Housing Investment Protection Act of 2026

MURIEL BOWSER
MAYOR

July 10, 2026

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Enclosed for consideration and adoption by the Council of the District of Columbia is a bill entitled the
“Housing Investment Protection Act of 2026”.

This bill strengthens the District’s housing laws to support tenants, protect housing investments, and
improve the court process. Specifically, the Act will:

• Give the District of Columbia Housing Authority (DCHA) the flexibility necessary to support a
tenant while their unit is repaired or rehabilitated.
• Clarify a housing provider’s right and responsibility to access their units to make repairs.
• Expand the Local Rental Supplement Program for project-based vouchers from 30% to 50%. This
will expand the supply of affordable housing.
• Clarify the definition of “tenant” so it is clear who can assert the right of first refusal under the
Tenant Opportunity to Purchase Act (TOPA).
• Improve the TOPA law to ensure that transactions are enforceable, prevent unintended
consequences, and support the administration of the program.
• Strengthen the District’s Opportunity to Purchase Act to clarify that the Mayor has ability to
purchase newer buildings within a 15-year window, on an expedited timeframe, to preserve more
affordable units.

The Act will also improve the court process by:

• Clarifying that tenants receiving housing vouchers are only required to pay their fair share into
protective orders.
• Establishing a 60-day hearing timeline for eviction cases to ensure there is a predictable timeline
for landlords and tenants.
• Modernizing processes for delivery and receipt of eviction notices.

I urge the Council to take prompt and favorable action on the enclosed bill.

Sincerely,

Muriel Bowser

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~--Z~ son
at the request of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the District of Columbia Housing Authority Act of 1999 to clarify the definition of the
term "obligation", to expand eligibility of the Local Rent Supplement Program to include
District residents with very low income, and to allow rental assistance contract funding,
in connection with the Local Rent Supplement Program, to be transferred from the
original property to a different property while the original property undergoes
renovations or repairs; to amend the Rental Housing Act of 1985 to exclude from the
limitation on the exemption to a housing accommodation owned by natural persons for
the purpose of registration and coverage requirements those units owned by an inter vivos
trust, to clarify the right of entry by a housing provider, to authorize the court to enjoin
and assess damages against a tenant who denies the housing provider's right of access to
the housing unit, to amend the notice requirements for eviction notices, to clarify the
applicability of other laws protecting District residents, to require initial eviction hearings
be held within 30 or 60 days based on the grounds for eviction, and to amend the service
requirements for eviction notices; to amend the Rental Housing Conversion and Sale Act
of 1980 to update and standardize definitions, to repeal redundant definitions, and to
remove the 30-day timeline for agreements or contracts to be filed, to reduce the
minimum number of days the Mayor has to negotiate in the event that tenants are not
properly notified of a pending sale, to lengthen the time in which the Mayor must file
required affordability covenants after purchasing a housing accommodation with existing
tenants, to remove the requirements regarding units that were vacant at the time of
purchase, and to remove the restriction on reducing the number of units affordable at
30% when developing an affordability plan; and to amend the Summary Abatement of
Life-or-Health Threatening Conditions Act of 1982 to require register agents to be
designated in accordance with procedures described in Subchapter IV of Chapter 1 of
Title 29 of the District of Columbia Official Code.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the "Housing Investment Protection Act of 2026".
Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000
(D.C. Law 13-105; D.C. Official Code§ 6-201 et seq.), is amended as follows:
1

2
(a) Section 2 (D.C. Official Code § 6-201) is amended as follows: 44
(1) Paragraph (35) is amended as follows: 45
(A) The existing text is designated as subparagraph (A). 46
(B) A new subparagraph (B) is added to read as follows: 47
“(B) A loan applied for, accepted, or received by the Authority from a 48
public or private source, as authorized by section 4(35), shall not be considered an obligation for 49
the purposes of section 10 or 11.”. 50
(2) Paragraph (42A) is amended by striking the phrase extremely low-income” 51
and inserting the phrase “extremely low-income and very low-income” in its place. 52
(3) A new paragraph (43D) is added to read as follows: 53
“(43D) “Very low-income” means an individual or family whose gross income 54
does not exceed 50% of the area median income.”. 55
(b) Section 26a(a) (D.C. Official Code § 6-226(a)) is amended by striking the phrase 56
“extremely low-income” and inserting the phrase “extremely low-income and very low-income” 57
in its place. 58
(c) Section 26a(c) (D.C. Official Code § 6-226(c)) is amended by striking the phrase 59
“extremely low-income” and inserting the phrase “extremely low-income and very low-income” 60
in its place. 61
(d) Section 26b (D.C. Official Code § 6-227) is amended as follows: 62
(1) Subsection (b-1) is amended as follows: 63
(A) Paragraph (1) is amended by striking the phrase “extremely low-64
income” and inserting the phrase “extremely low-income and very low-income”. 65

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(B) Paragraph (2) is amended by striking the phrase “for such assistance” 66
and inserting the phrase “for such assistance, including standards for approving temporary 67
transfers of Long-Term Subsidy Contracts under subsection (f)(3) and (4) of this section” in its 68
place. 69
(2) New paragraphs (f)(3) and (4) are added to read as follows: 70
“(3) A housing provider that has an existing Long-Term Subsidy Contract 71
(“LTSC”) for project-based assistance awarded under this section may request approval from the 72
Authority and the Department of Housing and Community Development to transfer, on a 73
temporary basis, the assistance provided by the LTSC to another project or projects (the 74
“receiving project”) for the purpose of renovating or rehabilitating the initial LTSC project for 75
re-occupancy. The receiving project must meet the eligibility criteria of the Rent Supplement 76
Program housing assistance, and the provider shall prioritize impacted residents for return to 77
units in the initial LTSC project once its renovation or rehabilitation is complete. 78
“(4) If a property receiving Rent Supplement Program funds awarded under this 79
section is placed into receivership, experiences a casualty that causes units in the property to be 80
deemed uninhabitable, fails multiple regular Authority inspections, fails an emergency Authority 81
inspection, or fails an emergency housing quality standards inspection, then the Authority may 82
suspend or terminate the Rent Supplement Program funds for the property and, with the approval 83
of the Department of Housing and Community Development, transfer the Rent Supplement 84
Program funds to another property on a temporary or permanent basis as is in the interest of the 85
tenants. The property to which the Rent Supplement Program assistance funds are transferred 86
must meet all eligibility criteria in order for the Rent Supplement Program housing assistance to 87
continue.” 88

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Sec. 3. The Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. 89
Official Code § 42-3501.01 et seq.), is amended as follows: 90
(a) Section 205(a)(3)(D) (D.C. Official Code § 42-3502.05(a)(3)(D)), is amended to read 91
as follows: 92
“(D) The limitation of the exemption to a housing accommodation owned 93
by natural persons shall not apply to: 94
“(i) A housing accommodation owned or controlled by a 95
decedent’s estate or testamentary trust if the housing accommodation was, at the time of the 96
decedent’s death, already exempt under the terms of paragraphs (3)(A) and (3)(B) of this 97
subsection; or 98
“(ii) A housing accommodation held in an inter vivos trust that was 99
established by not more than 2 natural persons who collectively, directly or indirectly, own or 100
control 4 or fewer rental units in the District, all of which are held in the trust, and the 101
beneficiaries of which are natural persons who as a result of inheriting would own, directly or 102
indirectly, no other rental units in the District; and” 103
(b) Section 208(a)(1)(G) (D.C. Official Code § 42-3502.08(a)(1)(G)), is amended by 104
striking the phrase “pursuant to section 203 of Title 14 of the District of Columbia Municipal 105
Regulations” and inserting the phrase “designated in accordance with the procedures in 106
Subchapter IV of Chapter 1 of Title 29 of the District of Columbia Official Code” in its place. 107
(c) Section 501 (D.C. Official Code § 42-3505.01) is amended as follows: 108
(1) Subsection (a)(2) is repealed.: 109
(2) Subsection (a-1)(3) is repealed. 110
(3) New subsections (a-2) and (a-3) are added to read as follows: 111

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“(a-2) The notices required by subsections (a) and (a-1) of this section shall be provided 112
as follows: 113
“(1) By certified mail, return receipt requested, or delivery service providing 114
delivery tracking confirmation; and 115
“(2) By hand delivery to the rental unit or by posting on the front door of the 116
rental unit. If notice is served by posting a copy on the front door of the rental unit, a photograph 117
of the posted notice shall be submitted to the court. The photograph shall have a readable 118
timestamp that indicates the date and time the summons was posted.” 119
“(a-3) Nothing in this section shall be construed to excuse a housing provider’s unlawful 120
retaliatory action or failure to comply with the Violence Against Women Act of 1994, approved 121
September 13, 1994 (108 Stat. 1902; 34 U.S.C. § 12291 et seq.), or successor legislation, the 122
Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 123
12101 et seq.), Titles VIII and IX of the Civil Rights Act of 1968, approved April 11, 1968 (82 124
Stat. 81; 42 U.S.C. §§ 3601-3619, 3631), the Human Rights Act of 1977, effective December 13, 125
1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.), sections 507 and 508 of the 126
Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code §§ 42-127
3505.07 and 42-3505.08), or other applicable federal or District law.” 128
(4) Subparagraph (a-1)(2) is amended by striking the phrase “30 days” and 129
inserting the phrase “10 days” in its place. 130
(5) Subsection (c) is amended as follows: 131
(A) Paragraph (1) is amended to read as follows: 132
“(1) A housing provider may recover possession of a rental unit where a court of 133
competent jurisdiction has determined that the tenant, or a person occupying the premises with or 134

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in addition to the tenant, has performed an illegal act within the rental unit or the housing 135
accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate. If the 136
person who was found to have performed an illegal act is someone occupying the premises other 137
than the tenant, the tenant may be evicted only if the tenant knew or should have known that an 138
illegal act was taking place.” 139
(B) Paragraph (2) is amended as follows: 140
(i) Subparagraph (A) is amended to read as follows: 141
“(A)(i) A housing provider may, pursuant to the procedures set forth in this 142
paragraph, recover possession of a rental unit where it is alleged that the tenant, or a person 143
occupying the premises with or in addition to the tenant, has performed an illegal act within the 144
rental unit or housing accommodation that would constitute a dangerous crime as defined in § 145
23-1331(3) or a crime of violence as defined in § 23-1331(4).: 146
“(ii) The housing provider, after considering in good faith all reasonable 147
available means to preserve the housing of non-offending occupants, such as barring the 148
offending individual from the property or assessing whether the lease can be transferred to an 149
eligible occupant, shall serve on the tenant a 10-day notice to vacate 150
“(ii) In a claim to recover possession brought by a housing provider under 151
this paragraph, the Court shall hold a hearing on an expedited basis within 20 days after the filing 152
of the claim.”. 153
(ii) Subparagraph (B) is amended as follows: 154
(I) Sub-sub paragraph (i) is amended by striking the phrase 155
“; or” and inserting a semicolon in its place. 156

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(II) Sub-subparagraph (ii) is amended by striking the phrase 157
“; or” and inserting a semicolon in its place. 158
(III) Sub-subparagraph (iii) is amended by striking the 159
period and inserting the phrase “; or” in its place. 160
(IV) A new sub-subparagraph (iv) is added to read as 161
follows: 162
“(iv) The crime was committed in self-defense or defense of 163
another.”. 164
(6) A new subsection (u) is added to read as follows: 165
“(u) The Court shall hold an initial hearing on a case brought under subsection (a-1) or 166
(b) of this section within 60 days after the complaint is filed and an initial hearing on a case 167
brought under subsection (c)(1) or (c)(2) of this section within 30 days after the complaint is 168
filed.” 169
(d) Section 531 (D.C. Official Code § 42-3505.51), is amended as follows: 170
(1) Subsection (b) is amended by adding a new paragraph (4) to read as follows: 171
“(4) Upon a showing by a housing provider that the tenant has refused entry to the 172
rental unit in violation of this section, or has not provided a housing provider with a new key or 173
means of access to the rental unit in violation of this section, any court of competent jurisdiction 174
may enjoin the tenant from that behavior, assess appropriate damages against the tenant for 175
breach of the housing provider’s right of access to the premises, or strike any relevant claim or 176
defense asserted by the tenant if doing so is an appropriate sanction. 177
(2) New subsections (c) and (d) are added to read as follows: 178

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“(c) Subject to the provisions of this section, a housing provider shall have the right to 179
enter a rental unit during the tenancy for any reasonable purpose, at a reasonable time, after 180
having provided the tenant reasonable notice. 181
“(d)(1) A housing provider shall have a key or other means of access to each rental unit at 182
all times. 183
“(2) If the lock or other means of access to the rental unit are changed by the 184
tenant or a third party on behalf of the tenant, the tenant shall provide the housing provider with 185
the new key or means of access within 48 hours of the change.” 186
(e) Section 904(a) (D.C. Official Code § 42-3509.04(a)) is amended as follows: 187
(1) Paragraph (2) is repealed. 188
(2) A new paragraph (2A) is added to read as follows: 189
“(2A) By email or other written electronic means if the recipient has given written 190
consent to receive communications through a particular email address or electronic account.” 191
Sec. 4. Chapter 15 of Title 16 of the District of Columbia Official Code is amended as 192
follows: 193
(a) Section 16-1502a(a) is amended by striking the phrase “rent payment” and inserting 194
the phrase “tenant’s portion of the rent payment” in its place. 195
Sec. 5. The Rental Housing Conversion and Sale Act of 1980, effective September 10, 196
1980 (D.C. Law 3-86; D.C. Official Code 42-3401.01 et seq.) is amended as follows: 197
(a) Section 103 (D.C. Official Code § 42-3401.03) is amended as follows: 198
(1) A new paragraph (8A) is added to read as follows: 199
“(8A) “Department” means the Department of Housing and Community Development, or 200
any successor agency.” 201

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(2) A new paragraph (13A) is added to read as follows: 202
“(13A) “New building” means a building that has completed construction within the 15 203
years before the relevant date of sale, including: 204
“(A) A building that received a permanent certificate of occupancy for a 205
new multifamily building within the 15-year period; 206
“(2) A building whose gross floor area was increased through an 207
addition that resulted in the greater of 10 new dwelling units or a 50% increase in the number of 208
dwelling units relative to what existed in the building before the addition, if the permanent 209
certificate of occupancy for the addition was issued within the 15-year period; or 210
“(3) A building changed in use and occupancy from any non-211
residential category to Residential Group R-2, as defined by the Construction Codes, a 212
permanent certificate of occupancy for which was issued within the 15-year period .”” 213
(3) Paragraph (14) is amended to read as follows: 214
“(14) “Owner” means: 215
“(A) Any person, any one of a number of persons, or any entity in whom is vested 216
all or any part of the beneficial ownership, dominion, or title of a housing accommodation; or 217
“(B) The committee, conservator, or legal guardian of a person described in 218
subparagraph (A) of this paragraph who is non compos mentis, a minor child, or otherwise under 219
a disability. 220
(4) Paragraph (17) is amended to read as follows: 221
“(17)(A) “Tenant” means any person or persons who, under the terms of a current or 222
expired written lease or other rental agreement, are entitled to occupy the housing 223
accommodation and are liable to the owner for the payment of rent. 224

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“(B) Nothing in this paragraph shall be construed to limit the definition of 225
“tenant” for purposes of any other law.”. 226
(5) A new paragraph (20) is added to read as follows: 227
“(20) “Qualified purchaser” means a person: 228
“(A) Certified by the Mayor pursuant to section 402d; or 229
“(B) An agency or instrumentality of the District government.”. 230
(b) Section 401a (D.C. Official Code § 42–3404.01a) is repealed. 231
(c) Section 402b (D.C. Official Code § 42-3404.02b(b)) is amended to read as follows: 232
(1) Paragraph (9) is amended to read as follows: 233
“(9) The transfer of ownership interest in a corporation, partnership, limited 234
liability company, association, statutory trust entity formed under the Uniform Statutory Trust 235
Entity Act of 2010, D.C. Official Code § 29-1201.01 et seq., or a similar provision of another 236
jurisdiction, or other entity that owns a housing accommodation; provided, that the sole purpose 237
of the transfer is to admit one or more limited partners, investor members, or other equity 238
investors, and either: 239
“(A)(1) Such new equity investors individually or combined, if more than 240
one, will have a minority interest; 241
“(2) Before and after the transfer, or transfers, to such new equity 242
investors, the owner is controlled, directly or indirectly, by the same person or entity; and 243
“(3) a Notice of Transfer is sent to tenants for this exemption 244
pursuant to section 403a; or 245

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“(B)(1) Each of such new equity investors will receive tax benefits 246
pursuant to 26 U.S.C. § 42, or a comparable District program, and will make capital 247
contributions required in order to receive such tax benefits; and 248
“(2) A Notice of Transfer is sent to tenants for this exemption pursuant to 249
section 403a.” 250
(2) Paragraph (20) is amended to read as follows: 251
“(20) A sale or other transfer of interest in a new building as defined in section 252
103(13A); provided, that a Notice of Transfer is sent to tenants for this exemption pursuant to 253
section 403a; provided further, that this exemption shall not apply to the District’s opportunity to 254
purchase under title IV-A.”. 255
(d) Section 403a (D.C. Official Code § 42-3404.03a) is amended as follows: 256
(1) Subsection (a) is amended to read as follows: 257
“(a) If a Notice of Transfer is required to be sent to the tenants pursuant to section 402(b), 258
the owner shall also provide the Mayor with a Notice of Transfer in a housing accommodation 259
before the transfer of the housing accommodation or the transfer of an interest in a housing 260
accommodation.” 261
(2) Subsection (g) is amended to read as follows: 262
“(g) Failure of a tenant or tenant organization to file timely a petition for relief pursuant 263
to section 403a(b) shall preclude the tenant or tenant organization from asserting any rights under 264
titles IV and V. 265
(e) Section 405a(a) (D.C. Official Code § 42-3404.05a(a)) is amended by striking the 266
phrase “is filed with the Department within 30 days after signature by all parties” and inserting 267
the phrase “filed with the Department” in its place.: 268

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(f) Section 433 (D.C. Official Code § 42-3404.33) is amended as follows:: 269
(1) Subsection (b)(1) is amended as follows: 270
(A) Subparagraph (A) is amended by striking the phrase “the monthly 271
rent” and inserting the phrase “the monthly rent for such tenants.” 272
(B) The lead-in language to subparagraph (B) is amended to read as 273
follows: 274
“(B) After the first 12 months, the monthly rent for such tenants shall be 275
subject to allowable percentage increases annually, limited to the greater of:” 276
(2) Subsection (c) is amended as follows: 277
(A) Paragraph (1) is amended by striking the phrase “Upon the initial sale” 278
and inserting the phrase “Within one year of the initial sale” in its place. 279
(B) Paragraph (2) is repealed. 280
(3) Subsection (d) is amended as follows: 281
(A) Paragraph (1) is amended by striking the phrase “The Mayor, or an 282
assignee” and inserting the phrase “Within one year of the initial sale of the housing 283
accommodation to the Mayor or the Mayor’s assignee, the Mayor, or an assignee” in its place. 284
(B) Paragraph (3) is amended by striking the phrase “at 30% or 60%” and 285
inserting the phrase “at 60%” in its place. 286
(g) Section 434(a) (D.C. Official Code § 42-3404.34(a)) is amended by striking the 287
phrase “negotiate a contract for sale.” and inserting the phrase “negotiate a contract for sale, 288
except in the case where a notice of sale is not issued to the tenants pursuant to section 289
402b(b)(20), in which case the Mayor shall have not less than 60 days from the date of the 290

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owner’s receipt of the Mayor’s written statement of interest, issued pursuant to section 432(b), to 291
negotiate a contract for sale.” in its place. 292
Sec. 6. Section 5(b)(1) of the Summary Abatement of Life-or-Health Threatening 293
Conditions Act of 1982, effective March 10, 1983 (D.C. Law 4-205; D.C. Official Code § 42-294
903(b)(1)), is amended to read as follows: 295
“(b)(1) A person or entity that is the nonresident owner of one or more rental units shall 296
appoint and continuously maintain a registered agent for the service of process. The registered 297
agent shall be designated in accordance with the procedures in Subchapter IV of Chapter 1 of 298
Title 29 of the District of Columbia Official Code. The registered agent shall be an individual 299
who is a resident of the District of Columbia or an organization with an address located in the 300
District of Columbia.”. 301
Sec. 7. Fiscal impact statement. 302
The Council adopts the fiscal impact statement in the committee report as the fiscal 303
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 304
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 305
Sec. 8. Effective date. 306
This act shall take effect following approval by the Mayor (or, in the event of veto by the 307
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 308
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 309
24, 1973 (87 Stat. 813, D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 310
Columbia Register. 311
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL

BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION

LEGAL COUNSEL DIVISION

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division

DATE: July 2, 2026

SUBJECT: Legal Sufficiency Review of Rental Amendment Act of 2026
(AE-26-159)
_____________________________________________________________________________________

This is to Certify that the Office of the Attorney General has reviewed the
above-referenced legislation and found it to be legally sufficient. If you have any questions in this
regard, please do not hesitate to call me at (202) 262-6402.

_________________________________
Adele El-Khouri

Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM

TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia

FROM: Glen Lee
Chief Financial Officer

DATE: July 8, 2026

SUBJECT: Fiscal Impact Statement – RENTAL Amendment Act of 2026

REFERENCE: Draft bill as provided to the Office of Revenue Analysis on July 7, 2026

Conclusion

Funds are sufficient in the proposed revised fiscal year 2026 and proposed fiscal year 2027 through
fiscal year 2030 budget and financial plan to implement the bill.

Background

The District of Columbia Housing Authority Act of 19991 established the District of Columbia Housing
Authority (DCHA) as an independent corporate body to oversee public housing ; implement the
federal Housing Act of 1937; and provide housing for low- and moderate‑income residents. District
law2 grants DHCA broad powers to acquire, manage, develop, finance, and oversee housing and
related operations, including to issue financial obligations; receive and use public or private sources
including gifts, grants, and loans; and provide grants, loans, and guarantees for housing development
and operations. The bill clarifies that loans from private sources are not considered obligations3.

The bill also adds a definition for the term “very low-income” defined as an individual or family whose
gross income does not exceed 50% of the area median income (AMI). The bill clarifies that the Rent

1 Effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.).
2 D.C. Official Code § 6–203.
3 Defined as revenue bonds, notes, mortgages, or other obligations (including refunding bonds, notes, or other
obligations) to finance or refinance the undertakings of DCHA pursuant to Chapter 2, Title 6 of the DC Official
Code in connection with DCHA’s issuance of bonds.
The Honorable Phil Mendelson
FIS: “RENTAL Amendment Act of 2026”, Draft Bill as provided to the Office of Revenue Analysis on July 7,
2026
Page 2 of 8

Supplement Program (RSP)4 and the Department of Housing and Community Development (DHCD)
funds allocated under the Partnership Program For Affordable Housing5 for sponsor-based voucher
assistance are for very- and extremely low-income residents.

District law6 authorizes a term of up to 20 years for Long-Term Subsidy Contracts, or the maximum
initial term allowed for a Housing Assistance Payments (HAP7 contract, whichever is longer. 8An
existing Long -Term Subsidy Contract may be extended without competition  if the extension
complies with Council approval requirements and the contractor remains the same or is the
successor to the original contractor for the affordable housing units covered by the contract. The bill
authorizes an existing Long -Term Subsidy Contract provider to request the transfer 9their RSP
contract to another site if they need to renovate or rehabilitate the original property  and if the
receiving site and tenants satisfy all eligibility criteria. The bill requires the provider to present a
clear renovation timeline and to prioritize the return of displaced residents to renovated units. If a
property receiving RSP funds goes into receivership, becomes uninhabitable due to casualty, or
repeatedly fails 10HQS) or emergency HQS inspections, the bill authorizes the DHCA to require the
11 RSP funds to another property, on a temporary or permanent basis, to protect tenants.

The Rental Housing Act of 1985 12 provides the statutory framework for the Rental Housing
Commission and the District’s rent stabilization program. All rental units in the District are subject
to the law, with exceptions for:
• Units in federally- or District- owned or subsidized housing.
• Units rented or co -leased by home‑ and community‑based services waiver providers for
tenants with disabilities.
• Units receiving Low-Income Housing Tax Credits.
• Units in buildings constructed after 197513 or buildings with additional units created after
January 1, 198014.
• Units in small housing accommodations of four or fewer total units if: they are owned by no
more than four natural persons , the owners have no direct or indirect interest in other DC
rental units , and a valid exemption claim is filed and updated when ownership changes .
Estates and testamentary trusts may preserve the exemption under certain conditions and

4 Defined as the program established under D.C. Official Code § 6 -226 to provide housing assistance to
extremely low-income District residents, including those who are homeless and those in need of supportive
services, such as elderly individuals or those with disabilities.
5 D.C. Official Code § 6-227(b-1)(1).
6 D.C. Official Code § 6-227(f).
7 Defined as a project-based housing assistance payments contract executed between the owner of an
affordable multifamily housing property and the Secretary of the U.S. Department of Housing and Urban
Development (HUD) or a public housing agency pursuant to section 8 of the United States Housing Act of
1937.
8 Pursuant to D.C. Official Code § 1–204.51.
9 Subject to Council approval.
10 HQS (Housing Quality Standards) inspections are minimum health and safety evaluations required by HUD
for rental units in voucher programs.
11 Any new property and participants must still meet all eligibility criteria for assistance to continue.
12 Effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.).
13 Permits issued after December 31, 1975.
14 This exemption does not apply if the new construction replaced rent ‑controlled units, unless more units
were added than demolished.
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all rental units within a condo owned by the same natural persons count toward the four‑unit
limit.
• Units that have been continuously vacant and not rented since January 1, 1985, provided they
meet housing code requirements when re‑rented.
• Units in cooperative buildings where the proprietary lease is owned by no more than four
natural persons, these individuals have no interest in more than four DC rental units total ,
and they file a proper exemption claim and report changes in ownership or interests.
• Housing accommodations under an approved building improvement plan or other DHCD
multifamily rehabilitation programs, if the plan is filed with 70 % tenant approval , t he
exemption ends when the plan expires , and a t expiration, the plan’s rent and services
schedule becomes the baseline for future rent control purposes.
The bill clarifies that the provision limiting certain rent‑control exemptions to properties owned by
individuals does not apply when the property:
• Is owned or controlled by a decedent’s estate or testamentary trust, if the property qualified
for the exemption at the time of the owner’s death; and
• Is held in a living trust created by no more than two individuals who collectively own no more
than four rental units in the District , and the beneficiaries are individuals who, after
inheriting, would not own any additional rental units in the District.

District law15 authorizes a housing provider to enter a tenant’s unit for a reasonable purpose, at a
reasonable time, and with reasonable notice , except in emergency circumstances. If a tenant shows
that a housing provider has improperly entered or repeatedly made unreasonable entry demands, a
court may prohibit the behavior and award damages for the violation. Tenants are required to permit
access for inspection or repairs within 48 hours of report to, and receipt by, the housing provider of
a housing code violation. The bill authorizes a court to issue an order and award damages against a
tenant who improperly refuses entry to the unit or fails to provide the housing provider with new
keys after changing the locks. The bill adds that a housing provider must always have a key or other
means of access to the unit and requires the tenant to furnish the housing provider with a new key
or access method within 48 hours, if the tenant has changed the locks.

District law16 prohibits evictions because a tenant’s lease has expired.17 A tenant may only be evicted
after receiving a proper written notice that meets legal requirements ; and for all eviction notices
other than nonpayment of rent, the notice must be served on both the tenant and the Rent
Administrator18. The bill clarifies that eviction notices may be served by certified mail or another
delivery service that provides tracking and a return receipt; by hand‑delivery to the rental unit ; or
by posting the notice19 on the unit’s front door.

15 D.C. Official Code § 42–3505.51.
16 D.C. Official Code § 42–3505.01.
17 If the tenant continues to pay all rent owed. Failure to pay a late fee cannot be used as a basis for eviction.
18 Appointed by the Mayor with the advice and consent of the Council to serve a 3 -year term amongst other
conditions (D.C. Official Code § 42–3502.03a); must be admitted to practice before the District of Columbia
Court of Appeals amongst other qualification requirements (D.C. Official Code § 42–3502.03b); and is charged
with overseeing the rent stabilization program amongst other duties ( D.C. Official Code § 42–3502.04).
19 If the notice is posted, the housing provider must submit a photo to the court showing the posted notice
with a clear, timestamped date and time.
The Honorable Phil Mendelson
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District law20 requires a housing provider, in the case of nonpayment of rent, to give the tenant at
least 10 days’ notice of the intent to file , unless the unpaid rent is less than $600, in which case no
such notice may be issued. 21 The notice must state the total amount owed ; include a rent ledger;
explain that the tenant may remain if the full balance is paid; and clarify that eviction can only be filed
if the balance is at least $600 and remains unpaid after 10 days. The bill requires the court hold an
initial hearing on a case brought regarding this section within 60 days.

District law22 allows a housing provider, in the case of a lease violation, other than nonpayment of
rent, to recover possession of the property if the tenant is given notice of the violation and fails to
correct it within 30 days. The bill requires the court hold an initial hearing on a case brought
regarding this section within 60 days.

The bill recodifies the disclaimer clause that precludes a housing provider from engaging in unlawful
retaliation or violating federal or District protections or any applicable laws.23

District law24 authorizes a housing provider to evict a tenant , with a 30-day notice, if a court has
determined that the tenant , or occupant25, committed an illegal act on the premises. If the alleged
illegal act qualifies as a dangerous crime or crime of violence that was not committed in
self‑defense26, the housing provider is required to first consider all reasonable ways 27 to allow
non‑offending tenants to remain. If eviction is still pursued, the provider must offer a 10‑day notice
to vacate. After filing the case, the court must hold an expedited hearing within 20 days. The bill
clarifies that the definitions28 for a dangerous crime or a crime of violence are within existing law.

District law 29 provides that a tenant may defend against an eviction based on allegations of a
dangerous or violent crime if:
• The tenant did not know and had no reason to know whether criminal activity was occurring
or likely to occur;
• The tenant took reasonable steps30 to prevent the activity;
• The tenant was a victim or intended victim of the criminal activity; or
• The tenant is a victim , or the parent or guardian of a minor victim , of an intrafamily offense
when that offense is the basis for the notice to vacate.

20 D.C. Official Code § 42–3505.01(a-1).
21 The notice must also inform the tenant of their right to defend themselves in court and provide contact
information for free legal assistance.
22 D.C. Official Code § 42–3505.01(b).
23 Violence Against Women Act of 1994, approved September 13, 1994 (108 Stat. 1902; 34 U.S.C. § 12291 et
seq.), or successor legislation, the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat.
327; 42 U.S.C. § 12101 et seq.), Titles VIII and IX of the Civil Rights Act of 1968, approved April 11, 1968 (82
Stat. 81; 42 U.S.C. §§ 3601-3619, 3631), Unit A of Chapter 14 of Title 2, D.C. Official Code §§ 42-3505.07 and
42-3505.08.
24 D.C. Official Code § 42–3505.01.
25 If the illegal act was committed by someone other than the tenant, the tenant can only be evicted if they
knew or should have known about it.
26 For eviction cases filed after December 31, 2025.
27 Such as barring the offending person or transferring the lease.
28 As defined in D.C. Official Code § 23–1331(3) and § 23–1331(4), respectively.
29 D.C. Official Code § 42–3505.01(c).
30 Such as asking to remove the offending person from the lease, reporting prior incidents to police, seeking
help from social services, or refusing to allow the offending person to live in the home when feasible.
The Honorable Phil Mendelson
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The bill adds to the list of acceptable defenses that the tenant committed the dangerous or violent
crime in self-defense or defense of another . The bill requires the court hold an initial hearing on a
case brought regarding this section within 30 days.

District law31 authorizes service of required documents to be completed by hand‑delivery, properly
stamped and addressed mail via the U.S. Postal Service, or any other method authorized by an order
of the Rental Housing Commission or Rent Administrator . The bill repeals service by telegram and
authorizes by electronic means if the recipient has given express consent to receive communications
through a particular address or account.

District law32 authorizes a party in a nonpayment‑of‑rent eviction case to request a protective order
requiring the defendant to pay ongoing monthly rent into the court registry. The bill clarifies that it
is the tenant’s portion of the monthly rent.

The purpose33 of the Tenant Opportunity to Purchase Act of 1980 (TOPA), as amended 34 was to
protect tenants from displacement during the sale or conversion of rental housing, preserve
affordable housing, and strengthen tenants’ ability to organize and negotiate. The law also aimed to
support continued affordability for tenants who remain after conversion, provide relocation
assistance to those who must move, balance affordable homeownership and rental preservation, and
authorize actions needed to carry out these objectives. The bill recodifies35 the definitions section.

The purpose of the District Opportunity to Purchase Amendment Act (DOPA)36 was to preserve and
expand affordable rental housing in the District. It requires owners of rental buildings with five or
more units —where at least 25% of the units are affordable —to give the District the chance to
purchase the property. However, tenants have the first right to purchase under TOPA 37, and the
District’s rights under DOPA apply only after tenants decline or do not move forward.

The bill amends TOPA to clarify that written certifications issued related to the sale38 of a property
by the owner39 to the tenant40 are via Review of File Letter. The bill provides that the term sale does
not include when a New Building41 is sold or transferred, but mandates that tenants and the Mayor

31 D.C. Official Code § 42–3509.04(a).
32 D.C. Official Code § 16–1502a.
33 D.C. Official Code § 42–3401.02.
34 Effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3401.01 et seq.).
35 D.C. Official Code § 42–3404.01a.
36 Effective December 24, 2008 (D.C. Law 17-286; D.C. Official Code § 42-3401.01 et seq.).
37 Effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42–3404.02 et seq.).
38 Or issuance of a notice to vacate for purposes of demolition or discontinuance of housing use.
39 Defined as any person, any one of a number of persons, or any entity in whom is vested all or any part of
the beneficial ownership, dominion, or title of a housing accommodation; or the committee, conservator, or
legal guardian of a person who is non compos mentis, a minor child, or otherwise under a disability.
40 Defined as any person or persons who, under the terms of a current or expired written lease or other rental
agreement, are entitled to occupy the housing accommodation and are liable to the owner for the payment of
rent.
41 Defined as a building that in sum or a whole of its parts did not exist previously; a development that is
proposing new gross floor area beyond that existing at the time of the building permit application that would
result in the greater of 10 new dwelling units or a 50% increase in the number of dwelling units relative to
what existed on the site prior to development; or a construction project involving a change of use and

The Honorable Phil Mendelson
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receive a Notice of Transfer prior to transferring the housing accommodation or any interest in it.
The bill precludes the tenant or tenant organization from asserting any rights if they fail to file timely
a petition42 for relief.

TOPA43 excludes certain transactions from being classified as a sale; specifically, the terms “sell” and
“sale” do not include transfers of ownership interests in an entity that owns a housing
accommodation as long as:
• The transfer is only to add new limited partners or investor members who will hold a
minority interest, and each contributes capital equal to the value of the ownership share they
receive, or the transfer allows existing partners or members to exit the entity;
• The new investor is barred from acquiring any additional interest in the housing
accommodation for 12 months after joining; and
• A Notice of Transfer44 is provided to the tenants.
The bill amends this section so that a transfer of ownership interest in an entity that owns a housing
accommodation is exempt if the transfer is only for bringing in new limited partners or equity
investors. The bill requires that:
• the new investors together hold only a minority interest, ownership control remains the same
before and after the transfer, and tenants receive a Notice of Transfer; or
• the new investors are receiving federal or local tax -credit benefits and are making the
required capital contributions, and tenants receive a Notice of Transfer.

TOPA45 invalidates purchase agreements and/or contracts filed with DHCD if those documents do
not retain specific details 46 and if those documents are not filed within 30 days. D HCD must issue
rules47 that create a standard purchase‑contract template and define the minimum information all
purchase contracts must include. The bill removes the 30-day time frame and makes enforceability
and validity subject only to the inclusion of the specific details.

DOPA48 requires an owner to provide the Mayor the same opportunity to purchase property that
tenants receive49 before selling any housing accommodation with five or more units. The bill clarifies
that the exemption for the term sale, as it relates to the sale or transfer of interest in a new building
that has completed construction50, does not apply to the Mayor’s opportunity to purchase.

DOPA51 requires that in instances where the Mayor purchases a housing accommodation, rents for
existing tenants must remain affordable. For the first 12 months, rent cannot be higher than it was
on the date the Mayor received the offer of sale. After the first year, rent may only increase annually

occupancy for a building from any non-residential category to Residential Group R-2, as defined by the
Construction Codes.
42 Pursuant to D.C. Official Code § 42–3404.03a(b).
43 D.C. Official Code § 42–3404.02b(b)(9).
44 Pursuant to D.C. Official Code § 42–3404.03a.
45 D.C. Official Code § 42–3404.05a.
46 That is, address and ward; unit count; sales price; information related to rent -stabilization; information
related to income-restricted units and subsidies; and other information as determined by DHCD.
47 By June 29, 2026.
48 D.C. Official Code § 42-3404.31.
49 D.C. Official Code § 42–3404.02.
50 As evidenced by a permanent certificate of occupancy for a new multifamily building within the 15 years
before the date of sale.
51 D.C. Official Code § 42–3404.33.
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by the smaller of the standard rent‑stabilization increase allowed by District law 52, or the increase
permitted under any applicable local or federal affordability program. The bill clarifies that the
monthly rent is for “such tenants” and that the increase may be by the larger of the two options.

DOPA53 requires that when the Mayor purchases a housing accommodation, the Mayor record a
covenant mandating that certain units remain rent‑ and income‑restricted for as long as the property
remains rental housing. Units with rents at or below the 60% AMI rent level at the time of the offer
must be preserved as affordable, along with any additional units identified in the required
affordability plan. The bill amends the law to allow this to occur within one year of the initial sale
instead of upon the initial sale.

The bill repeals the requirement that units vacant at the time of the offer , or that become vacant
before the covenant is signed, be restricted to AMI levels outlined in the law.54

The bill amends the law to require the Mayor to create an affordability plan within one year of the
purchase of a housing accommodation that explains how the Mayor will meet the required
affordability restrictions and, when possible, increase the number of units affordable to households
at or below 60% of AMI. The bill amends the law to prohibit the plan from reducing the number of
units affordable at 60% AMI55 that existed at the time the Mayor received the offer of sale.

DOPA56 grants the Mayor 150 days to negotiate a contract for the sale of a housing accommodation.
The bill clarifies that if a notice of sale is not issued to the tenants regarding a new building that has
completed construction57, the Mayor has 60 days from the date of the owner’s receipt of the Mayor’s
written statement of interest.

District law58 requires a nonresident owner of one or more rental units to designate and maintain a
registered agent in the District for service of legal documents. The owner must file the agent’s
information with the Mayor, and if the agent or any of the agent’s details change, the owner must file
an updated statement notifying the Mayor. The bill amends the law to clarify that the agent must be
designated following the procedures pursuant to District law59, and must be either a District resident
or an organization with a District address.

52 D.C. Official Code § 42–3502.08(h).
53 D.C. Official Code § 42–3404.33(c).
54 Units previously renting at or below the 60% AMI level must be restricted to households at or below 60%
AMI; units at or below the 30% AMI level must be restricted to households at or below 30%. All other units
must have rents set according to the affordability plan. The Mayor may waive these specific affordability
requirements for vacant units to improve the financial feasibility of the project, in which case those units
follow the affordability plan instead.
55 Instead of the current 30% or 60%.
56 D.C. Official Code § 42–3404.34(a).
57 As evidenced by a permanent certificate of occupancy for a new multifamily building within the 15 years
before the date of sale.
58 D.C. Official Code § 42-903(b)(1).
59 D.C. Official Code Title 29, Chapter 1, Subchapter IV, which details the legal requirements for establishing
and maintaining a registered agent for businesses operating within the District.
The Honorable Phil Mendelson
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Financial Plan Impact

Funds are sufficient in the proposed revised fiscal year 2026 and proposed fiscal year 2027 through
fiscal year 2030 budget and financial plan to implement the bill. The bill impacts the eviction process
for both tenants and housing providers . Currently, the federal government employs and pays the
costs of judicial proceedings. The fiscal impact statement is not required to assess any impacts of the
bill on federal agencies. DHCD, DCHA, and the Deputy Mayor of Planning and Economic Development
can implement the bill within current resources. DHCD does not require additional resources to
implement changes regarding the TOPA or DOPA. DHCD will continue to administer the rent control
program and process eviction notices and applications using current resources. DCHA does not
require additional resources to administer payments under the RSP.