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A Subject Matter Summary for "Integrity, Loss of"

dc.creatoren
dc.date.accessioned2015-10-14T21:16:19Zen
dc.date.available2015-10-14T21:16:19Zen
dc.date.created1977en
dc.date.issueden
dc.identifier.urien
dc.description[MD] The District of Columbia Historic Landmark and Historic District Protection Act (the "Act"), D.C. Law No. 2-144, D.C. Code §6-1101 _et seq._, limits the demolition of properties in historic districts only if those properties still contribute to the character of the historic district. {1} If sustained neglect or deterioration cause a structure to lose its historic integrity to such an extent that it no longer contributes to the character of the historic district or to the historic landmark itself, the demolition of the structure does not fall under the protections of the Act. In determining whether an historic property retains sufficient integrity, the Mayor’s Agent will consider public safety and the economic hardship which might be caused by restoration. {2} When an element of an historic landmark or contributing building has deteriorated to such an extent that it is beyond repair, such as in the Vigilant Firehouse case where the bricks in the landmark’s south wall "crumbled to dust in one’s hand," that building element may be considered to not contribute to or enhance the historic character of the landmark or contributing building. {3} In the Vigilant Firehouse case, the Mayor’s Agent was "guided by the fact that the south wall could not contribute to, or enhance, this landmark in such an irreparable condition." {4} Moreover, the demolition of the wall would not mar the other "salient historic qualities of the building." {5} Sometimes developers will assert that deteriorated historic properties lack integrity and should be demolished. The Historic Preservation Office may conduct a site inspection to determine whether character-defining elements can be restored, thus making demolition unwarranted. {6} The Mayor’s Agent will consider applications to raze deteriorating landmarks or contributing buildings in historic districts only with "careful thought and deliberation." {7} In cases subsequent to Vigilant Firehouse, the Mayor’s Agent has been somewhat more reluctant to grant demolition permits to historic properties in deteriorated condition, although in these cases the key issue turned not on whether the property lacked integrity but whether stabilization and rehabilitation would create an economic hardship for the owner. The applicants in these later cases did not contest the Historic Preservation Review Board’s conclusion that the properties maintained sufficient integrity to contribute character to the historic district. {8} As noted above, the question of integrity is intertwined with that of economic hardship, as applicants sometimes seek demolition of a landmark or contributing building in an historic district because they claim that they cannot afford to make necessary renovations or restoration. {9} The Mayor’s Agent may not allow a demolition permit on loss of integrity grounds if the "increased costs for stabilization or rehabilitation are attributable" to the applicant’s "failure to maintain the building" so as to avoid offering an incentive to poor stewardship of historic properties, thus encouraging demolition by neglect. {10} ----- {1} D.C. Code §6-1101(b)(1)(A). _See also_ 1232, 1234, and 1236 New Jersey Avenue, NW (Third Street Church of God), HPA No. 12-023 (Nov. 5, 2012) at 1-2. {2} Integrity is defined in the Regulations as: "Authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s pdriod of significance." 10C DCMR §9901 {3} District of Columbia Preservation League v. District of Columbia Dep’t of Consumer & Regulatory Affairs, 711 A.2d 1273, 1276 (D.C. App. 1998). {4} _Id._ {5} _Id._ {6} Third Street Church of God, HPA No. 12-023 at 2. {7} 1230, 1232, 1234, and 1236 Pleasant Street, SE, HPA Nos. 98-150; 98-151; 98-152; 98-153 (Dec. 18, 1998) at 8. {8} _Id._ at 2. See also House of God, Inc., HPA No. 11-488 (Oct. 19, 2012) at 3. {9} _See, e.g._, House of God, Inc., HPA No. 11-488 at 3. {10} _Id._ -----en
dc.subjectIntegrity, Loss ofen
dc.titleA Subject Matter Summary for "Integrity, Loss of"en
dc.typeArticleen


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