Councilmember Brianne K. Nadeau delivered the following remarks on Wednesday, May 28 at the Committee on Housing hearing on the Common Sense TOPA Reform Amendment Act of 2025 and other legislation on housing affordability.

Thank you, Chairperson White and thank you for holding this important hearing today. I know that there is a lot under consideration, so I will mainly speak and ask questions about TOPA for the sake of an efficient hearing. 

TOPA has existed since 1980 and, despite amendments over the years, has remained resilient as one of the most powerful and effective means of housing preservation and anti-displacement for families in the District. It was created not long after D.C. attained home rule and likewise gives tenants their own means of self-determination by giving them a seat at the table. And TOPA is about so 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. And while some of those negotiations did result in tenant purchases, it is just as important that others resulted in tenants securing continued or even deeper affordability or critical quality of life renovations without being displaced. 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.  

For some people in the District, TOPA is their white whale — they’ve been looking for a way to get rid of it for ages and are taking advantage of worsening economic outlooks. After years of record building and growth, housing construction is slowing in the District, mirroring trends in cities across the country, as we face rising interest rates, economic downturns, and other challenges.  

It is important that we address these challenges and keep building new housing, but the right of tenants to participate in the sale of their homes is needlessly being used as a scapegoat in these conversations. I know this firsthand as I have fought for policies to spur production at every turn – and not once has this conflicted with my commitment to tenants’ rights. And from these experiences, I have seen that housing production policies really do work, and that is where our focus needs to be to increase investment in the District and address the current challenges at hand.  

I know that we can find a way to balance the needs of housing investors and tenants with updates to the law that meet the current moment without gutting a bedrock component of tenant rights in the District. 

Mayor Bowser and I have both put forward proposals to address the challenges that the District is facing, and our proposals actually do have many things in common. We both recognize the need to streamline certain aspects of the TOPA process with common sense reforms that make it work better for tenants, property owners, and investors alike.  

But the places that we diverge are significant.  

As a member of this Committee, I will not vote to approve a bill that places conditions on tenants’ rights to participate in the sale of their home, regardless of if they live in buildings with affordability covenants or higher rents, or one that exempts newly built or renovated buildings for 25 years. Under the Mayor’s proposal, tens of thousands of families in the District would lose their TOPA rights. I have seen estimates saying that this number is around 50,000 and others putting it over 70,000 families.  

I look forward to hearing from residents today about what TOPA has meant for them and how we can improve the process for all. And I look forward to continuing discussions on how to can support housing production in the District.  

Thank you.