D.C. Mun. Regs. tit. 10, r. 10-A317
Group housing accommodates District residents with a wide variety of special needs, including persons with physical and mental disabilities, terminal illnesses, foster children, parolees, recovering substance abusers, victims of domestic violence, the elderly, and others. Such homes have become increasingly common due to the closure of large institutions and greater recognition of the social benefits of group living arrangements. Group housing can provide a family-like environment, aid in the development of life skills, and foster the integration of persons with special needs into society. Yet such housing is among the most difficult uses in the city to site due to public concerns about neighborhood impacts. 317.1
The District's zoning regulations recognize many types of group housing, including adult rehabilitation homes, community residence facilities, emergency shelters, health care facilities, substance abuser homes, youth rehabilitation homes, and youth and youth residential care homes. Other types of group housing also exist. Their impacts are substantially different depending on their size, location, and the population they serve. 317.2
Recognizing the distinction between the different types of group housing is important because different licensing procedures and zoning requirements apply based on the number and characteristics of residents served. These requirements are guided by the federal Fair Housing Act, particularly 1988 Amendments limiting the degree to which zoning may restrict group home location, placement, and operation. Under federal law, all state and local governments are required to make "reasonable accommodation" to house persons with disabilities. Interpretation of this standard has been the subject of litigation in cities across the country for almost two decades. 317.3
The District's geographic information system (GIS) includes a partial inventory of group housing in the District; this is shown in Map 3.7. While this is not a complete inventory, it clearly illustrates that such housing is more heavily concentrated in some parts of the city than others. This is the result of a number of factors, including land costs, proximity to supportive services, and the density and character of housing in the city. The District's Zoning Regulations permit most categories of group homes with six residents or less as matter-of-right uses in all residential zones. However, some categories of small group homes-including those for recovering substance abusers and adjudicated felons-are subject to Special Exception requirements from the Board of Zoning Adjustment, as well as distance separation standards. Minimum distance standards also apply to youth residential care and community residence facilities with nine to 15 residents. These standards limit the siting of new group homes within 1,000 feet of existing group homes in single-family zones and within 500 feet in moderate and higher density zones. 317.4
The licensing, monitoring, and management of group homes also have been raised as community concerns. Similarly, the need to more effectively involve the community in siting decisions, and to provide better notification of siting requests has been raised. Despite zoning standards, there are still concerns about neighborhoods becoming more institutional in character as group homes are established. There are also concerns about fairness and equity, given the fact that some neighborhoods have many group homes while others have none. Resolving this particular dilemma is complicated by the soaring cost of real estate, which tends to shift demand to the most affordable parts of the city. 317.5
Map 3.7:Locations of Group Homes 317.6
In the coming years, the District will strive to locate group homes in a manner that balances neighborhood concerns while meeting the housing needs of all residents. Additional examination of the District's zoning regulations, improvement of zoning definitions, and clearer siting standards for the different categories of group homes are recommended. Increased coordination between the agencies responsible for licensing and monitoring all community housing facilities should be achieved. Greater community involvement, including advisory committees, good neighbor agreements, and more rigorous monitoring procedures, should be used to improve operations and address land use conflicts. 317.7
Policy LU-3.4.1: Reasonable Accommodation of Group Homes
Recognize the importance of group homes to providing a positive, healthy environment for many residents of the District of Columbia. Ensure that the District's planning, zoning, and housing codes make reasonable accommodation for group homes without diminishing the character or fundamental qualities of its residential neighborhoods. 317.8
Policy LU-3.4.2: Promoting More Equitable Distribution
Encourage a more balanced distribution of group housing in the District of Columbia. The concentration of group homes or creation of excessively large group homes in a manner that would threaten the residential character of any one neighborhood should be strictly avoided. Such concentrations are inconsistent with the objective of integrating special needs populations into the larger community. Care should be taken to locate particular special needs populations where they can best receive services and support. 317.9
Policy LU-3.4.3: Small Group Housing for the Disabled
As required by the federal Fair Housing Act, allow group homes with six or fewer residents (excluding staff or caregivers) serving persons with disabilities in all residential zone districts. Zoning requirements for such homes that are more restrictive than those applying to other residential uses are unlawful and shall not be permitted. 317.10
Policy LU-3.4.4: Larger Group Housing and Group Housing Serving Non-Disabled Populations
Permit larger group housing (with seven or more residents) and group homes serving non-disabled persons with special needs (including youth and adult rehabilitation homes) in all residential districts, subject to Board of Zoning Adjustment approval and siting standards that discourage excessive concentration and that comply with federal housing laws. The Special Exception process should be used to ensure public notification and involvement and to establish conditions that improve the compatibility of group homes with surrounding uses. Siting standards for such housing shall be contained in the Zoning Regulations. 317.11
Policy LU-3.4.5: Design Compatibility of Group Homes
Encourage the design and appearance of group homes to be consistent with the character of the surrounding neighborhood and to blend with adjacent residences to the maximum extent possible. 317.12
Policy LU-3.4.6: Communication on Group Home Operations
Increase coordination and communication between the District, group home operators, and area residents in order to improve operations, address community concerns such as parking and public safety, and more fully integrate group home residents into the community. Consider the use of community advisory boards and task forces to mediate operational and siting issues, including the size of the facility. 317.13
Policy LU-3.4.7: Licensing and Group Home Code Compliance
Ensure that the permitting, licensing, monitoring, and operation of group homes meets all applicable codes and standards. Improve enforcement programs to ensure compliance and take prompt, effective action in the event of violations. 317.14
Policy LU-3.4.8: Public Information On Group Housing Needs
Improve public education and information on the need for group housing in the District, and on issues related to their operation and resident needs. 317.15
Action LU-3.4.A: Clarification of Community Housing Definitions
Clarify the definitions of the various types of community housing in the District, and ensure the consistent use of these definitions in all planning, building, and zoning codes and licensing regulations. 317.16
Action LU-3.4.B: Information on Group Home Location
Provide easily accessible information on location and occupancy for all licensed group home facilities in the District. Such information should be accessible via the Internet and also should be available in mapped format, with appropriate protections for the privacy rights of the disabled. 317.17
Action LU-3.4.C: Analysis of Group Home Siting Standards
Conduct an analysis of the spatial standards currently used to regulate group homes and homeless shelters in the District, and determine if adjustments to these standards are needed to create additional siting opportunities. In addition, consider allowing group homes and homeless shelters in Zone Districts CM-1 and CM-2. 317.18
Action LU-3.4.D: Community Housing Ombudsman
Establish an ombudsman position within the District of Columbia to serve as a resource for residents, neighborhood organizations and other stakeholders, government, and group home operators. The ombudsman would encourage educational efforts, enforcement of Fair Housing Act policy, and dispute resolution related to the siting and operations of group homes within the District. 317.19
The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9 a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.
D.C. Mun. Regs. tit. 10, r. 10-A317