Section 11-3540. AFFORDABLE HOUSING  


Latest version.
  • 3540.1 Affordable housing shall be provided as described in this section. The provisions of Chapter 26 of this title shall not apply.

    3540.2The purposes of this section are to:

    (a) Ensure the provision of a significant amount of affordable housing, including for very low-income households;  and

    (b) Ensure that the affordable housing is distributed throughout the WR zone.

    3540.3 The FAR, lot occupancy, and height listed in the Development Standards for each WR zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.

    3540.4 For the entire WR zone, no less than four hundred and thirty-two (432)  units of affordable housing shall be subject to affordable housing covenants that collectively result in compliance with §§ 3540.5 and 3540.6.

    3540.5Of the four hundred and thirty-two (432) units:

    (a) No less than one hundred and fourteen (114) rental units shall be reserved for and provided at rents affordable to households earning thirty percent (30%) or less of the Area Median Income (AMI);

    (b) No less than one hundred and thirty nine (139) units shall be reserved for and provided at rents or sales prices affordable to households earning fifty percent (50%) of the AMI or less;  and

    (c) No less than one hundred and seventy nine (179) units shall be reserved for and provided at rents or sales prices affordable to households earning eighty percent (80%) of the AMI or less.

    3540.6A minimum amount of affordable units shall be provided in each zone, and in each multifamily building, according to the following table. The remaining affordable units may be located anywhere in the WR zone.

     

    Column A

    Column B

    Zone

    Minimum Percentage of Residential Units to be Provided as Affordable Units in the Zone

    Of the Units Prescribed in Column A, the Minimum Percentage to be Provided in Each Multifamily Building in the Zone

    WR-1

    8%

    n/a

    WR-2

    8%

    20%

    WR-3

    8%

    12.5%

    WR-4

    8%

    20%

    WR-5

    8%

    25%

    WR-7

    8%

    25%

    WR-8

    8%

    25%

     

    3540.7At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall devote no less than eight percent (8%) of its units to affordable units, which shall remain affordable in accordance with § 3540.8 for so long as the multifamily building exists.

    3540.8At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall set aside fifty percent (50%) of affordable units for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.

    3540.9At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, no less than eight percent (8%) of all units within the WR-1 zone shall be devoted to affordable units, which shall remain affordable in accordance with § 3540.10 for so long as the units exists. 

    3540.10At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, fifty percent (50%) of affordable units within the WR-1 zone shall be set-aside for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall be set aside for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less. 

    3540.11In the WR zone, each application for a building permit for a residential use shall include in tabular and map format a description of which affordable units have been provided to date and where, which affordable units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.

    3540.12Pursuant to § 3104, the Board of Zoning Adjustment may hear and decide any requests for relief from §§ 3540.5–3540.6, subject to the application demonstrating that the purposes of § 3540.2 would still be met.

     

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 12168 (September 4, 2015).