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DC's TOPA overhaul is running without the advisers it requires

District of Columbia · Regulation

DC's TOPA overhaul is running without the advisers it requires

The statute that governs how District rental buildings become cooperatives now depends on a class of certified advisers who did not exist when it took effect. The Department of Housing and Community Development's published guidance on the RENTAL Act, issued in January 2026, states the position plainly: “Currently, there are no certified providers.”1

DHCD must promulgate regulations within 180 days of the Act. Practitioners advising on the District market have put the realistic timeline for a full rulemaking at two years or more, with interim guidance in between.

What the guidance establishes

A notice deadline that has passed. Owners of accommodations of five or more units claiming one of the new exemptions — new construction built in the last 15 years, DC Housing Authority properties, congregate housing, dormitories and assisted living, or a change of ownership interest within a partnership — had to tell tenants. In DHCD's words, “This notice must be sent to tenants, by any delivery methods, by March 31, 2026.” The agency published no form for it, supplying model language instead.

Filings move to email. DHCD now accepts TOPA filings at a dedicated address, with file-review letters at another. Posting and certified-mail service to tenants are still required.

Existing forms remain sufficient. Updated Notice of Transfer forms are described as available soon; until then, “the existing forms are sufficient to claim the new exemptions.”

The cooling-off period bites hardest where there are no providers. Tenant organisations in buildings of five or more units must wait 45 days before assigning purchase rights — unless counselled by a certified tenant support provider. With none certified, the waiting period is, for now, unavoidable.

Burden of proof sits with the owner. Any claimed exemption is the owner's to establish, and a rebuttable presumption of a sale arises where a required Notice of Transfer is not given or is materially misleading.

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Related District of Columbia HOA Topics

← All District of Columbia HOA Topics

  1. DHCD, RENTAL Act Frequently Asked Questions (January 2026) ↩
  2. DHCD, Tenant Opportunity to Purchase Act program page ↩
  3. D.C. Law 26-80, the RENTAL Amendment Act of 2025 — the certification provisions at §§ 42-3404.02c and 42-3404.02d ↩

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