Section 11-2404. HOUSING LINKAGE

 

2404.1A PUD application that proposes an increase in gross floor area devoted to office space over and above the amount of office space permitted as a matter of right under the zoning included as part of the PUD shall comply with the housing linkage requirements of this section, as mandated by the Comprehensive Plan.

 

2404.2The housing linkage requirements of this section shall require the applicant to produce or financially assist in the production of dwellings or multiple dwellings that are affordable to low- and moderate-income people; provided, that:

 

(a)The quantity of low and moderate income housing that is required shall be based upon the requested increase in office floor area ratio (FAR); and

 

(b)No income limits shall apply to housing that is constructed on or adjacent to the site of the PUD.

 

2404.3The applicant may either provide the required housing by means of new construction or rehabilitation as specified in § 2404.6, or may elect to make a financial contribution as provided in § 2404.7.

 

2404.4The following exclusions and modifications shall apply:

 

(a)Commercial floor area other than office space shall be excluded from these computations for both the proposed PUD and the existing, matter-of-right commercial density; provided, that the matter-of-right commercial density of the existing zone district shall be reduced by 0.5 FAR to allow for normal retail use;

 

(b)If the proposed PUD provides an amount of housing equal to or greater than the housing that would be required under this section, no additional housing shall be required;

 

(c)No housing requirement pursuant to this section shall apply to a PUD that is proposed for property located within the boundaries of the Downtown Development Overlay District provisions of chapter 17 of this title, nor to any PUD application filed by an agency of the federal government, the Washington Metropolitan Area Transit Authority (WMATA), or the Pennsylvania Avenue Development Corporation (PADC); and

 

(d)An applicant may apply for a reduction or elimination of the housing required under this section as part of the PUD application; provided:

 

(1)The property is located in an area classified in the Generalized Land Use Map of the Comprehensive Plan as a Development Opportunity Area, a Production and Technical Employment Area, or a New or Upgraded Commercial Center; and

 

(2)The Commission finds, after public hearing, that the reduced or eliminated housing requirement is necessitated or justified by the PUD’s provision of other public benefits that are of exceptional merit and in the best interests of the city or the country.

 

2404.5Qualifying residential uses by housing linkage shall include dwellings, multiple dwellings, flats, rooming houses, and boarding houses, but shall exclude transient accommodations, all as defined in § 199.1.

 

2404.6If the applicant constructs or rehabilitates the required housing, the following conditions shall apply:

 

(a)The gross square footage of new or rehabilitated housing shall be based upon the gross square footage of increased office space that the PUD provides in excess of that allowed as a matter of right by the zoning included in the PUD application; provided, that the amount of housing required shall be as follows:

 

(1)Not less than one-fourth (1/4) of the gross square feet of increased office space if the required housing is part of the PUD or is situated on adjacent property;

 

(2)Not less than one-third (1/3) of the gross square feet of increased office space if the location of the required housing does not comply with subparagraph (1) of this paragraph, but is nonetheless within the same Advisory Neighborhood Commission area as the PUD, or if it is located within a Housing Opportunity Area as designated in the Comprehensive Plan; and

 

(3)Not less than one-half (1/2) of the gross square feet of increased office space if the location of the required housing is other than as approved in subparagraphs (1) and (2) above;

 

(b)The applicant may construct or rehabilitate the housing units, or may secure the housing production by other business arrangements, including but not limited to, joint venture, partnership, or contract construction;

 

(c)If the housing is provided as new construction, the average square feet of gross floor area per dwelling or per apartment unit shall be not less than eight hundred and fifty square feet (850 ft.2); provided, that no average size limit shall apply to rooming houses, boarding houses, or units that are deemed single-room occupancy housing;

 

(d)For purposes of this section, the word "rehabilitation" means the substantial renovation of housing for sale or rental that is not habitable for dwelling purposes because it is in substantial violation of the Housing Regulations of the District of Columbia (14 DCMR);

 

(e)In the case of rental housing, the required housing shall be maintained as affordable dwelling units for not less than twenty (20) years;

 

(f)If the required housing is provided for home ownership, the Commission shall have the authority to devise and adopt suitable provisions appropriate to each case; provided, that:

 

(1)The provisions shall be consistent with the intent of the Comprehensive Plan housing linkage legislation; and

 

(2)The Commission shall consider whether to require the applicant to legally mandate recapture of subsidy funds by the housing sponsor from the home owner if the dwelling unit is sold to a person or household that does not qualify as low or moderate income during a twenty (20) year period after the original occupancy of the dwelling unit, so that the housing sponsor may re-use the funds for other affordable housing projects; and

 

(g)No certificate of occupancy shall be issued for the office component of a PUD that is subject to the provisions of this section until a certificate of occupancy has been issued for the housing required pursuant to this section.

 

2404.7As an alternative to constructing or rehabilitating the required housing as provided in § 2404.6, the applicant may contribute funds to a housing trust fund as defined in § 2499.2; provided:

 

(a)The contribution shall be equal to one-half (1/2) of the assessed value of the increase in permitted gross floor area for office use;

 

(b)The assessed value shall be the fair market value of the property as indicated in the property tax assessment records of the Office of Tax and Revenue as of the date of the PUD application; and

 

(c)The contribution shall be determined by dividing the assessed value per square foot of land that comprises the PUD site by the maximum permitted commercial FAR and multiplying that amount times the requested increase in gross square feet proposed for office use.

 

2404.8If any housing exists on the development site and is to be removed in order to allow construction of the PUD, the total assessed value of the housing removed shall be added to the financial contribution as computed in § 2404.7; provided, that this provision shall apply to any housing removed beginning one (1) year prior to the date of the PUD application.

 

2404.9Not less than one-half (1/2) of the required total financial contribution shall be made prior to the issuance of a building permit for any part of the office component of the PUD, and the balance of the total financial contribution shall be made prior to the issuance of a certificate of occupancy for any part of the office component of the PUD.

 

2404.10The Commission's order granting a PUD that includes housing linkage shall specify reporting, certification, and enforcement measures suitable in each case to ensure that the requirements of this section are carried out.

 

2404.11A PUD that is subject to the housing requirement of this section shall not be relieved of the requirement to be found meritorious pursuant to the evaluation standards in § 2403.

 

2404.12The Office of Planning shall refer each application for a PUD subject to the provisions of this section to the Department of Housing and Community Development for an analysis of compliance with the housing requirements of this section and a recommendation.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0).

source

Final Rulemaking published at 45 DCR 695, 696-700 (February 6, 1998); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8521-23 (October 20, 2000).

EditorNote

The Pennsylvania Avenue Development Corporation (PADC) referred to in paragraph (c) of § 2404.4 was abolished on April 1, 1996. See Notice of Public Interest published at 43 DCR 1648 (March 29, 1996). PADC’ s responsibilities were transferred to the General Services Administration, the National Capital Planning Commission, and the National Park Service.