Independent compliance consultancy. Not affiliated with the DC government, DOB, DLCP or OTR.
Articles

The 5 in 12 cap: how DC limits total vacant building exemption years and how to count what a property has used

Owners who have been through one exemption cycle usually know the limit on that category. Three years for construction, two for a hardship, half a year to sell a house. Far fewer know that the categories share a single ceiling: 5 tax years of exemption in any 12 year period, no matter how the years are spread, and that the ceiling belongs to the property rather than to them. It is the rule that turns a renovation buyer into a Class 3 payer and the reason a building can be ineligible for every exemption on the form at once. This article explains it and shows how to count.

The rule in one sentence

A property can be exempt from the vacant building tax rate for at most 5 tax years in any 12 year period, counting every exemption category together. The categories themselves are in §42-3131.06a, and each one has its own shorter limit: up to 3 tax years for active construction, half a tax year for a permit application under review, half a tax year for a single family house for sale, up to 2 tax years for a multifamily or commercial building for sale or rent, up to 3 for probate or title litigation, up to 2 for pending development approval, and up to 2 for hardship. The exemption form guide has the table. The cap sits over all of them. Hit it and the building pays Class 3 under §47-813 no matter what else is true, until someone lives in it.

Two features of the rule do most of the damage. It counts tax years, not calendar years, and OTR bills by half tax year, so a half year on an exemption uses half a year of the cap. And it runs with the property, not the owner. The years a prior owner used are gone before the new owner closes.

Why it exists

The exemptions are bridges. Each one describes a reason a building is empty that the District accepts as temporary: it is being renovated, it is for sale, the estate is in court, the owner is in the hospital. Without a cap an owner could chain them. Two years for sale, then a permit, then three years of construction, then a probate case, then another listing, and a building could sit empty for a decade at the Class 1 rate while it was technically always exempt. The cap says the bridges together are 5 years long, and after that the only status the District recognizes is occupied. The late renewal article makes the same point from the registration side: the durable fix is a resident, not another form.

Counting what a property has used

The count is not printed anywhere an owner can simply read it. It has to be assembled from the DOB record and the OTR account, and the two do not always agree. Our method:

The buyer article explains why this count belongs in due diligence, and the calculation article shows how to turn the halves into dollars on a specific assessment.

Three ways owners burn the cap without noticing

What happens when the cap is reached

The building is designated, no exemption is available, and the half year bills arrive at $5.00 per $100 until the building is occupied or sold to someone who occupies it. On a $500,000 house that is $12,500 a half. Appeals on the ground that another exemption category fits are denied on the cap alone. The remaining moves are the ones that end the vacancy: a tenant under a basic business license, a sale to an occupant, or moving in. The cannot pay article covers the order of operations when the bill is more than the owner has, and the selling article covers what the status does to a closing. One thing the cap does not touch is correction of halves that were billed wrong. A half during which the building was in fact occupied was never a vacant half, used no cap, and can still be corrected and refunded.

Planning a long vacancy against the cap

If you want to know where your building stands, send us the address. We read the DOB record and the OTR account at no charge and tell you which halves can be corrected. Correction work is a flat $1,500 per tax period corrected, paid up front, and refunded in full for any period OTR does not correct.

Skip the Paperwork

We file this for you, starting with a free review

Send the address and we'll pull your DOB record: current tax class, open violations, registration history, and which exemption you actually qualify for. No fee for the review, and our fee if you engage us is a flat $1,500 per tax period corrected, paid up front and refunded in full if OTR does not correct the period.

By submitting, you agree we may contact you about the property. No fee for the review. No spam.

Prefer to call? 202-335-7734 · Email [email protected]