a duty at once to reassess this
property for each and every year for which it has escaped assessment and taxation, and
report the same, through the Assessor, to the Collector of Taxes who shall at once proceed to
collect the taxes so in arrears as other taxes are collected; provided, that no property which
has escaped assessment and taxation shall be liable under this section for a period of more
than 3 years prior to such assessment, except in the case of property involved in litigation. In
addition to the duties of the Assessor hereinbefore provided, it shall be the duty of the
307
§ 47^831 d.c. officiaekgode
Assessor upon reassessment as herein provided to notify the owner by writing of the) fact of
such reassessment. An owner aggrieved by a reassessment made under this section' "may,
within 45 days from the date of the notice, petition for an administrative review: of the
reassessment and appeal from a final determination thereof, to the same extent as if the
' appeal were filed under 47-825.01a(d)(2).
(b) This section shall not apply when the owner has a duty to notify the Collector of Taxes
of the cessation of eligibility for a deduction, classification, exemption; or deferral.
(Aug. 17, 1937, 50 Stat. 693, ch. 690, title IX, § 5(d); May 16, 1938, 52 Stat. 372, ch. 223, § 8; July 29, 1970,
84 Stafc 580, Pub.L. 91-358, title I, § 161(a)(5); enacted, Apr, 9, 1997, D.C. liaw 1-1-254, ,§' 2; !44 DCR
1575; June 9, 2001, D.C. Law 13-305, § 502(u), 48 DCR 334; Apr. 4, 2003, D.C. Law 14-282, § ll'(j), 50
DCR 896; Oct, 20, 2005, D.C. Law 16-33, § 1143(b), 52 DCR 7503; July 13, 2012, D.C. Law 19-155,
§ 2(b), 59 DCR 5590.) .;;, l ;;,'.>!;:i:- 1 r::i(i;^]
Historical and Statutory Notes , : "' " . '.'..'",, ;
Effect of Amendments review, and appeal from- a final determination
D-C. Law 19-155, in subsec. (a), substituted ", thereof, in the same manner and to the same
within 45 days from the date of the notice, petition extent as a new owner under § 47-825.01 (f-1)".
for. an administrative review of the reassessment *■-,,.„. t. ?*
and appeal from a final determination thereof, to Legislative History of Laws
the same extent as if the appeal were filed under , For history of Law 19-155, see notes under
47-825.01a(d)(2)" for "petition for administrative § 47-825.01 a. - - ',,,;
§ 47-850.02. Residential property tax relief— One-time filing, notification of
change in eligibility, liability for tax, audit. ''!
(a) The application form filed by the individual, shareholder, or member shall apply to the
initial tax year, or applicable installment, and to any succeeding tax year thereafter for which
the deduction is allowed. i!
(b)(1) If a real property no longer qualifies as a homestead, the applicant (or current owner
if there is no applicant) shall notify the Mayor of the date of the change in eligibility within 30
days after the change in eligibility. If the applicant (or current owner if there is no applicant)
fails to notify timely, the deduction shall be rescinded without limitation for each tax year.
Penalty and interest shall be added from the day the correct amount of tax was due but not
paid.
(2) Notwithstanding paragraph (1) of this subsection, if the real property is transferred
and continued to qualify as a homestead 30 days or less before the date of execution of the
deed of transfer, the applicant shall not be required to notify the Mayor of the change., in
■ eligibility. _ ■' ' , ' . .,,
(3) If the tax is paid within 30 days of the, corresponding bill, timely notification ,of the
change in eligibility shall preclude assessment of penalty and interest.. ; ■■•■ ,.>.■' > >/i , ■, ;
(4) If the change in eligibility occurs during the period October 1 through March ;31" of
the tax year, the real property shall not be entitled to any deduction; during the tax year;
(5) Notwithstanding §§ 47^850(a) and 47-850.01(a), if the change 1 in eligibility occurs
during the period April 1 through September 30, the real property shall : be.'entitled to 1/2 of
the deduction, which shall be applied to the first installment only. '. " ; ; ' . in "' '; ' ' ' ' "
(6)(A) Notwithstanding the rescission of the deduction pursuant.to paragraphs (4) and 0)
of this subsection, if all of the applicant's ownership interest in the real property is
transferred to a new. owner, shareholder, or member who does not apply or qualify for .the
deduction, the real property Shall be entitled to the apportioned amount of the deduction
. applicable to the installment payable during the half tax year during which the ownership
interest was transferred. At the end of such half tax year, the deduction shall cease;
(B) If the applicant purchases another real property or interest in a housing cooperar
.; tive for which he or she shall make application for the deduction, and the application and
purchase occurs during the same half tax year when the transfer occurred, §§ 47-850(d),
47-850.01(b), and 47-850.04 shall not apply to the extent that both real properties may
benefit from the deduction during that half tax year and, thereafter, only the newly
purchased real property or housing cooperative in which the applicant acquired newly an
- interest shall benefit from the applicant's deduction. .,-■■.;
308
GENERAL LAWS § 47-850.02
(C) Notwithstanding the foregoing, a real property shall not benefit from more than
one deduction in any half tax year; provided, that in the case of a housing cooperative,
the real property shall not benefit from more than one deduction related to a dwelling
unit in any half tax year.
(b-1) Within 45 days from the date of the notice rescinding or denying the deduction, the
owner may petition for an administrative review of the rescission or denial and appeal from a
final determination thereof to the same extent as if the appeal were filed under
§ 47-825.01a(d)(2).
(c) If real property tax is owing as a result of an erroneous or improper deduction, the
following shall apply:
(1) Except in the case of cooperative housing associations, if the real property was
transferred, the applicant or former owner, and not the real property shall be personally
liable for the amount of the delinquent real property tax which was not paid timely during
the period when the applicant or former owner had an ownership interest in the homestead,
together with interest and penalty at the same rate as provided in this chapter for the late
payment of real property tax. The tax shall be considered due on the date that the total
amount of real property tax was due but unpaid and shall be collected in the manner
prescribed under Chapter 44.
(2) Notwithstanding paragraph (1) of this subsection, if the homestead was transferred
and the grantee failed to record timely a deed under § 47-1431 (or other evidence of the
transfer in the case of a cooperative housing association), the real property shall be liable
for the amount of the delinquent real property tax which was not timely paid, together with
interest and penalty as provided in this chapter for the late payment of real property tax.
(3) In all other cases, the real property shall be liable for the amount of the delinquent
real property tax which was not paid timely, together with interest and penalty as provided
in this chapter for the late payment of real property tax.
(d)(1) The Mayor may contract with a collection agency inside or outside of the District to
verify the contents of any application form or return for the purposes of determining the
eligibility of any homestead.
(2) All funds collected by the collection agency and belonging to the District shall be
remitted to the Mayor not less than once a month. Forms to be utilized for the
remittances may be prescribed by the Mayor. The Mayor may require that the collection
agency furnish a bond securing compliance with the provisions of this subsection and the
contract with the District.
(3) At the discretion of the Mayor:
(A) The collection agency may charge a collection fee not in excess of 25% of the total
amount of the delinquent taxes, excluding penalties and interest, that is actually
collected; or
(B) The collection agency may be remunerated by fee, percentage of taxes collected, or
both.
(4) Notwithstanding any other provision contained in this title, confidential information
related to the owner of the real property may be provided to a collection agency for
purposes of collecting a delinquent tax under this chapter. If the information is provided
to a collection agency under this subsection, the collection agency shall not disclose the
information to a third party, other than the owner (or his or her representative), unless the
Mayor would be authorized by law to make the disclosure. A collection agency, or
employee of a collection agency, violating the provisions of this subsection shall be guilty of
a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or
• imprisoned for not more than 180 days, or both. All prosecutions under this paragraph
shall be brought in the Superior Court of the District of Columbia on information by the
Attorney General for the District of Columbia in the name of the District of Columbia.
(June 25, 2002, D.C. Law 14-147, § 2(e), 49 DCR 4219; June 5, 2003, D.C. Law 14-307, § 1303(e), 49 DCR
11664; Mar. 13, 2004, D.C. Law 15-105, § 80(c)(2), 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354,
§ 73(b)(5), 52 DCR 2638; Aug. 15, 2008, D.C. Law 17-216, § 4(d), 55 DCR 7500; Mai-. 25, 2009, D.C. Law
17-345, § 2(c), 56 DCR 962; July 13, 2012, D.C. Law 19-155, § 2(c), 59 DCR 5590.)
309
§ 47-850.02 D.C. OFFIClALSeiGHDE)
Historical and Statutory Notes *»)
Effect of Amendments owner if there is no applicant) fails' to notify'&mely,
D.C. Law 19-155 rewrote subsec. (b-1), which the deduction shall be rescinded without limitation
formerly read: for each tax year. Penalty and interest sh&U be
■ "(b)(1) If a real property no longer qualifies as a adde , d f -0 ™ the da y the correct am0unt of ta W s
homestead, the applicant (or current owner if there ™e but not paid. / ■o.iraro
is no applicant) shall notify the Mayor of the date Legislative History of Laws ., [ ;;n f}
of the change in eligibility within 30 days after the For history of Law 19-155, see notes under;
change in eligibility. If the applicant (or current § 47-825.01a.
Subchapter III. Miscellaneous. ' "
§47-863. Reduced tax liability for property owners over age 65 and for
property owners with disabilities; rules. < ' !
(a) For the purposes of this section, the term: , . ,,. <,;:,,;.;, : • ■„>■.■..'■', ',:.■}
(1) "Adjusted gross income" shall have the same meaning as in section 62 of the Internal
Revenue Code of 1986, approved August 16, 1954 (68A .Stat, 17;-; 26 U i S.O,n§,.62).
(1A) "Eligible household" means: : v: :i 'V'^ ■ ■'v '->■'•■■': -vViq
(A) In the case of a house or condominium, an individual's residence: ■•'.; (X)
(i) That comprises a dwelling unit; ■■■' : — ■',' ' '■ "' < i' r < " ;; ' < '" /" /'^ihiKJ
(ii) That is Class 1 Property, as defined in § 47-813, and contains not hiore'fflWn 5
dwelling units therein; , .'*™
(iii) That is owned at least 50%, in whole or in part, by the individual who: „ '
(I)(aa) Is 65 years of age or older; and --m hi-fi
(bb) Whose household adjusted gross income is less than $125,000; or, ;.;i,{j £I )
(II)(aa) Has been determined to have a permanent and total disability by /r the
Social Security Administration, is receiving Supplemental Security Income or Social
Security Disability, is receiving railroad retirement disability benefits, or is receiving
federal or District of Columbia government disability payments; and '''""
(bb) Whose household adjusted gross income is less than $125,000. (}'■'
(B) In the case of a cooperative housing association that is Class 1 Property,' as
definedin§ 47-813, a shareholder's- of member's residence:
(i) That comprises a dwelling unit; ,, ,, ; ,,. , , ,.^ „ \ t „'
(ii) That is owned at least 50%, in whole or in part, by the individual who: f .., ,
(I)(aa) Is 65 years of age or, ol^der; and ■.,.,,.,-.,. .•:,;;, >< ,•)
(bb) Whose household adjusted grqss income is less than $ 100,000; or , ilf ,, ( ; .
(II)(aa) Has been determined to have a permanent and total disablity-'by the
Social Security Administration, is receiving ; Supplemental Security ^Income; prj Social
Security Disability, is receiving railroad retirement disability benefits, or is receiving
federal or District of Columbia government disabilitypayments; and; ,. K n .^
(bb) Whose household adjusted gross income is less'than $ 100,000; and - ; ■■■,.{,,.,-
(iii) That, by reason of his or her ownership of stock of membership certificate,} a
proprietary lease, or other evidence of membership, is occupied by right by (the
shareholder or member with at least a 50% interest which permits the occupatiomof
the dwelling unit.
(2) "Household adjusted gross income" means the adjusted gross income of all persons
■ residing in a household, as determined by each person's federal income tax year ending
immediately before the beginning of the real property tax year during which the deduction
provided under subsection (b) of this section shall be applicable, excluding the adjusted
gross income of any person who is a tenant by virtue of a written lease for fair market
value. ;.,'/,i
(3) "Residence" means the principal place of residence in the District of an individual,
shareholder, or member who is domiciled in the District that is located on a lot that, is:
entitled to the homestead deduction provided under § 47-850 or § 47-850.01 for the feali
310
GENERAL LAWS § 47-863
property tax half year to which the deduction provided under subsection (b) of this section
shall be applicable.
(4) Repealed.
(5) "Taxable assessment" means the assessed value of the real property, reduced, if
applicable, by the credit under § 47-864 or the deduction under § 47-850.
(b)(1) In the case of a house or condominium, an eligible household shall be eligible for a
50% deduction in computing real property tax liability. The deduction shall be computed by,
multiplying the tax rate by 50% of an amount equal to the current tax year's taxable '
assessment. The deduction shall be apportioned equally between each installment during a
tax year and shall not be carried forward or carried back,
(2)(A) In the case of a cooperative housing association, the deduction shall be computed
by multiplying the tax rate by 50% of an amount equal to the current tax year's taxable
assessment attributable to the eligible household. The deduction shall be apportioned
equally between each installment during a tax year and shall not be carried forward or
carried back.
(B) The taxable assessment attributable to the eligible household shall be determined
in the same manner as the cooperative housing association was assessed under
§ 47-820.01, including any prorations thereunder.
(c)(1) In the case of a house or condominium, and to qualify the eligible household to
receive the deduction, the individual shall complete and file with the Mayor an application in a
form prescribed by the Mayor. The individual shall certify, under penalty of perjury, the
information provided on the application form and the application form shall be filed in the
manner prescribed by the Mayor. The Mayor may require the individual to provide any
information which the Mayor considers necessary, including all taxpayer identification num-
bers of the individual, any other owner, any person with legal or equitable title, and any
person in the household of the individual. The Mayor may also require the individual, any
other owner, any person with legal or equitable title, and any person in the household of the
individual to submit information after the deduction has been allowed to determine whether
the real property remains an eligible household and entitled to the deduction.
(2)(A) For the cooperative housing association to qualify and receive the deduction, the
shareholder or member shall complete and file with the Mayor an application in a form
prescribed by the Mayor. The shareholder or member shall certify, under penalty of
perjury, the information provided on the application form, and the application form shall be
filed in the manner prescribed by the Mayor. The Mayor may require the shareholder or
member to provide any information which the Mayor considers necessary, including the
taxpayer identification numbers of the shareholder or member, any other person with an
ownership or membership interest, and any person in the household of the shareholder or
member. The Mayor may also require the shareholder or member, any other person with
an ownership or membership interest, and any person in the household of the shareholder
or member to submit information after the deduction has been granted to determine
whether the cooperative housing association remains entitled to the deduction . for the
eligible household.
(B) The Mayor may require the officers or managers of the cooperative housing
association to distribute the application forms to its shareholders or members and to
collect the completed application forms from the shareholders or members for return to
the Mayor. Officers and managers of a cooperative housing association shall submit such
other information as the Mayor may require.
(C) The deduction shall be passed on to the eligible household by the cooperative
housing association during the corresponding tax year,
(d) If a properly completed and approved application is filed during the period October 1
through March 31 of the tax year, the real property shall receive the deduction for the entire
tax year. Notwithstanding subsection (b) of this section, if a properly completed and
approved application is filed during the period April 1 through September 30, the real
property shall receive 1/2 of the deduction, which shall be applied to the second installment
only.
311
§:&7-863 d.c. official} cobej
t a(e) The application form filed by the individual, shareholder, or member shall apply to* the
initial tax year, or applicable installment, and to any succeeding tax year thereafter for which
the deduction is allowed. , ;•,
' i (f)(1) If the eligible household no longer qualifies for the deduction, the applicant (or
former owner if there is no applicant) shall notify the Mayor of the date of the change in
eligibility within 30 days after the change in eligibility. If the applicant (or former owner if
there is no applicant) fails to notify timely, the deduction shall be rescinded without limitation,
for each tax year. Penalty and interest shall be added from the day the correct amount of'
tax 1 was due but not paid. *'
(2) Notwithstanding paragraph (1) of this subsection, if the eligible household is transrj
ferred and continued to qualify for the deduction 30 days or less before the date' of
'execution of the deed of transfer, the applicant shall not be required to notify the Mayor of
the change in eligibility. : ''■•■' ~hii ' ,rf
(3) If the tax is paid within 30 days of the corresponding bill, timely notification of ■ the
"■'changein eligibility shall preclude assessment of penalty and interest. : ; J ■' l '„ :: '' [, ''
(4) If the change in eligibility occurs during the period October 1 through March 31'of
iy the tax year, the deduction shall be disallowed for the entire tax' year. ^ ' ' -i -
'•' (5) Notwithstanding subsection (a)' ! 'of this sectiori, if the change 1 in eligibility Occurs
during the period April 1 through September 30, the real property shall receive 1/2 of the
- deduction, which shall be applied to the first installment only. '■ v: *\;
(6)(A) Notwithstanding the rescissions of the deduction pursuant to paragraphs (4) and
>(5) of this subsection, if the applicant's required ownership interest in the real property is
■■ transferred to a new owner, shareholder, or member who does not apply or qualify for thei
deduction, the real property shall nevertheless be entitled to the apportioned amount of .the;
deduction applicable to the installment payable during the half tax year during which such?
ownership interest was transferred. At the end of the half tax year, the deduction shall!
cease. i
(B) If the applicant purchases another real property or interest in a housing coopera-*
tive for which he or she shall make application for the deduction, and the application andi
purchase occurs during the same half tax year when the transfer occurred, subsections (i)>
and (j) of this section shall not apply to the extent that both real properties may benefit
from the deduction during that half tax year and, thereafter, only the newly purchased
real property or housing cooperative in which the applicant acquired newly an interest
shall benefit from the applicant's deduction.
(C) Notwithstanding the foregoing; a real property shall not benefit from more than
one deduction in any half tax year; provided, that in the case of a housing cooperative,
the real property shall not benefit from more than one deduction related to an eligible
,. household in any half tax year. •■■>.-, ,
(f-1) Within 45 days from the date of the notice rescinding or denying, the: deduction^ the
owner may petition for an administrative review of the rescission or denial and appeal s from a
final determination thereof to the same extent as if the appeal , were filed, -under
§ 47-825.01a(d)(2). . ■■,.-,■ ;:'~ r,»u" :>;■:, , ■■■ .;W»'
(g) If real property tax is owing as a result of an erroneous or improper deduction) 1 the
following shall apply: '- ■""!•">! ';: i !' i i "■■.■;■'> ':■ ■■.*;
(1) Except in the case of cooperative housing associations, if the eligible household' was
transferred, the applicant or former owner, and not the real property shall be personally
liable for the amount of the delinquent real property tax which was not paid timely during
the period when the applicant or former owner had an ownership interest in the eligible
household, together with interest and penalty at the same rate as provided in this chapter
for the late payment of real property tax. The tax shall be considered due on the date that
; the total amount of real property tax was due but unpaid and shall be collected in the
manner prescribed under Chapter 44. ',,■'?
(2) Notwithstanding paragraph (1) of this subsection, if the eligible household was;
.transferred and the grantee failed to timely record a deed under § 47-1431 (or other;
v evidence of the transfer in the case of a cooperative housing association), the real property;
shall be liable for the amount of the delinquent real property tax which was not timely paidji
312.
GENERAL LAWS § 47-863
together with interest and penalty as provided in this chapter for the late payment of real
property tax.
(3) In all other cases, the real property shall be liable for the amount of the delinquent
real property tax which was not paid timely, together with interest and penalty as provided
in this chapter for the late payment of real property tax.
(h) The eligibility of an eligible household for the deduction shall not be affected by the
transfer of the eligible household into a revocable trust if the transfer is without consideration
and the eligible household remains the residence of the applicant-grantor before and after the
transfer.
(i) No other person in the household of the individual, shareholder, or member shall claim a
deduction for an eligible household in the District. The cooperative housing association shall
not receive a deduction for an eligible household if the basis of the deduction is another
person in the household of the shareholder or member.
(j) If an individual, shareholder, or member claims more than one eligible household in the
same tax year, and has not timely notified the Mayor of all changes in eligibility, the Mayor
shall disallow the deduction for all eligible households claimed by the individual, shareholder
or member.
(k)(l) The Mayor may contract with a collection agency inside or outside of the District to
verify the contents of any application form or return for the purposes of determining the
eligibility of any eligible household.
(2) All funds collected by the collection agency and belonging to the District shall be
remitted to the Mayor not less than once a month. Forms to be utilized for the
remittances may be prescribed by the Mayor, The Mayor may require that the collection
agency furnish a bond securing compliance with the provisions of this subsection and the
contract with the District.
(3) At the discretion of the Mayor:
(A) The collection agency may charge a collection fee not in excess of 25% of the total
amount of the delinquent taxes, excluding penalties and interest, that is actually
collected; or
(B) The collection agency may be remunerated by fee, percentage of taxes collected, or
both.
(4) Notwithstanding any other provision contained in this title, confidential information
related to the owner of the real property may be provided to a collection agency for
purposes of collecting a delinquent tax under this chapter. If the information is provided
to a collection agency under this subsection, the collection agency shall not disclose the
information to a third party, other than the owner (or his or her representative), unless the
Mayor would be authorized by law to make the disclosure. A collection agency, or
employee of a collection agency, violating the provisions of this subsection shall be guilty of
a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or •
imprisoned for not more than 180 days, or both. All prosecutions under this paragraph
shall be brought in the Superior Court of the District of Columbia on information by the
Attorney General for the District of Columbia in the name of the District of Columbia.
(1) In the case of a house or a condominium, the real property tax bill shall indicate
whether the real property is receiving the deduction.
(Sept. 23, 1986, D.C. Law 6-153, § 5, 33 DCR 4787; Mar. 7, 1992, D.C. Law 9-56, § 5, 38 DCR 7281;
Sept. 10, 1992, D.C. Law 9-145, § 105, 39 DCR 4895; Oct. 7, 1992, D.C. Law 9-177, § 8, 39 DCR 5868;
June 14, 1994, D.C. Law 10-127, § 2, 41 DCR 2050; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR
1575; June 25, 2002, D.C. Law 14-147, § 2(g), 49 DCR 4219; Apr. 4, 2003, D.C. Law 14-282, § 11(1), 50
DCR 896; June 5, 2003, D.C. Law 14-307, § 1303(f), 49 DCR 11664; Mar. 13, 2004, D.C. Law 15-105,
§ 72(c), 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 1162(e), 51 DCR 8441; Apr. 13, 2005, D.C. Law
15-354, § 73(b)(6), 52 DCR 2638; Oct, 20, 2005, D.C. Law 16-33, §§ 1082(c), 1262(b), 1297(a)(3), 52 DCR
7503; mAR. 2, 2007, D.C. Law 16-191, § 102, 54 DCR 6794; Apr. 24, 2007, D.C. Law 16-305, § 73(b), 53
DCR 6198; Aug. 15, 2008, D.C. Law 17-216, § 4(e), 55 DCR 7500; Mar. 25, 2009, D.C. Law 17-345, § 2(e),
56 DCR 962; July 13, 2012, D.C. Law 19-155, § 2(d), 59 DCR 5590; July 13, 2012, D.C. Law 19-165, § 2,
59 DCR 6188.)
313
§47-863 D.C. OFFICIAMMDE
Historical and Statutory Notes vignj
Effect of Amendments holder, or member, who is domiciled in th'e'IDis-
D.G. Law 19-155 rewrote subsec. (f-1), which trict" Is)
formerly read: Legislative History of Laws ""<' n
"(0(1) If the eligible household no longer quali- p or history of Law 19-155, see notes under
fies for the deduction, the applicant (or former § 47_825.01a.
owner if there is no applicant) shall notify the T ,„ ..„,. ., „ . . _, , „ .,'',,
Mayor of the date of the change in eligibility _ Law ™7 m > **, > e - m I Pla . Ce f ^ J^*
within 30 days after the change in eligibility. If S ! nl ° r C f zer L Rea !, Pr °P ert 7 A f^ ™?> >W
the applicant (or former owSer if there is no mtroduced m Council and assigned Bill No lS^,
applicant) fails to notify timely, the deduction shall vh fl was reie Zf 1°, he Co ™ m ff on Finance
be rescinded without limitation for each tax year. and ^ nu 1 e ' The ^ ^ 7 ad °P e 9 d ^M^
Penalty and interest shall be added from the day s 9 ^ond read J n ^ on Q A P n * l\f ^ ** ' ^'
the correct amount of tax was due but not paid." ™ 12 >J "fP^y. Signed by he^ayor on May
^ 18, 2012, it was assigned . Act No, 19^375 and
D.C. Law 19-165 m subsec. (a)(1)(A), substitute transmitted to both Houses of Congress 'for ills
ed '$125,000" for $100,000 ; and rewrote subsecs. rev iew. D.C, Law 19-165 became effective on July
(a)(2) and (3), which formerly read: 13 '2012/ '"' ' ' '' v
"(2) 'Household adjusted gross income' means Miscellaneous- Notes! ...' ■ . ",>-. ; ;, [IfS
the adjusted gi-oss income of all persons residing _ ■ „ j-^^r Vo -,*,- "'.-, ''"''"'
in a household, excluding the adjusted gross in- Sectlon 3 of D - C - Law 1& " 165 Provides: * P , m in
come of any person who is a tenant by virtue of a "Sec. 3. Applicability. rv-h
written lease for fair market value. "Section 2(a) shall apply upon the inclusion^ts
"(3) 'Residence' means the principal place of fiscal effect in an approved budget and ,.fm'anGial
residence in the District of an individual, share- plan." . j ' fa '-
'.'■' (2)
Subchapter VI. Southeast Water and Sewer Improvement Benefit DistrYc't.
' ■ 'f : iiifi;-rif
§47-893. Levy of special assessment; protest; termination of levy. " ,! *" : '' ! '
(a) Beginning in tax year 2008, there is levied a special assessment upon each real property
located within the Southeast Water and Sewer Improvement Benefit District, except the
following: ,.,'.., ' \
(1) Real properties owned by the District of Columbia, except an independent instrumen-
tality or authority of the District of Columbia, the United States, or the Washington
Metropolitan Area Transit Authority; provided, that if ari interest in or use of the land of
such real property is subject to taxation under § 47-1005.01 because of a ground, lease and
the improvement is privately owned, the interest in or use of the land and the improvement
shall be subject to the special assessment imposed by this subchapter based ori'th'e'Tand
area of the interest and the actual gross building area of the improvement (if not sub'jeK to
District zoning) or the gross building area of the improvement (if subject .to''* District
zoning); provided further, that if the real property becomes owned by an entity f 6W<$ ffian
the District of Columbia, the United States, or the Washington Metropolitan' Area* transit
Authority, the provisions of this paragraph shall not exempt the real property' .Ir.oiff^he
' special assessment imposed by this subchapter; ' t Iffl l \
(2) Real properties on which, on June 1, 2007, occupied residential were located;
provided, that after June 1, 2007, if the real property is redeveloped for nonresidential 'uses,
or if the real property becomes part of a development project that may include a
condominium regime, that consists of 5 or more dwelling units, the provisions of this
paragraph shall not exempt the real property or subdivisions thereof from the special
assessment imposed by this subchapter;
(3) Real properties on which, on June 1, 2007, an active house of worship with a tax-
exempt status was located; provided, that after June 1, 2007, if the real property is later
used for a purpose other than as a house of worship, the provisions of this paragraph shall
not exempt the real property from the special assessment imposed by this subchapter; of
(4) Real properties that received a certificate of occupancy for a building of over 10,000
square feet between January 1, 2003, and June 1, 2007, or which had a utility plan related
to a building permit approved by the District of Columbia Water and Sewer Authority
between January 1, 2006, and October 31, 2006. « i „■
(b) The special assessment applicable to a real property shall be equal to the slim of:> ■■■! ','<,
314
GENERAL LAWS § 47-893
(1) The storm drainage assessment factor of 0.118 multiplied by the land area of the real
property or interest therein; and
(2) The water and sewer assessment factor of 0.0346 multiplied by the gross building
area of the real property.
(c)(1) Within 180 days after [January 29, 2008], for tax year 2008, the Chief Financial
Officer shall determine each real property that is subject to the special assessment under this
subchapter and give notice of the special assessment to the owner, as shown on the real
property tax records of the District. The notice shall state the amount of the proposed
special assessment and the procedure for appeal set forth in subsection (e) of this section.
The Chief Financial Officer shall not recalculate either factor because an additional real
property has become subject to the special assessment after the first determination under
this paragraph. No further notice shall be required for future tax years.
(2) If a real property becomes subject to the special assessment imposed by this
subchapter after [January 29, 2008], the Chief Financial Officer shall give notice of the
special assessment to the owner, as shown on the real property tax records of the District,
of such real property within 90 days after the Chief Financial Officer determines the real
property has become subject to the special assessment. The notice shall state the amount
of the proposed special assessment and the procedure for appeal set forth in subsection (e)
of this section. The real property shall become liable for the special assessment as of the
beginning of the next succeeding tax year from the date on which such real property
became subject to the special assessment. No further notice shall be required for future
tax years.
(3) The owner of a real property may elect at least once annually and upon the sale of a
real property, under procedures established by the Chief Financial Officer, to pay in a lump
sum payment equal to the present value, calculated as of the next succeeding June 30th at
an annual discount rate of 4.5%, of the total amount of all future annual special assessments
to which the Chief Financial Officer determines the real property is subject under this
subchapter. If the owner makes such a lump sum payment within 30 days from the date of
the special assessment bill from the Chief Financial Officer, the real property shall not be
subject to future annual special assessments under this subchapter.
(d) If the Chief Financial Officer learns that a real property subject to the special
assessment has been omitted from the special assessment for any previous tax year, the Chief
Financial Officer shall provide notice under subsection (e) of this section to the owner for the
succeeding, current, and prior tax years, and shall collect the special assessment amount in
arrears, including penalty and interest from the date the special assessment should have been
paid; provided, that no real property that has escaped the special' assessment shall be liable
under this section for a period of more than 3 prior tax years. , No further notice shall be
required for future tax years.
(e) Within 45 days from when first provided notice of a special assessment under this
subchapter, the owner of a real property subject to special assessment under this subchapter
may petition for administrative review, and appeal from a final determination made upon
administrative review, of the amount of a special assessment, or the imposition of the special
assessment, on the real property, or interest therein in the same manner and to the same
extent as if the notice were a proposed notice of assessed value being reviewed under
47-825.01a(d).
(f) Beginning in tax year 2008, special assessments under this subchapter shall be levied
annually and shall be due on June 30 of the tax year. The owner shall have 30 days to pay
the special assessment bill before the bill is due.
(g)(1) Except as provided in paragraph (2) of this subsection, an unpaid special assessment
shall be subject to the same penalty and interest provisions as a delinquent real property tax
under this chapter. A lien for an unpaid special assessment, including penalty and interest,
shall attach to the real property in the same manner as, and with a priority immediately
junior to, a lien for delinquent real property tax under Chapter 13A [of this title]. The
unpaid special assessment shall be collected in the same manner and under the same
conditions and subject to the same penalty as for unpaid real property taxes.
(2) If an interest in, or use of the land of, a real property is subject to the special
assessment because it is subject to taxation under § 47-1005.01, an unpaid special assess-
315
§ 47-893 , D.C. OFFICIAL CODE
ment on such interest or use shall be subject to the same penalty and interest provisions as
a delinquent tax imposed under § 47-1005.01, and the unpaid special assessment shall be
collected in the same manner and under the same conditions and subject to the same
penalty as for an unpaid tax imposed under § 47-1005.01. ;
(h) The levy of special assessments under this subchapter shall terminate on the date on
which the special assessment total collection amount has been received by the District, as
certified by the Chief Financial Officer.
(i) A special assessment imposed under this subchapter shall not be required to be certified
for the purposes of Chapter 13A of this title. :.;
(j) Each special assessment shall be made part of the public record.- . ■ - ■,..•:
(k) The total collection amount from the Southeast Water and Sewer Improvement Benefit
District shall not exceed the amount required to pay the debt service on a total amount of
$12.45 million of borrowing authority, which shall represent the special assessment total
collection amount of the properties subject to the assessment under this subchapter. .- >
(Jan. 29, 2007, D.C. Law 17-89, § 2(b), 54 DCR 11919; July 13, 20l2, D.G.Law 19-155, § 2(e), 59 DCR
5590.) .,■:,■.;.;. - /• ! ■■. ■■■■!
Historical and Statutory Notes
.iffU
Effect of Amendments transfer shall be deemed tb be the date of the
D.C. Law 19-155 rewrote subsec. (e), which notice and the tax year shall be deemed to berthe
formerly read: last tax year included in the notice; provided
"(e) The owner of a real property subject to further, that notwithstanding the foregoing, the
special assessment under this subchapter, when notice under subsection (c)(1) of this section shall
first provided notice of a special assessment under be mailed on or before March 1, 2008 and, the
this subchapter, may petition for administrative owner may petition for an administrative review on
review, and appeal from a final determination or before April 1, 2008 and appeal therefrom to the
made upon administrative review, of the amount of same extent and under the same conditions as a
a special assessment, or the imposition of the rea i property owner may appeal his tax year 2009
special assessment, on the real property or interest real p ro perty tax assessment."
therein in the same manner and to the same extent . , .
as set forth in § 47-825.01 (f-1) as if the owner Legislative History of Laws
were a new property owner; provided, that for For history of Law 19-155, see notes under
purposes of the new owner appeal, the date of § 47-825.01a. , .• ,{
Chapter 10 /«/;
Property Exempt From Taxation. inn
Section Section ,;if '•'"'■,' r->)
■47-1086. United House of Prayer for All Peo- 47-1087. Hill Center at the Old Naval Hospital;
pie — kitchen or feeding facilities. .Lot 5,. Square 948. ; j
§ 47-1086. United House of Prayer for All People— kitchen or feeding facili-
ties.
Historical and Statutory Notes ''■ "' " ! :h: "'
■■ r ■■ I. ...:■..■■;.■■ . ■■>'■'>!]:, fjiij
Emergency Act Amendments For temporary (90 day) repeal of section,^ of
For temporary (90 day) repeal of section. 3 of D.C. Law 19-51, see § 7002 of Fiscal Tear. r 2£13
D.C. Law 19-51, see § 7002 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,"feOJ 1 ?"59
19-383, June 19, 2012, 59 DCR 7764). DCR 9290). .' , '.'" 'f'"?
..-'■, - ■•.■■■!■. ■: , n 'fonrni;
. ■ ' ■ ■,..':■.. hhv-inii
. - i ■:;;.■: iiio*)
316
GENERAL LAWS § 47-1803.02
§ 47-1087. Hill Center at the Old Naval Hospital; Lot 5, Square 948.
Historical and Statutory Notes
Emergency Act Amendments Campus Property Tax Exemption Emergency Act
For temporary (90 day) addition of section/see of 2012 (D.C. Act 19-115, July 25, 2012, 59 DCR
§ 2(b) of Meridian Public Charter School-Harrison 9351).
Chapter 15
Taxation of Personal Property.
Subchapter I. General Provisions.
Section
47-1508. Exemptions.
Subchapter I. General Provisions.
§ 47-1508. Exemptions.
Historical and Statutory Notes
Emergency Act Amendments Property Tax Exemption Emergency Act of 2012
For temporary (90 day) amendment of section, (D.C. Act 19-414, July 25, 2012, 59 DCR 9349).
see § 2 of Cogeneration Equipment Personal
Chapter 18
Income and Franchise Taxes.
Subchapter III. Net Income, Gross Income Section
and Exclusions Therefrom, and Subchapter XII. Assessment and
Deductions. Collection; Time of Payment.
Section
47-1803.02. Gross income-Items included and 47-1812.08. Withholding of tax.
excluded; "adjusted gross income"
defined.
Subchapter VI. Tax on Residents
and Nonresidents.
'47-1806.03. Tax on residents and nonresidents —
Imposition and rates.
Subchapter III. Net Income, Gross Income and
Exclusions Therefrom, and Deductions.
§ 47-1803.02. Gross income— Items included and excluded; "adjusted gross
income" defined.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of section, see
For temporary (90 day) amendment of section, § 3(a) of Fiscal Year 2012 Second Revised Budget
see § 3(b) of Fiscal Year 2012 Second Revised Request Emergency Adjustment Act of 2012 (D.C.
Budget Request Emergency Adjustment Act of Act i 9 " 382 . June 20 > 2012 > 59 DCR 776 °)-
2012 (D.C. Act 19-382, June 20, 2012, 59 DCR For temporary (90 day) amendment of section,
7760). see § 8009(a) of Fiscal Year 2013 Budget Support
317
§ 47-1803.02
D.C. OFFICIALDOM)©
Emergency Act of 2012 (D.C. Act 19-383, June 19,
2012, 59 DCR 7764).
For temporary (90 day) addition of section, see
§ 3(a) of Fiscal Year 2012 Second Revised Budget
Request Congressional Review Emergency Adjust-
ment Act of 2012 (D.C. Act 19-406, July 20, 2012,
59 DCR 9124).
For temporary (90 day) amendment of section,
see § 3(b) of Fiscal Year 2012 Second Revised
Budget Request CongressidnalReview Emergf hc$
Adjustment Act of 2012 (D.C. Act 194o6J'july~20,'
2012, 59 DCR 9124).
For temporary (90 day) amendment of .section
see § 8009(a) of Fiscal Year 2013 Budget Support
Congressional Review Emergency Act of /$pi2;
(D.C. Act 19-413, July 25, 2012, 59 DCR 9296).'
Subchapter VI. Tax on Residents and Nonresidents.
§ 47-1806.03. Tax on residents and nonresidents-Mmposition)arid;rates.' #
Historical and Statutory Notes nwnUti.w'S
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 8009(b) of Fiscal Year 2013 Budget Support
see § 8009(b) of Fiscal Year 2013 Budget Suppprt ; ,' ? .33ongressional fReyiew 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). ,„,.-,„„., »- ,vw^i'
Subchapter XII. Assessmeni.;And:(Dolle'ction;ITime of Payment.
§ ;47-1812.08. Withholding of tax. :'ki!> ,v:-;-.-, ■>, •.■ «...;,..-. ,■:■. - i, .«.. ■■« ■'•:!■.:■ wM
Historical and Statutory Notes
Temporary Amendments of Section -'
Section 2 of D.C. Law 19-135 amended subsec.
(m) to read as follows: "
"(m)(l) Except as provided in paragraph (2) of
this subsection, if a resident payee receives a
payment from a retirement plan or retirement
account that is a lump-sum distribution, District
income tax shall be withheld on the lump-sum
distribution by the payor at the highest District
individual income tax rate that is in effect at the
time of the distribution.
"(2) Paragraph (1) of this subsection shall not
apply to:
"(A) Any portion of a lump-sum payment that
was previously subject to tax;
"(B) An eligible rollover distribution that is ef-
fected as a direct trustee to trustee transfer; or
"(C) A rollover from an individual retirement
account to a traditional or Roth individual retire-
ment account that is effected as a direct trustee to
trustee transfer. .
"(3) For the purposes of this subsection, the
term:
"(A) 'Lump-sum distribution' means' a payment
from a payor to a resident payee of the resident
payee's, entire account balance, exclusive of any
other tax withholding and any administrative
charges and fees.
■ "(B) 'Retirement account' or 'retirement plan'
means:
"(i) A qualified employee plan;
"(ii) A qualified employee annuity, plan;., , r,
"(iii) A defined contribution plan; . \ UB
"(iv) A defined benefit plan;
"(vi) An individual retirement account; ' [io ;j.j.-,j.>
; "(vii) Any combination of the plans arid'.ac'c'ount
listed, in sub-subparagraphs (i) through (vi) of this
subparagraph; or
"(viii) Any similarly situated account, or plan as
defined by the Internal, Revenue 'Code of 1986.
"(4) This subsection shall apply within 5 days of
the effective date of the Targeted Retirem'erit Dis^
tribution Withholding 1 Emergency Act of 2012, ef-
fective February 24, 2012 (D.C. Act 19-316; 58
DCR ).".
■Se'c'tion,4'(a)',Bf'' D J .G:'"'Mw^l9-135 provides that
the act shall expire after 225 days of its having
taken effect.
Emergency Act Amendments , rv !. ; ;/n.,.„r\ ;j
For temporary (90 day). amendment of section,
see § 7022 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 §. 7022 of Fiscal- Year -2013 Budget -Support
Congressional Review Emergency Act of 2012,
(D.C. Act 19-413, July, 25, 2012, ,59 DCR 9290).-
'.'■V
318:
GENERAL LAWS § 47-2002.01
Chapter 20
Gross Sales Tax.
Section Section
47-2001. Definitions. 47-2004. Vendor to collect tax; credit for ex-
47-2002.01. Street vendors; minimum sales tax. penses; application.
47-2003. Reimbursement of vendor for tax. 47-2015. Monthly returns.
§ 47-2001. Definitions.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7112 of Fiscal Year 2013 Budget Support
see § 7112 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012
Emergency Act of 2012 (D.C. Act 19-383, June 19, (d.q. Act 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764). . ■ .
§ 47-2002.01. Street vendors; minimum sales tax.
(a) For the purposes of this section, the term:
(1) "Business Beneficial License Holder" means a corporation, limited liability company,
partnership, or other business entity that is the beneficial owner of the vending license held
by an Employee License Holder.
(2) "Employee License Holder" means an individual street vendor who holds a vending
license as an employee, agent, or representative, or for the ultimate benefit, of a corpora-
tion, limited liability company, partnership, or other business entity.
(3) "MST" means the minimum sales tax that a street vendor is obligated to pay.
(4) "Street vendor" means a person licensed to vend from a sidewalk, roadway, or other
public space under Chapter 1A of Title 37.
(b)(1) Except as provided in subsection (c) or (d) of this section, a street vendor who holds
a license, including a temporary license, authorizing the vending of merchandise, food, or
services from public space or from door to door who has collected less than $375 in sales tax
for the quarter shall file a return pursuant to § 47-2002 and as required by the Office of the
Chief Financial Officer's Office of Tax and Revenue and remit a $375 MST payment for the
quarter being reported.
(2) A MST payment shall be made in a manner prescribed by the Office of the Chief
Financial Officer's Office of Tax and Revenue.
(3) If a MST payment is not timely remitted, the unpaid MST payment shall be
considered unpaid sales tax and all sections of this chapter applicable to the collection and
assessment of unpaid. sales tax and the imposition of interest and penalties shall apply.
(c) Except as provided in subsection (d) of this section, if a street vendor has collected sales
tax in excess of $375 for the quarter being reported, subsection (b) of this section shall not
apply and the street vendor shall file a return pursuant to § 47-2002 and as required by the
Office of the Chief Financial Officer's Office of Tax and Revenue and remit the full amount of
the sales tax collected for the quarter being reported.
(d)(1) Notwithstanding any other provision of this section, if an individual street vendor
holds a vending license as an Employee License Holder for a Business Beneficial License
Holder, the Employee License Holder shall not be individually responsible for filing a return
or remitting an MST under this section.' If the Business Beneficial License Holder files a
single, consolidated return pursuant to § 47-2002, reporting all sales tax collected by all
Employee License Holders who are employed by or otherwise affiliated with the Business
Beneficial License Holder, and remitting the full amount of the sales tax due by all such
Employee License Holders for the quarter being reported, the return shall report the
319
§47^2002.01
D.C. OFFICIAL CODE
vending license number of each vending license held by an Employee License Holder for
which information is included in the return.
(2) The Business Beneficial License Holder shall be responsible for maintaining all books
and records of the sales made by its employee street vendors pursuant to § 47-4311.
(3) A consolidated sales tax filing shall be filed electronically in the manner prescribed
by the Office of Tax and Revenue. ■ .; .;?. ■■-:> - - .»J .;«;-«
(May 27, 1949, 63 Stat. 112, ch. 146, title I, § 125, as Sept. 30, 1993,' ]-)£'; Law 10^25, § iil(f)p4¥DCE
5489; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 1 22, ; 2&&; D:C. Law%#-71,
§ 12(c)(1), 56 DCE 6619; July 13, 2012, D.C. Law 19-149, § 2(a)(2), 59 DCE 5129.)
Historical and Statutory Notes
■■•milmnMl
rnop.-T
Effect of Amendments / V
, D.C. Law 19-149 rewrote the section, which
formerly read:
; "(a) For the purposes of this section, the term
'street vendor' means a person licensed to vend
from a sidewalk, roadway, or other public space
under Chapter 1A of Title 37.
"(b)(1) Notwithstanding any other provision of
law, every street vendor shall make payments in
lieu of collecting and remitting sales tax, as pre-
scribed in this subsection.
' "(2) On or before January 20, 1994, and on or
before the 20th day of every January, April, July,
and October thereafter, every vendor who holds a
license authorizing the vending of merchandise,
food, or services from public space or from door to
door, including a temporary license, shall make a
$375 payment to the Mayor in lieu of collecting and
remitting sales tax for the immediately preceding 3
months. - . . .,:,,.
"(3) If an individual required to make a payment
in lieu of collecting and remitting sales tax in
paragraph (2) of this subsection does not have his
or her license for the full 3 months' preceding a
payment required in paragraph (2) of this subsec-
tion, . the individual shall pay an apportioned
amount of the payment in lieu of collecting and
remitting sales tax based upon the number of
months the individual held his or her license.
"■■""■"(4) Repealed. .' ' "■ -
"(c) All payments in lieu of collecting and remit-
ting sales tax made pursuant to subsection (b) of
this section must be made in cash or by cashier's
check, certified check, or money order. , . ' .,
, "(d) If a street vendor fails to make a payment
in lieu of collecting and remitting sales tax on or
before the prescribed payment date, any amount of
the unpaid payment shall be considered unpaid
sales tax and all sections of this chapter applicable
to the collection and assessment of unpaid .sales
tax, and the imposition of interest and penalties,
shall be applicable to unpaid payments in lieu of
collecting and remitting sales tax."
Legislative History of Laws •'
Law 19-149, the "Vendor Sales Tax Collection
and Remittance Act of 2012", was introduced in
Council and assigned Bill No. 19-163, which was
referred to the Committee of the Whole. The Bill
was adopted on first and second readings on April
17, 2012, and May 1, 2012, respectively. Signed by
the Mayor on May 11, 2012, it was assigned Act
- No. 19^355 and transmitted to both Houses of
Congress for its review. D.C. Law 19-149 became
.. effective on July 13, 2012. , , ; . ,
Miscellaneous Notes ;• i
• Section' 3 of D.C. Law 19-149 provides: ' • \ '
"Sec. 3. Applicability."' '"' ''"'■' *'"''
■ r? ^is-actshal[apply ; as of October'!, 2012^
§ 47-2003. Reimbursement of vendor for tax;
-' (a) Reimbursement for the tax imposed upon the vendor"' shall%e 'collected' by' the "'vendor
from the purchaser on all sales the gross receipts from which are subject to the tax imposed
by this chapter so far as it can be done. It shall be the duty of each purchaser in the District
to reimburse the vendor, as provided in § 47-2004, for the tax imposed by this chapter; : Such
reimbursement of tax shall be a debt from the purchaser to the vendor and shall be
recoverable at law in the same manner as other debts. ,;':•,;/,'.
*;■ (b) In the event that the vendor shall collect a tax in excess of the reimbursement schedule
rates provided for in this chapter, such excess shall be refunded to the purchaser, or in lieu
thereof, shall become a debt to the District in the same manner as taxes due and payable
under this chapter. ' ; .'■■■')
(May 27, 1949, 63 Stat. 115, ch. 146, title I, § 126; July 24, 1982, D.C. Law 4-131, § 203, 29 DCR 2418';
Sept. 30, 1993, D.C. Law 10-25, § 111(g), 40 DCR 5489; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44
DCE 1575; July 13, 2012, D.C. Law 19-149, § 2(a)(3), 59 DCR 5129.) ' '
320
GENERAL LAWS § 47-2201
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-149, in subsec. (a), deleted ", ex- p or history of Law 19-149, see notes under
cept a street vendor as defined in § 47-2002 01
§ 47-2002.01(a)(2)," following "by the vendor". •
§ 47-2004. Vendor to collect tax; credit for expenses; application.
(a) For the purpose of collecting his reimbursement as provided in § 47-2003 insofar as it
can be done and yet eliminate the fractions of a cent, the vendor shall add to the sales price
and collect from the purchaser such amounts as may be prescribed by the Mayor to carry out
the purposes of this section.
(b) Repealed.
(May 27, 1949, 63 Stat. 115, ch. 146, title I, § 127; Oct. 21, 1975, D.C. Law 1-23, title III, § 301(8), 22
DCR 2100; July 24, 1982, D.C. Law 4-131, § 204, 29 DCR 2418; July 26, 1989, D.C. Law 8-17, § 4(c), 36
DCR 4160; Sept. 30, 1993, D.C. Law 10-25, § 111(h), 40 DCR 5489; enacted, Apr. 9, 1997, D.C. Law
11-254, § 2, 44 DCR 1575; June 9, 2001, D.C. Law 13-305, § 102(c), 48 DCR 334; July 13, 2012, D.C.
Law 19-149, § 2(a)(4), 59 DCR 5129.)
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-149, in subsec. (a), deleted ", ex- p or history of Law 19-149, see notes under
cept a street vendor as defined in § 47-2002 01
§ 47-2002.01(a)(2)," following "the vendor". ' '
§ 47-2015. Monthly returns.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7113 of Fiscal Year 2013 Budget Support
see § 7113 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).
Chapter 22
Compensating-Use Tax.
Section
47-2201. Definitions.
§ 47-2201. Definitions.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 7114 of Fiscal Year 2013 Budget Support
see § 7114 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).
Chapter 27B
Ballpark Fee.
Section
47-2762. Ballpark fee.
321
§47-2762 D.C. OFFICIAL KSQBE
§47-2762. Ballpark fee.
(a)(1) For the fiscal year beginning October 1, 2004, and each fiscalyear thereaftePyrifcil
' and including the fiscal year beginning October 1, 2038, or such earlier or later date' as all
Jt'19')
obligations that are payable from or secured by the ballpark fee are repaid, each feepayer
shall remit, on or before June 15 of each year, a ballpark fee that shall be based upon the
annual District gross receipts of the feepayer for the feepayer's preceding tax year c an,d
computed according to the ballpark fee schedule provided in subsection (b) of this section.
(2) A feepayer that is exempt from taxation pursuant to § 47-1802.01 shall not be
subject to the ballpark fee unless, as provided in § 47-1802.01, the feepayer has unrelated
business income subject to tax under section 511 of the Internal Revenue Code of 1986,
approved August 16, 1954 (68A Stat. 169; 26 U.S.C. § 511). If the feepayer exempt from
taxation has unrelated business income, the feepayer shall remit the ballpark fee based
upon the feepayer's annual District gross receipts that were associated with the feepayer's
unrelated business income for the feepayer's preceding fiscal year. , .■'■iu'.'-'-i'
(b) The amount of the ballpark fee shall be computed according to 1 the .following schedule:
(1) Each feepayer with annual District gross receipts of $5,000,000 to $8,000,000 shall
pay $5,500;
(2) Each feepayer with annual District gross; receipts bf $8,000,001 to $12,000,000 shall
pay $10,800; .,■[,-,, u.'-.-w
(3) Each feepayer with annual District gross receipts of $12,000,001 to $16,000,00.0),shall
pay $14,000; and ,«,;:. yi y ; _ tq</.
(4) Each feepayer with annual District gross receipts of greater than $16,000,00rshall
pay $16,500.
(c) On or before December 1 of each year, the Chief Financial Officer shall certify to the
Council the amount of revenue received by the. District from imposition of the ballpark fee
during the immediately preceding fiscal year and provide an estimate of the amount of
revenue expected to be received from the ballpark fee in the then current fiscal year. ;ilf ilie
amount estimated to be collected is less than $14 million plus any amount necessary to
replenish any reserve funds in accordance with the financing documents and to avoid toy-
projected shortfall in debt service on the bonds, the Chief Financial Officer shall compute Ife
amount of the ballpark fee under the schedule set forth in subsection (b) of this section
needed to provide estimated revenue in the current fiscal year equal to $14 million plus any
amount necessary to replenish any reserve funds in accordance with the financing documents
and to avoid any projected shortfall in debt, service on the bonds, by applying the same
percentage increase to each amount' of the then-current ballpark fee under the schedule set
forth in subsection (b) of this section. The Chief Financial Officer shall notify the Council,
the Mayor, and the feepayers of the new schedule and, upon such notice, the amount of the
ballpark fee under the schedule set forth in subsection (b) of this section shall be increased as
of October 1 of the current fiscal year.
(d) The revenues received by the District from the ballpark a fee .|mppsed[;by s this ^section
shall be deposited into the Ballpark Revenue Fund.
(e) TheChief Financial Officer may require taxpayers subject to the sales taxes and fees
imposed by §§ 47-2002.05 and 47-2762 and all sales taxes described in;[M-1217.12], to-make
payments of those taxes electronically. .y; ■,■■;; i.-^yi
, (f) The Chief Financial Officer or his delegate shall promulgate such regulations as may'.p'e
necessary and appropriate to carry out provisions of this chapter. .,'.., ; : ; ?;
(Apr. 8, 2005, D.C. Law 15-320, § 110(f), 52 DCR 1757; Nov. 30, 2005, D.C. Law 16-91, § 204, 52 DCR
10637; July 13, 2012, D.C. Law 19-149, § 2(b), 59 DCR 5129.)
Historical and Statutory Notes
Effect of Amendments Legislative History of Laws
D.C. Law 19-149, in subsec. (e), substituted p r history of Law 19-149, see note e s under
"The" for "Except in the case of street vendors s 47_9nft2ni ' ' ,:: "'
described in § 47-2002.01, the".
322
GENERAL LAWS
§ 47-2853.49
Chapter 28
General License Law.
Subchapter I-B. Non-Health Related
Occupations and Professions
Licensure.
Section
47-2853.04. Regulated non-health related occupa-
tions and professions.
Part A. Accountants.
47-2853.46. Offices; annual registration. [Re-
pealed]
Section
47-2853.49. Substantial equivalency;
privilege.
practice
Subchapter II. Clean Hands Before
Receiving a License or Permit.
47-2862. Prohibition against issuance of li-
cense or permit.
47-2866. Interagency computer system and
■ enforcement.
Subchapter I-B. Non-Health Related Occupations and Professions Licensure.
§ 47-2853.04. Regulated non-health related occupations and professions.
Notes of Decisions
Passenger transport 1
1. Passenger transport
Under District of Columbia law, report of bus
passenger's expert was sufficient to establish na-
tional standard of care for safe transport of pas-
sengers, in support of summary judgment on pas-
senger's claim against Washington Metropolitan
Transit Authority (WMATA) alleging driver's neg-
ligent operation of the bus caused her to fall after
she had boarded the bus but before she sat down;
expert had the requisite specialized skills and
training to qualify as an expert, his report indicat-
ed that he relied upon research done by profes-
sional organizations and representatives of the
largest transportation systems in the United
States to determine that WMATA policies re-
flected the national standards, and he concluded
that bus driver deviated from those standards by
failing to monitor and observe passengers' readi-
ness for movement before driving away, failing to
provide any audible communication to passenger
that he intended to drive away, and failing to
ensure that the bus moved in a safe way due to his
abrupt acceleration and braking. Robinson v.
Washington Metropolitan Area Transit Authority,
2012, 2012 WL 1513053. Federal Civil Procedure
©=2491
Part A Accountants.
§ 47-2853.46. Offices; annual registration. [Repealed]
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) repeal of section 3 of
D.C. Law 19-43, see § 7010 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) repeal of section 3 of
D.C. Law 19-43, see § 7010 of Fiscal Year 2013
Budget Support Congressional Review Emergency
Act of 2012 (D.C. Act 19-413, July 25, 2012, 59
DCR 9290).
§ 47-2853.49. Substantial equivalency; practice privilege.
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) repeal of section 3 of
D.C. Law 19-43, see § 7010 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) repeal of section 3 of
D.C. Law 19-43, see § 7010 of Fiscal Year 2013
Budget Support Congressional Review Emergency
Act of 2012 (D.C. Act 19-413, July 25, 2012, 59
DCR 9290).
323
§47-2862 D.C. OFFICIAL CODE
Subchapter II. Clean Hands Before Receiving a License or Permit.
§ 47-2862. Prohibition against issuance of license or permit.
(a) Notwithstanding any other provision of law, the District government shall not issue or
reissue a license or permit to any applicant for a license or permit if the applicant:
(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed
pursuant to the following acts or any regulations promulgated under the authority of the
following acts, the: ' ',' '^
(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law
6-100; D.C. Official Code § 8-801 et seq.) [Chapter 8 of Title 8];
''■ ' (B) Illegal Dumping Enforcement Act of 1994, effective May 20,' 1994 (D.C. Law
10-117; D.C. Official Code § 8-901 etseq.) [Chapter 9 of Title 8]; .. . . ,■„ ... V1
(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978
(D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.) [Chapter 23 of Title 50];
(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985,
effective October 5, 1985 (D.C. Law, 6-42; D.C. Official Code § 2-1801.01 et-seq.)
[Chapter 18 of Title 2];
(E) District of Columbia Taxicab Commission Establishment Act of 1985, effective
March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 et seq.) [subchapter I of
Chapter 3 of Title 50]; or .;, ;.,, .■; ■■■,, ,,'.,,, .;
(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective Septem-
ber 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.) [Chapter 24 of Title
31];
(2) Owes the District more than $100 in past due taxes; ' , ■,:' .;
(3) Owes fines assessed to car dealers pursuant to section 2(i) of the District of Columbia
Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code
§ 50-1501.020);
(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a
reciprocity agreement is in effect between the jurisdiction and the District;
(5) Owes past due District of Columbia Water and Sewer Authority service charges or
fees; or
(6) Owes a vehicle conveyance fee, as that term is defined in § 50-2302.01(9).
(b) For purposes of this section, if: (A) the amount of outstanding debt over $100 is subject
to dispute, (B) the applicant has properly and timely appealed the infraction, assessment, tax,
or basis for the alleged debt, and (C) the appeal is pending, then the outstanding debt shall
not be cause for the District government to deny the issuance or reissuance of any license or
permit pursuant to subsection (a) of this section. Nothing in this section shall be construed as
allowing the nonpayment of any tax, fee, fine, penalty, or any other debt owed to the District
government for which payment is required by other law.
(c) A license or permit shall not be denied pursuant to subsection (a) of this section if the
applicant has agreed to a payment schedule to eliminate the outstandings debt, the payment
schedule has been agreed to by the District government, the applicant is complying with the
payment schedule, and the payment schedule is btherwise permitted by law. >:■.<>
(May 11, 1996, D.C. Law 11-118, § 3, 43 DCR 1191; enacted,' Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR
1575; Mar. 24, 1998, D.C. Law 12-81, § 59(j), 45 DCR 745; Oct. 21, 2000, D.C. Law 13-183, § 2(c), 47
DCR 7062; Apr. 27, 2001, D.C. Law 13-289, § 601, 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 201,
52 DCR 1700; Mar. 2, 2007, D.C. Law 16-191, §§ 81, 94, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192,
§§ 1011(c), 1013, 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-279J § 209(b), 54 DCR 1086; Mar. 20, 2009,
D.C. Law 17-303, § 2, 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(a)(1), 56 DCR 1117.)
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Sup-
see § 1054(b)(1) 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).
324
GENERAL LAWS
§ 47-4605
§ 47-2866. Interagency computer system and enforcement.
Emergency Act Amendments
For temporary (90 day) amendment of section,
see § 1054(b)(2) of Fiscal Year 2013 Budget Sup-
port 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 § 1054(b)(2) of Fiscal Year 2013 Budget Sup-
port Congressional Review Emergency Act of 2012
(D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Section
47^605.
47-4628.
47^633.
Chapter 46
Special Tax Incentives.
Carver 2000 Low-Income and Senior
Housing Project — tax exemptions.
The Heights on Georgia Avenue; Lots
98, 903, 904, 908, and 911, Square
2892.
Jubilee Housing residential rental pro-
ject; Lot 863 in Square 2560, and Lot
873, Square 2563.
Section
47-4639.
47-4646.
47-4655.
King Towers residential housing rental
project; Lot 49, Square 281.
NCBA Housing Development Corpora-
tion of the District of Columbia and
Samuel J. Simmons NCBA Estates
No. 1 Limited Partnership; Lot 78,
Square 2855. [Not funded]
The Washington Ballet, Lot 19, Square
1911.
§ 47^605. Carver 2000 Low-Income and Senior Housing Project — tax exemp-
tions.
(a) For the purposes of this section, the term "Carver 2000 Low-Income and Senior
Housing Project" means the financing, refinancing, or reimbursing of costs incurred for the
acquisition, development, construction, installation, and equipping of the mixed-use 176 units
of apartment and town homes for senior citizens and low-income residents of the District of
Columbia, located in the following squares and lots: 5140-0088; 5190-0806; 5190-0807;
5190-0808; 5348-0001; 5348-0002; 5348-0003; 5348-0004; 5348-0005; 5348-0006;
5348-0007; 5348-0008, and consisting of:
(1) Land and improvements that are to be renovated into approximately 176 units of
apartments and town homes for senior citizens and low-income families; and
(2) All common areas and ancillary improvements identified in any pre-existing financing
agreements supporting the development of low-income and senior housing in the lots and
squares identified in this subsection.
(b) The Carver 2000 Low-Income and Senior Housing Project shall be exempt from the tax
imposed by §§ 42-1102 and 47-903.
(c) The sales and rental of tangible personal property to be incorporated in or consumed in
the Carver 2000 Low-Income and Senior Housing Project, whether or not the sale, rental, or
nature of the material or tangible personal property is incorporated as a permanent part of
the Carver 2000 Low-Income and Senior Housing Project or the Carver 2000 Low-Income
and Senior Housing Project property, shall be exempt from the tax imposed by § 47-2002.
(d)(1) The Carver 2000 Low-Income and Senior Housing Project property shall be exempt
from the tax imposed by Chapter 8 of this title, and any related fees waived.
(2) The real property tax exemption and fee waiver granted by paragraph (1) of this
subsection shall apply for the 16 consecutive real property tax years beginning with Tax
Year 2003.
(e) The exemptions pursuant to subsections (c) and (d) of this section shall be in addition
to, and not in lieu of, any other tax relief or assistance from any other source applicable to the
Carver 2000 Low-Income and Senior Housing Project or the Carver 2000 Low-Income and
Senior Housing Project.
(Oct. 20, 2005, D.C. Law 16-33, § 1172(b), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(e), 53 DCR
6794; July 13, 2012, D.C. Law 19-151, § 2, 59 DCR 5134.)
325
§ 47-4605 D.C. OFFICIAIM10BE
Historical and Statutory Notes ;S~W 8
Effect of Amendments Congressional Review Emergency Act of 2012
D.C. Law 19-151, in subsec. (a), substituted (D.C. Act 1M13, July 25, 2012, 59 DCR 9290).
"squares and lots: 5140-0088;" for "lots and Legislative History of Laws ■ :?r»fHH
squares: 5140 0819; 5140 0820; 5140 0821; 5140 , ,„!" , u „ L™ T T Wet,
0822; 5140 0823; 5140 0824; 5140 0825; 5140 Law 19i " 151 > the Carver 2000 Low-4ncome>and
0826;"; in subsec. (d)(1), substituted "Chapter 8 of Senior Housing Project Amendment Act of 2012";
this title, and any related fees waived" for "Chap- was introduced in Council and assigned Bill No!
ter 8"; in subsec. (d)(2), substituted "exemption 19-437, which was referred to the Committee on
and fee waiver granted" for "exemption granted" Finance and Revenue. The Bill was adopted on
and "apply for the 16" for "only apply for ( the 8". first and second readings on April 17, 2012 and
Emergency Act Amendments , May 1, 2012, respectively. Signed by the Mayor
For temporary (90 day) amendment of section, on May 11, 2012, it was assigned Act No. 19-357
see § 7005 of Fiscal Year 2013 Budget Support and transmitted to both Houses of Congress for its
Emergency Act of 2012 (D.C. Act 19-383, June 19, review. D.C. Law 19-151 became effective on July
2012, 59 DCR 7764). 13,2012. ltl .'.;!" : ';'*''
For temporary (90 day) amendment of section, Miscellaneous Notes .■, ■•\- nl ,x- Vil -\
see _§§ 2 3 of the Carver 2000 Low-Income and Section 3 of DiC . Lawig^provides: ,,.i ,-.
Senior Housing Project Congressional Review . " " "■ . , ..' "v.,, ~'„'<J-~~ . .,
Emergency Act of 2012 (D.C. Act 19-407, July 24, ' "Sec. 3. Applicability-.^ •• <•«>- _ .■ ■"• -
2012, 59 DCR 9128). "This, act, shall apply uppn,fflg inclusion .of its
For temporary (90 day) amendment of section, fiscal effect in ah approved^ budget; and financial
see i§ 7005 of Fiscal Year 2013 Budget Support jpi'aji." ' ]
§ 47-4628. The Heights on Georgia Avenue; Lots 98, 903, 904, 908, and 911,
Square 2892. ,- ;T . I(D ; ^ r., ;1 .., O . l7ro .„j,jj , ;7f , ! j i ,.,-;(,;; vx:ii <: J;,r.^h g
(a) For the purposes of this section, the term: . ' : > ' < > I ';
(1) "Affordable Units" means residential units affordable to households with incomes
between 60% and 80% of the area median income of the Washington, D.C. metropolitan
■ statistical area as determined annually by the United States. Department of Housing: and
Urban Development, or its successor agency, which units shall comprise no less than $ of
the total number of units in The Heights on Georgia Avenue Project. ■'-<?;■> i)
(2) "Housing Element" means residential units, which shall be not less than 65 in total;
and accessory parking in The Heights on Georgia Avenue Project. •■ ,.;<) -H: iiti
(3) "The Heights on Georgia Avenue Developer" means the person (or any successor in
interest) who will develop The Heights on Georgia Avenue Project with Affordable Units
above first-floor retail- The term "The Heights on Georgia Avenue Developer" shall not
; include any owner or operator of the first-floor commercial or retail space and shall not
apply to any subsequent owner of a residential condominium unit in The Heights on
Georgia Avenue Project. ,
(4) "The Heights on Georgia Avenue Project" means a residential and retail rriixed-use r
project, including at least 65 residential units, constructed on the following lots in Square
2892: Lots 98, 903, 904, 908, and 911 (which may be expanded to include Lots 875 and; 114)
and the alley between them (or as the land for such lots and the alley may be subdivided
into a record lot or lots or assessment and taxation lots, condominium lots, or ; any
combination in the future). ' ■< ,,; , " ,,!v . ;,a '
(b) Beginning on the 1st day of the half tax ydar immediately following the date oh which
site preparation begins, as evidenced by either the issuance of a demolition permit, grading
permit, or excavation permit, whichever is issued first; i the Housing Element shall bes. r exemp't
from real property taxation under Chapter 8 of this title; provided; that the following (occurs:
(1) The first level of concrete shall be laid for The Heights on Georgia Avenue Project by
December 31, 2011; ' ■'■>"'
(2) A certificate of occupancy for the Housing Element shall have been issued within 24
months after the first level of concrete has been laid; and . . i.f
(3) The Affordable Units shall be registered online within 60 days of issuance of the
certificate of occupancy for the Housing Element on the housing locator at www.dchousing
i : search.org, and the Department of Housing and Community Development issues a written
certification that the units are registered and will be monitored for compliance. : , h\... ;^:"i\)
326
GENERAL LAWS § 47-4633
(c) For each deadline set forth in subsection (b) of this section, extensions may be granted
at the discretion of the Mayor.
(d) .If the deadlines set forth in subsection (b) of this section, as they may be extended by
the Mayor as provided in subsection (c) of this section, are not met, The Heights on Georgia
Avenue Developer shall pay to the District a sum equal to the amount of real property tax
that would have been imposed on The Heights on Georgia Avenue Project in the absence of
the exemption provided in subsection (b) of this section.
(e) The exemption from real property taxation provided in subsection (b) of this section
shall expire on the date that is the last day of the half tax year immediately following the
earlier of:
(1) The passage of 30 years; or
(2) The date on which the Housing Element no longer has at least 50% of the total units
of The Heights on Georgia Avenue Project designated for use as ' Affordable Units.
(f) For the purposes of § 47-831(b), the owner shall have a duty to inform the Office, of Tax
and Revenue when the Housing Element is no longer entitled to the exemption granted by
subsection (b) of this section.
(g) Notwithstanding any other provision of law, no fees shall be charged to The Heights on
Georgia Avenue Developer for any permits related to the construction of The Heights on
Georgia Avenue Project, including private space or building permit fees or public space
permit fees. The exemption provided by this subsection shall not include inspection fees for
such permits, condominium registration application fees, or condominium conversion fees.
(Mar. 23, 2010, Law 18-124, § 2(b), 57 DCR 1175; July 13, 2012, D.C. Law 19-158, § 2(c), 59 DCR 5689.)
Historical and Statutory Notes
Effect of Amendments The Bill was adopted on first and second readings
D.C. Law 19-158, in subsec. (b)(1), substituted ° n April 17, 2012, and May 1, 2012, respectively.
"December 31, 2011" for "December 31, 2010"; Signed by the Mayor on May 15, 2012, it was
and, in subsec. (c), substituted "section, exten- assigned Act No. 19-365 and transmitted to both
sions" for "section, one 6-month extension". Houses of Congress for its review. D.C. Law
Legislative History of Laws
19-158 became effective on July 13, 2012.
t ,„ , m ,, ,, T ,., tt n •!- i- i Miscellaneous Notes
Law 19-158, the Jubilee Housing Residential ~ ,. „ j,~,-, T ,„ ..m -n
Rental Project Real Property Tax Exemption Section 3 of D.C. Law 19-158 provides:
Clarification Act of 2012", was introduced in Coun- "Sec. 3. Applicability.
cil and assigned Bill No. 19-538, which was re- "Section 2(a) and (b) shall apply as of October 1,
ferred to the Committee on Finance and Revenue. 2010."
§ 47-4633. Jubilee Housing residential rental project; Lot 863 in Square 2560,
and Lot 873, Square 2563.
The real properties described as Lot 863 in Square 2560, and Lot 873, Square 2563, owned
by Jubilee Housing Inc., or by an entity controlled, directly or indirectly, by Jubilee Housing
Inc., including Jubilee Housing Limited Partnership II, shall be exempt from taxation under
Chapter 8 of this title so long as the real properties continue to be owned by Jubilee Housing
Inc., or by an entity controlled, directly or indirectly, by Jubilee Housing Inc., or continue to
be under applicable use restrictions during a federal low-income housing tax credit compli-
ance period, and are not used for commercial purposes, subject to the provisions of
§§ 47-1005, 47-1007 and 47-1009.
(May 27, 2010, D.C. Law 18-163, § 2(b), 57 DCR 3032; July 13, 2012, D.C. Law 19-158, § 2(b), 59 DCR
5689.)
Historical and Statutory Notes
Effect of Amendments Square 2560, and Lot 873, Square 2563, owned by
D.C. Law 19-158, in the section heading, substi- Jubilee Housing Inc.," for "described as Lots 107
tuted "rental project; Lot 863 in Square 2560, and and 108, Square 2560, and Lot 863, Square 2560,
Lot 873, Square 2563." for ""rental project; Lots owne( j by Jubilee Housing Inc.,"; and substituted
i2L™ d 1 l 8 V? q i Ua J e „ 2 J 560, .u n 2 Lot r 86 ?' c^- 6 "provisions of §§ 47-1005, 47-1007 and 47-1009."
2560. ; substituted "described as Lot 863 in
327
§ 47-4633 D.C. OFFICIAL CODE
for. "provisions of § 47^1005, 47-1007, arid. Miscellaneous Notes ■ .;'. '•,)
47-1009." Section 3 of D.G. Law 19-158 provides: . ; , : (,ii;
))
Legislative History of Laws "Sec. 3. Applicability.
For history of Law 19^158, see notes under "Section 2(a) and (b) shall apply as of October li
§ 47-4628. ....-.., 2010." ^,
§ 47-4639. King Towers residential housing rental project; Lot 49, Square 281,*
' (a) As of August 13, 2010, the real property described as Lot 49, Square 281, owned by
King Housing, LLC, or by an entity controlled, directly or indirectly, by King Housing, LLCy
shall be exempt from taxation under Chapter 8 of this title so long as the real, property
continues to be owned by King Housing, LLC, or by an entity controlled, directly or
indirectly, by King Housing, LLC, or continues to be under applicable use restrictions during
a federal low-income housing tax credit compliance period or any other federal program
governing income and use restrictions at the property, and is not used for commercial
purposes, subject to the provisions of §§ 47-1005, 47-1007, and 47-1009.
(b) The conveyance of the real property to King Housing, LLC, to or an entity controlled
directly or indirectly by King Housing, LLC, shall be exempt from the tax imposed by
M 42-1103 and 47-903.
(c) The exemptions provided in this section shall be in addition to, and not in lieu of, any
Other tax relief or assistance from any other source applicable to either the real property or
its owner., ; ,■..-.■ -,..,'
: (d) The Council orders that all economic interest transfer tax, penalties, interest, fees, and
other related charges assessed against the real property as described in this section be
forgiven, and that any payments already made be.refunded.
(Oct., 15, 2010, D.C. Law 18-237, § 2(b), 57 DCR 7162; July 13, 2012, D.C. Law 19-153, § 2, 59 DCR
5138.) •',.',..'
■■■■.'■. ,.,',., .i i "
Historical and Statutory Notes
Effect of Amendments . Legislative History of Laws
D.C. Law 19-153 rewrote the section, which Law 19-153, the "King Towers Residential
formerly read: Housing Real Property Tax Exemption Clarifica-
tion Act of 2012", was introduced in Council and
The real property described as Lot 49, Square assigned BUI No. 19-530, which was referred to the
281, owned by King Housing, LLC, or by an Committee on Finance and Revenue. The Bill was
entity controlled, directly or indirectly, by King adopted on first and second readings on April 17,
Housing, LLC, shall be exempt from taxation 2012, and May 1, 2012, respectively. Signed by
under Chapter 8 of this title so long as the real the Mayor on May 11, 2012, it was assigned Act
property continues to be owned by King Housing, No. 19-359 and transmitted to both Houses of
LLC, or by an entity controlled, directly or indi- Congress for its review. D.C. Law 19-153 became
rectly, by King Housing, LLC, or continues to be effective on July 13, 2012.
uhder applicable use restrictions during a federal Miscellaneous Notes
low-income housing tax credit compliance period or Section 3 of D.C Law 19-153 provides: , ,;< *
'any other federal program governing income and "Sec. 3. Applicability. :
use restrictions at the property, and is not used for "This act shall apply upon the inclusion of its
commercial purposes, subject to the provisions of .fiscal effect in an approved budget and financial
§§ 47-1005, 47-1007, and 47-1009." ,-.■. ; .plan;",.. , ,.. , ; ,,..,■'■:, ■.■„/,.'-;■ W' ■ ;,'
§ 47^1646. NCBA Housing Development Corporation of the District of Colum-
bia and Samuel J. Simmons NCBA Estates No., l:Limited Part-
nership; Lot 78, Square 2855. [Not funded] ''
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) repeal of section' 4 of
\ For temporary (90 day) repeal of section 4 of D.C Law 18-311, see § 7003 of Fiscal Year '2013
D.C. Law 18-311, see § 7003 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). . , ., :
328
GENERAL LAWS § 48-904.01
Note 28
§ 47-4655. The Washington Ballet, Lot 19, Square 1911.
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 19-77, see § 7006 of Fiscal Year 2013
D.C. Law 19-77, see § 7006 of Fiscal Year 2013 Budget Support Congressional Review Emergency
Budget Support Emergency Act of 2012 (D.C. Act Act of 2012 (D.C. Act 19^13, July 25, 2012, 59
19-383, June 19, 2012, 59 DCR 7764). DCR 9290).
TITLE 48
FOODS AND DRUGS.
SUBTITLE III. ILLEGAL DRUGS.
Chapter Section
9. Controlled Substances 48-904.01
11. Drug Paraphernalia 48-1103
SUBTITLE III
ILLEGAL DRUGS.
Chapter 9
Controlled Substances.
Unit A. Controlled Substances Act. Section
48-904.09. Attempt; conspiracy.
Subchapter IV. Offenses and Penalties.
ction
48-904.01. Prohibited acts A; penalties.
Subchapter VII. Drug Interdiction
Section and Demand Reduction Eund.
48-907.02. Funding and disbursements.
Unit A. Controlled Substances Act.
Subchapter IV. Offenses and Penalties.
§ 48-904.01. Prohibited acts A; penalties.
Notes of Decisions
6. Constitutional rights when police ultimately forced their way into apart-
Police officer's testimony that he was taught ment after knocking and receiving no response,
that, if he saw green leafy substance turn purple defendant was in kitchen, along with 27.2 grams of
during field test, it was marijuana, did not violate cocaine and digital scales, defendant acknowledged
defendant's right of confrontation based on defen- that he resided in apartment where search warrant
dant's claim that he should have been allowed to was executed, and near bed in living room, where
cross-examine individual who taught officer about defendant indicated he resided, police recovered
test results, in trial for attempted possession of mail addressed to defendant, photos of defendant,
marijuana; officer's testimony was not testimonial and a bag of cocaine inside a pair of pants. Ra-
in nature. Newman v. U.S., 2012, 2012 WL mirez v. U.S., 2012, 2012 WL 3513097. Controlled
3213242. Criminal Law ©= 662.8 Substances ®=* 80; Controlled Substances ®= 89
18. Constructive possession, nature and 28. Arrest
elements of offenses Documents regarding arresting officer's training
Evidence was sufficient to show that defendant and use of laser radar detector, as requested by
constructively possessed drugs and drug parapher- defendant in prosecution for attempted possession
nalia, as would support convictions for possession of marijuana that was discovered in search incident
of cocaine and possession of drug paraphernalia; to his arrest for speeding, were not "material"
329
§ 48-904.01
Note 28
under criminal rule governing pretrial discovery to
defendant's motion to suppress the drag evidence;
whether officer had probable cause to arrest defen-
dant for driving at over 30 miles per hour over
posted speed limit depended on what the officer
reasonably believed and relied on, hot on whether
the officer's operation of the device, or the device
itself, were sufficiently reliable to serve as substan-
tive evidence of the crime of speeding. Watson v.
U.S., 2012, 43 A.3d 276. Criminal Law ©=> 627.6(3)
Police officer had probable cause to arrest de-
fendant for speeding; officer testified that he saw
defendant driving across bridge significantly faster
than other cars, that he aimed laser radar detector
at defendant's car and saw a reading of 88 miles
per hour, 48 miles over posted speed limit, that he
had operated detector for at least a couple of years
and had been trained and certified in its use, that
he had conducted earlier that day a self-test indi-
cating that detector was functioning properly, and
that he knew that detector had recently been
certified by an outside entity as accurately cali-
brated. Watson v. U.S., 2012, 43 A.3d 276. Auto-
mobiles ®= 349(2.1)
Police officers had probable cause to arrest de-
fendant following the successful controlled delivery ,
of a parcel containing marijuana addressed to him; ■
defendant accepted a parcel addressed to "Corey
Johnson" by signing and printing the name "Corey
Johnson," even though defendant's name was
Courtney, the parcel was delivered to defendant's
girlfriend's house, which suggested that defendant
used the address to avoid detection, 15 minutes
after the delivery defendant left the hou'seLwith the
unopened package and placed the parcel in his car,
and the parcel was one of two parcels, sent by an
individual in California who was involved iii'-suspi-
cious drug-related activity. Johnson v. U.S., 2012,
40 A.3d 1. Arrest ©= 63.4(16)
41. Conduct of trial ' ":':"''W(i i$'.
Trial court did not broaden charges in indict-
ment in allowing jury to conclude that one small';]
■ plastic bag could provide sufficient basis for pos-
session of drug paraphernalia, in prosecution for
possession of cocaine and possession of drug para-
phernalia; there was no reasonable likelihood that
defendant was convicted of crime different from
that charged by grand jury, and nothing in plain
language of indictment lent support to notion that
grand jury charged defendant with possession of
certain small plastic bags in his apartment to the
exclusion of others. Ramirez v. U.S., 2012, 2012
WL 3513097. Indictment and Information <s=
159(2)
77. Conduct of judge
There was reasonable likelihood that trial judge
punished defendant convicted of possession of her-
oin for invoking his Sixth Amendment right of
confrontation, such that vacatur of sentence and
re-assignment to different judge for re-sentencing
was -warranted; judge, by reiterating that she
would "take into account" defendant's' insistence on
cross-examining chemist, and that this decision
would "have consequences" for him, signaled that
D.C. OFFIGIALiffiOBE)
she was going to impose more severe sentence^
because defendant exercised his constitutional'
right of confrontation, and judge's sentence of
incarceration for 180 days, maximum allowed by
law, was almost twice what prosecutor had SQUgMK
Thome v. U.S., 2012, 46 A.3d 1085. Criminal Law
®=> 1177.3(1); Criminal Law ®= 1192; Sentencing!
and Punishment <®= 115(1) • ' «<S
■•: ",l
90. Lesser included offenses, instructions
Trial court did not commit plain error in in-
structing jury that possession of phencyclidine
(POP) was a lesser-included offense of crime of
distribution; lesser-included offense issue was not
raised before trial judge who had nO occasion to
consider it, verdict form was unequivocal and not
objected to, defense presented expert witness tes-
timony that defendant's conduct was consistent'
with possession and ■hdt''dis6ributibhyi and 1 defen 1
dant asked jury to find him guilty on lesser" offense!'
of possession. Rose v. U.S., 2012, 2012 WL
3513437, Criminal Law <S=» 1038.1(3.1); Criminal
Law <s= 1137(3)
106. ^— Knowledge generally, weight and
sufficiency of evidence
Evidence was sufficient to show that defendant
knew or believed that green leafy substance con-
tained in white paper was marijuana, as required
to support conviction for attempted possession of
marijuana; immediately after making eye contact'
with police officer, defendant got up from where he
was sitting and moved away .at "a very fast pace,"
and defendant clearly sought to distance himself
from white piece of paper by placing it on brick,
wall as he walked away from officers. Nev^nari y.;'
U.S., 2012, 2012 WL 3213242. Controlled 1 Siib^
stances "3= 80
110. Distribution, weight and sufficiency
), i v / of evidence '.,{ ■;•}■, \
Evidence was sufficient to support conviction for
4 possession with intent to distribute a quantity of
marijuana; defendant accepted delivery of a parcel
containing drugs, he ^acknowledged that, he,was,the^
correct recipient, 1 'ariane' signed the 'postal r'ec'eipt,^
almost immediately after delivery defendant took
the parcel out to his car and intended to transport
it to another location, and the parcel contained)
approximately 4,797 grams of marijuana worth be-
tween $10,000 and $47,000. Johnson v. U.S., 2012; .
40A.3dl. Controlled Substances ®= 81/ ,
113. Possession generally, weight and
sufficiency of evidence
Evidence was sufficient to support conviction for .
possession of phencyclidine (POP); defendant was^
seen giving co-defendant money, and then drawing;
in on a cigarette, consistent with a cigarette dipped' ,
in POP, defendant was also seen 'lighting a ciga-"
rette as he walked back to car, and a wet, partialrl
ly-burned, PCP-laced cigarette was found on
ground outside of front passenger side of car when
it was stopped, and three more PCP-laced ciga- ,
rettes were found inside car. Rose v. U.S., 2012,^
2012 WL 3513437. Controlled Substances «s.8Qi
330
GENERAL LAWS § 48-1103
Note 11
Evidence was insufficient to establish car own- had given no one else permission to drive it, often
er's constructive possession of cocaine found in left valuables such as his wallet in the car, spent
compartment under armrest of center console of $249 to improve the car, and had said to detective,
unlocked car after it was. shot while defendant was "F that vehicle, You all can have it," did not
neither driving nor even present in the car, and manifest something more in the totality of the
thus evidence was insufficient to support conviction circumstances that established that owner meant
for unlawful possession with intent to distribute; to exercise dominion or control over the narcotics,
evidence that owner had driven the car around five James v. U.S., 2012, 39 A.3d 1262. Controlled
hours before it was shot and secured by the police, Substances ®=> 81
§ 48-904.09. Attempt; conspiracy.
Notes of Decisions
8. Weight and sufficiency of evidence was sitting and moved away at "a very fast pace,"
Evidence was sufficient to show that defendant and defendant clearly sought to distance himself
knew or believed that green leafy substance con- from white piece 'of paper by placing it on brick
tained in white paper was marijuana, as required wa u as he wa iked away from officers. Newman v.
to support conviction for attempted possession of U-S 2 012, 2012 WL 3213242. Controlled Sub-
marijuana; immediately after, making eye contact s t- ances ®=» gn
with police officer, defendant got up from where he'
Subchapter VII. Drug Interdiction and Demand Reduction Fund.
§ 48-907.02. Funding and disbursements.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) repeal of section, see
For temporary (90 day) repeal of section, see § 8004 of Fiscal Year 2013 Budget Support Con-
§ 8004 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). !
Chapter 11
Drug Paraphernalia.
Subchapter I. General.
Section
48-1103. Prohibited acts.
Subchapter I. General.
§ 48-1103. Prohibited acts.
Notes of Decisions
11. Weight and sufficiency of evidence and a bag of cocaine inside a pair of pants. Ra-
Evidence was sufficient to show that defendant mirez v. U.S., 2012, 2012 WL 3513097. Controlled
constructively possessed drags and drug parapher- Substances ®=> 80; Controlled Substances ®=> 89
nalia, as would support convictions for possession Sufficient evidence supported convictions of own-
of cocaine and possession of drug paraphernalia; er of gas station/mini-mart and his clerk for at-
when police ultimately forced their way into apart- tempted possession of drug paraphernalia with
ment after knocking and receiving no response, intent to sell; undercover officer asked clerk for
defendant was in kitchen, along with 27.2 grams of "an ink pen," clerk gave him a glass ink pen and a
cocaine and digital scales, defendant acknowledged metal scouring pad, even though he did not re-
that he resided in apartment where search warrant quest the latter, it could be inferred that despite
was executed, and near bed in living room, where fact that clerk had recently arrived in the United
defendant indicated he resided, police recovered States, someone at store trained her to give a
mail addressed to defendant, photos of defendant, buyer both a glass ink pen and a copper scouring
331
§ 48-1103 D.C. OFFICIAL CODE)
Note 11
pad when buyer asked for an ink pen, and that she with illegal drugs. Fatumabahirtu ■ v. U.S.,v 2011,
knew or reasonably should have known that the 26 A.3d 322, certiorari denied 132 S.Ct. 1944, 1S2")
purchase was for the purpose of taking illegal L.Ed.2d 799, certiorari denied 132 S.Ct. 2706; 183')
drugs, and owner ordered, stored, and specifically L . Bd . 2d 62 . Controlled Substances <®=> 89 ■«'
intended to sell items that obviously could be used .... . v,r«[
-. ; ' . . •■■Hli
. title 50 '.;, .:, ';• ; -v-:;J!
MOTOR AND NON-MOTOR VEHICLES AND TRAFFIC.
' . ■ ■. .-..., ... ■....:■ :S ' .a0^-::..t- fi?-' s
SUBTITLE I. COMMERCIAL AND GOVERNMENT VEHICLES.
Chapter Section
3. Regulation of Taxicabs 50-303
SUBTITLE IV. MOTORIZED VEHICLE REGISTRATION, INSPECTION, LICENSING. '
9A, Department of Transportation •.,..'. .50-921.02,
15. Registration of Motor Vehicles 50-1501.04
SUBTITLE VI. SAFETY. .....<-.
19. Motor Vehicle Operators; Implied Consent to Blood-Alcohol Content
Tests. , . '. . : . 50-1901
SUBTITLE VII. TRAFFIC.
22. Regulation of Traffic. . 50-2201.02
23. Traffic Adjudication 50-2301.05
SUBTITLE VIII. VEHICLES ON PUBLIC AND PRIVATE SPACE. "'■ 3
25B. Ward 1 Residential Parking 50-2551
26. Regulation of Parking 50-2603
SUBTITLE I
COMMERCIAL AND GOVERNMENT VEHICLES.
Chapter 3
Regulation of Taxicabs.
Subchapter I. General. Section
50-320. District of Columbia^ TaidcaffCommission
Section Fund; established.
*n1n7 nf ti T, • • •-,,.« Subchapter V. TaxicabiMieteringiwrS
50-307. Duties of Commission; jurisdiction, pow-
ers, and duties of Commission panels. 50-381. Metered taxicabs in the District of Co-
lumbia.
:;. • "': .0 xii-'uny^ht
Subchapter I. General.
§ 50-303. Definitions.
: 'j
Historical and Statutory Notes
Emergency Act Amendments Emergency Amendment Act of 2012 '(D.C, Act.',
For temporary (90 day) amendment of section, 19-403, July 24, 2012, 59 DCR 9116); ! J*' t
see § 2(a) of the Taxicab Service Improvement ... ,,,1
332
GENERAL LAWS
§ 50-921.02
§ 50-307. Duties of Commission; jurisdiction, powers, and duties of Commis-
sion panels.
Historical and Statutory Notes
Emergency Act Amendments ment Act of 2012 (D.C. Act 19-403, July 24, 2012,
For temporary (90 day) addition, see § 3 of the 59 D.CR 9116).
Taxicab Service Improvement Emergency Amend-
§ 50-320. District of Columbia Taxicab Commission Fund; established.
Historical and Statutory Notes
Emergency Act Amendments Emergency Amendment Act of 2012 (D.C. Act
For temporary (90 day) amendment of section, 19-403, July 24, 2012, 59 DCR 9116).
see § 2(b) of the Taxicab Service Improvement
Subchapter V. Taxicab Metering.
§ 50-381. Metered taxicabs in the District of Columbia.
Notes of Decisions
Traffic stops 1
1. Traffic stops
D.C. Taxicab Commission's (DCTC's) promul-
gation of General Order rendered moot claim for
injunctive relief by taxicab drivers' association al-
leging that DCTC's policy of encouraging unlawful
violated the Fourth Amendment and seeking adop-
tion of the same policy formalized in order permit-
ting traffic stops only where there was reasonable
cause; no reasonable expectation existed that
DCTC would retract order in the future, and order
provided sufficiently clear direction to government
employees to ameliorate effects of alleged viola-
tioa D.C. Professional Taxicab Drivers Ass'n v.
District of Columbia, 2012, 2012 WL 3065309. In-
traffic stops and inspections by hack inspectors junction <&=> 1066; Injunction ®= 1183
SUBTITLE IV
MOTORIZED VEHICLE REGISTRATION,
INSPECTION, LICENSING.
Chapter 9A
Department of Transportation
Section
50-921.02.
Subchapter I. General.
Director.
Section
50-921.04.
50-921.13.
Duties.
The District Department of Transpor-
tation Enterprise Fund for Trans-
portation Initiatives.
Subchapter I. General.
§ 50-921.02. Director.
Historical and Statutory Notes
Emergency Act Amendments
For temporary (90 day) amendment of section,
see § 2 of District Department of Transportation
Grant Authority Emergency Amendment Act of
2012 (D.C. Act 19-353, May 11, 2012, 59 DCR
5125).
For temporary (90 day) amendment of section,
see § 2 of the District Department of Transporta-
tion Grant Authority Congressional Review Emer-
gency Amendment Act of 2012 (D.C. Act 19^405,
July 24, 2012, 59 DCR 9122).
333
§ 50-921.04 D.C. OFFICIABiiSIQDE
§ 50-921.04. Duties. , , .■■/:. ; , ;:;■■'■ ; A : :M5 S
Historical and Statutory Notes
Emergency Act Amendments Congressional Review Emergency Act of 2012
.' For temporary (90 day) addition of sections, see (D.C. Act 19-413, July 25, 2012, 59 DCR 92g0) a t
§§ 6062, 6063 of Fiscal Year 2013 Budget Support p or temporary (90 day) amendment of section,
Emergency Act of 2012 (D.C. Act 19-383, June 19, see § 2 ( a ) of District Department of Transports
2012, 59 DCR 7764). y on Bicycle Sharing Fund Emergency Amendment
For temporary (90 day) addition of sections, see Act of 2012 (D.C. Act 19-424; July 27, 2012 r 59
§§ 6062, 6063 of Fiscal Year 2013 Budget Support DCR 9375). ' ' ■••■■■■■'■ ■'•"■' ■■■ '<-'•<-• «
§ 50-921.13, The District Department of Transportation Enterprise Fund for
Transportation Initiatives. ,
Historical and Statutory Notes
Emergency Act Amendments ■ . ,- - , ',;- For .temporary (90 day) addition of section, see
For temporary (90 day) amendment of section, "'' § 2(c) of District Department of Transportation
see § 2(b) of District Department of Transporta- Bicycle Sharing. Fund Emergency Amendment .Act
tion Bicycle Sharing Fund Emergency Amendment f 2012 (D.C. Act 19-424,' July 27, 2012,' 59'ffCi
Act, of 2012 (D.C. Act 19-424, July 27, 2012, 59 qo TO
DCR 9375). i;;;i;,?v^r?o'^^
.■•:■■. ;- : '■'' • ■.■."■; '■"' ' ■■■:'■.'■ ■■■.' '■.■•■'.■• J ;'iip.S« -ifftfi'iT
Chapter 15
Registration of Motor Vehicles. , r^? r
Subchapter I. General Provisions. , .' 'o ';o;:;.
Section
50-1501.04. Unlawful acts; penalty.
)7;!')/i:i[;
Subchapter I. General Provisions.
§ 50-1501.04. Unlawful acts; penalty.
Historical and Statutory Notes
Emergency Act Amendments Motorist Repeal Emergency Amendment Act of
For temporary (90 day) amendment of section, .2012 (D..C. Act 19-404, July 24, 2012, 59 DCR
see § 2 of the Criminal Penalty for Unregistered 9120); ••"- -'■■ ''-.
SUBTITLE VI " Mf " i "'"' :> ■' V! " ii:,,v,r ;' !
'•■■^ ;: '^ ■■■•''•'-' ■ " : -■ ' .SAFETY. , IW '™ U j£tm
Chapter 19
Motor Vehicle Operators; Implied Consent
to Blood-Alcohol Content Tests^^i- .ga,^ < t r, i{
Section Section
50-1901. Definitions. 50-1904. Availability of test information.
50-4902. Implied consent to Blood-alcohol content 50-1905. Test refusal; 'penalty; 'incapacitated
.■'.■ or blood-drug content tests; adminis- person; use of evidence. -
m i n .„ _tration; accidents. -■ , go^gog. License revocation or denial' order;
50-4903. Blood, tests; physician or nurse to with- ,^. ,. : ,: i '.'
drawblood; additional test by private _„ ,.„_ T ,. . m ^' . , '.' ....■• . ; '■'[;.",
physician. ' ',*'■ * 50-1907. Judicial review. /((!;K .
334
GENERAL LAWS § 50-1907
§ 50-1901. Definitions.
Historical and Statutory Notes
Emergency Act Amendments ing and Alcohol Testing Program Emergency
For temporary (90 day) amendment of section, Amendment Act of 2012 (D.C. Act 19^429, July 30,
see § 101(c)(1) of Comprehensive Impaired Driv- 2012, 59 DCR 9387).
§ 50-1902. Implied consent to blood-alcohol content or blood-drug content
tests; administration; accidents.
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Amend-
For temporary (90 day) repeal of section, see ment Act of 2012 (D.C. Act 19^29, July 30, 2012,
§ 101(c)(2) of Comprehensive Impaired Driving 59 DCR 9387).
§ 50-1903. Blood tests; physician or nurse to withdraw blood; additional test
by private physician.
Historical and Statutory Notes
Emergency Act Amendments ing and Alcohol Testing Program Emergency
For temporary (90 day) amendment of section, Amendment Act of 2012 (D.C. Act 19^429, July 30,
see § 101(c)(3) of Comprehensive Impaired Driv- 2012, 59 DCR 9387).
§ 50-1904. Availability of test information.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of sections, see
For temporary (90 day) amendment of section, § 101(d)(1) of Comprehensive Impaired Driving
see § 101(c)(4) of Comprehensive Impaired Driv- and Alcohol Testing Program Emergency Amend-
ing and Alcohol Testing Program Emergency men t Act of 2012 (D.C. Act 19^29, July 30, 2012,
Amendment Act of 2012 (D.C. Act 19^29, July 30, 59 DCR 9387 )
dyjxAf 59 JJOiai uooJ).
§ 50-1905. Test refusal; penalty; incapacitated person; use of evidence.
Historical and Statutory Notes
Emergency Act Amendments ing and Alcohol Testing Program Emergency
For temporary (90 day) amendment of section, Amendment Act of 2012 (D.C. Act 19^429, July 30,
see § 101(d)(2) of Comprehensive Impaired Driv- 2012, 59 DCR 9387).
§ 50-1906. License revocation or denial order; hearing.
Historical and Statutory Notes
Emergency Act Amendments • ing and Alcohol Testing Program Emergency
For temporary (90 day) amendment of section, Amendment Act of 2012 (D.C. Act 19^429, July 30,
see § 101(d)(3) of Comprehensive Impaired Driv- 2012, 59 DCR 9387).
§ 50-1907. Judicial review.
Historical and Statutory Notes
Emergency Act Amendments Amendment Act of 2012 (D.C. Act 19^429, July 30,
For temporary (90 day) amendment of section, 2012 » 59 DCR 9SS ^-
see § 101(d)(4) of Comprehensive Impaired Driv- For temporary (90 day) addition of sections, see
ing and Alcohol Testing Program Emergency § 101(e) of Comprehensive Impaired Driving and
Alcohol Testing Program Emergency Amendment
335
§50-1907
D.C. OFFICIAL fCQDE
Act of 2012 (D.C. Act 19-429, July 30, 2012, 59
DCR 9387).
SUBTITLE VII
TRAFFIC.
Chapter 22
Regulation of Traffic,
Subchapter I. General Provisions.
Part A. Traffic Act, 1925.
Section
50-2201.02.
50-2201.03.
50-2201.04.
50-2201.04b.
50-2201.05.
Definitions. , V , :
Mayor to make rules; Department
of Transportation; Director;
Congressional and Council park-: j
tag; title fees; common carriers;
penalties; prosecutions; publica-
tion of regulations; excise tax; ;j
impoundment for outstanding vio- " !
lations. ..-:•
Speeding and reckless driving.
Operation of all-terrain vehicles and
dirt bikes.
Fleeing from scene of accident;
driving under the influence of li-i
quor or drugs.
Section
50-2201.05b. Fleeing from a law enforcement of-
ficer ina motor vehitles^-i;' /j;* ,-'
50-220L07. < Control over park system not affect-
i edby this part..: J Vi '■■.•';•■■;".•'"
I { . Subchapter III. /Driving; ^hilj^ndgr.
,,:.. the influence of Alcohol.
r 50-2205.02. . Evidence of intoxication.
'Stti-22t>5;63^ " ' Admissibility of test results.
"* ! Subchapter V. Automated '•<<
Traffic Enforcements <■"■'■>'
50-2209.02. Liability for fines;" notice of infrac-
tion; hearing.
Subchapter. I. General Provisions.
Part A Traffic Act, 1925.
§50-2201.02. Definitions.
When used in this part: ,. . ,•;:.,,.,-,■,„, ,;;. ... ■■ ■■ .•.;
(1) The term "motor vehicle" means all Vehicles propelled by internal-combustion en-
gines, electricity, or steam. The term "motor vehicle" shall not include traction engines,
road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as
defined by paragraph (15) of this section, or a battery-operated wheelchair when operated
" by a person with a disability. ,, , '..'.''.
(2) The term "Court" means the Superior Court of the District of Columbia.
(3) Repealed. , . , , v , ( „ „
(4) The term "Mayor" means the Mayor of the District 'of' Sbiuihhia Wr his ; desigrla"te^
agent.
(4A) The term "mini-van" means any 7 passenger vehicle which is not a sedan, station
><•/ wagon, pick-up, or jeep-type vehicle, having awheel base over 114 inches.. ' -;■' ■ >;■ - k..'i
■ i:; (5) The term "person" means individual, partnership, corporation, or association.' " >
(6) The term "park" means to leave any motor vehicle standing on a public' highway,
whether or not attended.
(7) The term "public highway" means any street, road, or public thoroughfare: ■";. • -'■'.■■'. !
(8) The term "this part" includes all lawful regulations issued thereunder by the Council
of the District of Columbia and all lawful rules issued thereunder by the Mayor of the
t „ District of Columbia or his designated agent.
(9) The term "vehicle" shall' apply to any appliance moved over a highway on wheels or
.,. traction tread, including street cars, draft animals, and beasts of burden.
(10) The term "traffic" shall be deemed to include not only motor vehicles but also all
<; vehicles, pedestrians, and animals, of every description.
336
GENERAL LAWS § 50-2201.04b
(11) The term "chemical test" means a test which measures or relates to the properties
or actions of chemicals.
(12) The term "Personal Mobility Device" or "PMD" means a motorized propulsion
device designed to transport one person or a self-balancing, two non-tandem wheeled
device, designed to transport only one person with an electric propulsion system, but
excluding a battery-operated wheelchair.
(13) The term "all-terrain vehicle" or "ATV" means any motor vehicle with not less than
3 low pressure tires, but not more than six low pressure tires, designed primarily for off-
road use and which has a seat or saddle designed to be straddled by the operator. The
terms "all-terrain vehicle" and "ATV" shall not include golf carts, riding lawnmowers, or
tractors.
(14) The term "dirt bike" means any motorcycle designed primarily for off-road use.
(15) The term "work zone" means the area of a highway or roadway that is affected by
construction, maintenance, or utility work activities, including the area delineated by and
> within all traffic control devices erected or installed to guide vehicular, pedestrian, and
bicycle traffic.
(16) ,c Vehicle conveyance fee" shall have the same meaning as provided in
§ 50-2301.02(9).
(Mar. 3, 1925, 43 Stat. 1119, eh. 443, § 2; July 3, 1926, 44 Stat. 812, eh. 739, § 1; Feb. 27, 1931, 46 Stat.
1424, ch. 317, § 1; Apr. 1, 1942, 56 Stat. 190, eh. 207, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title
I, § 155(a); Apr. 26, 1977, D.C. Law 1-133, title II, § 201(a), 23 DCR 9697; Nov. 15, 1983, D.C. Law 5-42,
§ 2(a), 30 DCR 4999; Mar. 15, 1985, D.C. Law 5-176, § 12(a), 32 DCR 748; May 5, 1992, D.C. Law 9-96,
§ 4(a), 38 DCR 7274; Apr. 27, 2001, D.C. Law 13-289, § 401(a), 48 DCR 2057; Mar. 25, 2003, D.C. Law
14-235, § 10(a), 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, §§ 90(c), 94 to 97, 51 DCR 881; Apr. 5,
2005, D.C. Law 15-289, § 2(a), 52 DCR 1446; Mar. 6, 2007, D.C. Law 16-224, § 101(a), 53 DCR 10225;
Jan. 23, 2008, D.C. Law 17-67, § 2(a), 54 DCR 11646; Mar. 20, 2009, D.C. Law 17-303, § 3(a), 55 DCR
12803.)
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Amend-
For temporary (90 day) amendment of section, ment Act of 2012 (D.C. Act 19-429, July 30, 2012,
see § 102(a) of Comprehensive Impaired- Driving 59 DCR 9387).
§ 50-2201.03. Mayor to make rules; Department of Transportation; Director;
Congressional and Council parking; title fees; common carri-
ers; penalties; prosecutions; publication of regulations; ex-
cise tax; impoundment for outstanding violations.
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Amend-
For temporary (90 day) amendment of section, ment Act of 2012 (D.C. Act 19-429, July 30, 2012,
see § 102(b) of Comprehensive Impaired Driving 59 DCR 9387).
§ 50-2201.04. Speeding and reckless driving.
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Amend-
For temporary (90 day) amendment of section, ment Act of 2012 (D.C. Act 19-429, July 30, 2012,
see § 102(c) of Comprehensive Impaired Driving 59 DCR 9387).
§ 50-2201.04b. Operation of all-terrain vehicles and dirt bikes.
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Amend-
For temporary (90 day) amendment of section, ment Act of 2012 (D.C. Act 19-429, July 30, 2012,
see § 102(d) of Comprehensive Impaired Driving 59 DCR 9387).
337
§50-2201.05 D.C. OEFlCIALfAmm
§ 50-2201.05. Fleeing from scene of accident; driving under the influence of
liquor or drugs. '« ™
■ ■ ■■• ' ,SI)
Historical and Statutory Notes jivsl)
Emergency Act Amendments Alcohol Testing Program Emergency Ameri'dm'ent
For temporary (90 day) repeal of section, see Act of 2012 (D.C. Act 19-429, July 30, 20'l2;' 3 59
§ 102(e) of Comprehensive Impaired Driving and DCR 9387). -'D
■'■■-, ■.,■;' ■. ■;, ? ,-l[ i\
Notes of Decisions of
22. : Instructions to be impaired in any way or at some level, wtiich
Trial court's error in instructing jury that oper- was , essentially synonymous with "appreciable,"
fltino- whiflP whilP intoxicaterl rennirpd ]p^pv d P - J urv s Questions during deliberations focused on
ating vehicle while intoxicated required lesser de- obtaining darit for DUI eharg for wh ich,jury
gree of impairment than driving under influence never reached ^ erdictj and jury heard testimony
(DUI), when they both involved same level of about conduct that demonstrated impairment that
impairment, and required a finding that impair- was appreciable as'- matter of law. Taylor v. Bis-
ment was to appreciable degree, was harmless; ti-ict of Columbia, 2012, 2012 WL 3507654: 'Crimi-
ju'ry was instructed that, for OWI; defendant had -,i nal Law <S= 1172.1(3); ,; ■■ ■ v v " ; -' ,
§ 50-2201.05b. Fleeing from a law enforcement officer in a motor vehicle.
Historical and Statutory Notes '.',"".:[ 'I
Emergency Act Amendments For temporary (90 day) addition of sections,' see,
For temporary (90 day) amendment of section, § 102(g) of Comprehensive Impaired Driving -and
see § 102(f) of Comprehensive Impaired Driving Alcohol Testing Program Emergency Amendment
and Alcohol Testing Program Emergency Amend- Act of 2012 (D.C. Act 19^29, July 30, 2012,,i59,
ment Act of 2012 (D.C. Act 19-429, July 30, 2012, DCR 9387 ^ 71;o^''"
59 DCR 9387).
§ 50-2201.07. Control over park system not affected by this part.
Historical and Statutory Notes i? ,; ',
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 r .59,
§ 102(h) of Comprehensive Impaired Driving and DCR 9387). ; """" "" "
Subchapter III> Driving While Under the Influence of Alcohol.
§50-2205.02. Evidence of intoxication.
Historical and Statutory Notes
Emergency Act Amendments and Alcohol Testing Program Emergency Arnend-
For temporary (90 day) repeal of section, see ment Act of 2012 (D.C. Act 19-429, July 30, 2012,
§ 103(e)(2)(A) of Comprehensive Impaired Driving 59 DCR 9387). ■ .. .;.:.<■. :/ : .'■ •■• ■ ■'-'-■■.':
§ 50-2205.03. Admissibility of test results.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) addition of sections, see
For temporary (90 day) repeal of section, see § 103(e)(2)(C), (e)(3) of Comprehensive Impaired
§ 103(e)(2)(B) of Comprehensive Impaired Driving Driving and Alcohol Testing Program Emergency
and Alcohol Testing Program Emergency Amend- Amendment Act of 2012 (D.C. Act 19-429, July 30,
ment Act of 2012 (D.C. Act 19-^29, July 30, 2012, 2012, 59 DCR 9387).
59 DCIv 9387),
■.'•''.',..:■ .:u&
338
GENERAL LAWS § 50-2551
Subchapter V. Automated Traffic Enforcement.
§ 50-2209.02. Liability for fines; notice of infraction; hearing.
Notes of Decisions
3. Equal protection advanced District's deterrence interest in different
District of Columbia's policy of arresting motor- wav ^ at different cost, variable enforcement
fasts who sped in excess of thirty mph over speed B f eme "J™? 1 J k ? ho ° d *?"* f ee ™ S «° T
iwi. vi.1. ■ 4. ju v ca u 4 ists would be detected, and District could rational-
limit if they were stopped by police officers, but j asgume ^ ft ^ be ^ ive and less
not if their speeding was detected by automated effective to pursue criminal sanctions, as opposed
system, was rationally related to Districts legiti- to civu fineSj through automated system. Dixon v.
mate interest.in deterring speeding to ensure pub- District of Columbia, C.A.D.C.2011, 666 F,3d 1337,
lie safety, and thus did. not violate Fifth Amend- 399 U.SApp.D.C. 70. Automobiles ©=» 331; Con-
ment's equal protection component; each penalty stitutional Law "9=» 3787
Chapter 23
Traffic Adjudication.
Subchapter I. Purposes; Definitions; Estab-
lishment; Hearing Examiners; Sanctions;
Time Computations; Regulations.
Section
50-2301.05. Monetary sanctions.
Subchapter I. Purposes; Definitions; Establishment; Hearing
Examiners; Sanctions; Time Computations; Regulations.
§ 50-2301.05. Monetary sanctions.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 1054(b) of Fiscal Year 2013 Budget Support
see § 1054(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 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764).
SUBTITLE VIII
VEHICLES ON PUBLIC AND PRIVATE SPACE.
Chapter 25B
Ward 1 Residential Parking.
Section
50-2551. Ward 1 Enhanced Residential Parking
Program.
§ 50-2551. Ward 1 Enhanced Residential Parking Program.
(a) There is established a Ward 1 Enhanced Residential Parking Program ("Program").
Any Ward 1 Advisory Neighborhood Commission ("ANC") may, by resolution of that ANC,
vote to include blocks within the ANC in the Program. The Program will consist of the
following requirements:
339
§ 50-2551 D.C. OFFICIAL CODE)
(1) Any block that participates in the residential permit parking in Ward 1 shall have at
least 50% of the legal residential parking spaces on that block designated as Zone 1
Permitted Parking Only; , ,; ; j>
(2) A visitor parking pass program shall be available to residents similar to the program
in Mount Pleasant required by § 50-2537; and
(3) Any resident owning a vehicle registered at an address on a Ward 1 residential block,
may be granted a Zone 1 residential parking sticker, in accordance with the process'
developed by the Mayor pursuant to § 50-2552. ' .
(b) Blocks within a streetscape construction project impact zone, as designated by the
Mayor, shall be excluded from the Program until the Mayor declares that all major
construction associated with the streetscape has been completed.
(c) The Program shall not apply within one block of a ward boundary. Streets within brie
block of a ward boundary shall instead be designated so that vehicles displaying a valicl'
residential permit for either adjacent ward may park on any such block that was a residential'
permit parking street before the institution of the Program.
(Oct. 26, 2010, D.C. Law 18-240, § 2, 57 DCR 7186; July h, 2012, D.C. Law 19-157, § 5(a), 59 DCR
5598.)
Historical and Statutory Notes
Effect of Amendments retained By the, Council. The Bill was adopted' tin
D.C. Law' 19-157 added subsec. (c). ^ arid second f eadirigs on March 20, 2012, and
. . . ,, „ , „ T May 1, 2012, respectively. Signed by the Mayor
Legislative History of Laws on May 15; 2012) it was assigned Act No . 19 _ 3GAi
Law 19-157, the "Advisory Neighborhood Com- and transmitted to both Houses of Congress for its!
missions Boundaries Act of 2012", was introduced review. D.C. Law 19-157 became effective on July
in Council and assigned Bill No. 19-528, which was 13, 2012.
Chapter 26 ■
Regulation of Parking. ; , ;
Subchapter I. General Provisions. Section
ties; dispose of property; establish
fn n^oo t% • * at ' l ■ ■ l rates '> install' parking meters;, make
50-2603, Power of Mayor to acquu-e property; street improvements.
construct and maintain parking facili- r - . .-r. . ....
Subchapter I. General Provisions.
§ 50-2603. Power of Mayor to acquire property; construct arid j maintain
parking facilities; dispose of property; establish rates; install
parking meters; make street improvements.
Historical and Statutory Notes ' v
Temporary Amendments of Section except for fees collected in performance parking
Section 2 of D.C. Law 19-134 added par. (8) to pilot zones; pursuant to^the^Perform^nce Parking
m j „„„ fniinwo. Pilot Zone Act of 2008, effective November 25,
read ass touows. 200g (D c L&w 17 _ 27g . D Q _ Qfficjal Qode
"(8) As of October 1, 2011, all fees collected for § 50-2531 et seq.) ('2008 act'), and dedicated in
the parking of vehicles where meters or devices section 5 of the 2008 act.".
are installed shall be dedicated annually to paying Section 4(b) of D;C. Law 19-341 provides that
the District's annual operating subsidies to the the act shall expire after 225 days of its having
Washington Metropolitan Area Transit Authority, taken effect.
340
GENERAL LAWS § 51-109
Note 10
TITLE 51
SOCIAL SECURITY.
Chapter Section
1. Unemployment Compensation 51-103
Chapter 1
Unemployment Compensation.
Subchapter I. General. Section
Part A. Administration of the District 51-107. Determination of amount and duration of
Unemployment Fund. benefits.
. 51-109. Eligibility for benefits.
f-f^no" r, , ■ ,-,.,. 51-110. Disqualification for benefits. '
51-103. Employer contributions.
Subchapter I. General.
Part A. Administration of the District Unemployment Fund.
§ 51-103. Employer contributions.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 2002(a) of Fiscal Year 2013 Budget Support
see § 2002(a) 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).
§ 51-107. Determination of amount and duration of benefits.
Historical and Statutory Notes
Emergency Act Amendments For temporary (90 day) amendment of section,
For temporary (90 day) amendment of section, see § 2002(b) of Fiscal Year 2013 Budget Support
see § 2002(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 19-413, July 25, 2012, 59 DCR 9290).
2012, 59 DCR 7764). > j . .
§ 51-109. Eligibility for benefits.
Notes of Decisions
10. Voluntariness of resignation — In general stances, and appellate court could not accept uncri-
Unemployment compensation claimant, who vol- ticaUy claimant's conclusory testimony that the
untarily quit her job after employer cut her hours, reduction in compensation created a hardship,
and thus her wages, by 25% and reduced her Consumer Action Network v. Tielman, 2012, 2012
employee benefits, had burden to show that she WL 3508521. Unemployment Compensation @=>
acted as a reasonable and prudent person in the 119; Unemployment Compensation @=> 120; Un-
labor market would have done in the same circum- employment Compensation @=> 431
341
§51-110
§ 51-110. Disqualification for benefits.
D.C. OFFICIABtflODE
Notes of Decisions
30.
— Weight and sufficiency of evidence,
voluntary abandonment of employment
Substantial evidence supported administrative
law judge's (ALJ) finding that unemployment com-
pensation claimant quit due to the reduction in her
wages and the decrease in employer's coverage of
her health insurance premiums; both at the hear-
ing before the ALJ and in her resignation letter,
claimant explicitly cited the "reduction in hours"
and the corresponding "25% drop in pay" as the
reason for her departure, and she also mentioned
the increased cost of her health insurance premi-
ums, and claimant acknowledged that her work
situation had been deteriorating for a while, but
explained that having it now affect her finances as
well as everything else just was the last straw.
Consumer Action Network v. Tielman, 2012, 2012
WL 3508521. Unemployment Compensation ®=
431
37. Employer rule violations, misconduct
of employee
Employee's failure to come in for an investiga-
tive interview within five days of reporting client-
on-client abuse at residential facility for physically
and mentally challenged individuals did not
amount to gross misconduct precluding eligibility
for unemployment compensation; employer did not
present evidence that employee's failure to cooper-
ate with its investigation was a repeat offense or
that its business had suffered or in fact was threat-
ened with grave consequences as a result of em-
ployee's conduct. Scott v. Behavioral Research
Associates, Inc., 2012, 43 A3d 925. Unemploy-
ment Compensation ®= 66
43. Absence or tardiness, misconduct of
employee
Although employer might reasonably have be-
lieved, in light of claimant's absences, that it would
be to its economic advantage to replace her, such a
belief did not automatically warrant the denial;gf
unemployment compensation benefits, and instead,
proof by the employer that claimant was fired for
misconduct, either gross or simple, was required.
Hamilton v. Hojejj Branded Food, Inc., 2012, 41
A3d 464. Unemployment Compensation ®= 78
57. Findings and conclusions of law
In proceeding denying terminated employee un-
employment compensation,, administrative; law
judge failed to make ■ sufficiently, specific findings
as to either the standard of behavior that employee
allegedly disregarded and how she disregarded"^,
or whether employee's non-compliance witfr the
standard was knowing and intentional, which were
necessary for a finding that employee was dis-
' charged for misconduct and was therefore ineligi-
ble for benefits. Scott v. Behavioral Research
Associates, Inc., 2012, 43 A;3'd 925^ Unemploy-
ment Compensation ®= 298
Administrative law judge (ALJ) erre'd^wherf'she
failed to include adequately in her calculus unem-
ployment compensation claimant's uncontradicted
testimony, and the documentary evidence support-
ing that testimony, relating to the circumstances of
her absences and single tardiness, and therefore,
ALJ's order, denying claimant unemployment ben-
efits, could not stand; ALJ disregarded claimant's
uncontradicted testimony that she had flat tire
while en route to work and that she had., [made
extensive efforts to bring the problem to the em-
ployer's attention. Hamilton v. Hojejj Branded
Food, Inc., 2012, 41 A3d 464. Unemployment
Compensation ®= 418 ;.■■,.■,: o. f , )£i ,v]
::? ■■■ ';.-. :/:::"■:■■■::;:,■/.■ ."C
342
DISPOSITION TABLE
This table accounts for all- enactments which affect sections of the District of Columbia
Official Code appearing in the 2001 Edition. The table has been divided into a number of
separate tables, each with its own individualized columns. The entries throughout this
table reflect and are derived from the historical citations which appear following the text
of each section in the 2001 Edition.
STATUTES AT LARGE
Volume 126
Date
Page
Pub. L.
Chapter
Section
Official Code
2001 D.C.
July 9, 2012
990
112-143
Ka)
1(b)
Kc).
Kd)
1(e)(1)
1(e)(2)
Kf)
2
3
6-321.01
6-321.01
6-321.02
6-321.04
6-321.05
6-321.03
6-321.08
37-205.01
6-321.01 note
July 18, 2012
1133
112-145
2(a)(1)
2(a)(2)
2(a)(3)
2(b)
2(c)
3
1-204.01 note,
1-204.35 note
1-204.01
1-204.01
1-204.01
1-204.21
1-204.35
1-204.21 note,
T-l
DISTRICT OF COLUMBIA LAWS
Date
,May 31, 2012
June '5, '2012
D,C.
Law
19-127
19-128
19-129
19-130
19-131
19-132
19-133
19-134
19-135
19-137
19-138
19-139
Section
2
2 .,
3
2
2
2(a)
2(b)
2
3
4
i
6
7
2
2
2
101
102
103
104
105
106
107 ;
108 '•"'■' :
109
110
111
112
113
114
115
116
117
118
119
120
121(a)
121(b)
201(a)(1)
201(a)(2)
201(b)
2(a)
2(b)
2(a)
2(b)
2(e)
2(d)
2001 D.C.
Official Code
32-1004
3-1313
3-1313 note
25-374 note
1-328.03 note
1-1001.07
1-1001.09
32-1361
32-1362
32-1363
32-1364.;
32-1365J
32-1365*;
32-13'67'!
32^368,;
16^-902"
50-2603' nofe!
47-1812.08J
note"'
1-1061.011
1-10'61.02
1-1061.03
1-1061.04
1-1061.05
1-1061.06
1-1061.07
1-1061.08 ,
1-1061.09 '
1-1061.10
1-1061.11
1-1061.12
1-1061.13
1-1061.14
1-1061.15
1-1061.16
1-1061.17
1-1061.18
1-1061.19
1-1061.20
1-1001.05
22-2405
1-1001.05
1-1001.08
1-309.05
40-301.02
40-303.16
6-1451.01
6-1451.02
6-1451.03
6-1451.04
T
D.C. ,
;.'. 2001 D.C.
Date
Law
Section
Official Code
June 5, 2012
19-139
2(e) .
6-1451.05,
,6-1451.06
, ■ c ■
2(f).'; r :,
. ,; 6^-1451:07
2(g)
6-1451.08
2(h)
6-1451.09
:.i
2(i)
6-1451.10
2(j)
6-1451.11
".' t}J
3
6-1412
June 7, 2012
19-140
2
i2-35Q2.17
i
19il : 4 : i
102 ; ' ; |
2-1517.01
. _ j _. ._
i
103 ;i
- 2=1517.02
i» ! - '■ i 1|
202"-;
2-1517.31
I
'
203 i
2-1517.32
302(a);
38-201
I
j ■
302(bj
38-203
;
i
303 i
38-2602
402(a)'
7-1131.02
J
i
]
j
, .!
402(bj
7-1131.17,
7-1131.18,
, r 7-1131,19
i
' ' ! 'i
502 >
"'2-1517.51
1
503 :
2-1517.52
j
504(a)
2-1515.01
i
504(b)
2-1515.04
j
504(c)
2-1515.04a
;
505(a)
4-1301.02
1
505(b);
4-1303.03e
i
601 '
2-1515.04a
note,
2-1517.01
note,
4-1303.03e
note,
7-1131.17
note,
7-1131.18
note,
7-1131.19
note
June 19, 2012
19-142
101
38-751.01
102
38-751.02
103
38-751.03
104
38-751.04
105
38-751.05
201
38-752.01
202
38-752.02
203
38-752.03
301
38-753.01
302
38-753.02
303
38-753.03
304
38-753.04
DISPOSITION TABLE
D.C.
2001 D.C.
Date
Law
Section
Official Code
June 19, 2012
19-142
305
401
38-753.05
38-754.01
402
38-754.02
403
38-754.03
404
38-754.04
501
38-755.01
502
38-755.02
503
38-755.03
504'
38-755.04
601
38-756.01
701
38-757.01
June 20, 2012
19-143
101
102
31-631
31-632
103
31-633
104
31-634
19-144
201(a)
201(b)
2(a)
26-551.02
26-551.05
37-131.01
note
2(b)
37-131.03
note
2(c)
37-131.04
note
19-145
2
3
1-309.03 note
' 1-309.03 note
4
1-309.05 note
19-146
2
7-1671.06
note
19-147
2
16-2702 note
July 13, 2012
19-149
2(a)(2)
2(a)(3)
2(a)(4) .
2(b)
3
47-2002.01
47-2003
47-2004
47-2762
47-2002.01
note
19-150
2
42-1901.04
19-151
2
47-4605
3
47-4605 note
19-152
2
7-1631
3
7-1632
4
7-1633
D.C.
2001 D.C.
Date
Law
Section
Official Code
July 13, 20.12
19-153
2
47-4639
3
47-4639 note
19-154
2
9-204.01 note
19-155
2(a)
47-825.01a
2(b)
47-831
2(c)
47-850.02
2(d)
47-863
2(e)
47-893
3(a)
47-811.02
3(b)
47-820
3(c)
47-824
4
47-412.01
note,
47-825.01
note,
47-825.01a
note
5
47-825.01a
note
19-156
2
3-1205.10
19-157
2
1-309.03 note
3
1-309.03 note
4
1-309.03 note
5(a)
50-2551
6
1-309.05
19-158
2(b)
47-4633
2(c)
47-4628
3
47-4628 note,
47-4633 note
19-159
2
9-204.01 note
19-160
2
9-204.01 note
19-161
2
2-1215.58
19-162
2
4-1303.03
3
1-608.01
19-163
2
9-204.01 note
19-164
2
4-1301.09a
3
4-1321.02
19-165
2
47-863
3
47-863 note
T-3
POPULAR NAME TABLE
This table indicates those acts, by name, which are incorporated in the 2001 Edition of the
District of Columbia Official Code. , j
The table is alphabetized by name of the act (short title). The date arid citation of the act
appears directly below each name. Reference should be made to the Disposition Table, where
by means of the date and citation of the act one can determine the disposition of the act in the
2001 Edition. * •'.',-.
Adolf Cluss Court Alley Designation Act of 2012
July 13, 2012, D.C. Law 19-154, 59 DCR 5140.
Advisory Neighborhood Commissions Bound-
aries Act of 2012
July 13, 2012, D.C. Law 19-157, 59 DCR 5598.
Advisory Neighborhood Commissions Bound-
aries Temporary Act of 2012
June 20, 2012, D.C. Law 19-145, 59 DCR 4075.
Age-in-PIace and Equitable Senior Citizen Real
Property Act of 2012
July 13, 2012, D.C. Law 19-165, 59 DCR 6188.
Board of Elections and Ethics Electoral Pro-
cess Improvement Amendment Act of 2012
May 31, 2012, D.C. Law 19-131, 59 DCR 2389.
Capitol Riverfront BID Amendment Act of 2012
July 13, 2012, D.C. Law 19-161, 59 DCR 5704.
Car Wash Employee Overtime Amendment Act
of 2012 t
May 31, 2012, D.C. Law 19-127, 59; DCR 2252.
Carver 2000 Low-Income and Senior Housing
Project Amendment Act of 2012 ■
July 13, 2012, D.C. Law 19-151, 59 DCR 5134.
Child Abuse Prevention and Treatment Amend-
ment Act of 2012
July 13, 2012, D.C. Law 19-164, 59 DCR 6185.
Civil Marriage Dissolution Equality Act of 2012
May 31, 2012, D.C. Law 19-133, 59 DCR 2395.
Combined Condominium Real Property Tax
Amendment Act of 2012
July 13, 2012, D.C. Law 19-150, 59 DCR 5132.
Comprehensive Military and Overseas Voters
Accommodation Amendment Act of 2012
June 5, 2012, D.C. Law 19-137, 59 DCR 2542.
DDOT Omnibus Conforming Temporary
Amendment Act of 2012
May 31, 2012, D.C. Law 19-134, 59 DCR 2397.
DISB Fingerprint-Based Background Check
Authorization Act of 2012
June 20, 2012, D.C. Law 19-143, 59 DCR 4069.
Elizabeth P. Thomas Way Designation Act of
2012
July 13, 2012, D.C. Law 19-159, 59 DCR 5700.
Foster Care (Youth Employment 5 Amendment
;'Actof2012' '■' ' "'' ;'■ '-'"■'">'
;;; July; 13, 2012, D.C. Law' 19-162, 59 DCR 5713.
Fresh ' Healthy Mobile Cart Vending Pilot in
; Urtderserved Areas Temporary Amendment
> Act of 2012
; = Jun'e 20, 2012, D.C. Law 19-144, 59 DCR 4073.
Green Building Compliance, Technical Correc-
tions, and Clarification Amendment Act of
2012
June 5, 2012, D.C. Law 19-139, 59 DCR 2555.
Hilda H.M. Mason Way Designation Act of 2012
July 13, 2012, D.C. Law 19-163, 59 DCR 5716.
HIV/AIDS Continuing Education Requirements
Amendment Act of 2012
July 13, 2012, D.C. Law 19-156, 59 DCR 5595.
Jubilee Housing Residential Rental Project
Real Property Tax Exemption Clarification
Act of 2012
July 13, 2012, D.C. Law 19-158, 59 DCR 5689, ;ii
King Towers Residential Housing Real Proper-
ty Tax Exemption Clarification Act of 2012
, July 13, 2012, D.C. Law 19-153, 59 DCR 5138.
Lottery Amendment Repeal Amendment Act of
' 2012 ■ i ■
','. May 31, 2012, D.C. Law 19-128, gfij DCR 2254.
Mechanics Lien Amendment Act of 2012
June 5, 2012, D.C. Law 19-138, 59 DCR 2553.
Medical Marijuana Cultivation Center Tempo-
rary Amendment Act of 2012' i
! June 20, 2012, D.C. Law/l9-146, 5^ DCR 4164.
Moratorium on Establishments Which Permit
Nude Dancing Temporary Act of 2012
May 31, 2012, D.C. Law 19-129, 59 DCR 2256.
Raising the Expectations for Education Out-
comes Omnibus Act of 2012
June 19, 2012, D.C. Law 19-142, 59 DCR 3642.
Real Property Tax Appeals Commission Estab-
lishment Act of 2012
July 13, 2012, D.C. Law 19-155, 59 DCR 5590.
Senior HIV/AIDS Education and Outreach Pro-
gram Establishment Act of 2012
July 13, 2012, D.C- Law 19-152, 59 DCR 5136.
T-4
POPULAR NAME TABLE
South Capitol Street Memorial Amendment Act
of 2012
June 7, 2012, D.C. Law 19-141, 59 DCR 3083.
Targeted Retirement Distribution Withholding
Temporary Act of 2012
May 31, 2012, D.C. Law 19-135, 59 DCR 2399.
Tenant Security Deposits Clarification Amend-
ment Act of 2012
June 7, 2012, D.C. Law 19-140, 59 DCR 2879.
Unemployed Anti-Discrimination Act of 2012
May 31, 2012, D.C. Law 19-132, 59 DCR 2391.
Vendor Sales Tax Collection and Remittance
Act of 2012
July 13, 2012, D.C. Law 19-149, 59 DCR 5129.
Where Lincoln's Legacy Lives Designation Act
of 2012
July 13, 2012, D.C. Law 19-160, 59 DCR 5702.
Workforce Job Development Grant-Making Au-
thority Temporary Act of 2012
May 31, 2012, D.C. Law 19-130, 59 DCR 2387.
Wrongful Death Temporary Act of 2012
June 20, 2012', D.C. Law 19-147, 59 DCR 4166.
T-5
DISTRICT OF COLUMBIA REGISTER TABLE
This table indicates, by citation to the District of Columbia Register, the disposition of the
D.Gi Laws in the 2001 Edition..
The table is to be used as follows: The first and second columns indicate the citation of the
D.C. Laws in the D.C. Register by volume number and page number of the Register. The
third column indicates the date of the D.C. Law. The fourth column denotes the D.C. Law
number. The fifth column indicates the section of the 2001 Edition in which the D.C. Law ;i
is treated. ,.
Vbiuitie
Page "
Date
D.C.
Law
' 2001 D.C.
Official Code
59
2252
May 31, 2012
19-127
32-1004
2254
May 31, 2012
19-128
3-1313, 3-1313 note
2256
May 31, 2012
19-129
25-374 note
2387
May 31, 2012
19-130
1-328.03 note
2389
May 31, 2012
19-131
1-1001.07, 1-1001.09
2391
May 31, 2012
19-132
32-1361; 32-1362, 32-1363,
32-1364, 32-1365, 32-1366,
32-1367, 32-1368
2395
May 31, 2012
19-133
16-902
2397
May 31, 2012
19-134
50-2603 note
2399
May 31, 2012
19-135
47-1812.08 note
•
2542
June 5, 2012
19-137
1-309.05, 1-1001.05, 1-1001.08,
1-1061.01, 1-1061.02, 1-1061.03,
1-1061.04, 1-1061.05, 1-1061.06,
1-1061.07, 1-1061.08, 1-1061.09,
1-1061.10, 1-1061.11, 1-1061.12,
1-1061,13, 1-1061.14; 1-1061.15,
1-1061.16, 1-1061.17, 1-1061.18,
1-1061.19, 1-1061.20, 22-2405
2553
June 5, 2012
19-138
40-301.02, 40-303.16
2555
June 5, 2012
19-139
6-1412, 6-1451.01, 6-1451.02,
6-1451.03, 6-1451.04, 6-1451.05,
6-1451.06, 6-1451.07, 6-1451.08,
6-1451.09, 6-1451.10, 6-1451.11
2879
June 7, 2012
19-140
42-3502.17
3083
June 7, 2012
19-141
2-1515.01, 2-1515.04, 2-1515.04a,
2-1515.04a note, 2-1517.01,
2-1517.01 note, 2-1517.02,
2-1517.31, 2-1517.32, 2-1517.51,
2-1517.52, 4-1301.02, 4-1303.03e,
4-1303.03e note, 7-1131.02,
7-1131.17, 7-1131.17 note,
7-1131.18, 7-1131.18 note,
7-1131.19, 7-1131.19 note,
38-201, 38-203, 38-2602
3642
June 19, 2012
19-142
38-751.01, 38-751.02, 38-751.03,
38-751.04, 38-751.05, 38-752.01,
38-752.02, 38-752.03, 38-753.01,
38-753.02, 38-753.03, 38-753.04,
38-753.05, 38-754.01, 38-754.02,
38-754.03, 38-754.04, 38-755.01,
T-6
DISTRICT OF COLUMBIA REGISTER TABLE
Volume
Page
Date
D.C.
Law
2001 D.C.
Official Code
59
3642
June 19, 2012
19-142
38-755.02, 38-755.03, 38-755.04,
38-756.01, 38-757.01
4069
June 20, 2012
19-143
26-551.02, 26-551.05, 31-631,
31-632, 31-633, 31-634
4073
June 20, 2012
19-144
37-131.01 note, 37-131.03 note,
37-131.04 note
4075
June 20, 2012
19-145
1-309:03 note, 1-309.05 note
4164
June 20, 2012
19-146
7-1671.06 note
4166
June 20, 2012
19-147
16-2702 note
5129
July 13, 2012
19-149
.47-2002.01, 47-2002.01 note,
47-2003, 47-2004, 47-2762
5132
July 13, 2012
19-150
42-1901.04
5134
July 13, 2012
19-151
47-4605, 47-4605 note
5136
July 13, 2012
19-152
7-1631, 7-1632, 7-1633
5138
July 13, 2012
19-153
47-4639, 47-4639 note
5140
July 13, 2012
19-154
9-204.01 note
5590
July 13, 2012
19-155
47-412.01 note, 47-811.02,
47-820, 47-824, 47-825.01 note,
47-825.01a, 47-825.01a note,
47-831, 47-850.02, 47-863,
47-893
5595
July 13, 2012
19-156
3-1205.10
5598
July 13, 2012
19-157
1-309.03 note, 1-309.05,
50-2551
*
5689
July 13, 2012
19-158
47-4628, 47-4628 note, 47-4633,
47-4633 note
5700
July 13, 2012
19-159
9-204.01 note
5702
July 13, 2012
19-160
9-204.01 note
5704
July 13, 2012
19-161
2-1215.58
5713
July 13, 2012
19-162
1-608.01, 4-1303.03
5716
July 13, 2012
19-163'
9-204.01 note
6185
July 13, 2012
19-164
4-1301.09a, 4-1321.02
6188
July 13, 2012
19-165
47-863, 47-863 note
T-7
EMERGENCY ACT TABLE
:-;j..!,uhIoV
2001
Date
Act •■•'''
Section
: Edition
May 11, 2012
19-352
2(a)
i 7-2501.01
note
•■•-■■ ? ' •'"■■''
..,. ■ (i
2(b)
■ 7-2502.01
note
-,<■■■;'■,■,' ■■■■)■
i
2(c)
; 7-2502.02
; note
,•■■■■■>■■■■ ':.:■■ :
r, .snx
2(d)
\ 7-2502.03
note
[:>: .':.".. • ;
2(e)
i 7-2502.04
; note
■ *-' ■ , ' .■ ; ■'■
':' ' "'
2(f)
7-2502.05
I note
,1':'.^:' l':'
2(g)
: 7-2502.06
note
:■>■ '■■ ' ,.■
2(h)
7-2502.07a
i note
."W:,u; >■',
;2(C '- ■
! 7-2502.08
| note
, ,; ^'- [:'. ,'aM.
2(j)
i 7-2504.05
' note
';'.:■, , ' :
2(k)
: 7-2504.08'
note
,v ■ -' : :
2(1)
; 7-2504.09
■ note
: •.";''. ' f;
2(m)
! 7-2505.03
note
'. " > ,■ ,
2(n)
7-2506.01
note
::;)!.;• :■'; : . '-'..■
2(o)
; 7-2507.02
1 note
i':. . ,:■:.' ,-'i."
: ■.;. ll ,.
2(p)
2(q)
j 7-2507.06
j .note
| 7-2507.11
note
2(r)
7-2508.01
note
3(a)
22-4501 note
3(b)
22-4502 note
3(c)
22-4503 note
3(d)
22-4504 note
3(e)
22-4505 note
3(f)
22-4508 note
4
23-1331 note
19-353
2
50-921.02
note
May 16, 2012
19-371
2(a)
1-1163.10
note
2(b) :
1-1164.01
note
3
1-1164.01
note
May 30, 2012
19-377
2
1-328.03 note
!
2001
Date l '
Act
Section
Edition
June 15, 2012
19-378
2(a) \
42-815.01
note
'.-. .'■;';! , ■ -i' '>■ ■■■ ■
•
2(b) !
42-815.02
note
.... . ; ■ ,. '.' ■ '.i -.
■X- ,■.'.■.-,■'
2(c)' ; ', ; - ,
42-815.03
note
' f l ■.'•!'
19-379
2 .,!;:.
\ ;l.'. i f .
24-211.06
note
June 19, 2012
19-383
1012
1022''"
1-621.09 note
10-551.07
note
' ; >: .' ; ,' ■
1032(a) ;
1-623.06 note
'; > : . 'i m;
1032(b) '.
1-623.13 note
;••■.■• .;" ■;■'■:
|
1042' ■■',
1-336.06 note
■ : : ;!!.-■ ,;;■: ■■;■'•
1043 ' ;
1-336.06 note
i
1044 |
1-336.06 note
1045 ■
1-336.06 note
1046 !
1-336.06 note
1047 !■
1-336.06 note
:"'■''■,■; ,'•' ■.■■•■■
'
1048
1-336.06 note
' ' 1 ., '■
1049
1-336.06 note
1050 :'
1-336.06 note
1051 ■
1-336.06 note
1052
1-336.06 note
1053
1-336.06 note
1054(a)
1-333.11 note
1054(b)
50-2301.05
note
1 . .
1054(b)(1)
47-2862 note
1054(b)(2)
47-2866 note
; .■„, ;■:; ■• .
1055
1-629.04 note
1062
1-907.03 note
1063
1-907.03 note
1072(a)
1-1162.24
note
1072(b)
1-1162.25
note
1072(c)
1-1163.10
note
1072(d)
1-1164.01
note
1073
1-1162.02
note
1074
1-1162.24
note,
1-1162.25
note
1081
1-136.03 note
1082
1-136.03 note
1083
1-136.03 note
T-8
EMERGENCY ACT TABLE
2001
2001
Date
Act
Section
Edition
Date
Act
Section
Edition
June 19, 2012
19-383
1084
1-136.03 note
June .19, 2012
19-383
4062(b)
38-822.02
note
1085
1-136.03 note
1086
1-136.03 note
4062(c)
38-822.03
notfi
1087
1-136.03 note
4062(d)
38-822.04
1088
1-136.03 note
note
1089
1-136.03 note
4062(e)
38-822.05
1092(a)
1-609.02 note
note
1092(b)
1-609.03 note
4062(f)
38-822.06
1102(a)
47-355.01
note
4062(g)
note
38-823.01
1102(b)
47-355.02
note
4062(h)
note
38-823.03
2002(a)
51-103 note
note
2002(b)
51-107 note
4062(i)
38-824.02
2022(a)
2-1225.02
note
4062(j)
note
38-825.01
2022(b)
2-1225.21
note
4062(k)
note
38-825.03
2023
2-1225.21
note
4062(1)
note
38-826.03
2032
2-1225.42
note
4062(m)
note
38-826.02
2033 .
2-1225.42
note
4062(n)
note
38-827.01
2034
2-1225.42
note
4082
note
38-171 note
2035
2-1225.42
note
5002
7-1131.19
note
2036
2-1225.42
note
5012
7-1131.04
note
2132
10-801 note
5013
7-731 note
2152
2-1217.73
note
5014
5015
7-771.02 note
7-731 note
2162(a)
1-325.171
note
5016
44-951.13
note
2162(b)
1-325.173
note
5102
5112
4-753.03 note
7-1405 note
3042(a)
34-1802 note
5142
4-204.54 note
3042(b)
34-1803 note
5152
1-307.02 note
4002(a)
38-2903 note
6062
50-921.04
4002(b)
38-2904 note
note
4002(c)
38-2905 note
6063
50-921.04
4003
38-171 note
note
4022(a)
39-107 note
7002
47-1086 note
4022(b)
39-113 note
7003
47-4646 note
4032
38-1202.01
note
7004
2-1515.04a
note,
4042
38-1202.01
2-1517.01
4052
4062(a)
note
38-1802.14
note
38-821.02
note
note,
4-1303.03e
note,
7-1131.17
note,
T-9
EMERGENCY ACT TABLE
2001
Date
Act
Section
... Edition
June 19, 2012
19-383
7004 ■
7-1131.18
note,
7-1131.19
note
■:! ■':
7005
47-4605 note
7006
47-4655 note
7007
' 3-1313 note
•'; ■■'
7009
38-757.01
note
7010
47-2853.46
note,
47-2853.49
note
-.'•.'■ ' "'.
( i /.;
7011 ;
24-101 note,
24-101a note
■' ' i
c'V:
7012
..... i !
: i
... , |
. .. '
38-312 note,
38-312.01
note,
38-312.02
note,
38-312.03
note
■ ■.;
7013
7-703.03 note
]
7015
31-3171.18
note
,
7022
47-1812.08
note
7102(a)
42-1102 note
7102(b)
42-1102.02
note
!'
7102(c)
42-1103 note
' ■'. . ->"
7112
47-2001 note
■ ■ 1- .
7113
47-2015 note
7114
47-2201 note
7122
42-1103 note
'■'■■'■ ■ -
r
8002
1-301.01 note
:
8003
1-1201 note
r
8004
48-907.02
note
8005
8-1804 note
8006
1-325.91 note
'
8008
47-392.02
note
8009(a)
1 '
47-1803.02
note
8009(b)
47-1806.03
note
June 20; 2012
19-382
3(d)
47-1803.02
note
3(b)
i
47-1803.02
note
-
5
1-612.01 note
July 9, 2012
19-390
2 ,
16-2702 note
2001
Date
Act
Section
... Editidn
July 11, 2012
19-387
2(a)
1^303.21 note
•
<
2(b)
1-303.21 note
2(c)
1-303.22 note
■■ v. ;.i ; . '' ; '--'
2(d)
1-303.23 note
':' <■' V I - '
;
3(a)
6-1403 note
■■ V ' .''.i'i ll," ■ > ''
iiiji.
3(b)
6-1403.01
note
'■; ^ ^^.<1>a';- I'
>:'. i "■;
:3(c|)
6-1409 note
fii.r i,', V-
i'.yjS'
: 3(d)
6-1410 note
■li.ol
3(e)
6-1411 note
' ■'• -(if/:! ■ i'&
•>'!!:
4 ;
8-802 note
''"!.',;
5
9-1159 note
-. :■<>■•! n,{-ia
' ' . '•'■
6 •
25-763 note
t ; !~a \vi--t6 1
..' ,
7 :
42-1801 note
'j<ilyi3, ! 2012
19-391
2'"'
7-736.01 note
19-392,
2,
34-1506 note
July 18, 2012 ;
19-393
2' . ■
10-1805 note
^.„ r „ - ;
3,.
10-1805 note
,y,.,<r
4 >
10-1805 note
?;.'■ .r.>-.£ : 5; '
* i
■5;''.
10-1805 note
■;,■:.».
6
10-1805 note
19-394:
2(a)
7-2501.01
note
■■■ .■;' : '.: '-';■
"2(b)
7-2502.01
note
■■;.;:'
'2(c)
7-2502.02
note
'j: Hi
2(d,)
7-2502.03
note
'•■^ ! im ''''*
2(e)
7-2502.04
note
'..'(if;
'''•V,
2(f)
JiVt.j
7-2502.05
note
■j'-oi;
;..-!"&
2(g) .
7-2502.06
note
■' i: :
i'< A , f <°
20b
,:.s|
7-2502.07a
note
:■ .. ■.';■.- ';,
2(i)
7-2502.08
note
2(j)
7-2504.05
note
yum rff-.-ji; ;
(':)-:'
l(«)
7-2504.08
note
I'.'tciii Y0f '.If, •
•:!o:.'f':tr-fir: |
(ciii:
;2(i)
7-2504.09
note
: '?Mi;
f.i
:2(m)
!
7-2505.03
note
■;'-.'i
;
■2(ri)
7-2506.01
note
.'■' v ;'..'';■: '
'*'
'2(0)
7-2507.02
note
. ('■:;;:.
=2(p)
7-2507.06
note
T^IO
EMERGENCY ACT TABLE
2001
Date
Act
Section
Edition
July 18, 2012
19-394
2(q)
7-2507.11
note
2(r)
7-2508.01
note
3(a)
22-4501 note
3(b)
22-4502 note
3(c)
22-4503 note
3(d)
22-4504 note
3(e)
22-4505 note
3(f).
22-4508 note
4 •
23-1331 note
19-395
2
38-102 note
July 24, 2012
19^03
2(a)
50-303 note
2(b)
50-320 note
3
50-307 note
19^04
2
50-1501.04
note
19^05
2
50-921.02
note
19^06
3(a)
47-1803.02
note
3(b)
47-1803.02
note
5
1-612.01 note
19^07
2
47-4605 note
3
47-4605 note
19-408
2
38-1003 note
3
38-1003 note
19-409
2(a)
44-301.01
note
2(b)
44-301.07
note
19-410
2
38-1802.14
note
3
38-1802.14
note
July 25, 2012
19-413
1012
1-621.09 note
1022
10-551.07
note
1032(a)
1-623.06 note
1032(b)
1-623.13 note
1042
1-336.06 note
1043
1-336.06 note
1044
1-336.06 note
1045
1-336.06 note
1046
1-336.06 note
1047
1-336.06 note
1048
1-336.06 note
1049
1-336.06 note
1050
1-336.06 note
1051
1-336.06 note
1052
1-336.06 note
2001
Date
Act
Section
Edition
July 25, 2012
19-413
1053
1054(a)
1-336.06 note
1-333.11 note
1054(b)
50-2301.05
note
1054(b)(1)
47-2862 note
1054(b)(2)
47-2866 note
1055
1-629.04 note
1062
1-907.03 note
1063
1-907.03 note
1072(a)
1-1162.24
note
1072(b)
1-1162.25
note
1072(c)
1-1163.10
note
1072(d)
1-1164.01
' note
1073
1-1162.02
note
1074
1-1162.24
note,
1-1162.25
note
1081
1-136.03 note
1082
1-136.03 note
1083
1-136.03 note
1084
1-136.03 note
1085
1-136.03 note
1086
1-136.03 note
1087
1-136.03 note
1088
1-136.03 note
1089
1-136.03 note
1092(a)
1-609.02 note
1092(b)
1-612.03 note
1102(a)
47-355.01
note
1102(b)
47-355.02
note
2002(a)
51-103 note
2002(b)
51-107 note
2022(a)
2-1225.02
note
2022(b)
2-1225.21
note
2023
2-1225.21
note
2032
2-1225.42
note
2033
2-1225.42
note
2034
2-1225.42
note
T-ll
EMERGENCY ACT TABLE
.'..'
2001
Date
Act
Section
Edition
July 25, 2012
19-413 ■
2035 •
2-1225.42
note
'. .-.'., -.■■•.
2036
2-1225.42
note
. ;, ,'■.'. ■. '
■ .. )•■■';
2132
■ 10-801 note
:■ .-■ ■..■:,■-.
2152
2-1217.73
note
,,v. ;.. ■,;..
■
2162(a)
i 1-325.171
note
2162(b)
1-325.173
note
'.;,»■'
3042(a)
j 34-1802 note
3042(b)
34-1803 note
. >i ' /■■ !
4002(a)
, 38-2903 note
..-;,■ L
4002(b)
38-2904 note
\\ ■;■■'■
4002(e)
38-2905 note
■Jm.":.-
4003
38-171 note
■ J i' - i'. ■ .
\ <
4022(a)
39-107 note
4022(b)
, 39-113 note
4032
; 38-1202.01
note
, ,,. . ,
4042
38-1202.01
' note
4052
i 38-1802.14
I note
4062(a)
38-821.02
j note
4062(b)
38-822.02
note
i
4062(e)
| 38-822.03
■ note
4062(d)
38-822.04
note
4062(e)
38-822.05
note
'<'< :' .: ',1
;
4062(f)
38-822.06
note
'.'' ' < ': : . » '-
' ■'(
4062(g)
38-823.01
note
4062(h)
38-823.03
note
, ■ ■ .... ,
4Q62(i)
38-824.02
note
'.. ; ; ■;.'.■: .;■-
4062(j)
38-825.01
note
■4062(10.
38-825.03
note
■' <■' i't ■ *i
4062(1)
38-826.03
note
:■■■., '■•■-..';;
s4062(m)
1 38-826.02
note
:■'..■. ■■■■ -';
4062(n)
38-827.01
note
4082
38-171 note
2001
Date
Act
Section /
Edition!
July 25, 2012
19-413
5002
74-H31>M<
note
..,/.
,
5012
7-1131.04
note
,5013
7-731 note
. !.■■ '■.:.<■ ■ ■'.:
.5014
^-771.02 note
■ . i '. ■■■■■.. ' ;
:5015
, 7-731 note
]
5016
44-951.13
| note
510l
; 4-753.03 note
5112
! 7-1405 note
5142 ,](>£■: v.;
; 4-204.54 note
;:■■•■:;',".■■:..
j
:§Q6?
l^S07.p2;n t qtft,
' 50-921.04
i note
6Q63 ,,., .,,.
50-921.04
', note
(
i
VQ02 ( . ,.,
47-1086 note
i
7003 '
47-4646 note
:'0. ;"<•-. -Y.V
7 04 ;: ;;
2-1515.04a
note,
2-1517.01
note,
<■'
4-1303.03e
note,
S'ton <;(,!■')£■•■ Y :
1
vi s " "" :;i
7-1131.17
note,
■won ;:(Kif ■»;
iuJCV.-lt-
i
i
1 .
7-1131.18
note,
7-1131.19
note
■,u ■■■<;. i'
i
70'65
47^605 note
70.06
47-4655 note
7 0o> " u -' !3
3-1313 note
7009
<;. i
j
38-757.01
note
■f)u'
:
7010 zu _ {]f
srfWP
note,
47-2853.49
note
7011
24-101 note,
24-401a note
7012
38-312 note,
38-312.01
note
7013
7-703.03 note
'
7015
31-3171.18
note
J!:';' '«'.'• ;;'■.■•-•'
. .1
7022
47-1812.08
note
;
7102(a)
42-1102 note
1
7102(b)
42-1102.02
note
T-12
EMERGENCY ACT TABLE
2001
Date
Act
Section
Edition
July 25, 2012
19-413
7102(c)
42-1103 note
7112
47-2001 note
7113
47-2015 note
7114
47-2201 note
7122
42-1103 note
8002
1-301.01 note
8003
1-1201 note
8004
48-907.02
note
8005
8-1804 note
8006 '
1-325.91 note
8008
47-392.02
note
8009(a)
47-1803.02
note
8009(b)
47-1806.03
note
19-414
2
47-1508 note
19-415
2(b)
47-1087 note
July 27, 2012
19^22
2
1-204.87 note
19-424*
2(a)
50-921.04
note
2(b)
50-921.13
note
2(c)
50-921.13
note
19^27
2(a)
2-1215.15
note
2(b)
2-1215.51
note
19^28
2(a)
24-211.02
note
2(b)
24-211.02
note
July 30, 2012
19^29
101(c)(1)
50-1901 note
101(c)(2)
50-1902 note
101(c)(3)
50-1903 note
101(c)(4)
50-1904 note
101(d)(1)
50-1904 note
101(d)(2)
50-1905 note
2001
Date
Act
Section
Edition
July 30, 2012
19^29
101(d)(3)
101(d)(4)
50-1906 note
50-1907 note
101(e)
50-1907 note
102(a)
50-2201.02
note
102(b)
50-2201.03
note
102(c)
50-2201.04
note
102(d)
50-2201.04b
note
102(e)
50-2201.05
note
102(f)
50-2201.05b
note
102(g)
50-2201.05b
note
102(h)
50-2201.07
note
-
103(e)(2)(A)
50-2205.02
note
103(e)(2)(B)
50-2205.03
note
103(e)(2)(C)
50-2205.03
note
103(e)(3)
50-2205.03
note
201
5-1501.07
note
202
5-1418 note
301
14-307 note
302
25-1004 note,
25-1005 note,
25-1006 note,
25-1007 note,
25-1008 note,
25-1009 note
303
5-1501.08
note
T-13
D.C. LAWS NOT CODIFIED TABLE
This table accounts for D.C. Laws enacted by the Council of the District of Columbia since
January 1, 1982, which are not codified in the District of Columbia Official Code, 2001
Edition, but which have been published in the District of Columbia Register (DCR) or the -
District of Columbia Municipal Regulations (DCMR). .'■"'<'
The D.C. Laws Not Codified Table includes D.C. Acts that were repealed or disapproved
prior to their final approval date.
The table is to be used as follows: The first column denotes the D,C. Law number or Act
number where indicated; the second column sets forth the short title of the D.C. Law or Act;
the third column indicates the section, where applicable, of the D.C- Laws or Act; and the
final column indicates, by applicable citation, where published.
i _■!,■!■■■'.■..-..;'
i
D.C.
Short Title j ;/'. '.'.' ;; '' '
Section
; Publication
Law
•' , ; ; ',Zi..,, r . .-.
i
1 )
19-136
Unemployment Compensation Funds Appropria-
■j ..-/■■■
tion Authorization Act of 2012 : ;;::.• T-
1 59 DCR 2401
Act 19-351
Fiscal Year 2012 Revised Budget Request Ad-
i
. i'
justment Emergency Act of 2012 ■■*
1 ...
59 DCR 4168
19-148
Fiscal Year 2012 Revised Budget Request Ad- ■
;
i
justment Temporary Act of 2012 '
59DGR5127 < ■ '.':'■
Act 19-370
Advisory Neighborhood Commissions Bound- '
aries Technical Correction Emergency
Amendment Act of 2012 ' '""
59 DCR 5706
Act 19-381
Fiscal Year 2013 Budget Request Act of. 2012 •
59 DCR 7388
Act 19-386
Contract No. DCEB-DMPED-ll-C-0019 Ap-
proval and Payment Authorization Emergency
, ,- . . . !
Act of 2012 '
59 DCR ! 8489
Act 19-388 ,
Contract No. DCHC-2008-D-5052 Modification
Approval and Payment Authorization Emer-
gency Act of 20li2
59 DCR 8495
Act 19-389
Contract No. DCHC-2008-D-5054 Modification
Approval and Payment Authorization, Emer-
i 1 ■
i '
■ "I.,''-
gency Act of 2012 ,-,,, ;.,
... ,;,;.. <;
; 1 59DGR8497? i ■; ,; ■,;;.
Act 19-401
Change Order No. 002 to Contract No; ■,
■•:■:..'■.■"■<'
GM-11-M-0124B-FM Approval and Payment
■ {< : .^ r -
M ;
Authorization Emergency Act of 2012 , ;;. •• :
■' | 59 DCR 9112
Act 19-402
Contract No. DCHT-2012-C-0021 Approval, and
Payment Authorization Emergency Act of . : '>
i
■! 1
2012
59 DCR 9114
Act 19-411
Unity Health Care, Inc. Services Payment Au-
thorization Emergency Act of 2012
59 DCR 9286
Act 19-412
Contract No. DCPO-2011-T-0075 Modifications
Approval and Payment Authorization Emer-
gency Act of 2012
59 DCR 9288
Act 19-417
Contract No. DCPO-2011-C-0019-01 Modifica-
tion Approval and Payment Authorization
Emergency Act of 2012
59 DCR 9355
Act 19-418
Contract No. DCPO-2011-C-0019-02 Modifica-
tion Approval and Payment Authorization
Emergency Act of 2012
59 DCR 9357
T-14
D.C. LAWS NOT CODIFIED
D.C.
Short Title
Section
Publication
Law
Act 19-419
Change Order No. 14 to Contract No.
DCAM-2008-C-0066 Approval and Payment
Authorization Emergency Act of 2012
59 DCR 9359
Act 19-420
Task Orders to Human Care Agreement No.
DCJZ-2008-H-0005 Approval and Payment
Authorization Emergency Act of 2012
59 DCR 9361
Act 19-421
Contract No. DCPO-2011-C-fl019-03 Modifica-
tion Approval and Payment Authorization
Emergency Act of 2012
59 DCR 9363
Act 19-423
Verizon Center Graphics and Entertainment
Emergency Amendment Act of 2012
59 DCR 9368
Act 19-425
Contract No. DCBE-2009-C-A002 Modifications
Approval and Payment Authorization Emer-
gency Act of 2012
59 DCR 9377
Act 19-426
Contract No. NFPHC-121 Modifications Ap-
proval and Payment Authorization Emergency
Act of 2012
59 DCR 9379
Act 19-430
Contract Modifications Approval Emergency Act
of 2012
59 DCR 9414
T-15
' :' ' ' ' " <0 <^i
)>] c.
...j.u
ir-..';.i,-i-jMo:i.;j;i'.
' 'f.i ,otf. .WK'IjJ.'o')
; iijAv.rqA noi!
'■ > " ! >;S" )•.* !I(l"h9V r
.... ,vAr .,- ..■'''
n;--. -tu f)A
rsM-er i')A
ffiMU i'<A
t>:,MU ',■■/■.
INDEX
Supplements General Index with references for laws in force as of September 13, 2012
ABSENTEE VOTING
Address, overseas voters, 1-1061.05
Ballots, military forces, overseas voters, 1-1061.07,
1-1061.09
Definitions, military forces, overseas voters,
1-1061.02
Electronic transactions, ballots, military forces,
overseas voters, 1-1061.09
Facsimile transmissions, ballots, military forces, '
overseas voters, 1-1061.09
Military forces, 1-1061.01 et seq.
Overseas voters, 1-1061.01 et seq.
Registration of voters, military forces, overseas vot-
ers, 1-1061.06, 1-1061.07
Time, military forces, overseas voters, ballots,
1-1061.08, 1-1061.10
ACTIONS AND PROCEEDINGS
Same sex marriages, divorce, domicile and resi-
dence, 16-902
Unemployment, discrimination, retaliation, 32-1363
ACUPUNCTURISTS
Continuing education, AIDS, HIV, 3-1205.10
ADDRESS
Absentee voting, overseas voters, 1-1061.05
ADULT EDUCATION
Community schools, 38-754.01 et seq.
ADVERTISEMENTS
Unemployment, discrimination, 32-1362
ADVISORY COUNCILS
Ombudspersons, children and minors, behavioral
health, 7-1131.19
AGED PERSONS
Education, AIDS, HIV, 7-1631 et seq.
Outreach, AIDS, HIV, 7-1631 et seq.
AGENTS AND AGENCIES
Securities, licenses and permits, criminal history
record information, applications, 31-631 et seq.
AIDS
Acupuncturists, continuing education, 3-1205.10
Aged persons, education, outreach, 7-1631 et seq.
Definitions, aged persons, education, outreach,
7-1631
Dentists and dentistry, continuing education,
3-1205.10
Education, aged persons, 7-1631 et seq.
Health care professionals, continuing education,
3-1205.10
AIDS— Cont'd
Nurses, continuing education, 3-1205.10
Optometrists, continuing education, 3-1205.10
Outreach, aged persons, 7-1631 et seq.
Physicians and surgeons, continuing education,
3-1205.10
Physicians assistants, continuing education,
3-1205.10
Podiatrists, continuing education, 3-1205.10
Polysomnography, continuing education, 3-1205.10
ATTORNEY GENERAL
Elections, military forces, overseas voters, absentee
voting, 1-1061.01 et seq.
BANKS AND BANKING
Applications, criminal history record information,
31-631 et seq.
Confidential or privileged information, criminal his-
tory record information, charters, applications,
31-633
Criminal history record information,
Charters, applications, 31-631 et seq.
Modernization, 26-551.05
Definitions, criminal history record information,
charters, applications, 31-631
Disclosure, criminal history record information,
charters, applications, 31-633
Fingerprints and fingerprinting,
Charters, applications, 31-631 et seq.
Modernization, 26-551.05
Privileged information, criminal history record in-
formation, charters, applications, 31-633
BEHAVIORAL HEALTH
Child abuse, assessments, 4-1303.03e
Children and minors, 7-1131.17 et seq.
Reports, 2-1517.01, 2-1517.02, 2-1517.52
Definitions,
Child abuse, dependent or neglected children,
4-1301.02
Children and minors, reports, 2-1517.01
Delinquent children, assessments, 2-1515.04a
Mental health department, 7-1131.02
Schools and school districts, plans and specifica-
tions, 2-1517.31
Youth services, 2-1515.01
Delinquent children, assessments, 2-1515.04a
Dependent or neglected children, assessments,
4-1303.03e
Schools and school districts, plans and specifica- .
tions, 2-1517.31, 2-1517.32
1-1
INDEX
BOARDS AND COMMISSIONS
Definitions, military forces, overseas voters, absen-
tee voting, 1-1061.02
BUILDINGS
Covenants, construction, environmental protection,
6-1451.05
Fines and penalties, construction, environmental
protection,
Benchmarking, 6-1451.04 '''" " ' ' '
Financial security, 6-1451.05
Letters of credit, construction, environmental pro-
tection, 6-1451.05
Owners and ownership, fines and penalties, con-
struction, environmental protection, bench-
marking, 6-1451.04 ,
Pledges, construction, environmental protection, , ,
6-1451.05
CHANCELLORS
District of Columbia public schools, early childhood
education, 38-755.01 et seq.
CHILD ABUSE aoN
Behavioral health, assessments, 4-1303.03e
CHILD DEVELOPMENT CENTERS •;;■;
Behavioral health, 7-1131.17 et Seq.
CHILDREN AND MINORS
Advisory councils, behavioral health, ombudsper-
sons, 7-1131.19
Behavioral health, 7-1131.17 et seq.
Reports, 2-1517.01, 2-1517.02, 2-1517.52
Confidential or privileged information, behavioral
health, ombudspersons, 7-1131.19
Definitions, behavioral health, reports, 2-1517.01
Disclosure, behavioral health, ombudspersons,, -
7-1131.19 .» - ,
Fetal alcohol spectrum disorder, health care profes-
sionals, reports, 4-1321.02 ,".,. ] , <j
Guides, behavioral health, 7-1131.18 ' ' ,' .' , " '
Health care professionals, reports, fetal alcohol ,, ; ,-
spectrum disorder, 4-1321.02 , .,.,■- ,' J '
Mental health department, behavioral health, ","-.' r
7-1131.17 et seq. ' c}
Ombudspersons, behavioral health, 7-1131.19
Privileges and immunities, behavioral health, om-
budspersons, 7-1131.19
Psychologists and psychology, behavioral health, re-
ports, 2-1517.01, 2-1517.02
Records and recordation, behavioral health, ,
7-1131.17
Reports,
Behavioral health, 2-1517.01, 2-1517.02,
2-1517.52
Health care professionals, fetal alcohol spectrum
disorder, 4-1321.02
Ombudspersons, behavioral health, 7-1131.19
Volunteers, behavioral health, ombudspersons,
7-1131.19
CIVIL MARRIAGE DISSOLUTION EQUALITY ACT
Generally, 16-902
CIVIL SERVICE
Priorities and preferences, Career service, 1-608.01
COLLEGES AND UNIVERSITIES
Applications, high schools or secondary schools,
plans and specifications, admissions, 38-752.01
et seq.
Definitions, high schools or secondary schools,
plans and specifications, applications, admis-
sions, 38-752.02
Examinations and examiners, high schools or sec-
ondary schools, college admissions tests,
38-752.03
Exemptions, high schools or secondary schools, ap-
plications, college admissions tests, 38-752.03
High schools or secondary schools, plans and speci-
fications, applications, admissions, 38-7.52.01 et
seq. v, ; ! '..'.
Plans and specifications, high schools or secondary
schools, applications, admissions, 38t\752.01 et
Seq.,;-' , ,; ,;.-,. ;<-,; , (1 -,•.■;■.,' ', ' ;ji-;, f .: :',.;,.;.i'! r] i
Reports, high schools or secondary schools,! plans
and specifications, applications*; admissions* .■•', j
38-752.03 : ; . .;.'.'■> ''■"':;-.'' "
Tests and testing, high schools or secondary - ny ; j
schools, college admissions tests* 38-752*03
COMMUNITY SCHOOLS ADVISORY COMMITTEE '^
Generally, 38-754.03 "*, '.
COMMUNITY SCHOOLS FUND
Generally, 38-754.04 : ; ^'«
COMMUNITY SCHOOLS INCENTIVE ACT
Generally, 38-754.01 et seq. ".::' '.":.'"
COMPLAINT
Unemployment, discrimination, 32-1365 . . .:M
CONDOMINIUMS \
Real property taxation, combined tax lots, , )
42-1901.04
CONFIDENTIAL OR PRIVILEGED INFORMATION
Banks and banking, criminal history record infor- ,
mation, charters, applications, 31-633
Behavioral health, children and minors, ombudsper-
sons, 7-1131.19 , ,ft
Criminal history record information, insurance -[ j
agents, brokers and salespersons, securities,
banks and banking, licenses and permits; 'appii 1
L cations, 1 31-633 ■'•■•■" ■,•■,-■'';!)
Fingerprints and fingerprinting, insurance a'getits,
brokers and salespersons, securities, banks and
banking, licenses and permits, applications, "-
3l ~ 633 ' . /:': '■.".' [,-i'i
Insurance agents, brokers and salespersons, crimi-
nal history record information, licenses and ">
permits, applications, 31^633 .'<■'■ : '<■'.
Investment advisers, criminal history record infor-
mation, licenses and permits, applications,
31-633
Ombudspersons, children and minors, behavioral '
health, 7-1131.19 v f .
Securities, criminal history record information,
agents and agencies, brokers, licenses and per-
mits, applications, 31-633 ' ." . , V
CONGRESS • i
Absentee voting, house of representatives, military :
forces, overseas voters, 1-1061.01 et seq. : .
1-2
INDEX
CONTINUING EDUCATION
Acupuncturists, AIDS, HIV, 3-1205.10
Dentists and dentistry, AIDS, HIV, 3-1205.10
Nurses, AIDS, HIV, 3-1205.10
Optometrists, AIDS, HIV, 3-1205.10
Physicians and surgeons, AIDS, HIV, 3-1205.10
Physicians assistants, AIDS, HIV, 3-1205.10
Podiatrists, AIDS, HIV, 3-1205.10
Polysomnography, AIDS, HIV, 3-1205.10
COVENANTS
Buildirigs, construction, environmental protection,
6-1451.05
CREDIT UNIONS
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
CRIMINAL HISTORY RECORD INFORMATION
Banks and banking,
Charters, applications, 31-631 et seq.
Modernization, 26-551.05
Confidential or privileged information, insurance
agents, brokers and salespersons, securities,
banks and banking, licenses and permits, appli-
cations, 31-633
Credit unions, modernization, 26-551.05
Depositories, modernization, 26-551.05
Disclosure, insurance agents, brokers and salesper-
sons, securities, banks and banking, licenses
and permits, applications, 31-633
Financial institutions, modernization, 26-551.05
Insurance agents, brokers and salespersons, licenses
and permits, applications, 31-631 et seq.
Investment advisers, licenses and permits, applica-
tions, 31-631 et seq.
Loan companies, modernization, 26-551.05
Merchant banks, modernization, 26-551.05
Savings and. loan associations, modernization,
26-551.05
Savings banks, modernization, 26-551.05
Securities, agents and agencies, brokers, licenses
and permits, applications, 31-631 et seq.
Trust companies, modernization, 26-551.05 '
Universal banks, modernization, 26-551.05
DECLARATIONS
Elections, military forces, overseas voters, absentee
voting, 1-1061.13
DELINQUENT CHILDREN
Behavioral health, assessments, 2-1515.04a
Guides, 2-1517.51
DENTISTS AND DENTISTRY
Continuing education, AIDS, HIV, 3-1205.10
DEPENDENT OR NEGLECTED CHILDREN
Behavioral health, assessments, 4-1303.03e
Guides, 2-1517.51
Behavioral health, 4-1303.03e
DEPOSITORIES
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
DISB FINGERPRINT BASED BACKGROUND CHECK
AUTHORIZATION ACT
Generally, 31-631 et seq.
DISCLOSURE
Banks and banking, criminal history record infor-
mation, charters, applications, 31-633
Behavioral health, ombudspersons, children and mi-
nors, 7-1131.19
Children and minors, behavioral health, ombud-
spersons, 7-1131.19
Criminal history record information, insurance
agents, brokers and salespersons, securities,
banks and banking, licenses and permits, appli-
cations, 31-633
Fingerprints and fingerprinting, insurance agents,
brokers and salespersons, securities, banks and
banking, licenses and permits, applications,
31-633
Insurance agents, brokers and salespersons, crimi-
nal history record information, licenses and
permits, applications, 31-633
Ombudspersons, children and minors, behavioral
health, 7-1131.19
Schools and school districts, behavioral health, om-
budspersons, 7-1131.19
Securities, criminal history record information,
agents and agencies, brokers, licenses and per-
mits, applications, 31-633
DISCRIMINATION
Unemployment, 32-1361 et seq.
DISEASES
Aged persons, AIDS, HIV, education, outreach,
7-1631 et seq.
DISTRICT. BUILDINGS
Fines and penalties, construction, environmental
protection, 6-1451.02
DISTRICT COUNCIL
Elections, military forces, overseas voters, absentee
voting, 1-1061.01 et seq.
DISTRICTS
Definitions, military forces, overseas voters, absen-
tee voting, 1-1061.02
DOMICILE AND RESIDENCE
Same sex marriages, divorce, 16-902
EARLY CHILDHOOD AND SCHOOL BASED BEHAV-
IORAL HEALTH INFRASTRUCTURE ACT
Generally, 2-1517,31, 2-1517.32
EARLY CHILDHOOD EDUCATION
Generally, 38-755.01 et seq.
EARLY CHILDHOOD EDUCATION ACT
Generally, 38-755.01 et seq.
EARLY WARNING AND SUPPORT SYSTEM ACT
Generally, 38-751.01 et seq.
EDUCATION
Aged persons, AIDS, HIV, 7-1631 et seq.
ELECTIONS
Application of law, military forces, overseas voters,
absentee voting, 1-1061.19, 1-1061.20
1-3
INDEX
ELECTIONS— Cont'd
Attorney general, military forces, overseas voters,
absentee voting, 1-1061.01 et seq.
Ballots,
Electronic transactions, military forces, overseas
voters, absentee voting, 1-1061.09
Facsimile transmissions, military forces, overseas
voters, absentee voting, 1-1061.09
Military forces, absentee voting, 1-1061.07 et seq.
Overseas voters, absentee voting, 1-1061.07 et
seq.
Counting, military forces, overseas voters, absentee
voting, 1-1061.12
Declarations, military forces, overseas voters, ab-
sentee voting, 1-1061.13
. Definitions, military forces, overseas voters, absen-
tee voting, 1-1061.02
District Council, this index
Electronic mail, military forces, overseas voters,
absentee voting, 1-1061.15
Electronic transactions,
Ballots, military forces, overseas voters, absentee
voting, 1-1061.09
Military forces, overseas voters, absentee voting,
ballot, status, 1-1061.14
Equity, military forces, overseas voters, absentee, ,;
voting, 1-1061.18
Facsimile transmissions, ballots, military forces,
overseas voters, absentee voting, 1-1061.09
Fraud, declarations, military forces, overseas voters,
absentee voting, 1-1061.13
Injunctions, military forces, overseas voters, absen-
tee voting, 1-1061.18 '."*',."
Internet, military forces, overseas voters, absentee
voting, ballot, status, 1-1061.14
Military forces, absentee voting, 1-1061.01 et seq.
Mistake, military forces, overseas voters, absentee ;i
voting, 1-1061.17
Notaries public, military forces, overseas voters, ,- v ,
absentee voting, 1-1061.17 '[■ ''■
Notice, military forces, overseas voters, absentee
voting, 1-1061.16
Overseas voters, absentee voting, 1-1061.01 et seq.
Registration of voters,
Absentee voting, military forces, overseas voters,
1-1061.06, 1-1061.07
Military forces, absentee voting, 1-1061.06,
1-1061.07
Overseas voters, absentee voting, 1-1061.06,
1-1061.07
School Elections, generally, this index
Signatures, declarations, military forces, overseas
voters, absentee voting, 1-1061.13
Superior court, military forces, overseas voters, ab-
sentee voting, 1-1061.18
Telecommunications, military forces, overseas vot-
ers, absentee voting, ballot, status, 1-1061.14
Time,
Absentee voting, military forces, overseas voters,
ballots, 1-1061.08, 1-1061.10
Counting, military forces, overseas voters, absen-
tee voting, 1-1061.12
Vice President of the United States, military forces,
overseas voters, absentee voting, 1-1061.01 et
seq.
ELECTIONS— Cont'd Ml l WOO
Write in votes, military forces, overseas votefsjab-
sentee voting, 1-1061.11 i'MwiCI
ELECTRONIC MAIL ,; r f)
Elections, military forces, overseas voters, absentee
voting, 1-1061.15 _-<\
ELECTRONIC TRANSACTIONS "
Elections, military forces, overseas voters, ballots,'
absentee voting, 1-1061.09 ,. O
Status, 1-1061.14
EMPLOYMENT AGENCIES
Actions and proceedings, unemployment, diserimi-)
nation, retaliation, 32-1363 . , . )
Advertisements, unemployment, discrimination,
,32-1362 , ■ .. ,■„.■;■
Application of law, unemployment, discrimination,
32-1364 , ,
Complaint, unemployment, discrimination',; 32^1365
Definitions, unemployment, discrimination, 32-1361
Discrimination, unemployment, 32-1361 et seq. .
Fines and penalties, unemployment, discrimination,
32-1365,32-1366 f" '
Retaliation, unemployment, discrimination, 32-1363
Unemployment, discrimination, 32-1361 et seq.
Witnesses, unemployment, discrimination, fetalia-
■ tion, 32-1363 w iib'/i >
EQUITY irj;'f!iv : < ".
Elections, military forces, overseas voters, absentee
voting, 1-1061.18 bi;i,
EVIDENCE 11 '" i
Civil service, career service, priorities and prefer-
ences, 1-608.01 i
Same sex marriages, divorce, presumptions,' domi-
cile and residence, 16-902 ,
EXEMPTIONS '>'
High schools or secondary schools, colleges and* '-■#
universities, applications, college admissions
tests, 38-752.03 , ' " ' ' *'■ >pwV
■ .'■.)'.■.■ iiilnu'j'jri
FACSIMILE TRANSMISSIONS , : [, m;
Absentee Voting, this index , 00 .j j^jiT
Elections, ballots, military forces, overseas,yoters/j
absentee voting, 1-1061.09
i ; '■: : ."ftHAJoacs
FINANCIAL INSTITUTIONS ;:)ijj' I
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization, j
26-551.05
FINES AND PENALTIES
Buildings, construction, environmental protection, '
Benchmarking, 6-1451.04
Financial security, 6-1451.05 ; j
District buildings, construction, environmental pro-
tection, 6-^1451.02
Landlord and tenant, buildings, construction, envi-
ronmental protection, benchmarking,
6-1451.04
School buildings and grounds, construction, envi-
ronmental protection, 6-1451.02
Benchmarking, 6-1451.04 ';>'
Unemployment, discrimination, 32-1365, 32^1366
1-4
INDEX
FINGERPRINTS AND FINGERPRINTING
Banks and banking,
Charters, applications, 31-631 et seq.
Modernization, 26-551.05
Confidential or privileged information, insurance '
agents, brokers and salespersons, securities,
banks and banking, licenses and permits, appli-
cations, 31-633
Credit unions, modernization, 26-551.05
Definitions, insurance agents, brokers and salesper-
sons, securities, banks and banking, licenses
and permits, applications, 31-631
Depositories, modernization, 26-551.05
Disclosure, insurance agents, brokers and salesper-
sons, securities, banks and banking, licenses
and permits, applications, 31-633
Financial institutions, modernization, 26-551.05
Insurance agents, brokers and salespersons, licenses
and permits, applications, 31-631 et seq.
Investment advisers, licenses and permits, applica-
tions, 31-631 et seq.
Loan companies, modernization, 26-551.05
Merchant banks, modernization, 26-551.05
Savings and loan associations, modernization,
26-551.05 . ,
Savings banks, modernization, 26-551.05
Securities, agents and agencies, brokers, licenses
and permits, applications, 31-631 et seq.
Trust companies, modernization, 26-551.05
Universal banks, modernization, 26-551.05
FOOD
Street vendors, minimum sales tax, 47-2002.01
GOODS, WARES AND MERCHANDISE
Street vendors, minimum sales tax, 47-2002.01
GRANTS
Community schools, 38-754.01 et seq.
GUIDES
Children and minors, behavioral health, 7-1131.18
Delinquent children, 2-1517.51
Dependent or neglected children, 2-1517.51
Child abuse, behavioral health, 4-1303.03e
HEALTH AND SANITATION
Behavioral Health, generally, this index
HEALTH CARE PROFESSIONALS
Continuing education, AIDS, HIV, 3-1205.10
Fetal alcohol spectrum disorder, children and mi-
nors, reports, 4-1321.02
HIGH SCHOOLS OR SECONDARY SCHOOLS
Colleges and universities, plans and specifications,
applications, admissions, 38-752.01 et seq.
Definitions, colleges and universities, plans and
specifications, applications, admissions,
38-752.02
Examinations and examiners, college admissions
tests, 38-752.03
Exemptions, colleges and universities, applications,
college admissions tests, 38-752.03
Military forces, plans and specifications, applica-
tions, admissions, 38-752.01 et seq.
Plans and specifications, colleges and universities,
applications, admissions, 38-752.01 et seq.
1-5
HIGH SCHOOLS OR SECONDARY SCHOOLS
—Cont'd
Religion, seminaries, plans and specifications, appli-
cations, admissions, 38-752.01 et seq.
Reports, colleges and universities, plans and specifi-
cations, applications, admissions, 38-752.03
Seminaries, plans and specifications, applications,
admissions, 38-752.01 et seq.
Tests and testing, college admissions tests,
38-752,03
Vocational education, plans and specifications, ap-
plications, admissions, 38-752.01 et seq.
HIGHLY EFFECTIVE TEACHER INCENTIVE ACT
Generally, 38-753.01 et-seq.
INCENTIVES
Community schools, 38-754.01 et seq.
Schoolteachers, pilot programs, high need schools,
38-753.01 et seq.
INITIATIVE AND REFERENDUM
Schools and school districts,
Community schools, 38-754.01 et seq.
Dropouts, support, early warning, pilot programs,
38-751.03
INJUNCTIONS
Absentee voting, military forces, overseas voters,
1-1061.18
INSURANCE AGENTS, BROKERS AND SALESPER-
SONS
Applications, licenses and permits, criminal history
record information, 31-631 et seq.
Confidential or privileged information, criminal his-
tory record information, licenses and permits,
applications, 31-633
Criminal history record information, licenses and
permits, applications, 31-631 et seq.
Definitions, criminal history record information, li-
censes and permits, applications, 31-631
Disclosure, criminal history record information, li-
censes and permits, applications, 31-633
Fingerprints and fingerprinting, licenses and per-
mits, applications, 31-631 et seq.
Licenses and permits, criminal history record infor-
mation, applications, 31-631 et seq.
Privileged information, criminal history record in-
formation, licenses and permits, applications,
31-633
INTERNET
Elections, military forces, overseas voters, absentee
voting, ballot, status, 1-1061.14
INVESTMENT ADVISERS
Confidential or privileged information, criminal his-
tory record information, licenses and permits,
applications, 31-633
Criminal history record information, licenses and
permits, applications, 31-631 et seq.
Definitions, criminal history record information, li-
censes and permits, applications, 31-631
Fingerprints and fingerprinting, licenses and per-
mits, applications, 31-631 et seq.
Licenses and permits, criminal history record infor-
mation, applications, 31-631 et seq.
INDEX
JUBILEE HOUSING RESIDENTIAL RENTAL PROJECT
REAL PROPERTY TAX EXEMPTIONS CLARIFICA-
TION ACT
Generally, 47^1628, 47^1633
JURISDICTION
Real property tax appeals commission, appeal and
review, 47-825.01a
KINDERGARTEN
Early childhood education, 38-755.01 et seq.
LABOR AND EMPLOYMENT
Actions and proceedings, unemployment, discrimi-
nation, retaliation, 32-1363
Advertisements, unemployment, discrimination,
32-1362 -
Application of law, unemployment, discrimination,,
32-1364 ,
Complaint, unemployment, discrimination, 32-1365
Definitions, Unemployment, discrimination, 32-1361
Discrimination, unemployment, 32-1361 ef'seq; '. r
Fines and penalties, unemployment, discrimination,
32-1365, 32-1366
Retaliatiorii'unemploymerit, discrimination, 32-1363
Witnesses, unemployment, discrimination, retalia-
tion, 32-1363
LANDLORD AND TENANT
Fines and penalties, buildings, construction, envi-
ronmental protection, benchmarking,
6-1451.04
LETTERS OF CREDIT
Buildings, construction, environmental protection,
6-1451.05
LICENSES AND PERMITS
Investment advisers, criminal history record infor-
mation, applications, 31-631 et seq:; ;■.
LOAN COMPANIES
Criminal history record information, modernization,
26-551.05 ,','""
Fingerprints and fingerprinting, modernization,,,;;.;
26-551.05..;', !■ j,;,;"
'LOTTERIES ' n * i ' J!j
Prizes, 3-1313 '.'.'' '.,.'. '
MARRIAGE
Divorce, same sex marriages, domicile and resi-
dence, 16-902
MAYOR
Absentee voting, military forces, overseas voters,
1-1061.01 et seq.
Schools and school districts, rules and regulations, .
38-756.01
MENTAL HEALTH DEPARTMENT
Behavioral health, children and minors, 7-1131.17
et seq.
MERCHANT BANKS
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
MILITARY AND OVERSEAS VOTERS ACT
Generally, 1-1061.01 et seq.
.'.; v l
MILITARY FORCES
Absentee voting, 1-1061.01 et seq. .
High schools or secondary schools* plans and speci-
fications, applications, admissions, 38-752.01 et
seq.
Registration of voters, absentee voting, 1-1061.06; )
1-1061.07 .,',■■ ,q
NONRESIDENTS
Definitions, buildings, construction, environmental,
protection, 6-1451.01 ,,...',,,•(
NOTARIES PUBLIC
Absentee voting, military forces, overseas :v6ters,
1-1061.17 " ;
NURSES
Continuing education, AIDS;- HIV, 3-1205J.0 ,,:■!
OMBUDSPERSONS , ,
Children and minors, behavioral health, 7-1131.19-
OPTOMETRISTS ^
Continuing education, AIDS, HIV, 3-1205.10 ^
PHYSICIANS AND SURGEONS ,;■:
Continuing education, AIDS, HIV, 3-1205.10
PHYSICIANS ASSISTANTS j
Continuing education, AIDS, HIV, 3-1205.10
' .>]
PILOT PROGRAMS
Schools and school districts, mid high performing
schools, dropouts, support, early Warning, )
38-751.01 et seq. r!
Schoolteachers, incentives, high need schools,
38-753.01 et seq. }
PLANS AND SPECIFICATIONS
Behavioral health, schools and school districts, ' '
'' 2-1517.31,2-1517.32 | ; '
High schools or secondary schools, colleges and ' '.
universities, applications, admissions, ' " '
38-752.01 et seq; '
PLEDGES
Buildings, construction, environmental protection,
6-1451.05
PODIATRISTS
Continuing education, AIDS, HIV, 3-1205.10; ' '
POLYSOMNOGRAPHY
Continuing education, AIDS, HIV, 3-1205.10' '';
POPULAR NAME LAWS <;
Civil Marriage Dissolution Equality Act, 16-902- >H
DISB Fingerprint Based Background Check Au-
thorization Act, 31-631 et seq.
Early Childhood and School Based Behavioral i
Health Infrastructure Act, 2-1517.31,
2-1517.32
Early Childhood Education Act, 38-755.01 et seq.
Early Warning and Support System Act, 38-751.01
et seq.
Highly Effective Teacher Incentive Act, 38-753.011
et seq.
1-6
INDEX
POPULAR NAME LAWS— Cont'd
Jubilee Housing Residential Rental Project Real
Property Tax Exemptions Clarification Act,
47-4628, 47t4633
Military and Overseas Voters Act, 1-1061.01 et seq.
Post Secondary Preparation Plan Act, 38-752.01 et
seq.
Raising the Expectations for Education Outcomes
Omnibus Act, 38-751.01 et seq.
Senior HIV/AIDS Education and Outreach Pro-
gram Establishment Act, 7-1631 et seq.
Unemployed Antidiscrimination Act, 32-1361 et
seq.
Uniform Military and Overseas Voters Act,
1-1061.01 et seq.
Vendor Sales Tax Collection and Remittance Act,
47-2002.01,47-2003,47-2004,47-2762
Youth Behavioral Health Epidemiology Report
Act, 2-1517.01, 2-1517.02
POST SECONDARY PREPARATION PLAN ACT
Generally, 38-752.01 et seq.
PREK1NDERGARTEN
Early childhood education, 38-755.01 et seq.
PRESIDENT OF THE UNITED STATES
Absentee voting, military forces, overseas voters,
1-1061.01 et seq.
PRIORITIES AND PREFERENCES
Schools and school districts, dropouts, support, ear-
ly warning, pilot programs, 38-751.03
PRIVILEGES AND IMMUNITIES
Ombudspersons, children and minors, behavioral
health, 7-1131.19
PRIZES
Lotteries, this index
PSYCHOLOGISTS AND PSYCHOLOGY
Behavioral Health, generally, this index
PUBLIC POLICY
Green building fund, 6-1451.07
RAISING THE EXPECTATIONS FOR EDUCATION
OUTCOMES OMNIBUS ACT
Generally, 38-751.01 et seq.
REAL PROPERTY TAX APPEALS COMMISSION
Homestead, deductions, 47-850.02
Aged persons, handicapped persons, 47-863
REAL PROPERTY TAXATION
Appointments, real property tax appeals commis-
sion, statements, 47-825.01a
Boards and commissions. Real Property Tax Ap-
peals Commission, generally, this index
Jurisdiction, real property tax appeals commission,
appeal and review, 47-825.01a
Records and recordation, real property tax appeals
commission, performance, .47-825.0 la
Statements, real property tax appeals commission,
appointments, 47-825.01a
RECORDS AND RECORDATION
Behavioral health, children and minors, 7-1131.17
RECORDS AND RECORDATION— Cont'd
Real property tax appeals commission, perform-
ance, 47-825.01a
RELIGION
High schools or secondary schools, seminaries,
plans and specifications, applications, admis-
sions, 38-752.01 et seq.
RELIGIOUS ORGANIZATIONS AND ASSOCIATIONS
High schools or secondary schools, seminaries,
plans and specifications, applications, admis-
sions, 38-752.01 et seq.
REPORTS
Behavioral health, children and minors, 2-1517.52
Ombudspersons, 7-1131.19
Military forces, high schools or secondary schools,
plans and specifications, applications, admis-
sions, 38-752.03
Religion, seminaries, high schools or secondary
schools, plans and specifications, applications,
admissions, 38-752.03
Religious organizations and associations, seminar-
ies, high schools or secondary schools, plans
and specifications, applications, admissions,
38-752.03
Schoolteachers, incentives, pilot programs, high
need schools, 38-753.04
Vocational education, high schools or secondary
schools, plans and specifications, applications, 1
admissions, 38-752.03
Youth rehabilitation services department, behavior-
al health, 2-1517.52
RETALIATION
Unemployment, discrimination, 32-1363
SALES TAX
Street vendors, minimum sales tax, 47-2002.01
SAME SEX MARRIAGES
Divorce, domicile and residence, 16-902
SAVINGS AND LOAN ASSOCIATIONS
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
SAVINGS BANKS
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
SCHOOL BUILDINGS AND GROUNDS
Fines and penalties, construction, environmental
protection, 6-1451.02
Benchmarking, 6-1451.04
SCHOOL ELECTIONS
State education board, military forces, overseas vot-
ers, absentee voting, 1-1061.01 et seq.
SCHOOL FUNDS
Community schools fund, 38-754.04
1-7
INDEX
SCHOOLS AND SCHOOL DISTRICTS
Advisory committees, community schools,
38-754.03
Advisory councils, behavioral health, ombudsper-
sons, 7-1131.19
Application of law, 38-757.01
Behavioral health, 7-1131.17 et seq.
Plans and specifications, 2-1517.31, 2-1517.32
Chancellors, District of Columbia public schools,
early childhood education, 38-755.01 et seq.
Charter schools.
Behavioral health, 7-1131.17 et seq.
Community schools, 38-754.01 et seq.
Definitions, community schools, 38-754.02
Records and recordation, behavioral health,
7-1131.17
Community schools, 38-754.01 et seq.
Community schools fund, 38-754.04
Confidential or privileged information, behavioral
health, ombudspersons, 7-1131.19
Definitions, - >.'",sl'.yi
Attendance, 38-201
Behavioral health, plans and specifications*^
2-1517.31 ,:K>i;ibM!
Community schools, 38-754.02 ,>;>>
Dropouts, support, early warning, pilot programs,
38-751.02 , ■:.':-."■■; A
Early childhood education, 38-755.02- =•■>>[•;:.
Disclosure, behavioral health, ombudspersons;.,
7-1131.19
Dropouts, support, early warning, pilot programs,
38-751.01 et seq.
Early childhood education, 38-755.01 et seq.
Grants, community schools, 38-754.01 et seq.
Guides, behavioral health, 7-1131.18
Incentives, community schools, 38-754.01 et seq.
Initiative and referendum,
Community schools, 38-754.01 et seq.
Dropouts, support, early warning, ' »'"
Pilot programs, 38-751.03 oh; ,v
Surveys and surveyors, pilot programs,
38-751.04
Mayor, rules and regulations, 38-756.01 ■■•"•'■' •^"■-
Ombudspersons, behavioral health, 7-1131.19. ; r ,
Pilot programs, mid high performing schools,' afpp^
outs, support, early warning, 38-751.01 et seq'.
Plans and specifications, behavioral health,
2-1517.31,2-1517.32 '"''"''
Priorities and preferences, dropouts, support, early
warning, pilot programs, 38-751.03
Privileges and immunities, behavioral health, om-
budspersons, 7-1131.19
Psychologists and psychology, behavioral health,
plans and specifications, 2-1517.31, 2-1517.32
Records and recordation, behavioral health,
7-1131.17
Reports,
Behavioral health, ombudspersons, 7-1131.19
Dropouts, support, early warning, pilot programs,
38-751.04
Rules and regulations, mayor, 38-^756.01
Support, dropouts, early warning, pilot programs,
38-751.01 et seq.
Surveys and surveyors, dropouts, support, early
warning, initiative and referendum, pilot pro-
grams, 38-751.04
SCHOOLS AND SCHOOL DISTRICTS— Cont'd JUqoq
Volunteers, behavioral health, ombudspersdnsplidul
7-1131.19 />'rt
Warnings, dropouts, pilot programs, 38-75i.01*'et
seq. '■' '"lit'M
....',- ■■,..", Jiiol
SCHOOLTEACHERS
Incentives, pilot programs, high need schools; -piwM
38-753.01 et seq. , )
SECURITIES
Agents and agencies, licenses and permits,, criminaj
history record information, applications,^
31-631 et seq. . i !
Brokers, licenses and permits, criminal history rec-
ord information, applications, 31-63i ,et seq;
Confidential or privileged information, criminaj his-
tory record information, agents and agencies,, y
brokers, licenses and permits, applications,
31-633
Criminal history record ihf6rrnatibhi»age'nts 'an'd-iO 1 !
agencies, brokers, licenses and permits; applisO
cations, 31-631 et seq.
Definitions, criminal history record information,' 11 ^:
agents and agencies, brokers, licenses ah"d r p ; ef*-
mits, applications, 31-631 -.. ,
Disclosure, criminal history record information, .'■'/
agents and agencies, brokers, licenses and per-
mits, applications, 31-633
Fingerprints and fingerprinting, agents and agen- ... ■'•;
cies, brokers, licenses and permits, applic'a- .;>:
tions, 31-631 et seq. .. v!
Licenses and permits,
Agents and agencies, criminal history record'in-^'
formation, applications, 31-631 et seq. ,:K ' i,;ii ■'
Brokers, criminal history record information, ap-
plications, 31-631 et seq. : ^, nQ
Privileged information, criminal history record jri-j j
formation, agents and agencies, brokers^ licens-
es and permits, applications, 31-633 :;o'/;:: c J
SEMINARIES
High schools or secondary schools, plans and specfe
fications, applications, admissions, 38-752.01 et
seq.
SENIOR HIV/AIDS EDUCATION AND OUTREACH
PROGRAM ESTABLISHMENT ACT i
Generally, 7-1631 et seq. ...„,..,,
SIGNATURES *
Elections, declarations, military forces, overseas
voters, absentee voting, 1-1061.13 : ....,, v ,.,.,
SOCIAL SERVICES
Guides, dependent or neglected children, 2-4517.51
STREET VENDORS
Sales tax, minimum sales tax, 47-2002.01 ^ ?»>•
SUNSET LAWS -.7,
Schoolteachers, incentives, pilot programs, high
need schools, 38-753.05 j MS
SUPERIOR COURT
Absentee voting, military forces, overseas voter's,- i'-l
1-1061.18 ,i :; jK
1^8
INDEX
SURVEYS AND SURVEYORS
Schools and school districts, dropouts, support, ear-
ly warning, initiative and referendum, pilot
programs, 38-751.04
TELECOMMUNICATIONS
Elections, military forces, overseas voters, absentee
voting, ballot, status, 1-1061.14
TESTS AND TESTING
Colleges and universities, high schools or secondary
schools, college admissions tests, 38-752.03
High schools or secondary schools, college admis-
sions tests, 38-752.03
TRUST COMPANIES
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
UNEMPLOYED ANTIDISCRIMINATION ACT
Generally, 32-1361 et seq.
UNEMPLOYMENT
Discrimination, 32-1361 et seq.
UNIFORM LAWS
Military and Overseas Voters Act, 1-1061.01 et seq.
UNITED STATES
Definitions, military forces, overseas voters, absen-
tee voting, 1-1061.02
UNIVERSAL BANKS
Criminal history record information, modernization,
26-551.05
Fingerprints and fingerprinting, modernization,
26-551.05
VENDOR SALES TAX COLLECTION AND REMIT-
TANCE ACT
Generally, 47-2002.01, 47-2003, 47-2004, 47-2762
VICE PRESIDENT OF THE UNITED STATES
Absentee voting, military forces, overseas voters,
1-1061.01 et seq.
VOCATIONAL EDUCATION
High schools or secondary schools, plans and speci-
fications, applications, admissions, 38-752.01 et
seq.
VOLUNTEERS
Behavioral health, children and minors, ombudsper-
sons, 7-1131.19
WARNINGS
Schools and school districts, dropouts, pilot pro-
grams, 38-751.01 et seq.
WITNESSES
Unemployment, discrimination, retaliation, 32-1363
WORDS AND PHRASES
AIDS, aged persons, education, outreach, 7-1631
Applications, insurance agents, brokers and sales-
persons, securities, banks and banking, criminal
history record information, licenses and per-
mits, 31-631
WORDS AND PHRASES— Cont'd
Behavioral health,
Child abuse, dependent or neglected children,
4-1301.02
Children and minors, reports, 2-1517.01
Mental health department, 7-1131.02
Schools and school districts, plans and specifica-
tions, 2-1517.31
Youth services, 2-1515.01
Behavioral health assessments,
Child abuse, dependent or neglected children,
4-1301.02
Mental health department, 7-1131.02
Youth services, 2-1515.01
Behavioral health ombudsman, mental health de-
partment, 7-1131.02
Behavioral health ombudsman program, mental
health department, 7-1131.02
Behavioral health screening,
Child abuse, dependent or neglected children,
4-1301.02
Mental health department, 7-1131.02
Youth services, 2-1515.01
Boards, military forces, overseas voters, absentee
voting, 1-1061.02
Business associates, mental health department,
7-1131.02
Business beneficial license holders, street vendors,
minimum sales tax, 47-2002.01
Certificates of occupancy, buildings, construction,
environmental protection, 6-1451.01 et seq.
Chancellors, early childhood education, 38-755.02
Commissioners, insurance agents, brokers and
salespersons, securities, banks and banking,
criminal history record, information, licenses
and permits, 31-631
Common space, buildings, construction, environ-
mental protection, 6-1451.01
Community partners, community schools, 38-754.02
Community schools, 38-754.02
Controlling interest, financial institutions, modern-
ization, 26-551.02
Covered voters, military forces, overseas voters,
absentee voting, 1-1061.02
DC BAS, District of Columbia benchmark system,
schools and school districts, dropouts, support,
pilot programs, 38-751.02
DC CAS, District of Columbia comprehensive as-
sessment system, schools and school districts,
dropouts, support, pilot programs, 38-751.02
DCPS, District of Columbia public schools,
Early childhood education, 38-755.02
Schoolteachers, incentives, pilot programs, high
need schools, 38-753.02
Departments, aged persons, AIDS, HIV, education,
outreach, 7-1631
Dependents, military forces, overseas voters, absen-
tee voting, 1-1061.02
District financed, buildings, construction, environ-
mental protection, 6-1451.01
District instrumentality financed, buildings, con-
struction, environmental protection, 6-1451.01
Districts, military forces, overseas voters, absentee
voting, 1-1061.02
Eligible consortium, community schools, 38-754.02
1-9
INDEX
WORDS AND PHRASES— Cont'd
Employee license holders, street vendors, minimum
sales tax, 47-2002.01
Employees, unemployment, discrimination, 32-1361
Employers, unemployment, discrimination, 32-1361
Employment agencies, unemployment, discrimina-
tion, 32-1361
Federal postcard applications, military forces, over-
seas voters, absentee voting, 1-106L02
Federal write in absentee ballots, military forces,
overseas voters, 1-1061.02
Feeder school groups, dropouts, support, early
warning, pilot programs, 38-751.02
Fingerprints, insurance agents, brokers and sales-
persons, securities, banks and banking, licenses
and permits, applications, 31-631
First building permits, construction, environmental
protection, 6-1451.01
Health education standards, behavioral health,
plans and specifications, 2-1517.31
High need schools, schoolteachers, incentives, pilot
programs, 38-753.02
Highly effective teachers, incentives, pilot pro-
grams, high need schools, 38-753.02
HIV, aged persons, education, outreach, 7-1631
LEED, buildings, construction, environmental pro-;
tection, 6-1451.02, 6-1451.03
LEED standard for commercial and institutional
buildings, construction, environmental protec-
tion, 6-1451.01 ,
Low performing schools, dropouts, support, early "
warning, pilot programs, 38-751.02
Mid high performing schools, dropouts, support,
early warning, pilot programs, 38-751.02
Military overseas ballots, absentee voting, 1-4061-.02
Mixed use space, buildings, construction, environ-
mental protection, 6-1451.01 ' '''■'""
MST, minimum sales tax, street vendors,
47-2002.01
Nonresidential, buildings, construction, environ-
mental protection, 6-1451.01
Ombudsman, mental health department, 7-1131.02
Ombudsman program, mental health department,
7-1131.02
■Sir: i
WORDS AND PHRASES— Cont'd
Overseas voters, absentee voting, 1-1061.02 < ■■ '
Placement disruption, child abuse, dependent" or
neglected children, behavioral health,
4-1301.02 :;.;.■■■ it-
Post secondary institutions, high schools or second-
ary schools, plans and specifications, applica-''
tions, admissions, 38-752.02
Potential employees, unemployment, discriminaf;' IT
tion,32-1361 : . ,-.■■.■>)
Programs, aged persons, AIDS, HIV; education,
outreach, 7-1631 ■■ ■ .>>■ ■■.:■■.. >:,;U
Public high schools, colleges and universities, plans
and specifications, applications, admissions,
38-752.02 ' ;'\
Qualified developmental disability professionals, in-
capacitated persons, 21-2011
School based student support team, attendance,
38-401 " ;; ;
Seniors, AIDS, HIV,: education, outreach, .7^1631;,^.'
State, military forces, overseas voters; absentee, yot-'
ing, 1-1061.02
Status as unemployed, discriminatio'n, 1 32-^13 61 ! •- '-'
Street vendors, minimum sales tax, 47-2002.01 ' ' "'' ;
Substantial improvements, buildings, construction; *■ ,
,., environmental protection, 6-1451.01 y
Uniformed service voters, military forces, overseas
voters, absentee voting, 1-1061.02 ■ '-Hi
Uniformed services, military forces, overseas voters,'
absentee voting, 1-1061.02
United States, military forces, overseas voters, ab-, ...
sentee voting, 1-1061.02 '_:' J )
Youth,
Behavioral health, reports, 2-1517.01 .' . ,., f
Child abuse, dependent or neglected children,
behavioral health, 4-1301.02
Delinquent children, behavioral health, assess,-:, ial'
ments, 2-15l5.04a , ,i
Mental health department; 7-1131.02 ; Aiir/vn'O
YOUTH BEHAVIORAL HEALTH TEPlbEMIOLOGY RE^'V
PORT ACT - u/vjtri'jir'flA
Generally, 2-1517.01, 2-1517.02 ■ J .a^B-I
YOUTH REHABILITATION SERVICES DEPARTMEN;
Behavioral health,' 'reports; 2-1517.52 ' ' "';' ■.' '.., '
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