Steps for making your basement apartment legal in DC

[Anonymous]

Anonymous wrote:Hi All,

I'm writing on this forum because I realize that the OP made a few mistakes on the assumptions of how to implement an Additional Dwelling Unit in Washington DC. I am an architect and I design and document ADUs (aka: basement apartments, granny flats, etc). Below you will find my comments to the OP and how the documentation to DCRA should be. If you need help on this topic don't hesitate to reach out to [e-mail]

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If you work with professionals, the ADU process is NOT cumbersome. Plenty of architects and GC know how to produce the proper documents, that comply with code and satisfy the needs of DCRA and Zoning.

-You don't need special exceptions for ADUs anywhere in the city since the zoning law changed in 2016 and ALL NEIGHBORHOODS (except georgetown) have the right to add ADUs in their properties. Skip this step.

-The only documents you need to provide are the following: a complete building set (architecture, plumbing, electrical, etc) done by a licensed professional (insurance and liability are a thing in the city, lawyers everywhere, right? . The professional will know what goes on the package, it's standard practice for us.

-You don't need to give notice to your neighbors unless you live in a historic district (which is a complicated set of rules, see professional experience above). You only need to contact your neighbors on each side if you are doing structural work on party walls. (I've done this, it's very easy)

-You don't need to contact your ANC if you want to implement an ADU

-You don't need burden of proof at all. Not sure if this was the old law pre-2016 but in the dozen or so ADUs I've permitted, never once I got asked this.

-You must comply with all zoning and building rules. There are hundreads (the building code alone is 1700 pages, and i read them all because architecture license is the best cure for insomnia

-If you want to do an ADU, you are NOT assigned (or required) to do a BZA hearing, you have this by right since 2016.

Finally, reach out to professionals that do this day in and day out (I do!) and organizations that are working to promote ADUs (The coalition for smarter growth)

I hope this clarifies and feel free to reach out if you need any help on this.

Cheers,

Ileana Schinder, Architect
[e-mail]

www.ileanaschinder.com

I am the OP. Perhaps laws changed (although I did my all my paperwork in 2015). I absolutely needed to give notice to my neighbors, and I did not live in a historic neighborhood. I absolutely needed the burden of proof. Everything I posted was what was communicated to me by DCRA and BZA. So I can only assume that there is a bit of an ad hoc nature to the enforcement of code.

As for the apartment sketches, I did not actually need to do professional sketches marking electrical, etc. That may have been because the apartment was pre-existing when I bought the house. I wasn't having an apartment constructed. Truthfully, I don't know. But i know I saved a ton by NOT having to have professional sketches. I was quoted $7,000 for architectural renderings. In the end, I was able to submit the one sheet drawing for the house and saved myself every penny of that. If you do not need the sketches, that's important. Find out whether you can submit something that gives a sense of the size without having to shell out a fortune.

[Anonymous]

Hi OP,

This is ileana, the architect.

The law has changed significantly in 2016. The main change was that the installation of an ADU became a right. This means that all applicable building and zoning rules are already in place to accommodate the project.

About the neighbor's notice, you only need to give notice in these cases (there may be more but it's rare):
-you are performing structural alterations that may affect your neighbors building (such as underpinning foundations)
-you are making site alterations that may affect water drainage on your neighbor's property (such as re grading or excavating)
-you are significantly affecting their access to sunlight

there may be other situations but, unless DCRA sees the potential of affecting the neighbor's property, it's rare that you will need to notify them. Most times all it takes is a quick letter that you can hand deliver along with a set of drawings showing the work that will be done. Most importantly, the neighbor's don't have to agree to anything, all DCRA needs is that you notified them. If you can't do it in person, a notice from the certified mail will do.

Feel free to reach out if you need any information about the design and documentation (and permitting!) of additional dwelling units in the region. I have a lot of experience in the process (some fun, some not so... but mostly very useful!) ready to share with you.

Cheers,

ileana, the architect
[e-mail]
www.ileanaschinder.com

[Anonymous]

Does this apply for Airbnb?

[Anonymous]

Yes it does. I got fined because my neighbor reported me and that got my airbnb listing closed down. I now rent long term and make the same. The biggest mistake was listing on airbnb

[Anonymous]

Anonymous wrote:Hi OP,

This is ileana, the architect.

The law has changed significantly in 2016. The main change was that the installation of an ADU became a right. This means that all applicable building and zoning rules are already in place to accommodate the project.

About the neighbor's notice, you only need to give notice in these cases (there may be more but it's rare):
-you are performing structural alterations that may affect your neighbors building (such as underpinning foundations)
-you are making site alterations that may affect water drainage on your neighbor's property (such as re grading or excavating)
-you are significantly affecting their access to sunlight

there may be other situations but, unless DCRA sees the potential of affecting the neighbor's property, it's rare that you will need to notify them. Most times all it takes is a quick letter that you can hand deliver along with a set of drawings showing the work that will be done. Most importantly, the neighbor's don't have to agree to anything, all DCRA needs is that you notified them. If you can't do it in person, a notice from the certified mail will do.

Feel free to reach out if you need any information about the design and documentation (and permitting!) of additional dwelling units in the region. I have a lot of experience in the process (some fun, some not so... but mostly very useful!) ready to share with you.

Cheers,

ileana, the architect
[e-mail]
www.ileanaschinder.com

A flipper bought the house next door and is doing all three, but provided no notice whatsoever, and the jackhammering and underpinning is making my house shake. What is my recourse with DCRA?

[Anonymous]

That process is insane!

Does anyone besides OP follow these rules? How would they know?

What you did is basically illegal in most counties in Nova, but I know half a dozen people who rent out their basement. Even if someone reports you, building inspectors would need a warrant to enter your house, and I have a hard time believing they will go in front of a judge to get a warrant lol.

[Anonymous]

Hi,
Architect here. In Washington DC NOT following building and zoning rules has serious consequences for the homeowner.
If your building is existing you may never be found out but if you want to obtain a Certificate of Occupancy to lease your space legally, you need to follow the rules.
Also, if you want the property to be appraised fairly (for a loan application) you may want to build to code as well.
Feel free to reach out if you think I can help you understand which rules apply to your particular project.
Cheers
ileana
[e-mail]

[Anonymous]

DC bureaucracy is ridiculous.

[Anonymous]

I really appreciate this forum.

For someone who just wants to rent the extra room in the single family home they live in (OR be prepared to rent the house if they were ever to move away and not want to sell):

It seems steps are
1) Form a DC business: Do people just put this in their own name? form a business with the building address name? What do you do if you and your spouse own the home together?
2) Get a DC Residential Business license as described here: https://dcra.dc.gov/page/rental-housing-business
3) Get an inspection of the house
4) Apply for a certificate of occupancy.

Is this correct? What is the standard way of opening a business to be able to rent in your home?

[Anonymous]

You only need to get that license if you're renting out your whole place if/when you move away. You can rent out your rooms as you'd like.

Anonymous wrote:I really appreciate this forum.

For someone who just wants to rent the extra room in the single family home they live in (OR be prepared to rent the house if they were ever to move away and not want to sell):

It seems steps are
1) Form a DC business: Do people just put this in their own name? form a business with the building address name? What do you do if you and your spouse own the home together?
2) Get a DC Residential Business license as described here: https://dcra.dc.gov/page/rental-housing-business
3) Get an inspection of the house
4) Apply for a certificate of occupancy.

Is this correct? What is the standard way of opening a business to be able to rent in your home?

[Anonymous]

The real estate in the district website says this: A Certificate Of Occupancy does not survive a change of ownership in the District of Columbia. Buyers must reapply for a CofO if they plan to rent the basement or accessory building of their home.

But what if the builder is saying they have applied for a cofa? As a buyer, do I need to go through the process again?

[Anonymous]

So I understand, we have a pinned thread that was well intentioned and written out, but for a process that changed the year after OP’s write up was relevant?
So, now, we have nothing except “seek professional help”?

[Anonymous]

You want to think twice about being a landlord in DC. The laws are draconian and slanted against landlords. If you get a bad tenant, or dishonest and you need to evict, it is nearly impossible to do so. Imagine someone living in your house and your are fighting in court to get rid of them. Not a good idea.

Even renting a room is extremely risky.

If you do decide to rent, you should have about 12 to 24 months of expenses (utilities, mortgage payments etc) in cash, in the bank if the tenant decides he no longer wants to, or no is able to pay.

And the laws of DC will protect tenants who simply decide they have no interest in paying you and just want to live for free. You may have to sue them a dozen times before they finally leave.

Hire a good attorney prior to getting yourself into a hot mess.

[Anonymous]

You don't even need a lease. I heard if someone crashes on your couch for a month and give you a few bucks for expenses etc, Congratulations, in DC you have just gained a tenant for LIFE!!! You will need to go to landlord tenant court to evict him/her if they decide your couch is too comfortable. Same of course goes for a room or an apartment. No lease required, the law guarantees the 'tenant's protection at all times, at the expense of the landlord.

[Anonymous]

Anonymous wrote:You don't even need a lease. I heard if someone crashes on your couch for a month and give you a few bucks for expenses etc, Congratulations, in DC you have just gained a tenant for LIFE!!! You will need to go to landlord tenant court to evict him/her if they decide your couch is too comfortable. Same of course goes for a room or an apartment. No lease required, the law guarantees the 'tenant's protection at all times, at the expense of the landlord.

Just physically throw them out of the house.