D.C.'s Department of Consumer and Regulatory Affairs said in an email statement to the Nats Report, stated that it would issue a conditional certificate of occupancy through Dec. 31, 2023, to allow the ballpark to remain in operation while its owner, Events D.C., files plans to complete retail development on its southeast corner. This prevents a shutdown of the stadium once its temporary certificate expires Sept. 30, which would threaten both the final home games of the Nationals and any other events in the stadium this fall.

The statement that was provided to the Nats Report by a spokesman at the DCRA stated that: "Since the opening of Nationals Park in 2008, operations have been allowed under a series of Conditional Certificates of Occupancy (C of Os) issued by the Department of Consumer and Regulatory Affairs (DCRA). DCRA has issued Conditional C of Os with the understanding that a good faith effort was being made to fulfill a Planned Unit Development (PUD) agreement entered into by Events DC with the Zoning Commission, and the property was considered an active construction project. Fulfillment of the agreement as written would conclude the project and allow DCRA to issue a permanent C of O, pending a final inspection. For 16 years, compliance with the agreement has been avoided by applying for Conditional C of Os. At this time, with no immediate construction occurring, a permanent solution is sought so that a permanent C of O may be issued.  Earlier this summer, DCRA requested that Events DC, as a sign of good faith, file an application with the Zoning Commission to modify the PUD agreement."

The statement went on to say, "As Events DC has followed through on the filing request, DCRA will issue another Conditional C of O, which will expire on December 31, 2023, to allow time for the Zoning Commission to issue a ruling and or for Events DC to submit any construction plans for review and approval."

DCRA providing a conditional certificate of occupancy solves a standoff between Events D.C. and the District government over an agreement dating back to 2006 that the nearly $700 million ballpark development also includes retail and restaurant space around it. D.C. had required 46,000 square feet of retail development on the southeast corner, and the stadium has been considered incomplete since then and only received temporary certificates of occupancy.

If the D.C. Zoning Commission signs off on Sept. 29, Events D.C. would have six months to apply for building permits. Last week, Events D.C. said it and the Nationals will "expect a positive response from potential tenants.” The Nationals, too, said last week they are "confident" they would be able to conclude the season without interruption.