Evening star., 1945-07-06
Effort Renewed
ToForce FPHA
To0beyCode
Lincoln Park Housing
Case Is Token to
Clark by City Heads
By CAMBRIDGE CRIST.


ment is being constructed "in
violation of existing law" the
Commissioners today appealed to
Attorney General Tom c. Clark
to urge the Federal public houS-
ing administrator to comply with
the District zoning and building
requirements.
A similar plea was sent to former
Attorney General Francis Biddle on
April 10 by the Commissioners, but
no action was forthcoming and the
Commissioners decided to renew
their appeal.
The 440-dwelling units of the de-
velopment are being constructed on
Thirtieth street, between Washing
ton place and Fitch place NE. by
the National Capital Housing Au-
thority. acting as agents for the
FPHA.
Hesitates to Act.
The Commissioners letter said:
90 In view of the findings
of the President and of the. Federal
prblic housing administrator that
these housing accommodations are
urgently needed, the Commissioners
hesitate either to institute criminal
proceedings against the individuals
who may be responsible for the con-
struction work at this project or
to seek an injunction restraining the
erection until the covenant has
been furnished. But the Commis-
sioners are charged with the re-
sponsibility of enforcing these laws
of the District of Columbia"
Inclosing the letter originally sent
to Mr. Biddle, the Commissioners
told Mr.. Clark:
"InaSmuch as this construction
is going on and, in our judgment,
is in violation of existing law, we
should appreciate advice as to what
action you have taken in the prem
lSes."
Covenant Necessary.
The National Capital Housing Au-
thority last year received from the
Board of Zoning Adjustment per-
mission to erect groups of buildings
with division walls without con-
sidering each section as a separate
building for purposes of figuring
yard areas and other zoning re-
quirements.
An application for a building per-
NIT was made, but in such cases a
covenant is required granting per-
mission for one common sewer, COM
mon water service, and common
set of electrical conductors in the
building with division walls, so long
as all the buildings in the group
remain in single ownership.
When the NCHA prepared and
submitted the usual covenant form, |
the FPHA objected, claiming that
it was not legally required to furnish
such a covenant and that 1t had no
to enter into one. Fruit
less discussions continued and last
March 80 the NCHA wrote the Com
that 1t had been in
structed by the FPHA to withdraw
the application for building per-
NIT, adding:
THE Federal Public Housing
Authority, as owner, also instructed
us to inform you that in accordance
with law it will construct these
through NCHA as its
agent, without a permit and asks
that we send you statement of
why the requirement for a covenant
is not considered applicable in this
instance"
The Commissioners then referred
the matter to Corporation Counsel
Richmond B. Keech, who advised
the Commissioners that the con-
struction in question "is not i'm
mune from the existing District
regulations, particularly that a
covenant be furnished in the form
specified in the building CODE
Mr.. Keech denied the contention
of Federal authorities that the
property was exempt from building
regulations because it involved pub
lie buildings or premises owned by
the United States" He pointed out
that when the buildings are COM
pleted they will not be public
buildings or premises"