Citing to the attached letter from the Office of the Attorney General:
[P]roblems resulting from the racial equity tool’s lack of clarity and codification have recently arisen in Z.C. Case No. 23-02 [The 1617 U Street Luxury Upzoning Case].
In that case, OP, the applicant, failed to perform the public outreach and engagement component of the racial equity tool, thereby impacting the ability of OP and the Commission to complete the racial equity tool.
As multiple members of the public have noted, had the racial equity tool requirements been clarified and codified within the Zoning Regulations, it would have provided not only clarity on when and how the outreach should have been done, but also would have provided the Commission with a process for dealing with any omissions or oversights in the completion of the racial equity analysis.
Without these regulatory safeguards, the Commission is left to “ad lib” procedures, which not only negatively affect community involvement but also raise issues of legal sufficiency.
–OAG (attached in full)
22-25-NOPR-Comments-OAG-to-OZ-3-14-24-1.pdf