DC At Issue - May 2022
Multifamily/Commercial
AOBA-Coordinated Opposition Leads Construction Codes Coordinating Board (CCCB) to Delay Vote on Electrification Measure
After months of delays, the Construction Codes Coordinating Board (CCCB) finally scheduled a vote on a group of six changes to the residential section of the Construction Code. As proposed, the code changes would prohibit the use of any non-electric appliances, furnaces, boilers, chillers, etc. in newly constructed buildings below four stories. Additionally, it would require the use of all-electric appliances for any additions to existing buildings of less than four stories or substantial remodels that lead to a change in usage. While this set of measures was posed by the Residential Technical Advisory Group (TAG), the proposal covers all buildings below four stories, no matter the use.
Initially, AOBA and a group of industry partners including the D.C. Building Industry Association (DCBIA), the Associated Builders and Contractors of Metropolitan Washington (ABC Metro Washington), the Independent Electrical Contractors (IEC Chesapeake) and Washington Gas spent months attempting to work with the TAG to amend the proposal to make it more amenable to the industry. Unfortunately, members of the TAG were not moved by the arguments made by the industry. In response, AOBA launched a coordinated lobbying effort bolstered by a Phone2Action campaign that led to CCCB members and DCRA representatives each receiving nearly 50 emails in opposition. Following the effort, the chair of the CCCB announced that she was pulling the vote to allow members of the Board to work amongst themselves and with industry partners to answer questions and make the recommended changes.
MEMBER ACTION: Upon receiving updated information from the Residential TAG, the CCCB is again scheduled to take a vote on the issue at its May meeting. Members are asked to keep an eye out for the upcoming Phone2Action campaign to contact the members of the body to oppose the effort. In the meantime, members with questions may contact Eric J. Jones, MSF – VP of Government Affairs, DC – Commercial.
DOEE Publishes Building Energy Performance Standards (BEPS) Compliance & Enforcement Guidebook for Compliance Cycle 1
On April 15, the D.C. Department of Energy and Environment (DOEE) published the Compliance and Enforcement Guidebook for BEPS Compliance Cycle 1. The Guidebook contains policies, procedures, and examples to assist building owners in complying with the Clean Energy D.C. Act and the rulemaking implementing the BEPS Compliance Regulations.
2022 Election Update
The D.C. Board of Elections has ruled that the Honorable Kenyan R. McDuffie, the leading candidate for Attorney General, did not meet the statutory requirements for the position and is therefore ineligible to run in the election. The ruling came in response to a challenge filed by an opposing candidate, Bruce Spiva. At the time, McDuffie was one of four candidates in the Democratic primary to replace outgoing Attorney General Karl Racine, who had previously announced that he would not seek a third term.
Following the challenge, Councilman McDuffie and his campaign team unsuccessfully appealed the decision before the D.C. Court of Appeals, which unanimously agreed that the Board of Elections was correct in its decision. Days later, the Councilman suspended his campaign, leaving three candidates on the ballot: the aforementioned Bruce Spiva, Brian Schwalb, and Ryan Jones. The Primary Election will take place on Tuesday, June 21.
MEMBER ACTION: AOBA’s D.C. Metropolitan Political Action Committee has sent out questionnaires to each of the candidates for Attorney General and will additionally be considering individual interviews with the candidates to inform any potential support or endorsements. Members with questions about the upcoming D.C. Primary Election are asked to contact Eric J. Jones, MSF, VP of Government Affairs, DC – Commercial.
Multifamily
AOBA, DHCD Staff Working Towards Inclusionary Zoning Program Solutions
AOBA members have consistently expressed frustration with how difficult it is to work through the District’s Inclusionary Zoning (IZ) process. The goal of the IZ program is to ensure that qualifying residents have access to housing at an affordable rate and that such access is provided in a timely manner. Unfortunately, the program has been plagued by significant administrative delays.
Earlier this week, AOBA initiated a conversation with Department of Housing and Community Development (DHCD) staff. Staff heard AOBA members' concerns and brainstormed solutions related to a number of issues, including:
- Member difficulty getting IZ units filled (members cited significantly longer time to fill an IZ unit versus a market-rate unit)
- The lottery process consistently falling behind schedule
- The need to simplify the income certification and recertification process for residents
Ultimately, AOBA’s goals for the program are quicker move-ins for residents and less vacant units for member companies. Now that the conversation has started, AOBA is preparing a working document with our top 5 asks for improving the IZ process.
AOBA MEMBER ACTION: If you have experience with the IZ program, please email Katalin Peter, AOBA’s VP of Government Affairs, DC - Multi-Family. AOBA staff will by synthesizing member input to share with DHCD staff and will be following up on the agency’s progress in early Fall.
New Law - Eviction Record Sealing and Fairness in Renting Act
On May 19, the “Eviction Record Sealing Authority and Fairness in Renting Act” is anticipated to be approved by Congress and go into effect immediately. This legislation is a permanent version of many of the temporary measures that were put into place during the pandemic to limit how long eviction records can be accessed by housing providers.
While the emergency legislation went into effect without allowing for public discourse, AOBA waged significant opposition to a number of technical elements of the permanent bill. As a result, the final legislation incorporates several amendments from both housing providers and tenant advocates.
Most notably, the final bill:
- Clarifies that simply receiving information from a credit agency that includes prohibited screening criteria is not a violation if the prohibited information was not specifically requested by the housing provider and is not used as the basis for an adverse action
- Increases the cap on tenant application fees from $35 to $50 and allows annual increases starting in 2024 to account for inflation
- Does not prohibit the use of tenant screening criteria required by the federal government for housing providers
- Includes a definition for what qualifies as a voucher under the law
- Does not apply to commercial tenants in most instances
AOBA MEMBER ACTION: As the Bill is a compilation of a number of temporary and emergency measures by the Council, members are encouraged to read through the entirety of the final legislation. Members are asked to send questions regarding compliance to Katalin Peter, VP of Government Affairs, DC - Multi-Family.