D.C. Code § 42-3131.05: Definitions.

(a)

For purposes of §§ 42-3131.05 through 42-3131.21, the term:

(1)

"Active construction" means construction activity being performed pursuant to a valid building permit.

(2)

"Advisory Neighborhood Commission certification" means a resolution approved by a majority vote of the Advisory Neighborhood Commission in which a building is located requesting that the Mayor classify the building as vacant or blighted vacant.

(3)

"Blighted vacant building" means a vacant building that is determined by the Mayor to be in such a condition as to pose a danger to the health, safety, or general welfare of the community.

(4)

"Commercial unit" means a building, or a part of a building, zoned for commercial purposes under the zoning regulations of the District of Columbia.

(5)

"Dwelling unit" means a room or group of rooms forming a single unit designed, or intended to be used, for living and sleeping, whether or not designed or intended for the preparation and eating of meals or to be under the exclusive control of the occupant. The term "dwelling unit" shall not include a room or group of rooms forming a single unit in a hotel or motel licensed in the District of Columbia, actively operating as a hotel or motel.

(6)

"Fit for occupancy" means ready for immediate occupancy by a tenant without more than minor cosmetic changes and meeting minimum standards for safety, sanitation, and habitability.

(7)

"Multifamily residential building" means a building containing 3 or more dwelling units.

(8)

"Occupied" means:

(A)

For purposes of a dwelling unit, the use of one's residence in improved real property on a regular or habitual basis. For purposes of a dwelling unit, the term "occupied" excludes incidental or non-residential uses such as storage, occasional visits, social gatherings, or maintenance alone; or

(B)

For purposes of a commercial unit, use consistent with zoning regulations, for which there is a current valid certificate of occupancy, and:

(i)

Paid utility receipts for the specified period, executed lease agreements, or sales tax return; or

(ii)

Other evidence of use of the building that the Mayor may require by rule.

(9)

"Owner" shall mean any person or entity who, alone or jointly or severally with others:

(A)

Has legal title to the subject property; or

(B)

Has charge, care, or control of the subject property, whether as owner or member, in whole or in part, of the legally titled owner, as agent of the legally titled owner, or as a fiduciary of the estate of the legally titled owner or any officer appointed by the court.

(10)

"Owner of record" means the person or persons named in the public record as the title holder of the property.

(11)

"Real property" shall have the same meaning as set forth in D.C. Official Code § 47-802(1).

(12)

"Related owners" or "related ownership" exists when a deduction for a loss from the sale or exchange of properties between taxpayers would be disallowed under 26 U.S.C. § 267; provided, that the exclusion under 26 U.S.C. § 267(a)(1) for a loss in a distribution in a complete liquidation shall not apply.

(13)

"Relative" means a spouse, domestic partner, sibling, parent, grandparent, child, or grandchild, or a sibling's child, spouse, or domestic partner.

(14)

"Vacant building" means any real property improved by a building that is not lawfully occupied on a regular or habitual basis by the owner or a tenant or other person having the permission of the owner; provided, that, in the case of residential buildings, the Mayor determines that there is no resident for whom an intent to return and lawfully occupy the building can be shown.