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D.C. may repeal tax increase on nuisance properties

By: Michael Neibauer
Examiner Staff Writer
March 18, 2009

The D.C. Council is poised to roll back the tax rate on vacant property that it doubled only six months ago, following blistering criticism from constituents who complain of being crushed by a punitive tax on their well-maintained but bare lots.

The District’s Class 3 nuisance property tax rate was raised from $5 to $10 per $100 of assessed value as part of the fiscal 2009 budget and applied to 3,609 parcels citywide. The goal of the tax increase, implemented in October, was to spur the rehabilitation of “unimproved or abandoned” real estate.

But many owners of vacant lots complain of being overtaxed by a rate 1,000 percent higher than the normal levy for residential property.

The Class 3 rate is “very useful public policy,” said at-large Councilman Phil Mendelson, who introduced a bill Tuesday to return the rate to $5. But the $10 charge, he said, “has brought forth quite a bit of frustration and a clear hardship.” The bill picked up six co-sponsors, including the same members who proposed the rate increase last May — Kwame Brown and Mary Cheh.

“A lot of people got caught in a bind with this,” Cheh said Tuesday.

The higher tax rate is projected to generate nearly $16 million over the next two years for District coffers. But critics say the rate defeats its very purpose, as it siphons the money owners need to rehabilitate their properties.

Chris Hauser, of the District, sold a lot on Nicholson Street Southeast to a small developer who intended to build affordable housing there until the financing pipeline dried up, Hauser recently told the council’s Finance and Revenue Committee. The owner keeps the lot clean, Hauser said, yet his tax bill exceeds his annual mortgage payment.

Rose Sahm has owned a treed lot in Friendship Heights for six years, she told the same panel. Sahm and her husband want to build a home there and are exploring financing. But the lot is now costing them $24,000 a year in taxes.

“We believe that it’s unfair that our grassy, treed lot is taxed as a nuisance property as would an unkempt, dirt-filled lot,” Sahm said.

The Class 3 rate has never been effective and should be abolished, said Ward 2 Councilman Jack Evans, finance and revenue chairman. Fines and liens are better ways to tackle nuisance properties, he added.

“We can’t point to one house that was fixed up as a result of this approach,” Evans said.



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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

Ben Catanese, Alan Werther

Mar 18, 2009

As we were just discussing with Ben. Did you get dinged wiht the vacant property classification this year, or does the exemption that we got last year go for a while?

 

Patty

Mar 18, 2009

DC Council must repeal their mistake, by ABOLISHING ALL CLASS 3 effective October 1, 2008. This tax that now applies to more than 7,500 DC properties. It is not merely the rate, it is the breadth of this penalty. Many many thousands of innocent property owners are trapped by this tax.

 

Jesse - BuildingDC.com

Mar 18, 2009

Its about time! We had a petition on my site @ BuildingDC.com/tax/ and received wonderful support from many of the property owners in the city, including ones that I would not consider a nuisance. Consider what it cost the taxpayers of the city not only in creating the law, but in enforcing it, having staff available to help people appeal, the appeals board (now down to 55% staff after several quit), to the new hearings to repeal the original law. What a crock.

 

Jackaroo

Mar 18, 2009

Much praise should go to David Shames and Patty Sweeney, who spearheaded the effort to overturn this tax. The momentum is finally on our side thanks in great part to their efforts.

 

shaw rez

Mar 18, 2009

I completely support the Class 3 tax rate generally and the recent increase in the same. I can point to several previously vacant properties in Shaw that have changed recently, likely a direct result of the rate/rate increase. Perhaps it does needs some refining, but my neighborhood really, really needs this tax, which dis-incentivizes holding onto vacant property for speculative investment's sake. Fines and liens are NOT enough and unfairly place the burden on neighbors of the vacant properties and not the owners themselves.

 

Richard

Mar 18, 2009

The $10 rate is the only effective way that I have found so far to force negligent absentee landlords to remedy their nuisance abandoned properties. This is one of the best real estate laws on the books. I can see the potential need for additional exclusions for well-maintained green, treed vacant lots that add value to a community in terms of green open spaces. This will be a voting issue in the next election. I would encourage our DC elected officials to keep the thousands of DC voters who live next to these properties in mind when they contemplate rescinding this effective law at the request of a few negligent absentee landlords who care so very little about the impact of their abandoned properties on the local communities

 

Richard

Mar 18, 2009

Part 2 I live down the block from 1422 Allison St ., NW . The buyer paid the $5 rate and did nothing with the property (an end-unit townhouse) for over a year after. Only when threatened with the ongoing need to pay the $10 rate did he recently sell the house to someone who jumped right in on fixing it up. The house had been boarded up and had become a garbage dump for those that went by, as well as a place for drug dealers, users and other criminals to congregate. Also, it had been a dangerous nuisance in a neighborhood with many children.

 

chris hauser

Mar 18, 2009

richard --- i would be happy to talk to you about my ideas for how to make a law that works. like you, i am a dc resident and taxpayer, but being in the real estate business, i can show you some things that will give you more info to consider. i am in the dc phonebook.

 

Ronald Edlavitch

Mar 19, 2009

Listen to the wisdom of Jack Evans. It has "never been effective" and "fines and Liens are better ways to tackle" the issues of nuisance properties without the absolute taking from innocent property owners.

 

Dave

Mar 19, 2009

Even if a few houses are sold or fixed because of the tax, hundreds more will remain derelict because investors and lenders will not touch them now. They have become "hot potatoes." And just try to sell your "vacant" land now.

 

chris hauser

Mar 19, 2009

and the toll that lawsuits will take is mounting by the day. and the damage is mounting by the day. i invite anyone to look at the dcra list of "vacant" properties. you will see ones that shouldn't be there under any circumstance, ones owned by dc, and ones that are dead in the water that nobody will touch, that are just being buried. imagine: if that list was all at once put on the market, what do you think would happen to property values? and northwest is not the whole town.

 

KEG

Mar 20, 2009

I've seen nothing more effective than the new $10 per $100 assessed tax rate at spurring development of derelict properties in DC. Without it, the properties were easily left alone, festering night after long night as magnets for crime and dereliction. It wasn't two months into the new tax year at the new rate when two adjacent properties that had sat vacant for twenty years all of a sudden were being rehabbed. Coincidence? (It certainly wasn't the favorable economy.) Finally, the tax rate turned the economics towards the residents' side. We have our council members to thank for the progress; let's hope they don't take it back from us.

 

KT

Mar 23, 2009

About time poloticians listen to thier constituents! A 1000 % Tax increase is crazy. If the intention is to encourage upkeep and developement, then incetivize developement and mainatenance not ripping owners off with out proper study of the issue.I recently applied for permit to install a fence for my vacant lot and never been issued or heard a YES or NO from DCRA. I was told they can only issue to buildable lot. Yet, I am paying tax for it. How would I prevent illegal damping and trashing then?

 

matt

Mar 23, 2009

Maybe vacant lots shouldn't be taxed at $10, but empty buildings should. This does not eat up dollars otherwise needed by the owner for development, because the rate doesn't apply until the owner has used up all their time to get a building permit and stop procrastinating.

 

Debra Seals-Craven

Apr 5, 2009

I purchased a Tax Sale Certificate in 2001, and I have been in court since 2003 over the property. The deceased owners family has decided not to redeem the property. I was told in order to get the deed I would have to pay the taxes for 2007, 2008, and 2009. The total they are trying to stick me for is over $31,000. That is crazy!

 

Jamie Smith

May 31, 2009

This is much larger than that "eyesore" in your neighborhood. I REFUSE to purchase properties with the vacancy rate, its too much of a pain to get it all resolved. Now instead of fixing up homes in DC, I stay in VA. The tax rate is driving investors out.

 


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