D.C. Mun. Regs. tit. 10, r. 10-A509
In 2006, the Comprehensive Housing Strategy Task Force concluded that there were roughly 30,000 affordable and inexpensive market rate housing units throughout the District of Columbia that were at risk of being lost. This is more than 10 percent of the city's housing stock, and it shelters many of the city's most vulnerable residents. To avoid displacement, the District will need to channel a greater share of the revenues being created by the strong housing market into new programs that preserve affordable units. This must be a priority in the city's most affluent areas as well as its poorest areas-indeed, preserving affordable units in affluent neighborhoods is especially important given the high cost of producing new units. 509.1
Many of the units that are at risk currently receive their funding through the federal Section 8 program. The program was initiated in 1974 and placed 20- to 40-year affordability contracts on apartment buildings. Thousands of these contracts are now expiring, with many of the units being converted to market rate rentals. In fact, half of the current project-based Section 8 dwellings are due to expire between 2005 and 2009. Many are located in gentrifying neighborhoods, and there are few incentives to building owners to keep them affordable. 509.2
The DC Fiscal Policy Institute estimated that rising rents alone caused a loss of 7,500 units with rent levels under $500 a month between 2000 and 2004. Over the same period, the number of homes valued at or below $150,000 decreased by 9,400.
Coupled with the loss of Section 8 units has been the demolition of 3,000 public housing units to make way for mixed income projects at East Capitol Gateway, Ellen Wilson, Henson Ridge, Wheeler Creek, and Arthur Capper Carrollsburg. Among these, only Ellen Wilson and Capper Carrollsburg include "one for one" replacement units for each subsidized unit removed. 509.3
Looking to the future, the city will need new programs to preserve its affordable stock, particularly its subsidized rental units. Rental housing comprises almost 60 percent of the housing stock and is the main housing option for those just entering the workforce and those without the initial resources to purchase a home. Low income renters are already more likely to pay more than half of their incomes on housing than any other group. A proposal for a District-sponsored rent subsidy program (similar to Section 8 ) has been included in the city's Comprehensive Housing Strategy to offset the expiring federal subsidies and help other households who are cost-burdened. The proposal calls for direct rental assistance to 14,600 extremely low income renters. 509.4
Policy H-2.1.1: Protecting Affordable Rental Housing
Recognize the importance of preserving rental housing affordability to the well-being of the District of Columbia and the diversity of its neighborhoods. Undertake programs to protect the supply of subsidized rental units and low-cost market rate units. 509.5
Policy H-2.1.2: Expiring Federal Subsidies
Preserve expiring subsidies for affordable housing units, particularly those in Section 8 -based projects, and projects funded with Low Income Housing Tax Credits and Tax Exempt Bonds, wherever possible. 509.6
Policy H-2.1.3: Avoiding Displacement
Maintain programs to minimize displacement resulting from the conversion or renovation of affordable rental housing to more costly forms of housing. These programs should include financial, technical, and counseling assistance to lower income households and the strengthening of the rights of existing tenants to purchase rental units if they are being converted to ownership units. 509.7
Rental housing comprises almost 60 percent of the housing stock and is the main housing option for those just entering the workforce and those without the initial resources to purchase a home.
Policy H-2.1.4: Conversion of At-Risk Rentals to Affordable Units
Support efforts to purchase affordable rental buildings that are at risk of being sold and converted to luxury apartments or condominiums, in order to retain the units as affordable. Consider a variety of programs to manage these units, such as land banks and sale to non-profit housing organizations. 509.8
Policy H-2.1.5: Long-Term Affordability Restrictions
Ensure that affordable housing units that are created or preserved with public financing are protected by long-term affordability restrictions and are monitored to prevent their transfer to non-qualifying households. Except where precluded by federal programs, affordable units should remain affordable for the life of the building, with equity and asset build up opportunities provided for ownership units. 509.9
Policy H-2.1.6: Rent Control
Maintain rent control as a tool for moderating the affordability of older rental properties and protecting long-term residents, especially the elderly. In considering future refinements to the rent control program, the District should be careful to determine whether the proposed changes improve effectiveness, fairness and affordability without discouraging maintenance and preservation of rental housing units. 509.10
Policy H-2.1.7: Direct Rental Assistance
Develop and fund programs that provide direct rental subsidies for extremely low-income households (earning less than 30% of areawide median income), including homeless individuals and families in need of permanent shelter. Continue support for federally funded rental assistance programs, including public housing, project-based Section 8, and the Housing Choice Voucher Program. 509.11
Action H-2.1.A: Rehabilitation Grants
Develop a rehabilitation grant program for owners of small apartment buildings, linking the grants to income limits for future tenants. Such programs have been successful in preserving housing affordability in Montgomery County and in many other jurisdictions around the country. 509.12
Action H-2.1.B: Local Rent Subsidy
Implement a local rent subsidy program targeted toward newly created public housing units, newly created extremely low income housing units, and newly created units of housing for formerly homeless individuals and families. 509.13
Action H-2.1.C: Purchase of Expiring Section 8 Projects
Consider legislation that would give the District the right to purchase assisted, multi-family properties (and to maintain operating subsidies) where contracts are being terminated by HUD or where owners are choosing to opt out of contracts. 509.14
Action H-2.1.D: Tax Abatement for Project-Based Section 8 Units
Implement the program enacted in 2002 that abates the increment in real property taxes for project-based Section 8 facilities. Consider extending the abatement to provide full property tax relief as an incentive to preserve these units as affordable. 509.15
Action H-2.1.E: Affordable Set-Asides in Condo Conversions
Implement a requirement that 20 percent of the units in all condo conversions be earmarked for qualifying low and moderate income households. The requirement should ensure that at least some affordability is retained when rental units are converted to condominiums. In addition, require condominium maintenance fees to be set proportionally to the unit price so as not to make otherwise affordable units out-of-reach due to high fees. 509.16
Action H-2.1.F: Housing Registry
Develop a registry of affordable housing units in the District and a program to match these units with qualifying low income households. 509.17
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-A509