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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NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
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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NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
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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NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
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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NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
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.