Volume 37 | July 2021
VACANT PROPERTY SPOTLIGHT
-----There is a housing shortage in the District. In fact, some would say it’s a crisis. And in the midst of this crisis there are apartment buildings empty and rotting.
-----The District government has a policy to get vacant property back into use. The primary tool is a higher real property tax rate – almost six times more than the rate homeowners pay (and about 12 times more if the property is deemed “blighted”).
-----But the linchpin in this strategy is the Department of Consumer and Regulatory Affairs (DCRA). The same agency responsible for housing code compliance and enforcement to stop illegal construction. DCRA does a poor job at all of this.
-----2920 Ontario Road, NW is a 36 unit apartment building in the Mount Pleasant neighborhood that has been vacant for years. When I looked at it several months ago I ran into a neighbor who remarked, “Oh, that building’s been vacant for 40 years.” Portions of the brick parapet are crumbling, portions of the eaves are exposed to the elements. There are missing and broken windows throughout. It is an eyesore. DCRA first determined the building to be blighted (Class 4) in 2013, and again in 2018. But as far as I can tell, it has always been taxed as vacant (Class 3).  This is DCRA’s fault.
-----Class 4 is double the rate. The difference, in terms of this year’s tax, is $108,015. Adding $108,000 year after year to the cost of keeping a building vacant might just incentivize the owner (an LLC) to put the building back on the market.  
-----Not too far away is 3228 Hiatt Place, NW. This 22 unit apartment building sits between 15th and 16th Streets, NW just south of Park Road. It looms over the neighborhood like a third world hulk. Every window is missing and covered with plastic boards. The interior appears to be gutted.  
 ----- Next door is a DCPS playing field connected to the Columbia Heights Education Campus. Across the street are pristine rowhouses.
 -----DCRA first noted the property as possibly vacant in 2008 – 13 years ago.  At least some of the time it has been classified – appropriately -- as blighted ($10 tax rate). But over the years it has also been classified as vacant ($5 tax rate), and some years it has been exempt from either rate due to construction ($.85 rate).
-----The law exempts buildings undergoing active construction from being taxed as vacant. There are two reasons for this. First, for major construction (e.g., a new building or a gut rehab), a property must necessarily be vacant. Second, we want to encourage the renovation of vacant buildings to put them back into use. Yet neither of these reasons apply to 3228 Hiatt Place. After 13 years the property is still gutted and vacant. The only purpose served by the permits was to gain an exemption from the tax.
-----Or game an exemption.
-----Inexplicably, for this year and next DCRA has the property classified as non-vacant. So this year it pays $14,878 in taxes. But if it were taxed as blighted, it would pay $175,140. DCRA is the linchpin. Which tax rate is more likely to incentivize the owner to put this apartment building back on the market?
-----Incidentally, it’s the same owner as 2920 Ontario Road.
-----What used to be a nursing home at 6101 Sligo Mill Road, NE near Eastern Avenue could be a 46 unit apartment building. Instead, it has sat vacant for over 15 years.
-----Taxed as blighted in 2019 ($398,180 tax), DCRA inexplicably changed the classification to vacant in the second half of 2020 ($217,130 tax – an annual savings of $181 thousand to the owner/developer). Not that the property improved in its condition.  
-----No matter, the Office of Tax and Revenue website lists the property as $930,306 delinquent.
 ----A notice of tax sale was issued to the owners in late April. However, last month the District’s Chief Financial Officer asked the Council to cancel this year’s tax sale.  I objected, because the tax sale is a necessary tool to enforce the vacant and blighted property tax law. 6101 Sligo Mill was my case in point. 
 -----It turns out there are 353 Class 3 & 4 properties throughout the city subject to this year’s tax sale. 154 of them are East of the River. The Council modified the cancelation to allow these 353 properties to go forward.
-----Our investigation these past 5 months has revealed that little has changed regarding DCRA vacant property enforcement since the DC Auditor issued a report in September, 2017 (“Significant Improvements Needed in DCRA Management of Vacant and Blighted Property Program”).
-----But what’s at stake is not just putting nuisance properties back into use. A substantial amount of housing is at stake. The three buildings cited above are indicative of vacant apartment buildings across the city – perhaps thousands of units. DCRA enforcement could make a difference.
-----But now it’s clear that fundamentally, DCRA’s enforcement lacks focus or mission. 
-----Too often its inspectors are superficial, without follow through, no sense of drive, and poor record keepers. When a DCRA inspector looked at 6005 Utah Avenue, NW in May, he refused to go to the back yard. Yet the back of the house had the broken basement door, trash, and overgrowth – the indicia of a blighted property. 
-----Over and over we find properties that an inspector determined to be vacant but somehow the tax classification was never changed to impose the vacant property tax rate. Or where an exemption was granted for “active construction” but then no inspector came out to see whether any work was actually being done.
-----And when one asks the agency why a particular property’s tax classification was changed to non-vacant (Class 1), the agency can’t explain. On June 1st I wrote DCRA Director Ernest Chrappah about 26 vacant properties in Riggs Park: 21 of the 26 had at least one inconsistency regarding their vacant status among three databases DCRA maintains; more importantly 24 of the vacant properties were classified as non-vacant with the Office of Tax and Revenue. I asked the Director to explain why these properties have not been classified properly. 
-----DCRA doesn’t know. He asked for six weeks to respond.
Call to Raise Income Taxes

-----We have about $3.2 billion – billion – in federal payment and grants for next year’s budget. Unprecedented. That’s more than enough to cover revenue losses from the pandemic-induced recession. That’s more than enough to provide additional funding to help our schools – and students – recover from virtual learning loss. We have over $350 million to help tenants with past due rents and unpaid utility bills. Yet the Council is being bombarded with demands to raise peoples’ taxes.
-----I have yet to hear a coherent, logical explanation for why the Council should be doing this.
-----At a recent budget hearing numerous advocates demanded we increase taxes simply because “we need to increase revenue.” In spite of the federal largesse. In spite of the fact that local revenues next year are projected to be $162 million more than pre-pandemic 2019.
-----Advocates are saying that’s not enough.
-----It’s never enough.
-----The proposal from the Fair Budget Coalition is to raise several taxes including income tax rates for residents earning over $250,000 and to increase the real property tax rate on homes valued over $2 million. The Coalition demands at least $240 million in additional revenue – additional to the $3.2 billion from the Feds.
-----“This is just a first step on advancing racial justice through tax justice,” says the Fair Budget Coalition.
-----Is this just about raising taxes on the rich?     
-----Well, “no,” say the advocates. “We need the money to fully fund worthy programs.” But in fact, their demands for various programs total far more than their proposed tax increases: hundreds of millions to end homelessness and repair public housing, $200 million for excluded workers, at least a hundred million related to childcare, about $60 million for the Alliance (public health insurance), etc.
-----If the tax increases are to fund these programs, then what happens next year, since the demands won’t be fully funded this year? Raise taxes again?
-----When does it end?
-----Why not instead look at whether these programs are wasting money, or not being effective?
-----For instance, last year the Council budgeted $50 million for public housing repairs. “Not enough!” screamed the advocates. One year later the Housing Authority has spent about one-quarter of what we provided. Another example: last year the Council added more money for permanent supportive housing to reduce homelessness. Here again we see significant underspending – about $14 million. But the demand on Councilmembers is to increase that budget by $60 million.
-----The advocates say we must raise taxes now because the federal funding is one-time. True, although the federal money can be spent over three years. I do not understand the argument that we must raise taxes now to fill the gap when the federal funds run out three years from now.
-----The advocates cite a poll, paid by the DC Fiscal Policy Institute (DCFPI) and DC Action for Children, claiming that about 80% of DC residents support raising taxes. But the polling questions were incredibly leading.
-----For instance: “Q10 Big corporations like Walmart and Amazon took home billions in profits last year, despite the economic downturn. Do you strongly support, somewhat support, somewhat oppose, or strongly oppose raising District taxes on profitable corporations who pay a lower income tax rate than middle-income residents?” -- unsurprisingly, 84% said support!
-----The progressives say we need to raise taxes so as to have an equitable tax structure – that the more one earns the higher their tax rate. But that is already true for our income tax, arguably the most progressive income tax in the country. The Council raised income tax rates on the wealthiest, and reduced tax rates for the poorest, in 2013.
-----If we look at total tax burden, including sales and property taxes, the rich maybe pay a slightly lower percentage of their income in taxes than do the middle class. This comes from a study circulated by DCFPI. The study, however ignores the senior citizen property tax credit (a 50% credit), ignores the probate tax on wealth, and attributes business taxes to residents. Even so, the study scores DC second-best on the equity scale among the 50 states.
-----Nevertheless, we could further equity by slightly raising the highest income tax bracket and then reducing the rate for middle income tax payers. That would be equitable.  
-----The advocates aren’t interested in that. They want the money for programs.
-----How much? 
-----It’s never enough. So do we keep raising taxes year after year?
-----They say that “equity” comes from the programs. I support the programs. Year after year I push the Council to increase funding for public education, affordable housing, combatting homelessness, access to justice. Year after year I present a budget to the Council that adds funding – above what the Mayor proposed and above what the committees recommended – in these areas. And while I support them, I don’t see that the wealth gap, achievement gap, income gap, or racial injustice gap is changing.
-----We have to do something different. Raising taxes is the easy way out. What ought to happen is that the advocacy groups focus on waste and inefficiency. Before demanding another $100 million for public housing repairs, look at what needs to change at the Housing Authority so that the $50 million we budgeted last year gets spent. Before demanding that we add another billion dollars in human services, look at whether spending more on existing programs is actually the best path to end poverty.
-----Unless, however, the goal is the redistribution of wealth. Not only is a 3% increase in taxing millionaires not going to accomplish that, but if that’s really the goal then DC won’t be an attractive place for the .7%  of our taxpayers, who earn over $1 million, and who pay 23.1% of our income taxes.
-----We ought to be thoughtful about raising taxes and improving our tax structure. That is why the Council called for re-establishing a Tax Revision Commission which the Mayor funds in this budget (and which every progressive group opposed at a hearing last fall). We ought to be mindful that already our income tax and commercial property tax rates are the highest in the region. 
-----As I said at the beginning, where’s the logic? If we are to raise taxes to fund programs, we won’t raise enough under the advocates’ proposal; we’ll have to raise them again next year. If this is to replace the loss once the federal funds run out, then why are we raising taxes now? If this is for equity, then why not simply restructure the tax brackets?
-----We really ought to be thoughtful about this.
Upcoming Hearings
of the Committee of the Whole
Budget Work Session
July 8, 2021
9 a.m. via Virtual Meeting Platform


Public Roundtable
PR 24-251, Commission on Out of School Time Grants and Youth Outcomes Margaret Siegel Confirmation Resolution of 2021
PR 24-252, Commission on Out of School Time Grants and Youth Outcomes Dr. Kenneth Taylor Confirmation Resolution of 2021
PR 24-253, Commission on Out of School Time Grants and Youth Outcomes Matthew Hanson Confirmation Resolution of 2021
PR 24-254, Commission on Out of School Time Grants and Youth Outcomes Rev. Gary Hill Confirmation Resolution of 2021
PR 24-255, Commission on Out of School Time Grants and Youth Outcomes Walter Peacock Confirmation Resolution of 2021
July 9, 2021
9 a.m. via Virtual Meeting Platform


Committee of the Whole:
July 13, 2021
12 p.m.
via Virtual Meeting Platform


Legislative Meeting
July 13, 2021
1 p.m. or immediately following the Committee of the Whole
via Virtual Meeting Platform


Committee of the Whole:
July 20, 2021
12 p.m.
via Virtual Meeting Platform


For More Information on How to 'Attend' a Virtual Public Hearing & Meeting or to Testify for Public Hearings visit ChairmanMendelson.com/Testify or call 202.724.8196
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