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COUNCIL OF THE DISTRICT OF COLUMBIA OFFICE OF COUNCILMEMBER BROOKE PINTO THE JOHN A. WILSON BUILDING 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 WASHINGTON, D.C. 20004
November 17, 2025 Nyasha Howard, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue, N.W. Washington, DC 20004 Dear Secretary Howard, Today, along with Councilmembers Janeese Lewis George, Kenyan McDuffie, and Christina Henderson, I am introducing the “Vacant Space Art Activation Program Act of 2025” to activate chronically vacant retail space by incentivizing short-term, rent-free leases with arts and cultural organizations. Ground-floor retail vacancies are a persistent problem that the District has seen limited success in addressing. As of March, 2024, 22 percent of downtown retail space was vacant.1 In response to these challenges, the Department of Buildings launched the Pop-Up Permits program to encourage the short-term activation of vacant retail space.2 However, for many property owners seeking to find a home run tenant that will sign a traditional multi-year lease, the Pop-Up Permit program has not provided a strong enough incentive to participate in the program. At the same time, arts and cultural organizations continue to struggle to secure affordable space to host events and programming. The Vacant Space Art Activation Program Act seeks to address both challenges by incentivizing property owners with vacant ground-floor retail property to lease their space rent-free to arts and cultural organizations for a three-month period. In exchange, the property owner would be exempt from property taxes for the space that is leased for the duration of the agreement. The Deputy Mayor for Planning and Economic Development would be responsible for collaborating with Business Improvement Districts and Main Streets to identify vacant retail spaces and to facilitate lease agreements between property owners and eligible organizations. Should you have any questions about this legislation, please contact my Policy Advisor, Ella Hanson, at ehanson@dccouncil.gov. Thank you,
Brooke Pinto Councilmember, Ward 2 Chairwoman, Committee on the Judiciary and Public Safety Council of the District of Columbia 1 Schwartzman, Paul, As downtown D.C. seeks rebound, empty offices, fear of crime cast shadow, Washington Post, available here. 2 Department of Buildings, Pop-Up Permits, available here.
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___________________________ __________________________ Councilmember Janeese Lewis George Councilmember Brooke Pinto __________________________ __________________________ Councilmember Kenyan R. McDuffie Councilmember Christina Henderson A BILL __________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________ To establish a Vacant Space Art Activation Program to be administered by the Deputy Mayor for 1 Planning and Economic Development for the purpose of facilitating short-term leases for 2 art and cultural organizations in vacant commercial spaces. 3 4 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 5 act may be cited as the “Vacant Space Art Activation Program Act of 2025”. 6 Sec. 2. Vacant Space Art Activation Program. 7 (a) There is established the Vacant Space Art Activation Program (“Program”) to be 8 administered by the Deputy Mayor of Planning and Economic Development (“DMPED”) to 9 incentivize property owners of vacant commercial properties to enter into short-term flexible 10 lease agreements with art and cultural organizations. 11 (b) DMPED shall solicit a list of commercial properties from Advisory Neighborhood 12 Commissions (“ANCs”), Business Improvement Districts (“BIDs”) and Main Street programs 13 that: 14 (1) Have had vacant ground floor retail space for at least one year; and 15
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(2) Whose property owner agrees to consider short-term, rent-free lease 16 agreements with qualifying organizations until a one-year or multi-year lease agreement begins. 17 (c) Qualifying organizations shall include: 18 (1) Non-profits that provide art and cultural programming and events; and 19 (2) Event planning businesses that organize free arts and cultural events 20 accessible to the general public. 21 (d) Multiple organizations may apply as a group to share rented space. 22 (e) DMPED shall solicit proposals from qualifying organizations to activate identified 23 vacant commercial spaces. Application materials shall include: 24 (1) Description of arts and cultural programming and proposed hours and dates of 25 operation; 26 (2) Estimated budget, including staffing, security, cleaning, facility 27 improvements, and utilities. 28 (3) Proof of funds to cover estimated budget costs; 29 (4) Permits needed for operation, including whether alcohol will be served; 30 (5) Revenue generation plan and estimated revenue, if applicable; 31 (6) Promotional marketing plan to drive foot traffic to the property; and 32 (7) Any subtenants or partner organizations that will operate in the space under 33 the lease agreement held by the qualifying organization. 34 (f) The Mayor may: 35 (1) Waive all permit fees and costs for programming at vacant commercial spaces 36 locations identified by DMPED; and 37
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(2) Exempt ground floor retail leased through the program from real property 38 taxation for the duration of the lease. 39 (g) DMPED may negotiate revenue sharing agreements between qualifying organizations 40 and property owners. 41 (h) For the purposes of this section, the term: 42 (1) “Business Improvement District” or “BID” shall have the same meaning as 43 provided in section 3 of the Business Improvement Districts Act of 1996, effective May 29, 1996 44 (D.C. Law 11-134; D.C. Official Code § 2–1215.02). 45 (2) “Short-term lease” means a rental agreement no longer than 3 months with the 46 possibility of extension. 47 Sec. 3. Fiscal impact statement. 48 The Council adopts the fiscal impact statement in the committee report as the fiscal 49 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 50 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 51 Sec. 4. Effective date. 52 This act shall take effect following approval by the Mayor (or in the event of veto by the 53 Mayor, action by the Council to override the veto) and a 30-day period of congressional review 54 as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 55 24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)). 56