D.C. Mun. Regs. tit. 11, r. 11-K920
Affordable housing shall be provided as described in this section. The provisions of Subtitle C, Chapter 10, shall not apply, with the exception of the relevant penthouse habitable space affordable housing provisions pursuant to Subtitle C §1507.2.
The purposes of this section are to:
The FAR, lot occupancy, and height listed in the Development Standards for each WR zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.
For the WR-1 through WR-8 zones, no less than four hundred and thirty-two (432) units of affordable housing shall be subject to affordable housing covenants that collectively result in compliance with Subtitle K §§920.5 and 920.6.
Of the four hundred and thirty-two (432) units minimum:
A minimum amount of affordable units shall be provided in each of the WR-1 through WR-8 zones, and in each multifamily building, according to the following table. The remaining affordable units may be located anywhere in the WR-1 through WR-8 zones.
TABLE K § 920.6: AFFORDABLE UNIT REQUIREMENTS
Column A | Column B | |
Zone | Minimum Percentage of Residential Units to be Provided as Affordable Units in the Zone | Of the Units Prescribed in Column A, the Minimum Percentage to be Provided in Each Multifamily Building in the Zone |
WR-1 | 8% | n/a |
WR-2 | 8% | 20% |
WR-3 | 8% | 12.5% |
WR-4 | 8% | 20% |
WR-5 | 8% | 25% |
WR-7 | 8% | 25% |
WR-8 | 8% | 25% |
At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall devote no less than eight percent (8%) of its units to affordable units, which shall remain affordable in accordance with Subtitle K §920.8 for so long as the multifamily building exists.
At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall set aside fifty percent (50%) of affordable units for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.
At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, no less than eight percent (8%) of all units within the WR-1 zone shall be devoted to affordable units, which shall remain affordable in accordance with Subtitle K §920.10 for so long as the units exists.
At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, fifty percent (50%) of affordable units within the WR-1 zone shall be set-aside for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall be set aside for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.
In the WR-1 through WR-8 zones, each application for a building permit for a residential use shall include in tabular and map format a description of which affordable units have been provided to date and where, which affordable units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.
Pursuant to Subtitle X, Chapter 9, the Board of Zoning Adjustment may hear and decide any requests for relief from Subtitle K §§920.5 and 920.6, subject to the application demonstrating that the purposes of Subtitle K §920.2 would still be met.
Affordable units, in addition to the other requirements of this section, arising from penthouse affordable space pursuant to Subtitle C §§1507.1 and 1507.2 shall be provided in accordance with the relevant provisions of Subtitle C, Chapter 10, for residential penthouse habitable space or Subtitle C §1507 for non-residential penthouse space, expect that such unit may be located anywhere within the area covered by any WR zone.
D.C. Mun. Regs. tit. 11, r. 11-K920