D.C. Mun. Regs. tit. 10-A, § 514
514.1 The District established its commitment to fair housing under the Human Rights Act of 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401 et seq.). This commitment is bolstered by federal regulations, including the Civil Rights Acts of 1964 and 1968, the Americans with Disabilities Act (ADA) of 1990, and the Age Discrimination Act of 1975. Together, these laws prohibit housing discrimination on the basis of race, color, national origin, disability, sex, religion, sexual orientation, age, marital status, personal appearance, gender expression or identity, family responsibilities, political affiliation, family status, matriculation, source of income, place of residence or business, or status as a victim of an intrafamily offense.
514.2 Despite anti-discrimination laws, District residents may still be unfairly denied housing on the basis of the factors listed above. Common forms of discrimination include refusal to rent, steering to particular neighborhoods by real estate agents, setting different terms for the sale or rental of housing (such as higher security deposits for certain groups), advertising to “preferred” groups, denial of loans or imposition of variable loan terms, and the use of threats and intimidation. In addition, voucher holders often have difficulty finding a landlord willing to accept them. The District works to address these challenges through the full enforcement of fair housing laws.
514.3 The requirements of fair housing apply to both the private and public sectors. Local governments are charged with Affirmatively Furthering Fair Housing (AFFH), and the Supreme Court of the United States has determined that public sector actions, such as land use, zoning regulations, and patterns of affordable housing investment, can unfairly limit housing choice, even if the consequences were unintended. For instance, to avoid disparate impacts on protected classes, public sector decisions should provide the opportunity for both multi-family housing and affordable subsidy investment in higher-cost neighborhoods that provide greater opportunity because of access to good jobs, schools, transit, and other services.
514.4 Figure 5.11 displays the allocation of affordable units in the District by Planning Area. It demonstrates that the Far Southeast and Southwest Planning Area has 15,517 affordable units, which represent 31 percent of Washington, DC’s affordable units and 50 percent of the Planning Area’s total units. Similarly, it shows that the Rock Creek West Planning Area has 471 affordable units, which represent one percent of that Planning Area’s total number of units.
514.5 Figure 5.11 Affordable Units by Planning Area in 2017
| Planning Area | Total Units | Percent of Total Units District Wide | Affordable Units | Percent of Affordable Units District Wide | Percent Affordable of Area Units | Affordable Projects |
|---|---|---|---|---|---|---|
| Capitol Hill | 28,163 | 8% | 1,753 | 3% | 6% | 47 |
| Central Washington | 15,897 | 5% | 2,664 | 5% | 17% | 29 |
| Far Northeast and Southeast | 37,527 | 11% | 9,576 | 19% | 26% | 103 |
| Far Southeast and Southwest | 30,738 | 9% | 15,517 | 31% | 50% | 138 |
| Lower Anacostia Waterfront and Near Southwest | 14,115 | 4% | 3,059 | 6% | 22% | 30 |
| Mid-City | 50,184 | 15% | 6,820 | 13% | 14% | 156 |
| Near Northwest | 54,549 | 16% | 4,004 | 8% | 7% | 64 |
| Rock Creek East | 30,568 | 9% | 2,518 | 5% | 8% | 85 |
| Rock Creek West | 48,836 | 14% | 471 | 1% | 1% | 10 |
| Upper Northeast | 32,295 | 9% | 4,489 | 9% | 14% | 75 |
| Total | 342,872 | 100% | 50,871 | 100% | 15% | 737 |
Source: HousingInsights.org, OP.
514.6 Furthering fair housing includes taking action to combat discrimination, overcome patterns of segregation, foster inclusive communities, address significant disparities in housing need, and provide access to opportunity. Historic growth patterns and development reflected in Map 5.1 and Figure 5.11 illustrate the concentrations of affordable housing investment. Since 2006, the District has made great strides, including revising the zoning regulations to facilitate a wider range of housing opportunities, developing the IZ Program, and changing how affordable housing investment decisions are made. However, with residents concentrated along lines of race, ethnicity, and wealth, more needs to be done.
514.7 Policy H-3.2.1: Fair Housing Enforcement Strongly enforce fair housing laws to protect residents from housing discrimination. Provide education, outreach, and referral services for residents regarding their rights as tenants and buyers. Provide education and outreach to landlords, property managers, real estate agents, and others on their obligations when housing is made available.
514.8 Policy H-3.2.2: Compliance by Recipients of District Funds Nondiscrimination and full compliance with the District's fair housing laws shall be required for all housing developers and service providers receiving financial assistance from the District.
514.9 Policy H-3.2.3: Prohibition on Redlining Comprehensive Plan
The practice of “redlining” local neighborhoods shall be prohibited in compliance with the federal Community Investment Act of 1977, which prohibits the practice of redlining local neighborhoods.
514.10 Action H-3.2.A: Cultural Sensitivity Require all District agencies that deal with housing and housing services to be culturally and linguistically competent.
514.11 Action H-3.2.B: Fair Housing Education Undertake a Fair Housing Act education program for all relevant staff persons and public officials so they are familiar with the Act and their responsibilities in its enforcement. Maintain programs that raise the public’s awareness of fair housing rights and responsibilities, including educational events, compliance training, affirmative marketing training, and other outreach efforts that further fair housing and eliminate discrimination.
514.12 Action H-3.2.C: Lending Practices Continue to monitor private sector lending practices for their impact on the stability of neighborhoods, and develop responses if instability is identified.
514.13 Action H-3.2.D: Overcoming Impediments to Fair Housing Develop strategies to overcome impediments and obstacles to the delivery of affordable housing in high-cost areas, such as rapid site acquisition, risk reduction, and expedited project selection and processing.
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996 effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996 effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58 DCR 908 (February 4, 2011)); as amended by Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).