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B26-0008 • 2025

Housing Capacity Preservation Amendment Act of 2025

Housing Capacity Preservation Amendment Act of 2025

Housing Land
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Nadeau
Last action
2025-01-10
Official status
Under Council Review
Effective date
Not listed

Plain English Breakdown

The bill is currently under Council Review and has not yet taken effect.

Housing Capacity Preservation Amendment Act of 2025

This bill changes historic preservation rules to stop officials from reducing housing units or building density below what zoning laws allow.

What This Bill Does

  • Amends the Historic Landmark and Historic District Protection Act of 1978.
  • Removes the word 'height' from a specific definition in Section 3(4) of that act.
  • Adds a rule stating historic review cannot force a reduction in floor area ratio, residential square footage, or dwelling unit density below zoning limits.
  • Prevents decisions based on incompatibility from lowering housing capacity below what is permitted by the Zoning Commission or Board of Zoning Adjustment.

Who It Names or Affects

  • The Historic Preservation Review Board
  • Developers proposing new construction in historic districts
  • Properties subject to zoning laws and historic landmark rules

Terms To Know

Floor area ratio
A measure of how much building space is allowed on a piece of land.
Dwelling unit density
The number of homes or apartments that can be built in a specific area.
Matter-of-right
A permission granted automatically by zoning rules without needing special approval.

Limits and Unknowns

  • The bill does not take effect until the Mayor approves it, Congress completes a review period, and it is published in the District of Columbia Register.
  • The text defines limits on historic reviews but does not specify how many projects will be impacted.

Bill History

  1. 2025-01-10 Council of the District of Columbia LIMS

    Notice of Intent to Act on B26-0008 Published in the District of Columbia Register

  2. 2025-01-07 Council of the District of Columbia LIMS

    Referred to Committee of the Whole

  3. 2025-01-03 Council of the District of Columbia LIMS

    B26-0008 Introduced by Councilmember Nadeau at Office of the Secretary

Official Summary Text

Housing Capacity Preservation Amendment Act of 2025

Current Bill Text

Read the full stored bill text 
_____________________________
Councilmember Anita Bonds
_____________________________
Councilmember Brianne K. Nadeau
_____________________________
Councilmember Christina Henderson
_____________________________
Councilmember Kenyan R. McDuffie

1

A BILL

_________________________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

_________________________

To amend the Historic Landmark and Historic District Protection Act of 1978 to clarify that 1
review of new construction by the Historic Preservation Review Board shall not result in 2
the reduction of housing units or density below what is permitted under zoning. 3
4
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 5
act may be cited as the “Housing Capacity Preservation Amendment Act of 2025”. 6
Sec. 2. Section 7 of the Historic Landmark and Historic District Protection Act of 1978, 7
effective March 3, 1979 (D.C. Law 2-144; D.C. Official Code § 6-1101 et seq.) is amended as 8
follows: 9
(a) Section 3(4) (D.C. Official Code § 6-1102(4)) is amended by striking the phrase 10
“height,”. 11
Section 7 (D.C. Official Code § 6-1107) is amended by adding a new subsection (g) to 12
read as follows: 13

2
“(g) A finding of incompatibility pursuant to subsection (f) of this section shall not be 14
based on a finding that would necessitate a reduction of the floor area ratio, residential square 15
footage, or dwelling unit density, as those terms are defined in 11 DCMR § B100 et seq., below 16
what is permitted matter-of-right in the zone district of the subject property, or the floor area 17
ratio or dwelling unit density granted by the Zoning Commission or Board of Zoning 18
Adjustment.”. 19
Sec. 3. Fiscal impact statement. 20
The Council adopts the fiscal impact statement in the committee report as the fiscal 21
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 22
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 23
Sec. 4. Effective date. 24
This act shall take effect after approval by the Mayor (or in the event of veto by the 25
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 26
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 27
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 28
Columbia Register. 29