DHCD is responsible for enforcing the ADU requirements that have been imposed by public or quasi-public entities, such as the Zoning Commission, Deputy Mayor for Planning and Economic Development, DHCD, publicly chartered development corporations, and the Office of the Chief Financial Officer, through the following mechanisms:
- Legislation providing tax exemptions, tax abatements, or other financial assistance, including D.C. Official Code §§ 47-857.01 et seq., D.C. Official Code § 47-865, D.C. Official Code § 47-866, and legislation providing tax exemptions, tax abatements, or other financial assistance to specific projects;
- Agreements entered into by an agency subordinate to the Mayor or by the former National Capital Revitalization Corporation, RLA Revitalization Corporation, Anacostia Waterfront Corporation, Southwest Waterfront Development Corporation, or Redevelopment Land Agency to sell or lease District-owned property;
- Agreements entered into by the Mayor or a delegee of the Mayor to provide tax increment financing or payment in lieu of taxes financing or to establish the conditions of such financing;
- and Covenants to which the Mayor or a delegee of the Mayor is a party, including covenants related to planned unit developments and the sale or lease of District-owned property.
DHCD currently monitors and enforces the requirements of many of these ADUs by determining resale prices, certifying incomes of prospective buyers and renters, and taking other appropriate actions.
Due to the varying nature of ADU provisions, DHCD is reviewing each request for assistance with an ADU on a case by case basis. To the extent possible and where practicable, DHCD is looking to provisions within the District’s Inclusionary Zoning Program (see Inclusionary Zoning Implementation Amendment Act of 2006 (D.C. Official Code § 6-1041.07 et seq.), Mayor’s Order 2008-59 (April 2, 2008), 14 DCMR § 2200 et seq., and 11 DCMR § 2600 et seq. in order to normalize expectations and guide DHCD’s administration of ADUs. The Inclusionary Zoning Program also produces housing units (Inclusionary Units) that have income, price and resale restrictions.