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How DC decides a building is vacant: the eight factors in §42-3131.05b, one at a time

Owners who get a DC vacant building notice usually ask the same first question: who decided my house was empty, and based on what. Until recently the honest answer was an inspector, based on experience. Since October 2025 the statute itself lists the eight things that decision is supposed to rest on, and every one of them can be judged from the sidewalk. This article walks the list, explains what each factor looks like in practice, and turns it into the checklist an owner can run on their own house before DOB does.

Where the eight factors come from

For years the vacant building definition in §42-3131.05 turned on one word, occupied, and left the inspector to decide what that meant. D.C. Law 26-41, effective October 1, 2025, added §42-3131.05b, and subsection (a) now lists eight things the Mayor shall consider when deciding whether a building is vacant. Subsection (b) does the same for blight with its own list of exterior condition items, which the vacant vs blighted article covers. The vacancy list is the one that matters to most owners, because it is the list that puts a building on the Class 3 rate in §47-813, $5.00 per $100 of assessed value instead of $0.85.

The list is also the best description anyone has published of how an inspector works. Every item on it can be judged from the public sidewalk. None of them requires entering the building, and none of them is a statement from the owner.

The eight factors, one at a time

What the list does not say

Nothing in the eight factors says how many of them have to be present. A house can be designated on complaints and bare windows alone, and a house with a mail pile and tall grass can be an occupied home whose owner is in the hospital. The list guides the call; it does not score it. That matters for the response. An owner who can show the building was occupied does not argue the factors one by one. The appeal article explains that the response form asks for a position, occupied or exempt, with documents attached, inside the 15 day window.

The list also says nothing about intent. An owner who is away for work, waiting on an estate, or between tenants reads exactly the same from the sidewalk as an owner who abandoned the house. The owner away article covers the first case and the inherited house article the second. The exemptions in §42-3131.06a exist because the statute knows the sidewalk view is incomplete, but they have to be claimed.

Reading your own house against the list

Owners who are about to leave a house empty for a stretch, or who already have, can do the inspector's job before the inspector does. Stand across the street and go down the eight. Mail. Grass. Windows. Doors and gates. Then the two you cannot see: whether a neighbor or the ANC has reason to complain, and what the utility usage shows. The timeline article shows what follows a designation and why the cheapest moment to act is before the notice.

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.

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