Office of Attorney General: “OP failed to perform the public outreach and engagement component of the racial equity tool”

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)

Who’s all this housing for? D.C. fails to house 98 percent of homeless young adults, data shows

D.C. fails to house 98 percent of homeless young adults, data show

August 28, 2023 at 6:00 a.m. EDT
The vast majority of young adults and single adults experiencing homelessness in the District remained unhoused last year despite an infusion of vouchers meant to address a problem that is surging in the region, according to data publicly shared earlier this month by D.C. officials.
FULL STORY HERE >> https://archive.ph/6kl8h


[DCist archive] ‘Built Hopes Up To Break Them Down’: Kenilworth Courts Residents Say D.C. Housing Authority Betrayed Redevelopment Promises

‘Built Hopes Up To Break Them Down’: Kenilworth Courts Residents Say D.C. Housing Authority Betrayed Redevelopment Promises

From this link >> https://dcist.com/story/23/10/05/dc-kenilworth-courts-redevelopment-dcha/

On a dreary morning in mid-September, Kenilworth Courts resident Sheila Herring walked us through the complex, taking a brief reprieve from her own apartment. It’s being treated for a mouse infestation so severe that the critters have urinated and defecated on her clothes and bedsheets. 

“Welcome to hell,” she says, shuffling up the narrow cement stairwell of an apartment building on Quarles St. NE. Yards away from a ground floor windowpane where cracked glass radiates from a bullet hole, a cluster of stuffed animals and candles memorialize a resident who recently died. “Some have walked over bodies and some more to get in and out of that building. And the bodies weren’t moving. They were cold.”

When Kenilworth Courts opened in 1959, the 26-building complex was an example of what government-funded housing could be: It was one of the first integrated public housing complexes in D.C. and adjacent to amenities like the city’s iconic aquatic gardens and, later, a bevy of public transit options that includes the Deanwood metro station. 

But its 290 apartments fell into extreme disrepair, and in 2012, the DC Housing Authority received a grant from its federal counterpart to redevelop the property. By 2016, it struck an agreement with residents that outlined and affirmed their rights during the redevelopment process. 

The plan was relatively straightforward. With the help of two private developers, DCHA would raze and rebuild the complex in three phases, either giving existing tenants vouchers to temporarily live elsewhere or transfer them to another part of Kenilworth not undergoing active construction. The first phase would deliver 166 units of subsidized housing, and give priority to tenants who lived in the apartments being redeveloped. Residents would also get job opportunities, DCHA said, and importantly, they’d be able to move back in without having to redetermine their eligibility for public housing.

Kenilworth Courts is now one of only three public housing complexes in D.C. being actively redeveloped, despite pervasive conditions issues across DCHA’s portfolio of buildings, and before the complex’s groundbreaking, Herring became its resident council president to help her neighbors navigate the changes.

In the resident services building on Quarles St. NE, floodwater from recent thunderstorms sat stagnant, a dead cockroach floating on its back in one of the pools that collected in the communal kitchen. And although the building sits directly across the street from new phase one apartments covered in weatherproof wrap, its fate, along with the rest of Kenilworth’s acreage, remains unclear. 

Attorneys at Bread for the City, a legal services and advocacy organization representing the Kenilworth residents, learned this summer that the DC Housing Authority canceled the master development agreement between its two partners, the Warrenton Group and Michaels Organization. It’s unclear when DCHA will begin soliciting proposals from developers for the work. (Spokespeople for the two companies did not respond to DCist/WAMU’s requests for comment.)

Rachel Molly Joseph, the housing authority’s chief operating officer, did not answer DCist/WAMU’s questions about how the contract cancellation will shift the redevelopment timeline, saying only that DCHA “is committed to the Kenilworth community and the completion of its revitalization plan.”

But for the Kenilworth residents who continue to live on the property and have watched the redevelopment with wary eyes, the delay in construction is just one in a series of promises either bent or broken: The jobs residents were promised never really materialized. Several residents who lived in the phase one redevelopment zone pre-construction allegedly haven’t been contacted about moving back in. And dozens of others are now facing a flurry of paperwork as they find out they will ultimately have to reapply for the new units, contrary to what they say they were initially told.

“That’s what’s frustrating to me. We never got all the Arthur Capper units that we were promised, and that demolition started in the early 2000s. Park Morton is stuck. Barry Farm is stuck. All of these projects are stuck,” says Rebecca Lindhurst, an attorney at Bread for the City, referring to a slew of public housing complexes slated for redevelopment that have stalled at varying points in the process. 

The Kenilworth tenants worry that their complex will go the same way, and believe that their experience is part trend and part omen of redevelopments to come. 

Burdened by old buildings in appalling condition, the Housing Authority has faced mounting pressure by the local and federal government to upgrade many of its worst apartment buildings. A 2022 federal audit of the city’s public housing found that DCHA “is not maintaining units in decent, safe, and sanitary condition,” in part because its developments “have aging infrastructure … that are exacerbating the deterioration of physical conditions.”

But if the Kenilworth redevelopment is what future revitalization efforts will look like, residents say, the agency has its work cut out for it, to prove that existing residents will be the ones to benefit from new investment.

“Kenilworth was the best project in D.C. when my mother moved here,” says Sandra Johnson, a member of Kenilworth’s resident council, who has lived at the complex with her mother for 55 years. 

She believes that the city’s attitude about the development changed over the decades: Investment in upkeep and maintenance declined, even as property values around Kenilworth – and across D.C. – rose. As the city’s population grew, so too did visitors to the aquatic gardens, turning their neighborhood into a de facto parking lot for out-of-towners. 

Housing conditions at Kenilworth soon began to degrade. Between 2013 and 2018, the property was inspected on at least four occasions by the federal department of Housing and Urban Development. In each case, it received a failing score for its property conditions, earning only 38 points on a 100-point scale in 2018. Herring, who has lived on the Kenilworth complex for more than 30 years, had such bad moisture in her phase one apartment that, by the time she moved out of it, mushrooms grew from the walls. 

Herring and Johnson also say they have started to notice more drug- and gun-related crime around the property, particularly along Quarles St. NE. Herring recalls walking down that street recently just as someone drove down it, firing a gun paces away from her.

So when the Housing Authority promised Kenilworth residents the opportunity to apply for jobs related to the redevelopment, and helped host two job fairs in November of 2021, Herring was enthusiastic about trying to reach her neighbors and help them sign up. In Ward 7, where Kenilworth Courts is, the unemployment rate sits at 7.2% – nearly double the national average. “Some of the boys were like, ‘I don’t have to be out here hustling, risking being shot, being killed anymore,’” Herring says, remembering one young man who was recently shot and killed around Kenilworth Park. “It’s life or death for some of these kids.”  

But residents and their attorneys tell DCist/WAMU that the workforce development initiative, overseen in part by the local nonprofit Training Grounds, didn’t deliver jobs in a meaningful way. One resident, Lachelle Hardy, says that she was excited about the prospect of applying for a job that would allow her to work close to home. But many of the jobs on site required skilled labor, and by the time listings went up, it was too late for tenants to receive the certifications they needed to be eligible for the work. 

Some of the people who were recruited were later dismissed for having criminal backgrounds, Herring says, which devastated the applicants, who were allegedly never told that having a record would disqualify them from the jobs.

Training Grounds was contracted by the development team to provide a wide range of services to the Kenilworth residents, from occupational and technical training to life skills workshops. A spokesperson for the organization told DCist/WAMU in an emailed statement that they “consistently encountered a system that provided limited employment opportunities for residents. As time passed, both our frustration and that of the residents grew. Sadly, we’ve been a witness to the decline of resident morale due to these systemic issues [around the redevelopment process].” 

The spokesperson says that the team “brought [their] concerns to the DC Housing Authority and the development team on a number of occasions,” but that “there was little to no action taken to address the escalating issues.” The spokesperson declined to address the specific issues Training Grounds raised with the agency. 

“We hope that in the future, project leaders will demonstrate greater dedication and diligence in creating employment opportunities for residents, in a more equitable manner,” the spokesperson said. DCHA’s Joseph did not immediately respond to an email seeking comment about Training Grounds’ concerns. 

Herring says that the debacle sowed discord among residents. “[They said], ‘you lied to us, you told us we were gonna get jobs … you lied to us like they did,’” Herring says. “You built their hopes up to break them down. Now, if I go to them or anyone else, they won’t move.”

That distrust was amplified when it came time to have discussions about moving back into the property, residents say. 

“From day one, [DCHA employees] could not answer our – well, my – questions,” says Johnson, who has lived at the complex long enough to watch D.C.’s growth come at the expense of communities like hers, and remains skeptical of how Kenilworth’s redevelopment will play out. “So what they did, I think, is they gave us what they thought we wanted to hear. But they didn’t give us, ‘[here’s] what’s going on, what’s actually going to occur after these buildings get up.” 

So she says she felt a little vindicated when, on June 21, Housing Authority employees presented tenants with a slideshow that upended their understanding of the redevelopment. 

Johnson says residents learned that day that Kenilworth Courts is being converted through the Rental Assistance Demonstration program, a controversial and often complex federal pilot that’s supposed to make it easier for cities to finance housing improvement projects. 

More than 1,600 complexes around the country have already been rehabilitated through RAD over the last decade, but Kenilworth Courts will be among the first, and largest, complexes in D.C. to do so – and given the pressure DCHA faces from the federal government to improve public housing conditions, it likely won’t be the last. 

In the case of Kenilworth Courts, RAD gave the DC Housing Authority a way to offset the steep cost of redevelopment by bringing in private companies to construct and manage the building, as well as leveraging tax credits to add more units of varying affordability.

“So many of the properties [around the country] are converting to this mixed finance model, and it’s a hodgepodge of regulations that are incredibly difficult for lawyers, let alone residents, to understand,” says Lauren Song, an attorney with the National Housing Law Project and expert on public housing conversions through RAD. “You can have a resident living right next door who could have totally different regulatory rules than the one that you’re in.”

The financing decisions and structure of a RAD conversion deal ultimately have significant implications for residents: At Kenilworth, for example, residents will have a new property manager, likely new residential rules, and will have to redetermine their eligibility to move back into redeveloped units.

But Johnson says she didn’t know any of these particulars until residents received the slide deck from the agency in June that articulated why DCHA pursued a RAD conversion, when tenants might be able to start moving into new units, and how to reapply for them. 

At the time, according to the slides, the first of the new units were scheduled to open in August and come online throughout the remainder of the year; tenants would have until July 15 – just three weeks – to notify the agency whether they were interested in applying for one. Per the 2016 relocation agreement, residents were supposed to receive three months’ notice. The application process would also look different depending on the kind of subsidy underwriting the unit, according to DCHA’s presentation.

“It’s real messy,” Herring says. “Real messy.”

At 15 pages long, one of the applications asks residents to share monthly expense information for things like gasoline, cigarettes, clothing, and cleaning supplies. “You’ve gotta give ‘em six pay stubs–” Johnson begins, before Herring jumps in to add, fervent with sarcasm, “–and your birth certificate, your death certificate, your burial plot,” the two women breaking into peals of laughter.

Residents are still grappling with confusion over when and how to apply for a new unit – to say nothing of when the new buildings will actually open, since the August deadline came and passed.

Joseph from DCHA says that the agency has “never withheld details about the project from our residents,” and that third party management has been a factor in the redevelopment plans since 2012. She tells DCist/WAMU that the agency anticipates opening the first 23 townhouse units to residents in early December, with the rest of phase one’s 143 units to come “by early 2024.”

“We want to give residents onsite and former residents that have relocated every opportunity to move into new units prior to making offers to waitlist [members],” Joseph says, denying that DCHA has publicized a deadline for residents to express interest. “Until units are fully leased Kenilworth residents will have an opportunity to express their interest to get a new unit.”

Joseph adds that DCHA has contacted 47 families who previously lived in phase one about their right to return.

But Herring and her neighbors believe there are even more eligible households who haven’t been contacted. They tell DCist/WAMU that they know multiple families, including family members of their own, who have never received a letter from DCHA about moving back in – despite previously living in phase one and being relocated during construction. 

Per the Dec. 2016 resident relocation agreement, 61 families lived in the phase one redevelopment zone as of December 2016. (An earlier draft, from March, shows that 72 families lived there.) And the relocation agreement specifies that any tenants living on the property as of Jan. 2012 should receive the right to return to the property. But Joseph says that DCHA is using data from April of 2018 – when HUD approved Kenilworth’s phase one demolition – to track families. 

“It’s just a lot of wondering, OK, once they [finish construction], where do we go?” Johnson says. “What is our chance of actually living there?”

And while the first phase of redevelopment continues, the chaos surrounding who gets to move back in along with it, dozens of residents continue to live in squalor on other parts of the campus. 

Herring relocated to another part of the Kenilworth campus in 2017, out of her apartment in the zone scheduled for the first phase of construction. But in some ways, she isn’t faring much better with conditions in her temporary replacement unit: with the mouse infestation, the 62-year-old has been sleeping upright in a chair for weeks, nervous to sleep in her bed after finding mice feces in it. 

But because DCHA must now secure another development contract, as well as apply for approval with the D.C. zoning commission to build out the rest of the site, it will likely take many months, if not years, before redevelopment begins on other parts of the campus.

While phase one will tackle many of the deeply affordable units that were slated to replace Kenilworth’s public housing – 166 new units in total, including 42 for seniors and 44 townhome units – phases two and three were supposed to deliver some 360 more units of housing. Those phases would focus on parcels of land west of the phase one cluster, and include some market-rate apartments available for rent and sale. 

“I’m 62, and I’ve never hit the Powerball or the lottery,” Herring says with a pointed look, “so I figured this would be it for me.”

Despite the conditions she’s living in, Herring isn’t inclined to move back into the redeveloped phase one apartments. She’s nervous about the dynamic that a private management company adds to the mix, and doesn’t trust the housing authority to walk tenants through the changes. 

Either outcome, she muses, could end poorly for her. She wonders how long she’ll have to live in the disarray of her current apartment. And she worries about where she’ll go when they finally tear it down.

Paris pouring billions into public housing Post from Join or Die 🎳 (@JoinOrDieFilm)

Join or Die 🎳 (@JoinOrDieFilm) posted at 0:03 AM on Mon, Mar 18, 2024:
How Does Paris Stay Paris? By Pouring Billions Into Public Housing 

DC for Reasonable Development
(202) 854-8327‬
www.dc4reason.org

DC’s Unaffordable “Affordable” Housing Problem

In this post, we will explore why DC’s “affordable” housing is not affordable for most working families and residents in DC.

In DC, “affordability” presents us a math problem that most people just don’t have the time or care to figure out. We hear the word “affordable” and everything must be all good. It’s not.

What is DC’s affordability problem?

DC’s “affordability” is calculated using the Area Median Income (“AMI”) or the functional equivalent Median Family Income (“MFI”).

The AMI is based on the incomes of working residents in the DMV region including the District of Columbia, Northern Virginia, and parts of Maryland.

In fact, the AMI includes incomes of some of the wealthiest people in the United States like residents in Fairfax County, VA and Montgomery County, MD. And more and more wealthy people are moving into the region and they are making more and more take home money every year.

Thus in 2023-2024, the AMI for our region is $152k/yr for a family of four. For a household of one (a single person), the AMI is $106k/yr.

Source: Webpage, “2023-2024 Inclusionary Zoning Maximum Income, Rent and Purchase Price Schedule” at the DC Department of Housing and Community Development (DHCD) Wesbite, https://dhcd.dc.gov/publication/2023-2024-inclusionary-zoning-maximum-income-rent-and-purchase-price-schedule


There are three critical issues (among others) using DMV’s AMI to calculate DC’s “affordable” housing:

The AMI increases annually, thus DC’s overall affordability decreases each year.

  • In 2017, a single person household making $62k/yr could qualify for one of DC’s “affordable” studio/one bedrooms. Now in 2023-24, an individual making $85k/yr can qualify for an “affordable” studio/one-bedroom housing unit in DC. Thus, the limited pool of “affordable” units becomes less and less accessible by lower-income residents.

Source: Testimony in Zoning Case 23-02, Exhibit No. 558, at page 4, by Save DC Public Land, citing to the DHCD affordability matrices from 2017 and 2022 contrasting annually decreasing affordability, https://app.dcoz.dc.gov/CaseReport/ViewExhibit.aspx?exhibitId=331135

The city is producing housing that is unaffordable for most people and non-existent for families, yet calling it all affordable housing.

  • More than half of DC’s “affordable” units are for individuals making 80% of the AMI and by the math problem this mean “affordable” housing for individuals making $85k/yr.
  • The vast majority of “affordable” units in DC are for single residents (studios/one-bedrooms), with almost no units for families of three or more.

Source: Report, “Inclusionary Zoning Annual Report for Fiscal Year 2022” published by the DC Department of Housing and Community Development (DHCD) and submitted to the DC Ctiy Council by DC Mayor Muriel Bowser on April 12, 2023, https://dhcd.dc.gov/node/1655696

The AMI doesn’t consider DC’s minimum wage or immense racial wealth gap.

  • DC residents making the minimum wage are making about $33k/yr.
  • The median household income for DC’s white residents, at $149k/yr, is over three times higher than the median income of DC’s Black residents, which is $50k/yr (pre-pandemic).

Source: Report, “D.C. Racial Equity Profile for Economic Outcomes” published by the DC Council Office on Racial Equity and the DC Policy Center dated January 2021, https://www.dcracialequity.org/dc-racial-equity-profile

Conclusion: DC’S “AFFORDABILITY” POLICY IS BROKEN!

#IZFail

DC’s Affordability Policy Based on the “AMI” is Broken

During the pandemic in 2022, GGW’s Libby Solomon covered how DC’s “affordability” index is based on the DMV’s ever increasing Area Median Income (“AMI”). See here: https://ggwash.org/view/81935/here-are-dcs-new-affordable-housing-income-limits-for-2021

However, what GGW consistently forgets to do is make some solid conclusions that may help the people struggling to stay in their hometown of DC. For example, using Ms. Solomon’s insights and links in her post above combined with the data points below (all cited and sourced to original DC government reports), we conclude:

DC’S AFFORDABILITY POLICY IS BROKEN

  1. Any “affordability” policy in DC that relies on the annually increasing Area Median Income (“AMI”) or functional equivalent Median Family Income (“MFI”) is broken;
  2. The policy and results become more and more broken as wealthy residents in the region become wealthier and as the DMV welcomes more and more new wealthy people.
  3. As the AMI continues to trend upwards, DC becomes less affordable and gentrification increases. This means the growing displacement of lower income residents which pushes up the AMI even faster fueling even more gentrification.

Looking at the AMI Numbers — DC’s affordability is becoming less and less affordable as the AMI increases annually

See the following data points over time:

Year; AMI
2011; 106,100
2013; 107,300
2015; 108,600
2018; 117,200
2020; 126,000
2021; 129,000
2022; 142,300
2023; 152,100

Conclusion:

Between 2013 to 2023, the AMI has increased $44,800, a 42.2% increase over ten years. This means the available pool of “affordable” units becomes less and less accessible by those who need it most as wealthier DC residents (those making more than two to three times the minimum wage) can qualify for DC’s limited supply of so-called “affordable” housing units.

The U.S. Census numbers show the results: A substantial number of lower income families and residents have been displaced from the city (60,000 Black residents over the past two decades) under DC’s current broken “affordability” policy based on the ever increasing “AMI.”

Ward One leads in Black displacement, with 25% of the Black population made gone over the past ten years as the AMI is really just starting to soar.

AMI Sources:

Alex Baca, GGW: Let’s Talk About Housing and That’s It.

Alex Baca: “I don’t think that acknowledging that housing intersects with other issues in different ways for different people means every single other issue needs to be addressed, immediately, all of the time. This is simply not a workable strategy when your job is changing, and improving, public policy, as mine is.”

What Alex Baca is saying is, just build housing. That's the policy. We don't need to talk about who it benefits (developer funders) and who it harms (long time DC rez). We don't need to talk about displacement. We don't need to talk about planning for schools overcrowding, cuts to public transportation, over capacity sewers, etc.

 


2024 Office of Planning & Office of Zoning Performance Oversight Highlights

OP/OZ Performance Oversight Highlights

Feb 22 2024

Some things to ask yourself about participating in these types of hearings:
  • Did OP/OZ's agency responses get at your problems and concerns, how? If not, why do you believe they didn't? And what's your follow up with these agencies or with the Committee to pursue the answers?

  • Do you think we moved the needle in any way at these hearings for the people and for our interests in the city? How or why?  

For me, the agencies and the city have no answers for (see attached print testimonials below for links to sources):

  • 60,000 Black residents displaced in twenty years of #BuildingAsUsual
  • Conservatively, there are 40,000 empty Class A housing units around the city right now — there is no luxury housing crisis (as if there ever was).  We need affordable housing, social housing not luxury housing especially on public land.
  • DC's definition of affordable housing IS NOT affordable for most people especially due to the immense racial wealth gap in DC.

Testimonials (some highlights):


Colby King

Colby King on Black Displacement from Washington D.C.

“The most destructive force to strike my native District of Columbia in my lifetime has been displacement: the forced removal of Black families and their community-binding activities and institutions from areas such as the Foggy Bottom and West End neighborhoods of Northwest D.C. and the southwest side of town. Displacement of thousands from places they had lived for generations to make room for new housing, better buildings and ultimately more affluent and privileged people.”  

Opinion, “D.C. shoved Black neighborhoods aside. It’s still paying the price” by Colbert I. King, published in the Washington Post on January 19, 2024, https://archive.ph/5gxwK

The city's “poor folk [are being forced] out of their neighborhoods” by the city's “active role in development, selling or leasing publicly owned land, changing zoning laws, closing alleys and providing developers with inducements to construct new — or refurbish old — buildings … with resultant racial and class tensions.”

Opinion, “Quit the posturing in the Banneker-Shaw school dispute” by Colbert I. King on May 24, 2019 in the Washington Post, https://archive.ph/OSHig

“The city's growing tax base of middle-class couples and singles makes D.C. Mayor Anthony Williams giddy. The sight of “undesirable” neighborhoods being rapidly transformed into places where wealthier folks want to live makes Williams go weak in the knees. These changes are just what the mayor, his economic planners and his business friends ordered. Besides, there's no time for the displaced. The mayor's too busy with the National League of Cities and, when he's home, being wined and dined in glitzy downtown restaurants, Georgetown salons and the homes of folks he never thought he would meet when he was laboring as an Agriculture Department bureaucrat. The whole thing has turned his head. So what if booming property values and a richer downtown cultural life aren't doing much for renters or the evicted?”  

Opinion, “Turning a Deaf Ear to the Displaced” by Colby King dated January 8, 2005, published by the Washington Post,  https://archive.ph/ps8ft#selection-949.33-949.846




Sources:

Press Alert: DC Neighbors Want Proper Notice Abt Controversial Rezoning Project (1617 U Street NW — Police & Fire Stations)

Press Alert, Contact: Chris Otten 202-810-2768
January 5, 2024
Neighbors Around Controversial High-Density Rezoning Project Left Off Mailing Lists (1617 U Street); Mayor's Office of Planning and the Zoning Commission Ignored Attorney General's Advice About Wider and More Engaging Public Notice

Wards 1 & 2, Washington, DC — The Mayor has applied to rezone 2-acres of public land at 1617 U Street NW to allow 10+ story buildings at the public site in an area surrounded by two- and three-story historic districts with rowhomes dating back to the 1800's.


The rezoning is controversial in the community garnering more than 1,000 signatures of nearby neighbors largely because after rezoning a new high-density building could be built & introduce hundreds of new unaffordable market-rate units (luxury units on public land) and displace (temporarily or perhaps permanently) the current home of the Third District Police station and Engine 9 fire station and disrupting the community's life safety services increasing emergency response time.

Despite the clamoring of opposition and desire for more engagement on the future of 1617 U Street, according to a neighbor's letter to the DC Council and a party's motion sent to the DC Zoning Commission showing that the Mayor's Office of Planning and DC Office of Zoning have chosen to use outdated mailing lists that has left off numerous neighbors and properties from engagement, eliminating their opportunity to part of the zoning case and hearing this coming Monday, January 8, 2024.

A motion filed with the Zoning Commission by neighbors says:

In all more than 40 different Property Owners within 200 feet of this site were not provided the legally required notice of the January 8, 2024 Hearing required under 11 DCMR, Subtitle Z, §402.1(d) nor did this Commission inform these 40+ Property Owners of “The requirements for participation as a party” and the importance of that status in a contested case, as required by 11 DCMR, Subtitle Z, §402.2. This upzoning is the prelude to DMPED’s attempt to have a massive 11 story, 650 unit apartment building constructed on this site. Failure to grant Property Owners their due process rights under the Subtitle Z in this contested case, is not only fundamentally wrong but will likely cause extensive and unnecessary future litigation.


In a hearing before the Zoning Commission last summer, the DC Attorney General's Office advised the Zoning Commission and the Mayor's Office of Planning that more informative and wider notice was needed for zoning cases, not less but this advice seems to have been ignored.

Neighbors are asking the Zoning Commission to rule on the motion asking for postponement until proper and full notice is sent to all affected neighbors per the zoning regulations. 


The zoning hearing is scheduled for this Monday, January 8, 2024 and can be watched here >> https://dcoz.dc.gov/service/watch-live-virtual-zcbza-hearingsmeetings

### ###




ATTACHMENTS:
* Letter to Councilmember from Neighbors
* Motion asking for proper notice to the Zoning Commission


———- Forwarded message ———
From: Arlene Feskanich <feskanicha@gmail.com>
Date: Fri, Jan 5, 2024 at 1:20 PM
Subject: Office of Zoning Case 23-02: Joint Motion to Continue January 8, 2024 Hearing Due to Failure to Properly Notify All Property Owners Within 200 Feet & Mailing List Used to Serve Property Owners Was from 2022 (or Earlier)
To: <abonds@dccouncil.gov>, bnadeau@dccouncil.gov <bnadeau@dccouncil.gov>, <bpinto@dccouncil.gov>, <callen@dccouncil.gov>, <chenderson@dccouncil.gov>, <jlewisgeorge@dccouncil.gov>, <kmcduffie@dccouncil.gov>, mfrumin@dccouncil.gov <mfrumin@dccouncil.gov>, <pmendelson@dccouncil.gov>, <rwhite@dccouncil.gov>, <twhite@dccouncil.gov>, <vgray@dccouncil.gov>, <zparker@dccouncil.gov>
CC: Arlene Feskanich <feskanicha@gmail.com>, Edward Hanlon <ed.hanlon.3@gmail.com>, Gregory Adams <adams.gregory1@yahoo.com>, Randy Jones <rjj0302@gmail.com>, Schellin, Sharon (DCOZ) <sharon.schellin@dc.gov>
Dear DC Council Members:
I am writing to you today because there is an important rezoning decision currently before the Zoning Commission  that will have long-lasting and transformative consequences if approved, and yet the contested hearing regarding this site was never properly noticed by the Office of Zoning.
The site in question is 1620 V St NW / 1617 U St NW.
This is publicly owned property that currently is home to the Third District Police Station and Fire Engine Co. 9 — both essential services that serve not only the immediate community but also the District at large.  The Third District Police Station is a hub for police activities whenever there is a large event or demonstration taking place in the District.
The site is also surrounded by two historic-designated districts and neighborhood conservation areas.
The future of this site is, therefore, important to all DC residents.
Yet, the proposed rezoning of this site was never properly noticed to residents, either by mail or by on-site placards.
The Office of Attorney General on June 2, 2023 gave very specific testimony about improving notices and making notification even wider, with far more information on the notice.  https://app.dcoz.dc.gov/CaseReport/ViewExhibit.aspx?exhibitId=312391   Yet the Office of Zoning failed to take note and implement these comments to bring greater clarity and transparency to the zoning approval process.

We, the Parties in Opposition in rezoning Case 23-02, therefore, want to bring to your attention this distressing lack of notification and transparency on the part of the Office of Zoning, and make you aware of this problem within the District’s zoning process at large.
We have filed the attached Motion with the Office of Zoning, detailing this lack of proper notification, and request that you review it and give it great consideration in your own deliberations regarding the zoning process within the District of Columbia.
Respectfully,
Arlene Feskanich
Representative of the Homeowners Within 200 Feet of Lots 826 and 827 party
OZ Case 23-02

From: ed.hanlon.3@gmail.com <ed.hanlon.3@gmail.com>
Sent: Thursday, January 4, 2024 4:01 PM
To: 'Daniel.Lyons@dc.gov' <Daniel.Lyons@dc.gov>; 'Jennifer.Steingasser@dc.gov' <Jennifer.Steingasser@dc.gov>; 'Joel.Lawson@dc.gov' <Joel.Lawson@dc.gov>; 'dcoz@dc.gov' <dcoz@dc.gov>; 'Brian (OAG' <Brian.Schwalb@dc.gov>; 'oag@dc.gov' <oag@dc.gov>; 'Alexandra (OAG' <Alexandra.Cain@dc.gov>; 'Lily (OAG' <lily.bullitt@dc.gov>; 'Maximilian.Tondro@dc.gov' <Maximilian.Tondro@dc.gov>; 'Niquelle.Allen@dc.gov' <Niquelle.Allen@dc.gov>; 'Johnnie.Barton2@dc.gov' <Johnnie.Barton2@dc.gov>; 'ashley.cooks@dc.gov' <ashley.cooks@dc.gov>; 'odca.mail@dc.gov' <odca.mail@dc.gov>; 'jlewisgeorge@dccouncil.gov' <jlewisgeorge@dccouncil.gov>; 'oca.eom@dc.gov' <oca.eom@dc.gov>; 'dmped.eom@dc.gov' <dmped.eom@dc.gov>; 'planning@dc.gov' <planning@dc.gov>; 'sharon.schellin@dc.gov' <sharon.schellin@dc.gov>; 'DCOZ – ZC Submissions (DCOZ' <DCOZ-ZCSubmissions@dc.gov>; '1b@anc.dc.gov' <1b@anc.dc.gov>; '2B@anc.dc.gov' <2B@anc.dc.gov>
Subject: Joint Motion to Continue January 8, 2024 Hearing Due to Failure to Properly Notify All Property Owners Within 200 Feet & Mailing List Used to Serve Property Owners Was from 2022 (or Earlier)

 

JOINT MOTION OF DUPONT CIRCLE CITIZENS ASSOCIATION,

HOMEOWNERS WITHIN 200 FEET OF LOTS 826 AND 827 AND RANDALL JONES

REQUESTING THE COMMISSION CONTINUE THE JANUARY 8, 2024  HEARING DUE TO

FAILURE TO PROPERLY NOTIFY ALL PROPERTY OWNERS WITHIN 200 FEET

 

—- continued on the record —-

———– click link above ——–