By Tashi McQueen
AFRO Staff Writer
tmcqueen@afro.com
The D.C. Council revisited two key pieces of legislation during its Oct. 21 additional meeting, tightening the language of the recently passed Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act. The legislation aims to balance the District’s tenant protections with the need to improve housing production amid decline.
The RENTAL Act makes changes to eviction protocols, tenant protections and the Tenant Opportunity to Purchase Act (TOPA), which is credited with helping relieve housing inequity in D.C. TOPA gives tenants the first opportunity to buy the property they live in when the owner decides to sell, allowing them to stay in their homes instead of being displaced by new owners.
TOPA was created in 1980, a time when few new rental units were being built and many rental buildings were being converted into individually owned condos. These conversions often pushed out existing tenants and reduced affordable housing. Since then, TOPA rights in D.C. have expanded in many ways, including allowing tenants to transfer their purchase rights to housing providers, helping units remain available as rental housing.
The council originally passed the RENTAL Act at their Sept. 17 legislative meeting by a 10-3 vote, with an amendment from Councilmember Anita Bonds (D-At Large) that relieves properties with four or less units from TOPA. But during their Oct. 21 legislative meeting, the council decided to revisit Bond’s amendment in response to concerns about it stopping people from acquiring clear ownership of a property when a sale is finalized and the vulnerability of residents.
On Oct. 21, Bonds proposed an amendment to address that concern by allowing title attorneys to ascertain a clear title, but did not roll back the exemptions.
“Today’s amendment provides the necessary clarity,” said Bonds. “District residents who obtain home ownership should not be stifled in their growth or disincentivized to further invest themselves into our city.”
Councilmember Janeese Lewis George (D-Ward 4) spoke and voted against the amendment alongside three of her colleagues. They argued that exempting smaller rental properties from TOPA would weaken tenant protections in the neighborhoods that need them most, given that two- to four-unit rentals are often located in communities of color.
“We know exactly who this change will hurt,” said George. “The working-class neighbors around RFK, specifically in Kingman Park, Lincoln Park, and pockets of Ward 5, 6, and 7, where the land values are about to skyrocket with the development of the stadium, and where displacement pressures are already mounting.”
Councilmember Robert C. White, Jr. (D-At-Large), who voted in favor of the amendment, continued to defend it.
“Exempting the two to four unit buildings from TOPA acknowledges the realities of mom and pop landlords who often rely on rental income to maintain their own homes without undermining the spirit of TOPA and larger multifamily properties,” said White. “It also strikes a balance between protecting tenants rights and ensuring that small property owners, many of whom live on site, aren’t burdened by lengthy and costly processes intended for larger scale landlords.”
In the end, by a 10-3 vote, the council decided to pass the revised RENTAL act which retained Bonds’ amendment within the bill by a 9-4 vote. Landlords with two to four unit buildings will not have to offer their property to current tenants first when they want to sell.