Demolition by Neglect and Vacant Properties


October 2012 - 310 East Capitol Street NE

Preservationists are applauding a District of Columbia decision to save a 104-year old carriage house near Lincoln Park which had been neglected by the owners for many years. On October 22, 2012, the DC Historic Preservation Office (HPO) released a Mayor's Agent Decision to deny a permit to demolish a contributing alley structure at 1310 East Capitol Street, NE. This affirmed 2010 and 2011 decisions on the matter by the City’s Historic Preservation Review Board (HPRB).

The decision is a big preservation victory for Capitol Hill, the Capitol Hill Restoration Society (CHRS), the Advisory Neighborhood Commissions, and others who value the historic fabric of our community. Janet Quigley, CHRS President, said, "It's wonderful that the DC Historic Preservation Review Board and Mayor's Agent for Historic Preservation are taking a firm and decisive stand against demolition by neglect. This sends a strong message to property owners in Washington’s historic districts that neglect of historic buildings will not be rewarded. "

CHRS, ANC 6A, the North Lincoln Park Neighborhood Association, HPO staff and others opposed the application at the Mayor’s Agent hearing in February 2012. CHRS testified that the carriage house conveys significant aspects of local history and that the church’s choice to allow the building to deteriorate constituted demolition by neglect, which should not be rewarded by a demolition permit.

The Decision and Order (HPA No. 11-48) states that “The Church has not explored any adaptive reuse or conveyance of the carriage house through sale or lease. Indeed the Church expressed unwillingness to even consider leasing the carriage house.” Accordingly, the Mayor’s Agent urged the church and local community groups to cooperate together to identify and explore alternatives for restoring the structure, since a “…renovated carriage house could generate additional income for the church through rental of space.” In concluding, the Mayor’s Agent affirmed that “Our preservation law prohibits unwarranted demolition but seeks constructive solutions.”

November 2005
Vacant Properties Reported

Twenty-one new vacant properties have been reported to CHRS. This begins the process of moving the properties from Class 1 (occupied) to Class 3 (vacant) tax status. If finalized with the Office of Tax and Revenue procedures, this action will:

1. increase the property tax rate more than five-fold

2. eliminate any homestead (owner-occupant) tax reduction

3. alert the city government to the need to abate any nuisance or dangerous condition and, if necessary, bill the owner for the cost of abatement.

The properties listed are:

Among the buildings being reported, for example, is 216 Ninth Street. This property’s look of abandonment is confirmed by the disconnected utility connections. It is currently paying Class 1 (occupied) tax rates. Actions that make the property owner more inclined to renovate or sell the house improve the livability of our neighborhood.
Unoccupied houses decrease the property values of surrounding homes, harbor rodents, and threaten the safety of the common walls of row houses.

To discover if a building is currently assessed as occupied, enter the street address online at the taxpayer service center.

To find a form to report abandoned and/or hazardous properties, go to DCRA.

Please provide a copy of your report to CHRS at either 420 Tenth Street, SE 20003 or at info@chrs.org.


Taxes have increased fivefold on these vacant properties in the 200 block of 11th Street, SE.
Photo: Gary Peterson

September 2005
District Moves Against Owners of Hill’s Vacant Properties Vacant

CHRS Effort to Revise Tax Status of Eleven Properties Succeeds
by Gary Peterson

After three years of effort, CHRS has gotten the Office of Tax and Revenue (OTR) to enforce the Class 3 tax rate for vacant properties. The change of 11 properties on Capitol Hill from Class 1 to Class 3 has resulted in an additional $150,000 in additional real property taxes. It has taken this long to reclassify the properties to Class 3 because the process to change a property to Class 3 is extremely burdensome and requires the coordination of efforts between two
agencies.

The reclassification from Class 1 (occupied) to Class 3 (vacant) requires that the Department of Consumer and Regulatory Affairs (DCRA) first inspect the property and determine that the property reported vacant is indeed vacant. The owner of the property may object to the classification of vacant and the objection must be resolved. DCRA then certifies to OTR that the property is vacant and OTR sends notice of change to Class 3 to the owner. The owner then has an opportunity to object. After the objection is resolved or if no objection is made, the property is changed to Class 3 and the taxes increase from 96 cents per hundred dollars of valuation to five dollars per hundred.

Surprisingly, several owners of vacant properties have claimed they are occupied. CHRS has addressed this issue by providing DCRA and OTR with photographic evidence and affidavits from neighbors proving the property is vacant. The process to reclassify is further prolonged because property owners are given two opportunities to object to the classification of vacant, once to DCRA and a second time to OTR.

You can help deal with vacant properties by following this link. If there is a property you believe to be vacant that is not listed as Class 3 on this web site, please send an email to pgarylaw@aol.com. Be sure to include the address and any information about the property such as how long it has been vacant.

CHRS hopes the Class 3 tax will encourage owners of vacant properties to improve them. Vacant properties cause too many problems for their neighbors.

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