Essential Tree House Documents: DC Government Incompetence, Wrongdoing and Waste on Display

Our legal appeals have been unusual, since DC homeowners seldom take cases of official wrongdoing related to small construction projects to court beyond the DC Office of Administrative Hearings (OAH) level.  Ordinary homeowners tend to have difficulty identifiying abuse of authority in permitting in the context of a zoning scheme that isn't user-friendly, and can seldom afford counsel to preserve five-figure projects.

In the tree house case, court mediation has failed twice in the last two years, at OAH and the DC Court of Appeals.  Simply put, DDOT has not been willing to agree to let our kids fort alone until our girls have grown up enough to tire of playing in it: we have not asked for damages to settle the matter.  We filed a complaint in US District Court under the Federal Computer Fraud and Abuse Act (CFFA), only after DDOT rejected mediation at OAH in 2017, although the lead judge had already lined up a mediator.  

If nothing changes, our appeals could easily drag on for years. The documents below are brimming with black humor for anybody pondering why statehood remains an elusive goal for DC, several decades into the home-grown campaign to achieve it. 

ListofLawyers

See this list of the 7 senior City attorneys tasked with the destruction of the tree house to date. Poor lawyers, they must have real work to do in the public interest, or should anyway.

18-00081 Surreply

Our challenge to DDOT's clumsy attempt to reinvent a permit condition related to staging construction sites and providing workers' parking into a requirement for a mythical but mandatory 2nd permit.

OppositionMemorandumJuly18

We filed this detailed memo explaining why the tree house case belongs in Federal court. The crux of the issue isn't the future of a cute little play fort - abuse of government authority is.

LetCityCouncilPDF

Our letter inviting the members of the Council of DC Committee on Transportation & the Environment to our 2018 July 4th open house, pointing out the grim government waste in the tree house matter.

AmendedComplaintJune18

The Federal suit, pointing up deep-rooted administrative agency dysfunction in small-scale construction permitting. Have we stumbled across a permit hacking ring, or perhaps just a hacking habit?

AppealBriefSept18

Our 2017 appeal of a stop-work-order dating from 2015, which an appellate judge considered illegal in April '18. A 3-jurist appellate panel rejected DDOT's motion to dismiss the case.

Tree House Documents of Interest: 2015-2017

Tree House Plans, Presented to City Permitting Officials

The hand-sketched plan drawings we brought to the permitting center. Our homegrown kids fort is rather basic to warrant the sort of ire it's drawn.

Ellen's Closed "Balcony" Public Space Construction Project Permit, #118910, 11/10/15

The building permit is described as "for 20" projection over rear yard lot boundary on children's play fort/tree house built over owner's street box." Yes, owner's street box, DDOT's language.

Neighbors' Tree House Tear-Down Petition, 1/11/2016

11 SE residents signed this "impact statement" asking ANC 6B to "oppose the permit." Translation: team up with ANC 6B to pretend that a closed building permit never authorized this tree house.

Letter from ANC 6B to the PSC Regarding Tree House Permit, 12/12/15

In this letter, ANC 6B merely notes that DDOT issued the wrong type of projection permit. What were the commissioners hoping to achieve? We have no idea.

The PSC's Strange Letter to the Psychas-Yees After the Decision, 1/28/2016

This Kafka-esque letter provides notification of the rejection of a permit renewal application we never submitted, to build a tree house that's stood for months, no instructions to act included.

Our Petition for Rule-Making for Tree House-Building

In February 2016, we submitted a petition for tree house rule-making pursuant to 2-505(b) of the DC Administrative Procedure Act. Our petition was addressed to the heads of DCRA and DDOT, and the Deputy Director of the Office of Planning responsible for Historic Preservation.  We received a two-line response from DDOT dismissing the petition.  The other agencies--DCRA and HPO--failed to respond.  But tree houses are being built in the District, including in the DC Historic Districts. 

We petitioned to object to the fact that there is no category in the DC Code for what they built, a roofless, 30 SQF play fort nine feet above the ground, and no system for Historic Preservation review of play or tree house plans.  If you're a DC resident wants to promote outdoor play for children, consider asking your city council member to support the creation of a family-friendly legal framework for kids forts.   In recent years, clear tree house zoning rules have been included in urban and suburban municipal codes all around the country, including in this Metro area, e.g. Fairfax and Montgomery County.  Tree house rules  run with the times, given the fast- rising popularity of these structures nationwide.  Witness the runaway success of the Tree House Masters show on Animal Planet and the rise of hundreds of tree house AirBnBs. 

SKM_C554e16020315250

Petition for Tree House Rule-Making to DDOT, DCRA and HPO

Aims of Our Petition for Tree House Rule-Making

1) To raise awareness on the part of the city permitting leadership of the dearth of clear rules and guidelines related to tree house building in the District.

2) To help tree house-buildikng DC families sidestep bureaucratic snarls in trying to secure permits to build legal tree houses, particularly in the DC Historic Districts.

3) To help desk officers at the DDOT (Transportation/Public Space Management), DCRA  (Zoning, Construction), and HPO (Historic Preservation) permitting desks know how to advise home owners and professional tree house builders who come in to city permitting centers seeking advice on planning tree house projects.  

4) To head off damaging neighborhood controversies, like the one we've encountered, that can develop before, during and after a DC family builds a tree house.