D.C. Attorney General Karl Racine wants to take a swing at housing policy.

That’s according to an announcement Thursday that his office is charting a new course into affordable housing advocacy, with big plans to influence land use decisions made by D.C.’s Zoning Commission and Board of Zoning Adjustment.

Previously, the Office of the Attorney General served as legal counsel to both, so it couldn’t push policies on the independent, quasi-judicial bodies, which oversee zoning decisions in the District. But language in D.C.’s latest budget puts the Office of Zoning in charge of providing that counsel, freeing up the attorney general’s office to flex its advocacy muscles on housing matters, according to OAG.

“My office has always had tremendous expertise in complex issues of zoning and land use, and I’m proud that we are now using this knowledge to level the playing field between wealthy developers and long-term residents,” Racine said in a statement. “We will use this authority to advance racial equity, environmental justice, and most importantly, as reflected by today’s actions, housing affordability for long-term District residents.”

D.C.’s Zoning Commission adopts and amends zoning regulations citywide, in addition to hearing Planned Unit Development cases, which provide residents an opportunity to weigh in on large-scale development proposals. The Board of Zoning Adjustment hears cases from individuals seeking exemptions from zoning rules.

Racine says his office has already begun urging the Zoning Commission to tweak land use policies that affect affordable housing — particularly the city’s Inclusionary Zoning regulations, which require developers to dedicate at least 8% of new, larger residential projects to affordable homes.

OAG is proposing a text amendment that would require D.C.’s inclusionary zoning policy to reach more extremely low-income residents. Another proposal would apply inclusionary zoning requirements in downtown neighborhoods that have been exempt from the policy since the commission established it in 2006. The attorney general is also petitioning the commission to exempt affordable housing units from minimum parking requirements, which drive up development costs; and to stiffen requirements for developers seeking to meet inclusionary zoning requirements by building affordable units elsewhere, usually to decrease costs.

Racine’s office recently sent a letter to the city’s advisory neighborhood commissions informing them of its transition into housing advocacy and offering its support to commissions dealing with complex land use issues, including negotiations with developers.

“The Land Use Section views itself as a resource for residents of the District and encourages your ANC to contact us with any questions, concerns, or issues related to zoning, land use, and development that you would like to see addressed,” the letter said.

Some ANC commissioners greeted that news excitedly on social media, suggesting OAG could help them negotiate with development firms over community benefits in new residential projects. The Planned Unit Development process can be skewed toward developers, who are typically represented by attorneys well versed in zoning regulations. That power imbalance can prevent community members from seeking the best possible deal in negotiations with development firms, according to OAG.

But OAG’s announcement prompted a tepid reaction from the Coalition for Smarter Growth, a nonprofit that has pushed the Zoning Commission to craft more housing-friendly regulations with an eye toward the financial realities of building homes on D.C.’s expensive land. The group’s policy director, Cheryl Cort, says stiffening the requirements on developers can only accomplish so much.

“The Zoning Commission has been aggressively pursuing expansion of how Inclusionary Zoning can apply in more cases. So we support that. But there are limits to what zoning can do to pay for affordable housing, and most especially deeply affordable housing. That’s where we need a lot more money,” says Cheryl Cort, the nonprofit’s policy director.

Cort adds that many developers have already shied away from the Planned Unit Development process because they provide residents an opportunity to challenge projects in court.

“No amount of incentives or requirements is necessarily going to overcome this fundamental problem of fear of lawsuits,” the policy director says.

Tom Quinn, a commissioner with ANC 3E in Upper Northwest, agrees. He says the Attorney General would make more progress on affordable housing development if he focused his energy on discouraging anti-development litigation that has frozen hundreds of housing units in the development pipeline.

“He’s the AG. Should he not limit his activism/advocacy to the appeals process and administrative costs to development, which is in his wheelhouse?” Quinn says. “Perhaps he can work on some different rules to raise the bar for these frivolous appeals, which are a real stumbling block to new housing.”

Racine’s office has earned a reputation as being tough on landlords who mistreat or take advantage of vulnerable tenants.  Most recently, he announced settlements in three lawsuits against real estate companies and representatives accused of discriminating against low-income housing voucher holders. In 2020, the attorney general settled a dispute with D.C.’s Housing Authority over unsafe conditions at 10 of its properties.

D.C.’s Zoning Commission is required to uphold zoning codes in accordance with the Comprehensive Plan, which was updated this year after a long and contentious amendment process. The newest version of the plan emphasizes rolling back decades of racist housing policy through land use regulations and support for affordable housing. Because the Attorney General is tasked with enforcing D.C. law, its jurisdiction also includes upholding language in the Comprehensive Plan, in addition to advocating for the public interest.

Protecting and creating more affordable housing falls squarely in the public interest, according to OAG.

“The District has grown dramatically over the last several years with significant benefits, but too often, this growth has hurt and pushed out long-term and low-income residents,” Racine said in a statement. “As the first elected attorney general I’ve leaned into our public interest mission, and have worked to stand up for those who have been left behind by this growth.”

Racine, whose second term ends in 2022, says he does not plan to run for a third term. He toyed with the idea of running for D.C. mayor, but has since abandoned those plans. Vying to take his place as D.C.’s top lawyer are Ryan Jones, an attorney and political newcomer; current Ward 5 Councilmember Kenyan McDuffie; and attorney Bruce Spiva.

This story was updated to include a quote from ANC commissioner Tom Quinn.