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Councilmember Anita Bonds Councilmember Brianne K. Nadeau
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Councilmember Christina Henderson Councilmember Kenyan R. McDuffie
A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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1 To amend the Historic Landmark and Historic District Protection Act of 1978 to clarify that
2 review of new construction by the Historic Preservation Review Board shall not result in
3 the reduction of housing units or density below what is permitted under zoning.
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5 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may
6 be cited as the “Housing Capacity Preservation Amendment Act of 2024”.
7 Sec. 2. Section 7 of the Historic Landmark and Historic District Protection Act of 1978,
8 effective March 3, 1979 (D.C. Law 2-144; D.C. Official Code § 6-1101 et seq.) is amended as
9 follows:
10 (a) Section 3(4) (D.C. Official Code § 6-1102(4)) is amended by striking the phrase
11 “height,”.
12 Section 7 (D.C. Official Code § 6-1107) is amended by adding a new subsection (g) to
13 read as follows:
14 “(g) A finding of incompatibility pursuant to subsection (f) of this section shall not be
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15 based on a finding that would necessitate a reduction of the floor area ratio, residential square
16 footage, or dwelling unit density, as those terms are defined in 11 DCMR § B100 et seq., below
17 what is permitted matter-of-right in the zone district of the subject property, or the floor area
18 ratio or dwelling unit density granted by the Zoning Commission or Board of Zoning
19 Adjustment.”.
20 Sec. 3. Fiscal impact statement.
21 The Council adopts the fiscal impact statement in the committee report as the fiscal
22 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
23 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
24 Sec. 4. Effective date.
25 This act shall take effect after approval by the Mayor (or in the event of veto by the
26 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
27 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
28 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
29 Columbia Register.
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