Councilmember Brianne K. Nadeau, D-Ward 1, delivered the following remarks ahead of the vote of the Housing Committee, on which she serves, to approve the Mayor’s proposed RENTAL Act, which addresses TOPA issues, among others.
I know there are 10 other Titles in this bill besides TOPA. To touch on some of those:
Councilmember White, I do want to applaud you for your continued stewardship of the Housing Authority. I know that has not been easy, but I think your changes to the DCHA board strike the right balance between a lot of competing priorities.
Codifying a right to return for public housing residents is a big deal, and the subject of legislation I introduced a long time ago. Thank you for championing it and including it in this bill.
I understand that some members and industry have concerns about public safety evictions, and I am happy to work with committee colleagues on continuing that discussion.
I’m glad this print restores DHCD’s authority to acquire blighted property – I think this aligns well with our shared priority to enhance the District’s ability to acquire and leverage public land.
Anyone who follows housing issues closely in the District knows that I have spent much of my time here on the Council advocating for more and more housing in the District and in Ward 1. I have prioritized reforms to our zoning and other ways to reduce zoning barriers to new construction. Where there is room to build some housing, I am usually there to say: let’s build it.
I’ve helped put more than 1,200 units of affordable housing in the pipeline in Ward 1. And I am proud to say that Ward 1 neighborhoods have exceeded the Mayor’s 2025 housing production targets and contributed to the biggest increase in affordable housing units this side of the Anacostia River.
I say this because I want to be clear that I share people’s concerns about declining housing production in the District. The last thing I want to do is implement changes to housing legislation that would contribute to a further decline in production – or stand in the way of an increase in housing.
I am confident that we do not have to take away tenant protections in order to accelerate housing production. TOPA was passed in the years directly following the passage of D.C. home rule, it likewise gives tenants their own means of self-determination by giving them a seat at the table.
TOPA is about much more than tenant purchases. Between 2006 and 2020, more than 19,000 families were able to successfully negotiate during the sale of their buildings. While some of those negotiations resulted in tenant purchases, TOPA is about giving tenants the power to get what they need – whether it is becoming homeowners or being able to stay in their rental unit or moving out with the resources to move into another home of their dreams, not one of last resort.
This is why I have maintained a steadfast commitment to TOPA and it’s why I proposed my own legislation earlier this year to make common sense reforms to TOPA and streamline its process. And I am of course pleased that most of the provisions in my proposed legislation are now part of this legislation: consequences for bad actors who slow down the process or mislead tenants, earlier access to information for tenants about their rights and options. These were almost all based on recommendations from a Council-funded study to comprehensively review TOPA from the perspective of tenants, owners, buyers, and others.
TOPA is about to celebrate its 50th year as law in the District. By incorporating many overdue procedural reforms to TOPA, we can ensure that it sticks around for the next 50 years. This includes provisions to streamline the TOPA process and stop bad actors who undermine the law, improving the process for tenants, property owners, and prospective buyers.
I will not belabor the philosophical points of who is and isn’t deserving of TOPA and what TOPA is meant to do. But I will reiterate that I have serious concerns about the implications of what remains in this bill.
