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Nadeau Amendment Would Nix TOPA Exemption 

WASHINGTON, D.C. — Councilmember Brianne K. Nadeau, D-Ward 1, introduced an amendment to the District’s FY 24 Budget Support Act on Tuesday that would eliminate an exemption to requirements under the Tenant Opportunity to Purchase Act for building owners and developers who convert downtown office buildings to residential uses and later sell them.  

Nadeau called TOPA, which requires owners who sell their buildings to give tenants the first right to purchase it, a “sacrosanct right that has been established in D.C. code and in practice.” She said the exemption is an existential threat to the tenants’ rights provisions of TOPA, an important tool to allow tenants to stay in their housing and become owners of affordable housing. 

“When we create an exemption here, we open the door to an exemption there and another one and another one,” Nadeau said. “This exemption from TOPA is a line that, once crossed, cannot be undone.” 

The Budget Support Act, which details changes to law that will accompany the budget that passed last month, includes a tax break to developers who convert office buildings to residential uses and a 10-year exemption from the TOPA requirements. Proponents assert that the measures are necessary to accelerate much-needed tax base and activity in the downtown area. 

But Nadeau argued that there are other ways to encourage downtown office conversions that should be implemented first, such as changes to parking minimums, zoning reforms, commercial vacancy consolidation, and subsidies, including the tax break that was already part of the BSA. These and other policies for consideration are named in the Office-to-Affordable Housing Task Force Report, released by the Mayor’s planning office in 2019.  Meanwhile, other cities, including San Francisco, Berkley, and Boston are working to bolster their tenant purchase options. 

TOPA has existed since 1980 and is a bedrock component of tenant rights in the district. In her remarks, Nadeau called it “one of the most impactful means of establishing sustainable and affordable housing opportunities for residents who may not have been able to access them.” 

She added: “A moment of weakness presented by the situation downtown is the best opportunity [opponents of TOPA] have had to punch a hole in that wall. Before we’ve even passed the BSA, we’re hearing proposals for how other projects can be exempt from TOPA too, if they pay into a certain fund, provide a certain amount of affordability, etc. I don’t think it’s being overly dramatic to say that if we pass this now, TOPA as a tenant right is more or less done for.” 

Read Councilmember Nadeau’s full remarks. 

Related

The D.C. Council’s Committee on Housing on Thursday approved a measure – The Fair Share Housing Targets Act of 2025 – to establish clear, housing production targets for the District as a whole and in individual areas of the city – especially for affordable housing units, an important signal of the District’s ambitions and an invitation for new investment.
I have always believed that the way we treat our most vulnerable communities is a measure of how well the District is doing. And in recent years, we have asked those with too little to shoulder far too much of our budget burden–even as my colleagues and I have fought to restore and expand the safety net our neighbors most in need rely on–without asking others to pay their fair share.
I want to use that recognition to highlight and thank Jubilee Housing for its incredible work in the community, and to showcase how we can make a difference in the success of affordable housing production when we all work together.

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