Washington DC Headlines
On June 1, the Department of Consumer and Regulatory Affairs (DCRA) began adding a 10% service enhancement fee on all business licenses, building permits and other services to cover the costs of enhanced technological capabilities. If you are paying for services at DCRA, the total will be added to your bill and may be paid at the Cashier. If you are mailing your application, the 10% fee should be added to your total. The additional fee was included in two Emergency Rulemakings published in the DC Register on May 28, 2010. Copies of both, which include complete lists of fees affected, are available here:
The Federal Emergency Management Agency (FEMA) recently designated several areas within the District of Columbia, including downtown Washington, as likely being located within a Special Flood Hazard Area (Flood Zone). If a property is in the Flood Zone, its owner will be required by federally regulated mortgage lenders to obtain flood insurance for the buildings on the property. Property owners were briefed on this issue on August 19.
The DC Department of Consumer and Regulatory Affairs (DCRA) has posted the August 2010 inspection schedule on its website.
Members may click on DCRA – AUGUST PROACTIVE INSPECTION SCHEDULE to view the list of residential properties that DCRA plans to inspect during the month of August.
On Dec. 15, the DC Department of Housing and Community Development will sponsor a free presentation to assist small housing providers with the step-by-step process to register their residential rental properties in DC. The presentation will also assist small housing providers understand how to take annual CPI-W rent increases, and other rent adjustment processes will be discussed. Speaker: Gilles Stucker, Housing Provider Ombudsman Location: Department of Housing and Community Development, 801 North Capitol Street, NE, 9th Floor, Washington, DC.
The DC Department of Housing and Community Development’s (DHCD) housing listing and locator service will soon be available free to individuals and property owners/managers. Housing providers may use the service to list available properties and will have the ability to manage and update their accounts at anytime. Residents may browse up-to-date, detailed listings to find available properties that meet their housing needs and may search search by fields such as ward, zip code, price, the number of bedrooms, proximity to public transportation, accessibility features, and income or age restrictions.
Represented by Caroline Kruger of Boston Properties and Kelliann Whitley of Blake Real Estate, AOBA testified on Oct. 29 on pending stormwater legislation. The bill proposes to change the methodology for assessing a stormwater fee to one based on the amount of impervious surface at a property. AOBA testified on the need to enable property owners to appeal WASA’s determination of the amount of a property’s impervious surface area. Additionally, since there will be a delay between application of the fees and implementation of a credit/incentive program, AOBA advocated for retroactive application of credits for those properties with preexisting stormwater management systems. Some property owners, including many AOBA members, have been proactive in adopting measures to reduce stormwater runoff from their buildings and these efforts should be recognized.
The DC Department of Housing and Community Development (DHCD) and the Department of Mental Health (DMH) recently launched a new Housing Improvement Program initiative (HIP) under which up to $1 million of DMH funding will be available for the rehabilitation and improvement of apartment units that provide housing to mentally ill individuals. Eligible buildings are limited to those with 4 to 25 units. DHCD expects to identify the program administrator by Nov. 7 and is hopeful that funds will become available in early December. HIP is a pilot program which the District may elect to expand depending on the level of demand. Members interested in learning more should contact Will Warren at (202) 442-7173 or at will.warren@dc.gov.
The DC Department of the Environment increased the stormwater fee effective Oct.1 as follows: (1) Multi-Family - 4.4% of water and sewer charges; and (2) Others (including commercial) – 6.3% of water and sewer charges. AOBA members should note that the October 1 rate increase is still based on water and sewer usage. The methodology for assessing a stormwater fee is scheduled to eventually change to one based on the amount of impervious surface at a property.
AOBA’s DC Legislative and Regulatory Issues Committee hosted a special extended meeting on Oct. 8 that included presentations from key DC housing agencies followed by a status report on proposed changes to the District’s construction codes. The new DC Housing Provider Ombudsman within the DC Department of Housing and Community Development (DHCD) was introduced, and DHCD Director Leila F. Edmonds briefed members on the Mayor’s initiative to seek the availability of apartment units that meet criteria for consideration to house single men, women and couples under the District’s Permanent Supportive Housing Program (PSHP). The PSHP is an initiative developed to provide permanent housing and supportive services to chronically homeless individuals and families to ensure housing stabilization, maximum levels of self-sufficiency and al better quality of life for this population). Approximately 600 apartment units are being sought to house homeless individuals. The meeting concluded with a status report on proposed changes to the DC Construction Codes. For more info on these issues,email Nicola Whiteman, nwhiteman@aoba-metro.org
AOBA recently testified at a Sept. 19 hearing regarding numerous concerns with proposed building code changes. The hearing was scheduled by Councilmember Mary Cheh (D-Ward 3), Chairperson of the Committee on Public Services and Consumer Affairs, who heard concerns raised by AOBA, members of the DC Building Code Advisory Council (BCAC), and the DC Building Industry Association, regarding the proposed 2008 building codes. The proposed changes will mandate extensive elevator retrofit and sprinkler requirements for existing buildings. Members should stay-tuned to Action Alerts and upcoming DC At Issue emails for updates on the adoption of the proposed changes.
On Sept. 4, the Board of Directors for the DC Water and Sewer Authority (WASA) approved a 7.5% increase in the water and sewer rates. This increase is less than the 8.5% increase originally proposed by WASA’s management. The new rates will be effective Oct. 1, 2008.
With AOBA’s help, students in Wards 2 and 6 can focus on learning, having been equipped with backpacks and calculators for the school year. In Ward 2, AOBA received a request through Councilmember Jack Evans (D-Ward 2) to assist 20 students still in need of backpacks during the first week of school. AOBA immediately responded to the request and presented 20 backpacks to ANC Commissioner Barbara Curtis on Aug. 28. Commissioner Curtis collected the backpacks on behalf of 20 young residents of the Gibson Plaza Apartments located in the Shaw area of Ward 2. Across the city, in Ward 6, 32 AOBA members contributed over $5700 to purchase 60 calculators for seventh graders at Eliot/Hine Middle School. AOBA will deliver the calculators to the principal at a special presentation with Councilmember Tommy Wells (D-Ward 6).
AOBA recently designated Elliot/Hine Middle School, located at 335 8th St., SE , in Ward 6, as the beneficiary of the organization’s 2nd annual school supplies drive. With the funds collected, AOBA will purchase graphic calculators for seventh-graders enrolled at Elliot/Hine Middle School. AOBA members may participate by forwarding a donation to AOBA.
This is the second year in which AOBA has sponsored a school supplies drive. Last year, AOBA members raised almost $8,000 to purchase calculators for ninth-graders at Ballou Senior High School in Ward 8.
Just prior to the Council's July 15 meeting, Councilmember Mary Cheh (D-Ward 3), Chairperson of the Committee on Public Services and Consumer Affairs, pulled a controversial resolution to greenlight adoption of the proposed 2008 building codes. In response to concerns raised by AOBA, members of the DC Building Code Advisory Council (BCAC), and the DC Building Industry Association, Cheh will hold a hearing on the proposed code changes before presenting the resolution to the Council for a vote.
AOBA members can now access the final version of the "Clean and Affordable Energy Act of 2008," adopted by the Council on July 15. The legislation is expected to take effect this fall, and AOBA will notify members once the Council publishes the actual effective date. The new law includes a number of provisions of interest including, most notably, language authorizing submetering in commercial buildings.
At the Council’s July 15 legislative meeting, Councilmember Marion Barry (D-Ward 8) withdrew two bills that propose to significantly expand the circumstances under which owners must provide an opportunity to purchase a housing accommodation. Barry pulled these bills to allow further discussion of issues raised by AOBA, the Executive, and other stakeholders…so, stay tuned!
The first, Bill 17-631, the “District’s First Right of Refusal Amendment Act of 2008” will require owners provide the Mayor with an opportunity to purchase a housing accommodation. The second, Bill 17-441, the “Section 8 Preservation Act of 2007” extends the opportunity to purchase to tenants in publicly assisted housing. AOBA is particularly concerned that the tenant opportunity to purchase would not only be triggered by an owner selling its property, but also by issuance of a notice to discontinue participation in any federally assisted housing program (defined to include, for example, project-based contracts).
The first, Bill 17-631, the “District’s First Right of Refusal Amendment Act of 2008” will require owners provide the Mayor with an opportunity to purchase a housing accommodation. The second, Bill 17-441, the “Section 8 Preservation Act of 2007” extends the opportunity to purchase to tenants in publicly assisted housing. AOBA is particularly concerned that the tenant opportunity to purchase would not only be triggered by an owner selling its property, but also by issuance of a notice to discontinue participation in any federally assisted housing program (defined to include, for example, project-based contracts).
Months of intense advocacy work paid off in July – with energy legislation that will be less costly for members and will bring a new level of accountability to the bureaucracy responsible for the District’s environmental programs. The city’s “Clean and Affordable Energy Act of 2008,” to become effective this fall, includes several key amendments promoted by AOBA that make the legislation significantly less onerous and more effective in promoting energy efficiency and conservation. Most importantly, thanks to a strong push by AOBA and its members, the legislation now includes a provision authorizing submetering in commercial buildings. (In the fall, AOBA expects Councilmembers to introduce legislation authorizing submetering in multifamily buildings.)
Also, responding to AOBA’s insistence on accountability, the final legislation requires the District’s Department of the Environment (DDOE) and Sustainable Energy Utility to submit quarterly reports detailing the expenditures from each of these funds: Sustainable Energy Trust Fund, Energy Assistance Trust Fund, and Renewable Energy Development Fund. Finally, representing a huge savings for AOBA members, the legislation reduces a previously sky-high alternative compliance fee (ACF) for solar energy.
Also, responding to AOBA’s insistence on accountability, the final legislation requires the District’s Department of the Environment (DDOE) and Sustainable Energy Utility to submit quarterly reports detailing the expenditures from each of these funds: Sustainable Energy Trust Fund, Energy Assistance Trust Fund, and Renewable Energy Development Fund. Finally, representing a huge savings for AOBA members, the legislation reduces a previously sky-high alternative compliance fee (ACF) for solar energy.
On July 1, the DC Council voted unanimously in favor of Councilmember Mary Cheh’s (D-Ward 3) comprehensive energy bill, Bill 17-492, the “Clean and Affordable Energy Act of 2008.” The bill will likely receive a final reading on either July 15 or Sept. 16. AOBA continues to work closely with the Council on all aspects of the bill and will keep members posted. Read more details in July At Issue – DC.
On June 25, AOBA testified as to concerns with a bill to impose a $25 monthly tax on employer provided parking spaces. The bill currently appears to exempt those parking spaces which generate sales and use taxes, which should cover most spaces in AOBA members’ buildings. However, there is some uncertainty on this point, and AOBA recommended that the Council clarify the extent of the exemption if it is going to enact the bill.
DC Water and Sewer Authority (WASA) rate increases for FY2009 that will be effective October 1, 2008 will not include the proposed impervious surface area charge. Largely due to AOBA’s advocacy efforts, WASA’s Board has delayed the effective date for this charge until April 2009, and will first hold separate hearings on it in early 2009. AOBA members should still expect to see an increase in their water and sewer rates in October.
A carefully crafted compromise adopted by the Council on May 6 to extend noise protections to commercial areas was undone at the June second reading, despite allegations by some councilmembers of unscrupulous conduct by union advocates. In May, the Council adopted an amendment which set forth specific noise standards for residential and commercial areas. However, any applicability of restrictions to noise made in commercial areas was removed at the June 3 final reading. During the discussion, Chairman Gray and Councilmember Barry supported the amendment, but also chastised union advocates for unfairly targeting Councilmembers Kwame Brown and Yvette Alexander, both long-standing supporters of labor, with radio ads, fliers, and picketing prior to the June 3 final vote.
On June 3, the Council gave final adoption to Bill 17-86, the “Nuisance Properties Abatement Reform and Real Property Classification Amendment Act of 2008.” Prior to the final vote, an AOBA-led coalition pressed for a number of amendments to the bill the Council had initially approved last month. We strongly supported inclusion of reasonable authority for the Mayor to grant an exemption from Class 3 status, given the punitive $10 rate that will soon apply, the limited number of specific exemptions in the bill, and history of erroneous classifications by the District government. The Council did ultimately grant Mayoral exemption authority that can be exercised in extraordinary circumstances and upon a showing of undue hardship. Some, but not all of the other amendments sought were passed, as well.
Efforts by AOBA and other business groups concerned about the “Clean and Affordable Energy Act of 2008” have momentarily resulted in slowing down the fast track that prime mover Mary Cheh (D-Ward 4) had sought for it. She removed a number of provisions, notably the AOBA-advanced submetering provisions, in order to secure the necessary votes to move the bill out of committee. Stakeholders, public and private, however, continue to have concerns about the revised bill. An AOBA and Pepco-led coalition argued to Chairman Vincent C. Gray (D-At Large) and other councilmembers that they deserved sufficient time to review the 30-page bill in order to understand its impact on their constituents. Cheh ultimately pulled the bill from the June 3 legislative agenda and it will now proceed on the regular legislative schedule, coming before the Council on July 1 and 15.
As members with properties in the CBD and elsewhere downtown know, there have been no limits on 'noncommercial free speech' since a court ruling several years ago, and it's been a field day for union demonstrators to saxophone players ever since. The Council has finally faced the issue again, hotly debating, then passing a bill that sets a 70-decibel limit for residential-zoned areas, but a higher threshold of 80 decibels for non-residential areas. Stay tuned, however-- this was only the first reading on the bill, and there will undoubtedly be forces at work, between now and the June second reading, attempting to reverse the vote or weaken it further.
