Tuesday, January 23, 2018

McMillan segregation case -- Wednesday, 01-24-2018

From: WARD5@yahoogroups.com [mailto:WARD5@yahoogroups.com]
Sent: Tuesday, January 23, 2018 5:03 PM
To: friends-of-mcmillan-park@googlegroups.com; Ward 5 Yahoo Group ; ward5alliance@gmail.com; ward5dc@yahoogroups.com; woodridgesouth@yahoogroups.com; WardOneDC@yahoogroups.com; AdamsMorgan@yahoogroups.com; columbiaheightsdc@yahoogroups.com
Cc: Yahoogroups ; HistoricWashington@yahoogroups.com; Bertha Holliday
Subject: [WARD5] [update] McMillan Segregation Case:: After 10AM TMRW

The McMillan Segregation Case has recently been scheduled THIRD among the cases tomorrow, Wednesday, January 24, 2018 after 10AM.

Wednesday, January 24th
Be at the Courthouse after 10AM.Judiciary Sq. (redline)
430 E Street NW, WDC
Judiciary Sq. (redline)

---here's a note from Dr. Holliday---

Dear Friends, Officials, Neighbors and Others,

As many of you know, I have filed an appeal with the DC Court of Appeals of the DC Zoning Commission's Final Order 13-14B approving the proposed Parcel 4 building at the McMillan development site (North Capitol St. & Michigan Avenue, NW). This building consists of a ground floor grocery, senior affordable apartments, and market-rate housing. Excerpts of a brief presentation I made about the building and its segregated housing units is available on YouTube at https://www.youtube.com/watch?v=hMM4JbWMeTM

My appreciation to Chris Otten for shooting and posting this video.
The appeal will be heard by the Appeals Court and oral arguments presented on Wednesday, January 24. And I wanted you to be aware of the legal basis of the appeal and its importance.

According to the U.S Department of Housing and Urban Development, approximately 90% of DC residents in HUD administered programs are African American. Consequently, when a developer proposes a single building in which Seniors with incomes of 50% to 60% AMI are physically separated from market-rate tenants (through use of separate entrances, lobbies, elevators, living units, and roof-top mechanical ventilation systems), one can reasonably predict that building will be not only socially-economically segregated, but also racially segregated. This is the case of the proposed Parcel 4 building at the McMillan development in Bloomingdale.
Nevertheless, the DC Zoning Commission (ZC) has approved this building's compliance with DC Zoning and Comprehensive Plan regulations, despite ZC's failure to consider the building's compliance with Federal and DC Fair Housing and anti-discrimination regulations. ZC claims the proposed building's configuration is necessitated by federal law in the form of the Housing for Older Peoples Act (HOPA) of 1995 (an amendment to the Fair Housing Act), which clarified criteria of 'senior housing units and communities', eliminated requirements to provide services to senior residents in such units/communities, and exempted senior housing from Fair Housing anti-discrimination requirements related only to 'familial status' (i.e., households in senior housing cannot include minors). More troubling is ZC's approval of a segregated building configuration despite the HUD 1999 regulations related to HOPA that explicitly state "for purposes of [ HOPA]... a portion or portions of a single building shall not constitute a housing facility or community". In regard to this language, my attorney, Nathan S. Manmen of Kirkland & Ellis LLP, notes: "The HUD regulation is a bright line. The Intervenor [Jair Lynch Development Partners on behalf of Vision McMillan Partners] wants to make it murky".
There are a few other buildings in DC that have been built or are under construction with similar segregated/separated configurations that were NOT legally challenged. Thus if the proposed Parcel 4 configuration challenge is unsuccessful, it is likely that such configuration, which serves to reduce development costs and profit the developer, will become the new template for senior housing in DC. This will be a step back towards DC's past of racial housing covenants and discriminatory mortgage lending, appraisal and realtor practices, and redlining in service of housing segregation and its related myth-making.
DC Senior citizens, their advocates, Bloomingdale residents, and interested others are encouraged to attend the oral arguments and witness the law, the court, and your DC government in action!
9:30 AM
Case No.16-AA-0948
(Holliday vs DC Zoning Commission)

Please mark you calendar and try to attend the oral arguments​, and share this information with others. And please feel free to contact me should you have additional questions.
Bertha Holliday, Commissioner, ANC 5E07

Bertha Holliday, PhD
Independent Consultant
Diversity assessment, planning, implementation & evaluation

Commissioner, ANC 5E07
Washington, DC

2nd Vice President
Co- Director, Bloomingdale Village Square Project
Chair, Bloomingdale Biennial House Tour
Bloomingdale Civic Association

Fellow, American Psychological Association​ ​

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