The District of Columbia’s Department of Consumer and Regulatory Affairs (DCRA) – the agency that, among other tasks, issues building permits and business licenses – conducted a virtual meeting on April 15, 2020. More than 500 residents and business owners submitted their business licensing questions online during the meeting so that DCRA staff could respond in real time.

While the building at 1100 4^th Street SW is closed during the COVID-19 Public Health Emergency, DCRA has remained open for business. DCRA staff are working remotely –likely through at least May 15, 2020 – and are responding to emails. This move to a remote work environment has resulted in the following important changes at DCRA:

As reported in this blog, on March 20, 2020, the District of Columbia’s Zoning Commission (the commission) and the Board of Zoning Adjustment (the BZA) suspended all public hearings and public meetings.

But, in a glimmer of positive news, the District’s Office of Zoning has announced that the Commission and the BZA will start virtual public meetings this month. The commission’s first virtual meeting will be on April 27, and the BZA’s first virtual meeting will be on April 29. All virtual meetings will be held via WebEx, and the Office of Zoning’s website says that “instructions on how to join will be made available in the coming days.”

Under the Zoning Regulations, the commission and the BZA conduct public meetings for the sole purpose of making decisions. No testimony is requested or taken during public meetings.   

Similar to the rest of the District of Columbia government, the District’s Office of Tax and Revenue (OTR) has made changes and extended deadlines for certain real property and business sales and use tax filings this year. As a general matter, all OTR walk-in centers are closed and its building at 1101 4th Street SW is inaccessible. All staff are working remotely and taxpayers are encouraged to pay taxes either online or via mail. Also, Wells Fargo has closed many of its braches where real property taxes could have been paid in person. 

There are two notable updates to D.C. Real Property payments as a result of the COVID-19 emergency affecting property owners.

Part one in a series, we will examine the effect of the novel coronavirus (COVID-19) outbreak on the Fairfax County, Va., commercial real estate development community. 

The below provides insight into the status of critical Fairfax agencies as of March 25, 2020.

The District of Columbia Court of Appeals (“Court of Appeals” or “Court”) is making significant operational changes in response to the COVID-19 pandemic, as reflected in the March 23, 2020, Order entered by Chief Judge Blackburne-Rigsby. The change to Court procedures follows suit with many appellate courts throughout the country. Last week, the United States Supreme Court announced it would postpone oral arguments through its session ending on April 1, 2020. The nation’s highest court has not postponed oral arguments in over 100 years – since the 1918 Spanish flu epidemic.

The Court of Appeals will close the Historic Courthouse Building and cancel all oral arguments scheduled through May 31, 2020.  Cancelled cases will be decided without oral argument unless the Court determines that oral argument is otherwise necessary. Parties are permitted to file a motion requesting oral argument. The Court’s Order also expressly encourages the filing of motions for summary affirmance for parties seeking a decision prior to briefing or oral argument. By instituting and encouraging these policies, it appears the Court is attempting to avoid further delay by allowing judges greater latitude to decide cases without briefing or oral argument. We may see a departure from the Court’s existing procedure where many cases are argued prior to the Court’s decision. 

Today, the District of Columbia announced that DCRA will close all of its in-person permit, license and other centers until at least April 27, 2020. Permits remain available online, and DCRA is offering “video consultations” for construction projects greater than 1,000 sq. ft.

Importantly, construction can start or continue pursuant to a valid permit. DCRA inspectors are continuing to conduct on-site inspections for illegal construction.

This post is part one in a series that will examine the effect of the novel coronavirus (COVID-19) outbreak on the Washington, D.C. commercial real estate development community. 

Whether you are in the middle of construction or at the beginning of project due diligence, COVID-19 will impact all agencies in the District. Indeed, with many District of Columbia agencies teleworking, covered by limited staff, or closed altogether, owners, landlords, and developers may feel that they are in unchartered waters as they work to navigate the regulatory, entitlement, and permitting process.  

To help alleviate confusion and to identify which agencies are plugging along, and where backlogs may be created, below is a summary status of critical agencies in the District as of March 23.

The District of Columbia’s Office of Zoning (“OZ”)  – the independent agency that, among other tasks, accepts development applications to the District’s Zoning Commission (the “Commission”) and Board of Zoning Adjustment (the “BZA”) – remains open for business in the face of the COVID-19 outbreak, though all staff members are teleworking until at least April 27.

The move to a remote work environment has resulted in the following important changes:

1. All pending Commission and BZA hearings and decision dates have been suspended until at least April 27. Cases are being postponed in the order in which they were scheduled; e.g.,  a hearing scheduled for March 18 (the first hearing date after the suspension) will be heard on the first hearing date after the suspension is lifted.  
2. Although the hearings are suspended, other filing dates and requirements continue to apply. This mean, for example, that pre-hearing statements must still be filed 21 days before the scheduled hearing date. Local Advisory Neighborhood Commissions (“ANC”)  will still need to be served on all filings (regardless of whether ANC is meeting).
3. OZ is continuing to accept electronic case filings through its Interactive Zoning Information System (“IZIS”) and by filing, as well as through bzasubmissions@dc.gov for cases before the BZA and zcsubmissions@dc.gov for cases before the Commission.
4. OZ is also accepting new BZA and Commission applications filed through IZIS. All application fees can be paid online, and hard copies can be submitted after OZ reopens.
5. Hearing dates for newly filed applications will be assigned when OZ reopens.
6. Public signs which typically are picked up at the office will not be issued until the office re-opens. If you have not already obtained your sign and posted it 14 days before the scheduled hearing date, the sign will be available after OZ reopens and the rescheduled hearing dates are determined.