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TOPA: Protection or extortion?

Inadvertently reducing the amount of housing available to renters

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Anita Bonds, gay news, Washington Blade
Anita Bonds, gay news, Washington Blade

Council member Anita Bonds looked into how TOPA went from protecting tenants to hurting homeowners. (Washington Blade file photo by Michael Key)

Last week, I had the privilege of attending my first D.C. Council meeting as part of a contingent of roughly 200 real estate agents, attorneys, tenant advocates and homeowners.

The topic: D.C.’s Tenant Opportunity to Purchase Act (TOPA) of 1980.

The premise of the Act was a noble one. In response to burgeoning gentrification within the District it gave a tenant the first right to purchase the home in which he resided upon being informed by the owner that it was being sold. Notification procedures, transparency requirements and lengthy deadlines would ensure the tenant would have sufficient time to negotiate a contract, obtain financing, and settle on the home.

Embedded in the law was a provision whereby the tenant could transfer her purchase rights to another individual if she chose. What began as an avenue for the tenant to secure a qualified buyer who would allow her to remain or receive a reasonable stipend from the seller to assist her in moving to a new location devolved into a “pay to play” situation.

Real estate agents began to see abuses of the Act. Tenants would seek substantial sums of money for their rights to purchase, which resulted in a new way to earn a living, both for the tenants and for the attorneys who represented them, and often held a sale hostage while negotiations took place.

With the assistance of the District of Columbia Association of Realtors (DCAR), TOPA finally found its way into local television news. A three-part investigative series prompted the D.C. Council, spearheaded by Council member Anita Bonds, to focus on how the law had gone from protecting tenants to hurting homeowners, raising the cost of housing, and reducing D.C. housing stock for the very tenants TOPA was designed to protect.

As a result, a task force made up of real estate agents, attorneys and tenant advocates was formed. Two amendments to TOPA were ultimately sponsored by members of the Council and became the reason we were all seated in Room 500 of the Wilson Building on the morning of Sept. 21.

The TOPA Accessory Dwelling Unit Amendment Act of 2017, sponsored by Council member Bonds and six other members, including Chairman Phil Mendelson, provides for an exemption from TOPA requirements for certain owner-occupied residences with accessory units such as basement apartments, carriage houses and converted garages. It also caps payments to tenants in those units at $1,500.

The Home Sale Facilitation Amendment Act of 2017, sponsored by Council member Brianne Nadeau, reduces the lengthy timelines currently in effect, streamlines the process, and exempts single-family dwellings that are the seller’s primary residence from TOPA requirements.

The Council meeting began with testimony from the co-chairs of the DCAR TOPA Task Force. As local title attorneys, they explained the impact of a confusing and costly process, the difficulty in confirming compliance, and the uncertainty of a timely sale.

Tenant advocates from AARP and the Legal Aid Society spoke out against the amendments, arguing that TOPA promotes homeownership, yet they, the title attorneys, and the real estate agents all agreed that it was seldom that a tenant bought the property they inhabited using the provisions of TOPA.

A homeowner adversely affected by TOPA tearfully told a horror story of renting her home to a family of three who proceeded to allow unauthorized people and pets to live there, broke appliances and fixtures, lived in filth, and failed to report leaks that resulted in mold. Repairs to the property totaled $7,000.

Despite being offered an additional sum to relocate, the tenants refused. The homeowner, who is now retired and living out-of-state on a fixed income, is still unable to complete the sale of her home. Her sentiment, that she would never again rent a D.C. home to anyone, was echoed by others who testified or sent letters to be read into the record.

A local attorney whose business is to seek out tenants who have been served TOPA notices proudly testified that, for a one-third contingency fee, he negotiates an average of $30,000 for the purchase of a tenant’s TOPA rights and often obtains debt forgiveness of up to $20,000. At this point, the audience erupted in anger.

Is it any wonder that people are shying away from renting their D.C. homes and looking for investment property in nearby Maryland or Virginia?  Ironically, in an area where 52 percent of residents are renters, TOPA laws, instead of protecting tenants as intended, are reducing the amount of housing available to them.

So where do we go from here? A mark-up of the proposed amendments, a vote by the Council, and a 30-day review by the U.S. Congress. Stay tuned.

 

Valerie M. Blake is a licensed Associate Broker in D.C., Maryland and Virginia and Director of Education & Mentorship at Real Living| At Home. Call or text her at 202-246-8602, email her at [email protected], or follow her on Facebook at TheRealst8ofAffairs.

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Real Estate

Hidden hazards at home

Professional inspections can help catch safety issues early

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Test smoke detectors monthly and change batteries at least once a year. (Photo by Phonlamaiphoto/Bigstock)

As the spring market hits its stride, we are beginning to see more inventory and an increase in days on the market in parts of the DMV. This may result in professional home inspections becoming routine parts of contract offers again. A thorough home inspection can help catch safety issues early and is an opportunity to learn about the operation and maintenance of items in your home.

Pay attention to flickering lights, frequently tripped breakers, and discolored outlets—these are signs of potential electrical hazards. Outdated wiring, overloaded outlets, and faulty appliances can lead to electrical fires. 

Structural issues are often overlooked until it’s too late. Crumbling foundations, weak or damaged stairs, loose railings, and uneven flooring can cause trips and falls. Water damage from leaks or flooding can weaken the integrity of floors and walls, creating a risk of collapse. 

Toxic chemicals can pose serious threats to health and safety, often without obvious warning signs. Understanding and addressing these risks is crucial for maintaining a safe living environment for you and your loved ones.

Household products such as cleaners, pesticides, air fresheners, and even cosmetics can emit volatile organic compounds (VOCs). These compounds, when inhaled regularly, can cause a range of health issues including headaches, respiratory problems, hormonal disruptions, and in some cases, even cancer. To minimize these risks, homeowners should opt for low-VOC or VOC-free products, ventilate regularly, and consider investing in an air purifier. 

Formaldehyde is another common toxin found in pressed wood products, insulation, and certain paints. Long-term exposure can lead to chronic respiratory problems and has been linked to cancer. 

Radon gas, another possible carcinogen, is prevalent in the DMV. Your home inspector can do a radon test or there are DIY kits available at many hardware stores. If levels are above EPA standards, a professional remediation firm can install a system that extracts the radon and vents it safely outdoors.

Carbon monoxide (CO), a colorless, odorless gas, is produced by gas stoves, heaters, and fireplaces. Exposure can lead to headaches, dizziness, nausea, and even death. Install CO detectors near bedrooms and ensure that all fuel-burning appliances are properly maintained and ventilated. 

Additionally, older homes may still contain asbestos in insulation, floor tiles, or roofing materials. If disturbed, asbestos fibers can become airborne and are highly dangerous when inhaled, leading to serious diseases such as mesothelioma, so when renovating an older home, it’s critical to have materials tested for asbestos before beginning work.

Mold and mildew thrive in damp, poorly ventilated areas such as bathrooms, basements, and around leaky pipes. While some molds are harmless, others can cause allergic reactions or respiratory problems and aggravate conditions such as asthma. Black mold (Stachybotrys chartarum) is notorious for producing mycotoxins that may lead to severe health issues.

Signs of mold include musty odors, visible growth on walls or ceilings, and excessive humidity. Preventing mold growth requires controlling moisture levels—using dehumidifiers and vapor barriers, fixing leaks promptly, and ensuring adequate ventilation. Professional mold remediation may be necessary for severe infestations.

Though banned in residential paints in 1978, lead-based paint still exists in millions of older homes. Lead exposure is especially dangerous for children, causing developmental delays, learning difficulties, and behavioral issues. Adults are not immune – lead can lead to high blood pressure, kidney damage, and reproductive problems.

Even dust from deteriorating lead-based paint can be hazardous. The EPA recommends professional lead testing for any home built before 1978, especially if renovations are planned. Certified abatement professionals can safely remove or encapsulate lead paint.

Improper use of heating equipment, fireplaces, unattended candles, and cooking accidents are common sources of home fires. Smoke alarms and fire extinguishers are essential for early detection and response. Test smoke detectors monthly and change batteries at least once a year.

Homes that are safe for adults may not be safe for children or pets. Small objects, unsecured cabinets, toxic plants, and open staircases can pose significant risks. Childproofing measures such as outlet covers, safety gates, and cabinet locks, along with safe storage of chemicals and medications, are essential precautions.

The good news is that many of these risks can be mitigated with awareness and action. Here are a few simple steps to enhance home safety:

• Conduct a thorough safety audit using checklists available online.

• Ensure proper ventilation to reduce indoor air pollutants.

• Regularly check for leaks and signs of water damage.

• Keep cleaning and chemical products out of reach of children.

• Educate all household members about emergency procedures, including fire escapes and first aid.

Our homes should protect us, not pose threats to our well-being. By identifying and addressing these toxic and unsafe issues, we can transform our living spaces into truly safe havens.


Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.

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Real Estate

April showers bring May flowers in life — and in real estate

Third time’s the charm for buyer plagued with problems

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As Dolly Parton says, ‘If you want the rainbow, you’ve got to put up with a little rain’ (Photo by Rangizzz/Bigstock)

Working in the real estate sector in D.C. can be as uniquely “D.C.” as the residents feel about their own city. On any given day, someone could be selling a home that their grandmother bought, passed on to the relatives, and the transfer of generational wealth continues.  In that same transaction, the beginning steps of building of generational wealth could be taking place.

Across town, an international buyer could be looking for a condo with very specific characteristics that remind them of the way things are “back home.” Maybe they want to live in a building with a pool because they grew up by the sea. Maybe they want a large kitchen so they can cook grandma’s recipes. Maybe they will be on MSNBC once a month and need to have a home office fit for those Zoom sessions where they will be live on air, or recording their podcast.  Perhaps they play the saxophone and want a building with thick walls so they can make a joyful noise without causing their neighbors to file a cease-and-desist order.  

What I found fascinating was getting to know my buyers. Why were they purchasing their property? What did they want to do with it? Was this their grandmother’s dream that they would have a place of their own someday? Did they finally think they would write that award-winning play in the home office?  What dreams were going to be fulfilled while taking part in this transaction?  

Somedays, the muck and paperwork slog of navigating home inspection items and financing checklists could get to be distracting at best, and almost downright disheartening at worst.  

One of my clients was under contract on THREE places before we finally closed on a home. One building was discovered to have financing issues, and the residents were not keeping up with their condo fees. Another building had an issue with the title to the unit, which meant the seller could not sell the home for at least another year until that legal snag was resolved. As the months rolled by, she was losing heart and feeling defeated. When we finally found the third home, everything seemed great – and then about two weeks before the settlement, the rains came down and the windows leaked into the bedrooms.  

Another delay. (Our THIRD). This time, for several more weeks.

I think she wanted to pack a suitcase, go to the airport, get on a plane somewhere and never come back. What ultimately happened? The building repaired the windows, the seller’s insurance replaced the hardwood floors, and she bought her first condo, which she still enjoys to this day.  

As Dolly Parton says, “If you want the rainbow, you’ve got to put up with a little rain.”  And finally, after months of looking, waiting, and overcoming obstacles, the rainbow peeked out from behind the clouds.  


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

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Real Estate

Spring updates to sell your home for pride and profit

Consider new landscaping, power washing, creative staging

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Enhance your curb appeal with fresh landscaping before you sell. (Photo by Elena_Alex_photo/Bigstock)

Selling a home is a big deal for anyone, but for members of the LGBTQ+ community, it comes with unique considerations—from finding affirming professionals to ensuring your home is represented in a way that reflects your values. Whether you’re a first-time gay home seller or a seasoned LGBTQ+ homeowner looking to move up, maximizing your home’s value is key to a successful and empowering sale.

Here’s how to prepare your home, your mindset, and your real estate strategy to get the most value—financially and emotionally—from your home sale.

1. Start with an LGBTQ+-Friendly Real Estate Agent

Before diving into renovations or staging, make sure your agent truly understands your needs. A gay-friendly or LGBTQ+-affirming real estate agent brings more than just market expertise—they bring cultural competence, safety awareness, and a network that supports you throughout the selling process.

At GayRealEstate.com, you can find experienced, vetted LGBTQ+ real estate agents who have been proudly serving the community for over 30 years. Working with someone who shares or supports your identity ensures your selling journey is respectful, inclusive, and effective.

2. Enhance Curb Appeal—With a Welcoming Vibe

The outside of your home is the first impression a potential buyer gets. Make it count—especially for LGBTQ+ buyers looking for a home that feels safe and welcoming.

  • Fresh landscaping: Add colorful flowers, neatly trimmed shrubs, or low-maintenance greenery to appeal to eco-conscious buyers.
  • Update the entrance: A new front door, stylish lighting, or even a rainbow doormat can make your home feel like a safe space from the start.
  • Clean and repair: Power wash the exterior, touch up paint, and make any necessary repairs to gutters, windows, or siding.

3. Stage with Intention and Inclusivity

Home staging can add thousands to your sale price. But beyond the usual decluttering and neutral palettes, think about how your space tells a story—and who it’s telling it to.

  • Create a warm, inclusive feel: Subtle touches like LGBTQ+ art, books, or even coffee table magazines can show off your personality and affirm the space for queer buyers.
  • Depersonalize—but don’t erase: You don’t need to hide your identity to appeal to buyers. Let your home feel lived in and loved—while still being a blank canvas others can imagine themselves in.
  • Highlight multi-use areas: Home offices, gender-neutral nurseries, or flex spaces resonate with LGBTQ+ families and professionals.

4. Update Kitchens and Bathrooms Strategically

These rooms matter most to buyers—and even small updates can yield big returns.

  • Kitchen: New cabinet hardware, a fresh backsplash, and modern lighting can elevate the entire room without a full remodel.
  • Bathroom: Replace old fixtures, re-caulk tubs and sinks, and add plush towels and inclusive décor.
  • Energy-efficient upgrades: Touchless faucets, smart appliances, or low-flow toilets are not only trendy—they signal sustainability, which matters to LGBTQ+ buyers.

5. Make Your Home More Energy Efficient

LGBTQ+ homebuyers often prioritize sustainability. These updates not only reduce energy bills but make your home more marketable.

  • Install a smart thermostat (like Nest or Ecobee)
  • Upgrade insulation or windows
  • Consider solar panels (especially in sun-drenched regions like California or Florida)

Bonus: You may qualify for state or federal tax credits, which can be a great selling point.

6. Know and Advocate for LGBTQ+ Housing Rights

Although housing discrimination is illegal under the Fair Housing Act, it still happens. As an LGBTQ+ seller, be aware of your rights—and those of potential buyers.

  • Avoid steering or bias: Even with good intentions, make sure you’re not inadvertently influencing who views or buys your home based on identity.
  • Work with affirming professionals: From inspectors to lenders, choose partners who support inclusive practices.
  • Report discrimination: If you or a buyer encounters bias, report it to HUD or your local housing authority.

7. Price Your Home Right—and Market It Smartly

Setting the right price is essential to maximizing value. Your LGBTQ+-friendly agent can run a comparative market analysis, considering current trends and buyer demographics.

  • Leverage LGBTQ+ real estate networks: Promote your home through platforms like GayRealEstate.com to reach an audience that understands and values your space.
  • Use inclusive language in listings: Avoid gendered terms or heteronormative assumptions. Instead of “his and hers closets,” use “dual walk-ins” or “double closets.”
  • High-quality photos and video tours: Showcase your home with professional, visually inclusive marketing that appeals to diverse buyers.

8. Consider Timing and Local LGBTQ+ Trends

Selling during WorldPride or just before local LGBTQ+ events may boost visibility. Also consider if you’re in or near an LGBTQ+ friendly city or neighborhood.

Not sure which areas are top destinations? GayRelocation.com tracks and shares the best cities for LGBTQ+ homebuyers, helping you tap into motivated buyers.

Final Thought: Sell with Confidence—and Community

Selling your home isn’t just about getting top dollar—it’s about closing a chapter with pride and integrity. When you center your values, work with LGBTQ+ affirming experts, and prepare your home with purpose, you’re not just maximizing your home’s value—you’re creating an empowering experience for yourself and the next owner.

Whether you’re buying, selling, or both—GayRealEstate.com is your trusted partner in every step of your journey. With a nationwide network of gay and lesbian realtors, decades of experience, and deep community ties, we ensure your home transition is safe, smart, and full of pride.

 GayRealEstate.com is the nation’s leading online platform connecting LGBTQ+ home buyers and sellers with LGBTQ+ friendly real estate agents, ensuring a safe and supportive experience.


Scott Helms is president of GayRealEstate.com. To find an agent or learn more, visit GayRealEstate.com, GayRelocation.com or call 1-888-420-MOVE.

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