Equity Residential Seeks Dismissal of VNSTA TOPA Challenge

Equity Residential has filed a Motion to Dismiss the Van Ness South Tenants Association’s challenge to Equity’s claim that the proposed transfer of ownership involving 3003 Van Ness is exempt from the Tenant Opportunity to Purchase Act (TOPA).

Equity argues that VNSTA lacks standing to challenge the transfer of ownership to Vivmark Residential, the new company resulting from the merger of Equity Residential and AvalonBay. It also argues on the merits that the transaction is not a “sale” under TOPA because Equity owns interests in numerous properties and 3003 Van Ness is not its “sole or principal asset.”

VNSTA disputes both arguments. Equity’s own Notice of Transfer states that it owns approximately 97.6% of Smith Property Holdings Van Ness LP that owns 3003 Van Ness, that former AvalonBay shareholders are expected to own the majority of the combined company after the merger, and that the transaction assigns approximately $111.5 million to the ownership interests associated with 3003 Van Ness.

VNSTA will file a response opposing Equity’s request for dismissal and asking that its TOPA challenge be heard. The deadline for the filing is September 25.

Attorney Richard W. Luchs of Greenstein DeLorme & Luchs, who for decades has handled TOPA cases and sought ways around TOPA for industry interests, will represent Equity Residential.

Read Equity Residential’s Motion to Dismiss.

Tenant association challenges Equity's proposed transfer of ownership of 3003 Van Ness

The Van Ness South Tenants Association today filed a Petition for Declaratory Relief to the DC Department of Housing and Community Development, challenging Equity Residential’s claim that it can transfer ownership interests associated with 3003 Van Ness without giving residents their legal right to consider purchase of the property via the Tenant Opportunity to Purchase Act (TOPA). Under TOPA, when an apartment building is put up for sale, a tenant association general must be given the first opportunity to purchase it.

The introduction to the Petition states:

“The Van Ness South Tenants Association and Harry Gural, individually, hereby challenge Equity Residential’s claim that the proposed transfer of ownership interests associated with the 625-unit apartment complex at 3003 Van Ness Street, NW, does not constitute a sale under the Tenant Opportunity to Purchase Act (TOPA). If Equity’s claimed exemption is upheld, residents will be denied the rights that TOPA provides when an apartment building is sold.”

The apartment building at 3003 Van Ness is owned by Smith Property Holdings Van Ness, a limited partnership. Smith is owned by another company, which is owned by another, which is owned by another, which is owned by another, which is owned by another (etc.), which is owned by Equity Residential.

Equity Residential is undergoing is undergoing a. merger with AvalonBay Communities, which will together form a rental housing giant under the name Vivmark Residential. Equity hopes to transfer ownership to the newly merged company, assigning a value of $111 million to the property, with current AvalonBay shareholders owning the majority of shares in the merged company. Nevertheless, Equity claims that the transfer is not a sale.

The Van Ness South Tenants Association’s Petition argues that the transaction constitutes a sale under TOPA and that residents therefore must be afforded the rights provided under the Tenant Opportunity to Purchase Act.

Read the Petition for Declaratory Relief.

Tenant association files notice of intent to challenge Equity's proposed transfer of ownership

The Van Ness South Tenants Association today filed a Notice of Intent to File Petition of Relief with the DC Department of Housing and Community Development. The notice announces the tenant association’s intention of challenging Equity Residential’s proposed transfer of the ownership rights of 3003 Van Ness, which Equity claims is not a sale under the Tenant Opportunity to Purchase Act (TOPA).

Tenant associations often use their TOPA rights to negotiate for for better living conditions. Given the serious and chronic problems residents of 3003 Van Ness have experienced under Equity Residential’s management, they hope to see substantial improvements - whether under a new owner, or if they purchase the building themselves.

The Notice of Intent to File Petition of Relief states:

“The Van Ness South Tenants Association hereby gives notice of its intent to file a timely Petition for Relief challenging the claimed exemption from the Tenant Opportunity to Purchase Act (TOPA) contained in the Notice of Transfer of Ownership Interest dated June 10, 2026 (attached).”

“We believe that the claimed exemption from TOPA raises substantial questions regarding whether the proposed transaction constitutes a sale under the Rental Housing Conversion and Sale Act.”

Read the entire Notice of Intent to File Petition of Relief.

Equity Residential announces that it plans to transfer ownership of 3003 Van Ness

Equity Residential today placed Notices of Transfer of Ownership Interest in front of the apartment doors of residents of 3003 Van Ness, announcing that it plans to transfer ownership of the building to the new company that will be formed as the result of Equity’s planned merger with AvalonBay Communities. Residents were largely suprised and puzzled by the meaning of the announcement.

3003 Van Ness is actually owned by Smith Property Holdings Van Ness, a limited partnership. Equity owns layers of companies that ultimately own Smith. Equity tells the tenant association that the proposed transfer of ownership interests in 3003 Van Ness is just a formality.

However, the Notices of Transfer distributed to residents today actually is announcement that Equity is claiming an exemption from the Tenant Opportunity to Purchase Act, a DC law which states that a tenant association generally must be given an opportunity to purchase an apartment property before it is sold.

The Van Ness South Tenants Association plans to study the Notice of Transfer to see if the proposed transfer actually qualifies for an exemption from TOPA.

Read Equity Residential’s June 10, 2026 Notice of Transfer of Ownership Interest.