Code of the District of Columbia

§ 6–1041.09. Annual reports.

(a) Beginning on the first anniversary of March 14, 2007, and each year thereafter, the Mayor shall submit a report to the Council and the Zoning Commission, providing:

(1) The number of inclusionary units produced at each targeted income level;

(2) The number of inclusionary units produced for sale;

(3) The number of inclusionary units produced for rent;

(4) The median income of the households that purchased or rented inclusionary units;

(5) The number of inclusionary units purchased or rented by DCHA, other District agency, and 3rd parties, for resale to eligible households;

(6) The value of the subsidy, if any, contributed toward the rental or purchase of units by DCHA, other District agency, or 3rd party to make them affordable to eligible households;

(7) The average rent and sales prices for inclusionary units based on number of bedrooms;

(8) The numbers of waivers or alternative compliance requested and granted;

(9) An analysis of how much bonus density was actually achieved for each development in which inclusionary units were required; and

(10) An assessment of whether the Inclusionary Zoning Program has had any adverse effect on the production of housing or on the value of land in the District, and, if a substantial adverse effect on housing production has been found, whether additional regulatory or legislative incentives or programs should be adopted by the District to mitigate against such adverse effect, and whether changes in the Inclusionary Zoning Program should be considered by the Zoning Commission, such as:

(A) Increasing the allowable bonus density or height of developments where inclusionary units are required;

(B) Increasing the minimum threshold of the number of housing units in a development that triggers the application of the Inclusionary Zoning Program;

(C) Reducing the amount of required affordable housing;

(D) Reducing the minimum set-aside requirements on matter-of-right densities; or

(E) Changing the income levels of the targeted households for inclusionary units.

(b)(1) No later than 5 1/2 years after March 14, 2007, the Mayor shall submit a report to the Council that lists the initial purchase price of each inclusionary unit sold during the 5-year period subsequent to March 14, 2007, and, for each unit resold, the percentage by which the purchase price exceeded the previous purchase price.

(2) The report shall also include a recommendation on how best to ensure a baseline rate of return for inclusionary unit owners upon resale while maintaining the continued affordability inclusionary units.


(Mar. 14, 2007, D.C. Law 16-275, § 109, 54 DCR 880; Sept. 23, 2017, D.C. Law 22-24, § 2(e), 64 DCR 7647.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(e) of Inclusionary Zoning Consistency Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-148, Oct. 10, 2017, 64 DCR 10447).

For retroactive applicability of D.C. Act 22-76, see § 6 of D.C. Act 22-76.

For temporary (90 days) amendment of this section, see § 2(e) of Inclusionary Zoning Consistency Emergency Amendment Act of 2017 (D.C. Act 22-76, June 13, 2017, 64 DCR 6082).

Editor's Notes

Section 6 of D.C. Law 22-24 provided that Law 22-24 "shall apply as of June 5, 2017, which is the effective date of the amendments to the inclusionary zoning regulations, set forth at Chapter 10 of Title 11-C of the District of Columbia Municipal Regulations, that were promulgated by the Zoning Commission for the District of Columbia on October 17, 2016 in its Notice of Final Rulemaking and Zoning Commission Order No. 04-33G (63 DCR 15404)."