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Council passes Rental Act; amendment exempts most 2–4-unit buildings from TOPA after heated debate
Summary
The Council approved Bill 20-61-164 (Rental Act of 2025) on third reading after passing an amendment from Councilmember Bonds that exempts most 2–4-unit properties from the Tenant Opportunity to Purchase Act (TOPA). The amendment passed by roll call; a later amendment to undo the exemption failed.
The Council of the District of Columbia approved Bill 20-61-164, the Rebalancing Expectations for Neighbors, Tenants and Landlords Rental Act of 2025, on third reading after a lengthy debate over a Bonds amendment that alters TOPA treatment for 2–4-unit properties.
Councilmember Bonds urged colleagues to back her technical fix, saying the change "creates a new carve out in Section 402-3404.10 stating that individual owners of 2 to 4 unit accommodations shall be treated as single family accommodations, and will be made exempt from TOPA." She framed the amendment as a tool to protect small, individual owners and to preserve naturally occurring affordable housing while enabling clear-title closings.
Opponents, including Councilmember Lewis George and others, argued the amendment would strip tenant rights without adequate public input or data. Lewis George said the council was being asked to "lock the door behind" future potential homeowners, urging caution and additional study. Councilmember Fruman and others said the change raised procedural concerns and that more evidence was needed before making a broad exemption affecting thousands of properties.
The Council voted on the Bonds amendment by roll call; the secretary reported the result as nine yeses and four noes and announced the amendment was approved. Councilmember Louis George then brought an amendment to strike the 2–4 unit exemption; that motion failed by roll call (four yes, nine no). The Council proceeded to approve the bill as amended on third reading.
The record during debate included several data points cited by supporters and opponents: a Councilmember referenced an Urban Institute figure of about 6,866 2–4 unit rental properties in the District and said roughly 77% are owned by individuals and 41% are owner-occupied. Opponents questioned how many tenants had exercised TOPA rights in that cohort and urged a dedicated hearing; supporters said notice requirements would remain in place to inform tenants of sales.
The Council concluded consideration of the Rental Act and approved the final bill; the chair announced the meeting adjourned and set the next legislative meeting for Nov. 4 at noon.
