[HistoricWashingtonDC] AG Schwalb Embraces Role of Community Advocate, Battles Mayor’s New Limits on Public Engagement

 

A few years ago, DC Attorney General Karl Racine, whose office counsels the government, established an office to represent the public interest in matters like housing development. New Attorney General Brian Schwalb continues this role, remarking at a public appearance recently that “it is a delicate balance to represent both when the two positions are in conflict.” At a hearing of the Zoning Commission on June 12, we saw this dynamic in bold relief as he opposed the Mayor’s new rules to restrict public engagement in the critical area of housing development (ZC Case 22-25).

 

At the June 12 hearing, Assistant Attorney General Lily Bullitt from OAG’s Equitable Land Use Section proposed ways to enhance community engagement, for example in notice requirements and in stretching the time for community response. The Commissioners’ initial response was dismissive. The hearing record is now closed until the Commission issues a decision on June 29, when a Notice of Proposed Rulemaking will begin a 30-day public comment period.  We shall see what happens, but at least a voice for change has been expressed by a government office where change is long overdue.

 

At the time of his election in November, some wondered whether Schwalb would continue the role of community advocate. At a recent meeting of the Ward 3 Dems in Tenleytown, Schwalb said, “I fear our city is becoming one of haves and have-nots.” In the critical areas of affordable housing, displacement, and public participation, Schwalb confessed his developer friends and former clients say, “It’s totally outside your lane, Brian.” He paused and affirmed, “I hate that term. We’re going to continue to be in that space.”

 

Schwalb gives a welcome lift to a generation of stalwart community activists whose opposition to luxury developments the Zoning Commission has routinely brushed aside.  They are to be commended for what so far has been a losing battle.

 

Indeed, the last census shows that over the past decade the Black population in DC has declined by 20,000, displaced by the rising cost of housing. See the DC Office of Planning web page (https://planning.dc.gov/publication/2020-census-information-and-data) where Table 11 shows the city lost 19,315 or 6.3% of its Black population from 2010 to 2020.

 

Despite Mayor Bowser’s ambitious goals for affordable housing, developers are inclined to build market rate luxury housing, making the Mayor’s goal seem unattainable. At the crux of the process is the Zoning Commission which has approved development projects over community objections for a quarter century as teachers, police officers, health care workers and retail clerks were driven from the city they serve.

 

Now aided by the OAG, community activists must not relent. As Schwalb explains, the OAG’s hand is strengthened by an articulate, engaged community. Community activists must improve communications among themselves to plan a strategy going forward.

 

Nick DelleDonne

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