mcmillan zc 13 14b holliday response 2016 03 24

8/19/2019 McMillan ZC 13 14B Holliday Response 2016 03 24

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ATTACHMENT A

EXCERPT FROM MAY 8, 2014 ZONING COMMISSION HEARING TRANSCRIPT

CONCERNING SEPARATION OF MARKET-RATE AND SENIOR AFFORDABLE

HOUSING AND FAIR HOUSING ACT COMPLIANCE


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NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

mi ni mum t hat we=r e used t o seei ng.

MR. WEERS: Yes si r .

COMMI SSI ONER MI LLER: What =s t he

- -

MR. WEERS: LEED Si l ver . Yes si r .

COMMI SSI ONER MI LLER: I s t he

mi ni mum t arget t hat you=r e - - Okay.

MR. WEERS: Yes si r .

COMMI SSI ONER MI LLER: I t hi nk t he

onl y other comment I had was - - I t doesn=t

rel at e di r ect l y, but i t r el at es i ndi rect l y t o

t hi s parcel . I t goes back t o my comment t he

ot her ni ght . But I don=t know i f I even have

any ot her suppor t on t he Commi ss i oners f or

t hi s.

But I =mst i l l concer ned about t he 85

- - I =m not concer ned. I =m ver y happy t hat

t her e ar e 85 af f or dabl e 50- 60 per cent AMI uni t s

bei ng r eser ved i n t he par cel i n t he

mul t i - f ami l y bui l di ng f or seni or s who meet t hat

i ncome cri t er i a.

I amst i l l a l i t t l e bi t concerned.


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And agai n I don=t know i f anybody el se shar es

t hi s. But I t hi nk some t hought shoul d be gi ven

t o i t gi ven t he ot her quest i ons t hat wer e asked

about t he ameni t i es bei ng pr ovi ded i n t hat

sout her n wi ng. I =m concer ned about t hose

af f or dabl e seni or s bei ng segr egat ed f r om t he

r est of t he r esi dent s of t hat mul t i - f ami l y

bui l di ng i ncl udi ng ot her nonel i gi bl e seni or s

who wi l l be pr esumabl y - - who can af f or d t he

cl oser t o wor kf or ce or mar ket r at e rent s.

I r eal i ze t hat t hat wi ng has a

beaut i f ul vi ew of t he communi t y cent er and i s

cl ose t o t he communi t y cent er and t he si x pl us

acr e par k t her e. But I j ust t hi nk t hat some

seni or s, some of t hese af f or dabl e seni or s,

mi ght pr ef er t o be l ocat ed cl oser t o t hi s

heal t hcar e f aci l i t y, t hese of f i ces t hat t hey

mi ght j ust want t o wal k t o. And i t woul d be

easi er t o wal k t o i f t hey wer e i n t he nor t her n

por t i on of Par cel 4 r at her t han t he sout her n.

They al so as I poi nt ed out t he ot her

ni ght woul d be much cl oser t o t he ent r ance t o


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t he gr ocer y st or e whi ch i s at t he nor t her n par t

of Par cel 4 unl ess you=r e goi ng to add another

gr ocer y ent r ance. No. And t hat woul d answer

t he quest i ons about when t he seni ors have t o

t r aver se between t he l oadi ng and t he parki ng

ent r ances t hat t hey=r e bui l di ng t hei r sout her n

wi ng encompasses i f t hey were al l owed j ust t o

be di sper sed.

I f t he 85 uni t s f or af f or dabl e

seni or uni t s wer e di sper sed t hr oughout Par cel

4, I t hi nk i t woul d answer t hat quest i on. They

woul d al so be near by t hese wonderf ul heal i ng

gar dens and par k and t he communi t y space t hat

you=r e proposi ng as wel l . They may be mor e

l i kel y t o use t he communi t y meet i ng space t han

wor k out at t he gym. Al t hough we woul d

encour age t hemt o work out at t he gymbecause

we=ve j ust seen a repor t t hat came out t hat

showed peopl e t hat seni or s ar e l i vi ng l onger ,

t hose who ar e worki ng out .

You had somet hi ng t o say, Ms.

Cor bet t .


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MS. CORBETT: Can I r espond,

Commi ssi oner ? My name i s Anne Cor bet t . I =m

Pr oj ect Di r ect or f or Vi si on McMi l l an Par t ner s.

Si nce t hi s i ssue was r ai sed t he ot her ni ght ,

we=ve done a l i t t l e more homework on t hi s.

And i t t ur ns out t hat one of t he mai n

i ssues i s t hei r housi ng pol i cy. I f we creat e

af f or dabl e uni t s t hat ar e dedi cat ed t o an

age- r est r i ct ed cohor t of 55 and ol der we have

t o cr eat e a separ at e bui l di ng f or t hem.

I f we wer e to i nt egr at e t hose

af f or dabl e uni t s t hr oughout t he bui l di ng, t hen

we coul d no l onger r est r i ct t hose uni t s t o t hat

age cohor t . Does that make sense?

COMMI SSI ONER MI LLER: That makes

sense. I f you coul d submi t t he Fai r Housi ng

st at ut e or r egul at i on t hat i s r equi r i ng t hi s

ki nd of segr egat i on.

MS. CORBETT: Cer t ai nl y.

CHAI RMAN HOOD: I s t hat i n t he Fai r

Housi ng Act ?

MS. CORBETT: I t i s. So t he Fai r


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Housi ng Act was i nt ended t o obvi ousl y pr event

a var i et y of cl ass di scr i mi nat i ons. However ,

t hey hel d out pr ovi si ons t o cr eat e seni or

communi t i es. And agai n t hat =s t he onl y way

t hat you can do i t . And we were pl anni ng t o

f ol l ow up wi t h t hose mat er i al s next week.

COMMI SSI ONER MI LLER: And we hear d

t est i mony t he ot her ni ght f r oma seni or i n t he

nei ghbor hood who t al ked about - - who i s at t he

Dunbar Pr oj ect - - t he benef i t s of bei ng i n a

seni or onl y bui l di ng.

So I don=t di scount t hat t her e ar e

ot her benef i t s we=r e goi ng t o get . But I t hi nk

t her e ar e al so benef i t s one coul d get i f you=r e

per mi t t ed t o al l ow t hem t o chose to be cl oser

t o t he gr ocer y st or e and t he heal t hcar e of f i ces

t hat t hey need t o go t o.

MS. CORBETT: Ther e wi l l , i n f act ,

i n t hei r cur r ent l ocat i on be equi di st ant f r om

t he park, communi t y cent er and t he heal t hcare.

So agai n we f el t t hat was ki nd of qui t e per f ect .

However , I =l l al so comment t hat we


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ATTACHMENT B

EXCERPT FROM Z.C. CASE NO. 13-14, EXHIBIT NO. 832 (APPLICANT’S POST-

HEARING SUBMISSION) ADDRESSING SEPARATION OF MARKET-RATE AND

SENIOR AFFORDABLE HOUSING AND FAIR HOUSING ACT COMPLIANCE


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June 23, 2014Page 7

#30662030_v1

6. Multi-Family/Grocery Store (Parcel 4)

The multi-family building on Parcel 4 includes an 85-unit affordable senior apartment

component and 196-unit market-rate component. The senior component comprises a single “bar”of the E-shaped multifamily building. In conformance with the senior housing exemptions that

allow for discrimination based on familial status under the Fair Housing Act, the senior housingcomponent must function independent of the market-rate apartments. Thus a separate lobby,

common and core areas, and amenities have been provided for the senior component. Relevant

sections of the Fair Housing Act are attached as Exhibit K. The senior and market-rate lobbies

have been located next to each other on Quarter Street, close to the intersection with EvartsStreet, which offers centralized proximity to all the McMillan amenities. The location of the

lobbies adjacent to one another allows for the optimal grocery floor plate; a strong, active retail

frontage on the North Service Court; an active Quarter Street frontage with residential lobbies;and allows the senior component to be located in the southernmost “bar” of the multifamily

building.

Locating the senior building to the south affords the senior residents the project's best

views and natural light. They will have close proximity to key amenities in the McMillan

neighborhood including the grocery store (approximately 260 feet to the north); the medical

office (approximately 350 feet to the north); and the park and community center (approximately320 feet to the south). Loading, parking, and services to the Parcel 4 building have been

relocated to Evarts Street, thus maintaining a pleasant and safe pedestrian environment on

Quarter Street for senior residents to easily access these neighborhood amenities.

Amenities within the senior building, designed to accommodate senior residents, are

likely to include a lobby with concierge desk, fitness center, library and computer lab, and aresident lounge that can accommodate optional meal service. Additionally, at the 2nd floor

(above the grocery store podium), a private landscaped courtyard and garden area will be

provided. With the exception of a small row of private terraces for the market rate building, the

entire south courtyard will be dedicated for exclusive use by the senior residents. Other designconsiderations for the senior residents include accommodating the characteristics of aging that

impact the seniors' relationship with their environment, including hearing and vision impairment,

increased sensitivity to temperature, loss of balance and cognitive impairment.

Additional renderings and updated drawings of the multi-family building, includingground floor plans that improve the pedestrian experience on Quarter Street and the corner,

concentrating curb cuts on Evarts Street, and depict the alternative grocery store layout, areincluded with the supplemental drawings submitted with this letter. The renderings include

depictions of the views from the rowhouses across North Capitol Street both before and aftercompletion of the project.


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6/23/2014 Senior Housing - HUD

http://portal.hud.gov/hudportal/HUD?src=/prog ram_offices/fair_housing_equal_opp/seniors

HUD > Program Offices > Fair Housing > Senior Housing

Senior Housing: What you shouldknow...

As a housing provider:

The Fair Housing Act (FHAct) protects all residents from discrimination on the basis o f race, color,

national origin, religion, sex, handicap or familial status (families w ith children under the age of 18

living with parents or legal guardians; pregnant women and people trying to get custody of children

under 18).

Senior Housing Exemptio n

Although the FHAct was amended in 1988 to prohibit discrimination on the basis of disability and

familial status, Congress intended to preserve housing specifically designed to meet the needs of

senior residents. Housing that meets the FHAct definition of housing for older persons is exempt from

the law's familial status requirements, provided that:

HUD has determined that the dwelling is specifically designed for and occupied by elderly

persons under a Federal, State or local government program or

It is occupied solely by persons who are 62 or older or

It houses at least one person who is 55 o r older in at least 80 pe rcent of the occupied units,

and adheres to a policy that demonstrates intent to house pe rsons who are 55 or older.

Therefore, housing that satisfies the legal definition of senior housing or housing for older persons

described above, can lega lly exclude families w ith children.

The Housing for Older Persons Act of 1995 (HOPA) OMB Approval Number: 2529-0046 (Expiration Date 6/30/2006)

HOPA got rid of initial requirements for significant

services and facilities within designated seniorhousing units or areas.

HOPA QAs

ZONING COMMISSIONDistrict of Columbia

Case No. 13 14

Deleted

ZONING COMMISSION

District of Columbia

Case No. 13 14

Deleted

http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7769.pdfhttp://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7770.pdfhttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ76.104.pdfhttp://portal.hud.gov/hudportal/HUD/program_offices/fair_housing_equal_opphttp://portal.hud.gov/hudportal/HUD/program_officeshttp://portal.hud.gov/hudportal/HUD


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109 STAT. 787P U B LI C L AW 104– 76—DE C. 28, 1995

P ublic Law 104– 76104th Congress

An Act

To amend t he Fa ir Housing Act t o modify th e exemption from certa in familia lstat us discriminat ion prohibit ions gra nted to h ousing for older persons.

Be it enacted by t he Sena te and H ouse of Represent ati ves of th e U ni ted Stat es of Amer ica i n Congr ess assembl ed,

SECTION 1. SHORT TITLE.This Act m a y be cited a s t he ‘‘Housing for Older P ersons

Act of 1995’’.

SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.

Section 807(b)(2)(C) of the Fair Housing Act (42 U.S.C.3607(b)(2)(C)) is amended to read as follows:

‘‘(C) intended and operated for occupancy by persons 55year s of age or older, and—

‘‘(i) at least 80 percent of the occupied units are occu-pied by at least one person who is 55 years of age orolder;

‘‘(ii) the housing facility or community publishes andadheres to policies and procedures that demonstrate theintent required under th is subpar agra ph; and

‘‘(iii) the housing facility or community complies withrules issued by the Secretary for verification of occupancy,which sha l l—

‘‘(I) provide for v erificat ion by r eliable sur veys a ndaf f idavits ; and

‘‘(II) include examples of the types of policies andprocedures relevant to a determination of compliancewith the requirement of clause (ii) . Such surveys andaf f idavits shal l be admissible in administrat ive andjudicial proceedings for the purposes of such verifica-tion.’’.

SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE; DEFENSE AGAINST

CIVIL MONEY DAMAGES.

Section 807(b) of the Fair Housing Act (42 U.S.C. 3607(b))

is amended by adding at the end the fo l lowing new paragraph:‘‘(5)(A) A person shall not be held personally liable for monetary

damages for a violation of this title if such person reasonablyrelied, in good faith, on the application of the exemption underthis subsection relating to housing for older persons.

‘‘(B) For the purposes of this paragraph, a person may onlyshow good faith reliance on the application of the exemption byshowing that—

46 USC 3601note.

Housing forOlder PersonsAct of 1995.

Dec. 28, 1995

[H.R. 660]

VerDate 28-DEC-95 01:02 Jan 04, 1996 Jkt 029139 PO 00076 Frm 00001 Fmt 6580 Sfmt 6581 PUBL76.104 apps06


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109 S TAT. 788 P U B LIC LAW 104– 76—D EC. 28, 1995

LEG ISLATIVE HIS TORY—H.R. 660:

HOU SE REP ORTS: No. 104–91 (Comm. on the J udiciary ).SE NATE RE P ORTS: No. 104– 172 (Comm. on the J udiciary ).CONGRESSIONAL RECORD, Vol. 141 (1995):

Apr. 6, considered and passed House.Dec. 6, considered a nd pa ssed Senat e, amended.Dec. 18, House concurred in Senat e am endment.

Æ

‘‘(i) such person has no actual knowledge that the facilityor community is not, or will not be, eligible for such exemption;a nd

‘‘(ii) th e facility or commu nit y ha s sta ted forma lly, in wr it-ing, that the facility or community complies with the require-ment s for su ch exemption.’’.

Approved December 28, 1995.

mcmillan zc 13 14b holliday response 2016 03 24

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