Some D.C. affordable housing providers say millions in unpaid rent is threatening their operations. D.C. Mayor Muriel Bowser’s proposed solution could help these landlords stay in business, but tenant advocates argue it would do so at the expense of low-income residents who may face heightened evictions.
Bowser is proposing legislation to permanently reverse pandemic-era housing and eviction protections and add exceptions to the law that gives tenants the right of first refusal to purchase their homes, a move she says would sustain affordable housing amid mounting financial challenges. Critics argue the move would force residents to absorb the city’s housing failures and weaken tenants’ rights at a time when both the cost of rent and homelessness are rising.
Bowser introduced the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act on Feb. 12. If passed as is by the D.C. Council, the act would permanently restore faster pre-pandemic eviction timelines, remove some eviction protections for people applying for rental assistance, expedite the eviction process for tenants arrested or charged with a violent crime near the building, and exempt certain buildings from the Tenant Opportunity to Purchase Act (TOPA).
“Our collective citywide commitment to affordable housing has made D.C. a national model for success. But that hard-won progress is at risk,” Bowser said in a Feb. 12 press release.
The percentage of occupied units in which tenants have outstanding unpaid rent rose from 4% in 2018 to an average of 15-20% in 2024, according to data from the Office of the Deputy Mayor for Planning and Economic Development. According to the data, tenants owed a collective $100 million in rent to affordable housing providers in 2024, and the office expects the number to rise to $147 million in 2025.
The Bowser administration argues that when people living in affordable housing units don’t pay rent, providers may have to reduce maintenance and amenities in an attempt to reduce costs and stay operational. But tenant advocates say while the legislation blames tenants for D.C.’s housing failures, people’s inability to pay rent indicates deeper issues of affordability and poverty that will only be exacerbated by increased evictions.
Rhonda Hamilton, the founder and executive director of M.I. Mother’s Keeper, a local nonprofit focused on increasing families’ access to mental health services, has been advocating for tenants’ rights over the last few years. She said the RENTAL Act is an “attack” on lower-income residents, who are already scared of what effect President Donald Trump’s return to the White House will have on housing and shelter resources.
“Even in the face of the reality that we’re still struggling to provide habitable and safe housing for these tenants, the mayor and the council would have the audacity to actually consider reversing the TOPA understandings,” Hamilton said in an interview after a March 18 rally against the RENTAL Act.
The legislation places restrictions on TOPA, which grants tenant groups the first chance to purchase their buildings when landlords put them up for sale. Under the legislation, tenants in some properties where a majority of the units are used for affordable housing, along with certain newly constructed and renovated properties, would be exempted from TOPA rights. Leases for units the District determines TOPA will not apply to would need to include a written notice informing tenants of the exemption. Bowser’s office says the TOPA restrictions will permit landlords to sell their properties quickly without having to give their tenants notice first, which will encourage housing providers to continue buying and selling properties.
Tenants and advocates gathered outside the Wilson Building on March 18 to protest the RENTAL Act, specifically the revisions to TOPA, which they say should be expanded, not limited.
Barbara Cooper, the president of the tenants association at Marbury Plaza, said tenants have faced persistent threats to their safety and health due to property mismanagement and shifting requirements, like restrictions on certain pets. She said tenants weren’t made aware of their TOPA rights when the building was recently sold, and the new property owner, Clear Investment Group, has not asked for any input from tenants despite making changes to the space and fees.
“We didn’t have an opportunity, because no one ever told us that our property was going to get sold until it was late,” Cooper said in an interview after the rally.
In addition to weakening TOPA, the bill makes it easier for landlords to evict tenants who aren’t paying rent, requiring landlords to give tenants only 10 days’ notice before filing for an eviction, down from the 30-day requirement set during the COVID-19 pandemic. The legislation, if passed, would also lower the minimum time between when a tenant is served an official eviction notice and when they are required to appear in court from 30 business days to 14 calendar days — effectively speeding up eviction processes.
Janine Lind, president of Enterprise Community Development, a mission-focused affordable housing provider, said at a press conference for the bill the number of people who aren’t paying rent rose significantly following COVID-19. She said in 2021, Enterprise dealt with an annual average of a “manageable” $1.3 million in unpaid rent across 17 properties in the District, but in 2024, the number rose to an “unsustainable” $7 million. The deficit makes national lenders less inclined to invest in their projects, which forces providers to consider selling or closing properties and thwarts the growth of additional affordable housing, according to Lind.
“If we don’t implement the measures that are being proposed today, more affordable housing developers will either have to sell some of their properties or actually close their doors,” said Lind. “We will reduce the access to safe and affordable housing in a place people call home.”
Joe Rojas, a political engagement committee member for Metro DC Democratic Socialists of America, which houses the Stomp Out Slumlords advocacy group, said the legislation would make it “even easier to push people out of their homes” when many in the District are already struggling to pay rent and live in poor housing conditions.
The RENTAL Act also proposes to make permanent changes to the Emergency Rental Assistance Program (ERAP), many of which the D.C. Council passed temporarily in September ERAP is a government program that provides one-time financial assistance to tenants who are unable to pay rent, particularly due to unforeseen circumstances. If the bill is passed, courts would be able to allow landlords to evict tenants who have applied for ERAP and may be waiting on the aid to pay past-due rent, though courts could still choose to issue a stay on evictions.
“We oppose it in the strongest possible terms; it’s a money grab for developers and landlords that Mayor Bowser is facilitating,” Rojas said in an interview after the March 18 rally.
Hamilton said the legislation would help landlords at the expense of tenants who are blamed for not paying rent when they’re living in uninhabitable conditions, and many people, particularly federal workers, are losing their jobs.
“It’s important that leaders such as myself show up to empower the tenants, to make sure that they know that they’re not alone, and to make sure that they understand that the standards are too low,” Hamilton said.
For the bill to take effect, the D.C. Council would need to pass the legislation. A spokesperson from Council Chairman Phil Mendelson’s office said he doesn’t expect the council to approve the current version of the legislation in its full form. He said he expects there will be “action” on the bill after the upcoming budget season— oversight hearings for the FY2025 budget are set for between April 4 and May 2 — but before summer recess begins on July 15.
“I’m not predicting that the bill will be approved as introduced,” Mendelson wrote in a statement from his office. “But it’s important that we listen to all the issues, and I have said publicly that I think a number of those issues need to be addressed with some changes in the law.”
