(a)(1) If a qualifying nonprofit housing organization fails to transfer the property within 36 months as required by § 47-3505, the Mayor shall disallow the exemptions provided by § 47-3505 and the organization shall pay to the Mayor:

(A) The total tax which would have been due without the exemption;

(B) Interest at the rate of 11/4 % per month, or fraction of a month, from the date prescribed for the payment of the tax without regard to the exemptions until the date paid; and

(C) A penalty equal to 10% of the tax. The Mayor may, for good cause shown, extend the time for transfer of the property for an additional period not to exceed 6 months, if the cooperative housing association files a request for extension, in writing, with the Mayor within 30 days after the expiration of the 36-month period.

(2) If a cooperative housing association fails to qualify for the real property tax exemption within 36 months as required by § 47-3503, the Mayor shall disallow the exemption provided by § 47-3503 and the association shall pay to the Mayor:

(A) The total tax which would have been due without the exemptions;

(B) Interest at the rate of 11/4 % per month, or fraction of a month, from the date prescribed for the payment of the tax without regard to the exemptions until the date paid; and

(C) A penalty equal to 10% of the tax. The Mayor may, for good cause shown, extend the time for transfer of the property for an additional period not to exceed 6 months, if the cooperative housing association files a request for extension, in writing, with the Mayor within 30 days after the expiration of the 36-month period.

(b) If an association or organization shall willfully make a false statement concerning any information required to be supplied on the certification under § 47-3503 or § 47-3505, the association or organization shall be deemed guilty of the offense of making false statements and, upon conviction, shall be subject to the penalty for that offense provided in § 22-2405(b).

CREDIT(S)

(Oct. 8, 1983, D.C. Law 5-31, § 7, 30 DCR 3879; Mar. 16, 1989, D.C. Law 7-205, § 3(c), 36 DCR 457; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 20, 2005, D.C. Law 16-33, § 1281(d), 52 DCR 7503.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 47-3506.
Effect of Amendments
D.C. Law 16-33, in subsec. (a), substituted “ within 36 months” for “within 1 year”; and, in subsecs. (a)(1)(C) and (a)(2)(C), substituted “6 months” for “90 days” and substituted “36-month period” for “1-year period”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 1281(d), 1282, 1283 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 5-31, see Historical and Statutory Notes following § 47-3501.
For legislative history of D.C. Law 7-205, see Historical and Statutory Notes following § 47-3503.
For Law 16-33, see notes following § 47-308.01.
Miscellaneous Notes
Applicability and expiration of subtitle HH of title I, §§ 1280 to 1284, of D.C. Law 16-33: Sections 1282 and 1283 of D.C. Law 16-33, as amended by D.C. Law 17-219, § 7068(f), (g), provide:
“Sec. 1282. Applicability; conditional effect.
“(a) Section 1281 shall apply for taxable years beginning after September 30, 2005.
“(b) Repealed.
“Sec. 1283. Repealed.”

(a)(1) If a qualifying nonprofit housing organization fails to transfer the property within 36 months as required by § 47-3505, the Mayor shall disallow the exemptions provided by § 47-3505 and the organization shall pay to the Mayor:

(A) The total tax which would have been due without the exemption;

(B) Interest at the rate of 11/4 % per month, or fraction of a month, from the date prescribed for the payment of the tax without regard to the exemptions until the date paid; and

(C) A penalty equal to 10% of the tax. The Mayor may, for good cause shown, extend the time for transfer of the property for an additional period not to exceed 6 months, if the cooperative housing association files a request for extension, in writing, with the Mayor within 30 days after the expiration of the 36-month period.

(2) If a cooperative housing association fails to qualify for the real property tax exemption within 36 months as required by § 47-3503, the Mayor shall disallow the exemption provided by § 47-3503 and the association shall pay to the Mayor:

(A) The total tax which would have been due without the exemptions;

(B) Interest at the rate of 11/4 % per month, or fraction of a month, from the date prescribed for the payment of the tax without regard to the exemptions until the date paid; and

(C) A penalty equal to 10% of the tax. The Mayor may, for good cause shown, extend the time for transfer of the property for an additional period not to exceed 6 months, if the cooperative housing association files a request for extension, in writing, with the Mayor within 30 days after the expiration of the 36-month period.

(b) If an association or organization shall willfully make a false statement concerning any information required to be supplied on the certification under § 47-3503 or § 47-3505, the association or organization shall be deemed guilty of the offense of making false statements and, upon conviction, shall be subject to the penalty for that offense provided in § 22-2405(b).

CREDIT(S)

(Oct. 8, 1983, D.C. Law 5-31, § 7, 30 DCR 3879; Mar. 16, 1989, D.C. Law 7-205, § 3(c), 36 DCR 457; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 20, 2005, D.C. Law 16-33, § 1281(d), 52 DCR 7503.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 47-3506.
Effect of Amendments
D.C. Law 16-33, in subsec. (a), substituted “ within 36 months” for “within 1 year”; and, in subsecs. (a)(1)(C) and (a)(2)(C), substituted “6 months” for “90 days” and substituted “36-month period” for “1-year period”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 1281(d), 1282, 1283 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 5-31, see Historical and Statutory Notes following § 47-3501.
For legislative history of D.C. Law 7-205, see Historical and Statutory Notes following § 47-3503.
For Law 16-33, see notes following § 47-308.01.
Miscellaneous Notes
Applicability and expiration of subtitle HH of title I, §§ 1280 to 1284, of D.C. Law 16-33: Sections 1282 and 1283 of D.C. Law 16-33, as amended by D.C. Law 17-219, § 7068(f), (g), provide:
“Sec. 1282. Applicability; conditional effect.
“(a) Section 1281 shall apply for taxable years beginning after September 30, 2005.
“(b) Repealed.
“Sec. 1283. Repealed.”