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PR26-0515 • 2025

Residential Building Permit Classification Emergency Declaration Resolution of 2026

Residential Building Permit Classification Emergency Declaration Resolution of 2026

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Mendelson
Last action
2026-02-13
Official status
Approved
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about penalties for non-compliance with the required use of property as residential.

Emergency Resolution for Residential Building Permits

This emergency resolution allows quicker changes in building classifications from commercial to residential and sets up an application process with appeal rights.

What This Bill Does

  • Allows developers to change the classification of a property from commercial to residential after getting a permit, not waiting until construction is complete.
  • Creates an application process for developers who want to change their property's classification.
  • Gives developers the right to appeal if their application to change the building classification is denied.

Who It Names or Affects

  • Developers converting commercial buildings into residential use in Washington, D.C.

Terms To Know

Emergency Act
A temporary law passed to address urgent situations.
Classification
How a building is officially categorized, such as commercial or residential.

Limits and Unknowns

  • The resolution does not specify the exact penalties for failing to use the property as residential within the required time frame.
  • It's unclear how long this emergency declaration will remain in effect without further action by the Council of the District of Columbia.

Bill History

  1. 2026-02-13 Council of the District of Columbia LIMS

    Resolution R26-0333, Effective from Feb 03, 2026 Published in DC Register Vol 73 and Page 001425

  2. 2026-02-03 Council of the District of Columbia LIMS

    Retained by the Council

  3. 2026-02-03 Council of the District of Columbia LIMS

    Legislative Meeting

  4. 2026-02-03 Council of the District of Columbia LIMS

    Approved with Resolution Number R26-0333

  5. 2026-02-02 Council of the District of Columbia LIMS

    PR26-0515 Introduced by Chairman Mendelson at Office of the Secretary

Official Summary Text

Residential Building Permit Classification Emergency Declaration Resolution of 2026

Current Bill Text

Read the full stored bill text 
ENROLLED ORIGINAL

1

A RESOLUTION

26-333

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

February 3, 2026

To declare the existence of an emergency with respect to the need to amend section 47-813 of the
District of Columbia Official Code to provide for more timely classification changes for
commercial properties that are to be put to residential use, to provide for an application
process to make classification changes, to provide for appeal rights if such application is
denied, and to provide for a claw back in the event the real property is not timely put to
residential use.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Residential Building Permit Classification Emergency
Declaration Resolution of 2026”.

Sec. 2. (a) On March 4, 2025, the Council approved the Residential Building Permit
Classification Emergency Amendment Act of 2025, effective March 21, 2025 (D.C. Act 26-33;
72 DCR 3336)(“Emergency Act”), in response to a policy enacted by the Office of Tax and
Revenue on October 1, 2024, whereby developers converting a commercial property to a
residential property could not benefit from a change in classification from Class 2 to Class 1 until
construction was “100% complete” and the building was “in actual use”.
(b) The Emergency Act clarified that developers may have commercial-to-residential
reclassified after a building permit has been issued to construct a new improvement or
substantially rehabilitate an existing improvement. The Emergency Act became applicable on
April 1, 2025, and expired on June 19, 2025.
(c) The Council approved identical temporary legislation on April 1, 2025, the
Residential Building Permit Classification Temporary Amendment Act of 2025, effective June
17, 2025 (D.C. Law 26-15; 72 DCR 7299) (“Temporary Act”). The Temporary Act became law
on June 17, 2025, and expired on January 28, 2026. As such, there is a need to approve
additional emergency legislation with an applicability date of January 28, 2026, to ensure that
there is no gap in the law.
(d) A technical clarification is also required in order for the Office of Tax and Revenue to
effectuate the Avanti Real Estate Services, LLC Real Property Tax Relief Emergency Act of
2025, effective December 3, 2025 (D.C. Act 26-213; 72 DCR 13682), and the corresponding
temporary act.
ENROLLED ORIGINAL

2

Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
Residential Building Permit Classification Emergency Amendment Act of 2026 be adopted after
a single reading.

Sec. 4. This resolution shall take effect immediately.