Photo by KCIvey.

In 2006, the DC Council and Zoning Commission passed rules to implement inclusionary zoning. This policy gives developers a density bonus in exchange for a requirement to provide a small amount of housing below market rate. Then-Councilmember Adrian Fenty was a big proponent of IZ, but since becoming Mayor, has dragged his feet on implementing the program. In the meantime, several development projects have gained approval without IZ, depriving our neighborhoods of needed housing for couples and families that don’t make two law-firm incomes.

The DC Council has passed several resolutions insisting the Mayor implement the law. Most recently, they demanded final regulations be published for the required comment period by February 6th, 2009. It’s 41 days later, and still no regulations.

How long will the Mayor’s office keep ignoring the legally binding, repeatedly reemphasized will of the DC Council? What does it take to actually get the Mayor to follow the law? In our democratic system, legislators make laws, and the executive implements them. Inclusionary zoning is the law. Even when they think a law is wrong, the executive doesn’t have the right to ignore it. That dangerous philosophy went out the door with George W. Bush.

Besides, this is a good law. We need housing programs in DC to ensure our neighborhoods don’t all become like central Manhattan or Paris, where the only residents are either very wealthy or young enough to be able to live in tiny studio apartments. Healthy neighborhoods need a mix of housing types and income levels. We need small studios and three bedroom apartments or townhouses for families. And we need to enable the teachers, the nonprofit employees, the mechanics, baristas, retail clerks, hairdressers and police officers to live in our communities and near the workplaces where they provide our necessary services.

Plus, DC’s inclusionary zoning doesn’t even impose very strong requirements. For new housing, only 8-10% of the housing will have to be “affordable”, and even those units can rent or sell for 50-80% of the Area Median Income, with most at 80%. 80% of AMI is still a lot — about $70,000 anually for a family of 3. There are thousands of families on waiting lists for housing at much more affordable rates, especially below half the regional median income of $44,000 for families of 3. Arlington’s IZ law sets much stricter affordability standards. Implementing this law won’t break developers’ backs.

We can’t satisfy all the possible demand. There just aren’t enough walkable neighborhoods in our area for that. But we can at least help ensure a healthy mix in our existing neighborhoods. If we don’t, in the not too distant future, everyone not rich enough to live in the center city will drive two hours a day from West Virginia.

The Mayor should publish final regulations as soon as possible. Until they do, we’ve set up a counter on the right sidebar. Will it have to reach 60 before the administration complies with the law and publishes the regulations? 75? 100?

David Alpert created Greater Greater Washington in 2008 and was its executive director until 2020. He formerly worked in tech and has lived in the Boston, San Francisco Bay, and New York metro areas in addition to Washington, DC. He lives with his wife and two children in Dupont Circle.