Mayor’s Order Stops Enforcement of Illegal Commercial Use of Residences

New Jersey Avenue, SE, with the US Capitol at the end of the street, is a prime location for illegal use of residential properties.  Last September, on a community walk of the area with CM Charles Allen, Commissioner Frank Avery said that he and neighbors have identified at least 22 corporate owned properties located on New Jersey Avenue, 1st Street, D Street, and 2nd Street, SE.  See here:  https://bit.ly/45p2pJv  ANC6C submitted a list of 29 residences to DOB in close-in NE which they say are being used for commercial purposes.  Here’s the list:  https://docs.google.com/spreadsheets/d/1IBief7ir5EwNahtjvkTxY6CUc2Y7cq4mV1Ht5XvigNs/edit#gid=0

Mayor’s Order Stops Enforcement of Illegal Commercial Use of Residences

by Larry Janezich

Posted Wednesday, September 4

At a community meeting on June 17^th, Department of Buildings Director Brian Hanlon told CM Charles Allen, ANC6B Commissioner Frank Avery, Commissioner Jerry Sroufe, and some ten concerned community members that DOB had been instructed directly by the city administrator to cease enforcement actions against use of residences for commercial purposes. 

The problem is acute in neighborhoods near the Capitol in both Southeast and Northeast.  Here, corporations, non-profits, and lobbyists use residences for offices and fund raising events, changing the character of the neighborhoods and disrupting the quality of life for neighbors bringing in unwelcome issues like extra traffic, scarce parking, excessive noise, and post-party trash sitting on the curb waiting – sometimes for days – to be picked up.  Zoning laws generally prohibit use of residential properties for commercial purposes.

Asked to comment on Director Hanlon’s statement, CM Allen replied, “I appreciate the candor and honesty from Mr. Hanlon, but I am deeply frustrated that he’s been ordered by the Mayor to stand down and stop enforcement of these illegal uses.  We continue to see residential properties in our neighborhoods snapped up and used for commercial and business uses.  That’s not just eroding the residential character of a neighborhood, but it’s also allowing businesses to cheat the District out of tax revenue.  With these schemes, they pay lower residential property tax and skip out of the required licensing and registration that we ask of every other local business.  It violates the law and it’s simply not fair.  Since the Mayor has ordered her staff not to enforce the law, that leaves neighbors and ANCs to fend for themselves with one hand tied behind their back.  I’ve talked with Commissioners and neighbors about ideas ranging from bringing in the Attorney General or using the Courts, but without enforcement actions from the Mayor’s office, everything will be much harder than it should be.”

The meeting, which was held at 700 Pennsylvania Avenue SE, was organized by ANC6B Commissioner Frank Avery whose single member district lies closest to the Capitol in SE. 

Avery says, “I offered the Director the meeting only after he/the agency failed to adhere to DC law requiring an acknowledgement and response to letters from ANCs 6B an 6C to the agency asking for a response on the issue regarding the multitude of addresses (in violation of the regulations) previously provided, and the director personally committing to assisting. 

It seems the agency, based on Director Hanlon’s address to neighbors, is operating under a misguided view that enforcement of any kind – from voluntary compliance to issuing basic notices of infraction – are a threat to statehood and congressional relations in ‘the current environment.’  This could be true, except many of these complaints and concerns go back years and years, well before the recent concerns about the political environment on the Hill.”

ANC Commissioner Jerry Sroufe reported after the meeting that “there was considerable agitation about the lack of action or even a plan for action, (with Hanlon) being forced to talk much about resources, structures, and processes.  There was also considerable agitation for a community mobilization or legal challenge to the city.”

ANC6B’s Planning and Zoning Committee will discuss the issue at its virtual meeting Thursday night – September 5^th – at 7:00pm.  Here’s a link with info on how to join the meeting: https://anc6b.org/