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What D.C. landlords, tenants should know about TOPA

Renters have right to purchase properties when owners decide to sell

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TOPA, Real estate, trends, gay news, Washington Blade

Pursuant to D.C.’s Rental Housing Conversion and Sale Act of 1980, commonly known as TOPA, D.C. residential tenants are provided with certain special rights.

By DAVID A. RAHNIS

Pursuant to the District of Columbia’s Rental Housing Conversion and Sale Act of 1980, as amended (D.C. Law 3-86, Section 42-3401.01 et seq. 2001, commonly known as “TOPA”), D.C. residential tenants are provided with certain special rights.

Before the owner of a tenant-occupied housing accommodation can sell the accommodation, the owner must first provide the tenant or tenants with the opportunity to purchase that residence.  In essence, owners of residential property in D.C. who rent the property to tenants own their real estate subject to tenant TOPA rights. TOPA applies to multi-unit apartment buildings and to “single family accommodations”, which includes single-family homes and condominium or cooperative apartment units.  TOPA does not apply to hotels, motels or other structures used for transient occupancy.

Under TOPA, prior to the sale of a housing accommodation, the owner must send, by first class mail, a written offer of sale to each tenant and the Mayor of the District of Columbia.  The bona fide offer of sale must contain the asking price, a statement that the tenant has the right to purchase the accommodation, the material terms of the sale as well as certain specific representations.  An owner of an accommodation may not request a waiver of the right to receive an offer of sale.  The D.C. Department of Housing and Community Development publishes TOPA tenant notice and offer of sale forms on its website.  The forms vary depending upon whether the property owner already has a third party contract in place and how many units are included within the housing accommodation.  In most cases, notices to tenants occur after an owner has already reached an agreement with a third party purchaser and the sale terms have been established.  The timeframes during which the parties are required to take action vary depending upon the type of housing accommodation involved.

In the case of a single-family home, condo or coop unit, upon receipt of the written offer of sale, the tenant has 30 days to provide a written statement of interest to purchase the property to both the owner and the mayor.  If the tenant fails to timely provide a written statement of interest, the tenant’s rights under the offer of sale will expire.

If the tenant does submit a written statement of interest to purchase, the tenant has a minimum of 60 days from the date of submission to negotiate a contract of sale with the property owner.  The negotiation period may be extended if the owner fails to furnish the tenant with specific required information. TOPA also provides the tenant with not less than 60 days from the date of contracting to secure financing. Under certain circumstances, the owner may be obligated to provide the tenant with an extension of time to obtain financing.  Furthermore, the tenant has a separate 15-day absolute right of first refusal to match any third-party contract to purchase the accommodation, which right cannot be waived. This means, for example, that the 60-day negotiation period described above may be extended by 15 days if the owner enters into a contract with a third party during the negotiation period.

If the owner has not sold or contracted for the sale of the accommodation within 180 days from the date of a valid offer of sale, the owner must once again comply with the requirements of TOPA, including the issuance of a new offer of sale to each tenant and the mayor. Also, it should be noted that if an owner contracts to sell the accommodation to a third party at a purchase price more than 10 percent less than the price offered to the tenant (or for other terms which constitute not bargaining in good faith), the owner is required to provide a new offer of sale to the tenant and the mayor.

TOPA contains additional tenant protections.  For example, tenants are not required to demonstrate their financial ability to actually purchase the accommodation prior to entering into a contract.  In addition, TOPA allows tenants to assign their rights to purchase to a third party (e.g., a developer).

However, there are several exceptions to the applicability of TOPA. An inter-vivos transfer between spouses, parent and child, siblings, grandparent and grandchild or domestic partners is not considered to be a “sale” subject to TOPA. Also, a transfer of legal title into a revocable trust, without actual consideration for the transfer, and where the transferor is the current beneficiary of the trust is not considered to be a “sale” under TOPA.

The TOPA statute is specific with respect to the parties that need to be notified and the timing of each notice. Moreover, TOPA states that third-party purchasers are presumed to act with full knowledge of these extensive tenant protections. Residential property owners, buyers and tenants all need to be aware of TOPA’s requirements in order to assure that all parties’ expectations are met when leased residential property is sold in D.C.

This is part of a series of monthly articles by Jackson & Campbell on legal issues of interest to the LBGT community. Jackson & Campbell is a full-service law firm based in Washington with offices in Maryland and Virginia. If you have any questions regarding this article, contact David A. Rahnis at 202-457-1673 or [email protected]. If you have any questions regarding our firm, please contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 or [email protected]. The contents of this article are intended for general informational purposes only and should not be considered legal advice.

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Real Estate

Spooky Pride: Thrifty LGBTQ Halloween decor tips for your rental

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Throw a pumpkin-carving party in your building to celebrate the season. (Photo by mr. Smith/Bigstock)

Halloween is the perfect time to show off your creativity and embrace both the spooky and fabulous. For LGBTQ renters, it’s an opportunity to infuse your space with festive flair that reflects both pride and personality — without breaking the bank. Whether you’re hosting friends for a ghoulish gathering or simply decking out your apartment for some solo seasonal fun, we’ve got you covered with budget-friendly, LGBTQ-inspired decorating tips that bring glam, style, and inclusivity to your haunted home.

1. LGBTQ Symbols and Colors. Rainbow-Inspired Decorations: Incorporate rainbow-colored string lights, garlands, and flags into the Halloween decor. This can be paired with classic black and orange Halloween colors to create a unique, inclusive aesthetic.

Pride Pumpkins: Paint pumpkins in rainbow or trans Pride flag colors or carve designs like hearts or symbols of equality to mix Halloween with LGBTQ pride.

2. Drag Queen-Inspired Glam. Glitter and Glam: Draw inspiration from drag queens by adding glamor to Halloween decor. Use metallic streamers, sparkling skulls, and shimmery fabrics for a fabulous touch.

DIY Drag Masks: Create or purchase affordable masks with feathers, sequins, and bold colors for a decorative wall or window display, which can also double as party favors.

3. Inclusive Horror Icons. Iconic Figures: Use LGBTQ-friendly horror icons like Elvira, Divine (from “Pink Flamingos”), or characters from “Rocky Horror Picture Show” in posters or costumes. They add a campy, queer edge to Halloween décor.

DIY Posters or Cutouts: Print out photos or posters of these characters and frame them inexpensively to give your apartment a bold statement piece.

4. Thrifty Decorating Tips. Up-cycled Decor: Thrift stores are a great resource for inexpensive Halloween props — like old frames, candle holders, and vases—spray paint them black or gold for a spooky and chic feel.

DIY Spooky Lanterns: Repurpose mason jars or old glass containers by placing battery-operated LED lights or tea lights inside. Decorate the outside with stickers or painted-on spooky designs like bats, pumpkins, or cobwebs.

Black Lace on a Budget: Drape black lace or fishnet fabric (found cheaply at fabric stores) over tables or lampshades for an eerie, gothic vibe.

5. Queer-Friendly, Sustainable Alternatives. Eco-Friendly LED Lighting: Encourage the use of LED lights in purple, orange, or green. Not only are they energy-efficient, but they’re safer for apartments that may have limitations on open flames or outlets.

Plant-Based, Vegan Candles: For a spooky, cozy vibe, suggest plant-based, cruelty-free candles. Opt for scents like pumpkin spice or cinnamon for a seasonal touch without compromising on values.

6. Community Engagement. Collaborative Building Decor: Suggest organizing a building-wide LGBTQ-friendly Halloween decorating contest where neighbors can share resources and collaborate. This fosters community spirit and makes decorating more fun and budget friendly.

Host a Pumpkin-Carving Party: Recommend throwing a pumpkin-carving event, allowing friends and neighbors to come together for a fun, budget-friendly activity.

Halloween is a time to unleash your creativity, and with these thrifty LGBTQ decorating tips, you can transform your rental apartment into a spooky, Pride-filled haven. From rainbow pumpkins to drag queen glam and up-cycled decor, these ideas prove that you don’t need a huge budget to make a big impact. 

So, whether you’re hosting a Halloween party or just want to embrace the spooky season with a queer twist, these decorating tips will help you celebrate with flair and Pride. And remember, Halloween is about having fun, being unapologetically yourself, and expressing your unique identity—because in the end, there’s nothing scarier than not being true to who you are. 


Scott Bloom is owner and Senior Property Manager, Columbia Property Management. For more information and resources, visit ColumbiaPM.com.

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Real Estate

Avoiding the basement blahs

Renovating a lower level can add significant value to your home

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Basement renovations often include home gyms or movie theaters. (Photo by pics721/Bigstock)

Sadly, we have waved goodbye to summer and are now slowly shifting from enjoying outdoor activities to things we can do indoors. If you are lucky enough to have a basement, renovating it into livable space can be a great winter project to dramatically increase the functionality and value of your home. 

Basements come with unique challenges due to their location below ground level, and overlooking critical aspects can lead to long-term problems. They are particularly vulnerable to dampness. Failure to address moisture can lead to mold growth, structural damage, and health hazards.

To tackle moisture control, start by checking for water leaks or seepage through the walls and floor. If moisture is present, you may need to apply waterproofing solutions to the exterior or interior walls of your home. Installing a vapor barrier is advisable to prevent condensation from damaging insulation and walls.

Make sure the basement has proper drainage systems, such as a sump pump and foundation drainage. The sump pump can remove water that collects around the foundation, while an effective drainage system redirects water away from the home. Installing a dehumidifier can also help. 

Basements also tend to be colder than the rest of the house. Proper insulation in the walls and floor helps regulate temperature, reducing heating costs in winter and maintaining a cool, comfortable, and energy efficient environment in summer. Insulating the ceiling can reduce noise transfer between the basement and the upper floors, making the space quieter and more private.

Before any significant work begins, it’s crucial to assess the basement’s structural integrity. This includes checking the foundation for cracks or signs of shifting, which could indicate a bigger problem, particular with the plethora of old houses in the area.

If you notice any large cracks or signs of movement, consult a structural engineer or foundation expert to determine whether repairs are needed. Small cracks can be sealed, but larger ones may require reinforcement or more extensive foundation work.

Depending on local building codes, you may need to install egress windows if you are adding bedrooms or turning the basement into a rental unit. Egress windows provide an escape route in case of emergencies and allow more natural light to enter the space, making it feel more welcoming.

When adding a bathroom or kitchen, you’ll find that installing plumbing in a basement can be more challenging because of the need to pump wastewater upwards. You may need a macerating toilet system or a sewage ejector pump to manage this. I learned this the first time I found that, contrary to what we have been told, water can indeed travel up.

Adding more outlets, lighting, appliances, and ventilation systems may necessitate electrical upgrades. Since basements are often unfinished, you may have exposed wiring, which should be properly enclosed or rerouted to meet code. Depending on the scope of the renovation, you might need to upgrade your home’s electrical panel to handle the increased demand.

Proper ventilation is often overlooked in basement renovations but is essential for maintaining air quality and preventing the buildup of stale air or harmful gases. Installing mechanical ventilation, such as an HRV (Heat Recovery Ventilator) or an ERV (Energy Recovery Ventilator), can help ensure a consistent flow of fresh air in the basement.

Radon, a naturally occurring radioactive gas, can enter homes through cracks in the foundation. Since radon exposure is a leading cause of lung cancer, it’s wise to test for it before beginning the renovation. If elevated levels are detected, you may need to install a mitigation system.

Once the technical aspects are addressed, focus on creating a functional and aesthetically pleasing layout. The design of your basement will depend on how you plan to use the space, whether it’s a guest room, home theater, office, workout area, or game room.

Since natural light is limited in basements, it is important to plan your lighting carefully. Recessed lighting is a popular choice because it doesn’t take up ceiling space, but you should also consider adding floor lamps and sconces to make the space feel brighter and more inviting.

Choose flooring that can withstand moisture, such as vinyl planks, tile, or sealed concrete. Since basements can double as storage areas, consider incorporating built-in shelving, closets, or under-stair storage to maximize the available space.

Whether doing it yourself or hiring professionals, renovating a basement is a rewarding project that can add significant value to your home, but it comes with challenges. From moisture control and insulation to plumbing and air quality, careful planning is crucial to ensure a comfortable, functional, and safe space to enjoy indoor hobbies and emerge from winter free from the Basement Blahs.


Valerie M. Blake is a licensed Associate Broker in DC, MD & VA with RLAH Real Estate / @properties. Call or text her at (202) 246-8602, email her at DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs

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The new kids on the block

Homeowners now entering market on own terms

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(Photo by Maridav/Bigstock)

As interest rates begin to cool off for the first time in a few years, prospective “first time homebuyers” may have their wheels spinning again about whether it’s a good idea to buy a home. Still, the idea of home ownership may feel out of reach for some; historically, the prevalence of homeowners has been low in certain subsets of the population. It wasn’t until the 1900’s that laws were enacted to grant women and people of color equal access to property ownership:

1968: The Fair Housing Act prohibited discrimination in home buying, homeownership, and rental real estate based on sex, race, religion, and other protected classes. 

1974: The Equal Credit Opportunity Act (ECOA) prohibited discrimination in consumer credit practices based on sex, marital status, and other factors. This made it easier for women to buy homes by allowing them to apply for loans and credit without a male co-signer. 

Even with these laws in place, socioeconomic disparities and lack of access to generational wealth have slowed progress in this area. Generational wealth occurs when resources are passed on to family members when the family homeowner or the head of household passes away. In areas like D.C. this type of asset can be worth hundreds of thousands of dollars, and can be used to pay off student loans, help younger members of the family purchase their first or second homes wherever they live, or be invested in other ways. 

While this may have been the key to buying property in the past, people today are pursuing homeownership for themselves and their own means — especially women. Many real estate agents in the D.C. metro area can testify that they are working with individuals who are the first in their family — and often the first woman in their family — to buy a home. The days of waiting until marriage to invest in property are slipping away; these days people marry later, may not stay married, or may choose not to marry at all. “I didn’t consider buying a home at first, because I didn’t really see myself as a “typical” homeowner; I was single and wasn’t sitting on a stockpile of cash,” says Jordyn White, a D.C. resident who bought her first home at 29. “A trusted friend encouraged me to explore first-time homebuyer programs, and I’m glad I did. My monthly mortgage payment is similar to what I would likely pay to rent in the same area, and now I have created a path to generational wealth for my children.”

The rates of homeownership for people of color and women are steadily rising. A 2023 Pew Research Center survey using 2022 census data found that single women owned 58 percent of the nearly 35.2 million homes owned by unmarried Americans, while single men owned 42 percent. Single homeowners have peace of mind in knowing that they own assets by themselves.  

Compass real estate agent Katri Hunter has helped many of her clients buy their first home. She reports, “I find more and more that I have single clients that approach me in their early/mid-30’s and say that they thought they would be buying their first property with a significant other and then decided to take things into their own hands … I tell people all the time to consult an estate planner when and if they do decide to get married to discuss pre-marital assets and keeping those in their own name. I think people really take more pride and ownership buying property on their own rather than something they dread.”

Katri Hunter can be reached at [email protected]. Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected]

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