§ 1–306.33. Housing linkage policies — Requirements.

The policies established in support of the housing linkage objective are as follows:

(1) Except as provided in § 1-306.41, whenever the Council approves a discretionary and otherwise appropriate street or alley closing which results in the provision of additional commercial office space, or whenever the Zoning Commission approves a discretionary and otherwise appropriate zoning density increase which results in the provision of additional commercial office space, the applicant who obtains the additional commercial office space shall be required to comply with the following housing requirement:

(A) The applicant shall construct or rehabilitate housing that is affordable to low- and moderate- income households in the District, the minimum amount of which shall be calculated by the formula set forth in paragraph (2) of this section, which shall be dedicated to use for affordable housing for no fewer than 20 years, and which shall be developed in accordance with the schedule set forth in § 1-306.43; or

(B) The applicant shall contribute funds, the minimum amount of which shall be calculated by the formula set forth in § 1-306.36, to a housing trust fund in accordance with the schedule set forth in § 1-306.34.

(2) Except as provided in § 1-306.34, if the applicant agrees to construct or rehabilitate the affordable housing, then the total square footage of the affordable housing that the applicant shall be required to construct or rehabilitate shall be as follows:

(A) Not less than 1/4 of the total square footage of the additional commercial office space, if the required affordable housing is located on or adjacent to the site of the additional commercial office space;

(B) Not less than 1/3 of the total square footage of the additional commercial office space, if the required affordable housing is located off or not adjacent to the site of the additional commercial office space, and if the housing is located within the advisory neighborhood commission area where the additional commercial office space is located or within an area designated on an enacted land use map of the Comprehensive Plan as a housing opportunity area; or

(C) Not less than 1/2 of the total square footage of the additional commercial office space, if the required affordable housing is located in any other area of the District.