TENANT OPPORTUNITY TO PURCHASE ACT (TOPA)
The Tenant Opportunity to Purchase Act (TOPA) gives many District of Columbia tenants important rights when the owner of a rental property plans to sell or transfer the property. In many cases, tenants or their tenant association must be given notice of the proposed transaction and an opportunity to organize and potentially exercise their right to purchase the property. For residents of large apartment buildings, TOPA can be especially important because a change in ownership may affect rents, management, building conditions, renovations, and the long-term future of the property.
THE PROPOSED TRANSFER OF OWNERSHIP OF 3003 VAN NESS
June 10, 2026: Equity Residential sent residents of 3003 Van Ness a Notice of Transfer of Ownership Interests in 3003 Van Ness, stating that it planned to transfer ownership of the property from Smith Property Holdings Van Ness L.P., a single-purpose entity owned by Equity, to a new mega-corporation, Vivmark Residential, that would be formed by the merger of Equity Residential and AvalonBay Communities. Equity’s notice claimed an exemption from TOPA, arguing that the transfer was not a sale and was simply an internal company matter, and therefore did not require providing tenants an opportunity to purchase the property. However, the notice acknowledged that the property was being transferred from one entity (Smith) to another (Vivmark), with new shareholders (AvalonBay) owning a majority of the shares, for an estimated value of $111 million.
July 27, 2026: The Van Ness South Tenants Association as an organization, along with Harry Gural as an individual, file an appeal (Petition of Declaratory Relief) of Equity Residential’s claimed exemption from TOPA with the DC Department of Housing and Community Development, Rental Conversion and Sale Division.
August 25, 2026: Equity Residential file a Motion to Dismiss the tenant association’s appeal of the transfer, claiming among other things that the tenant association did not have standing to challenge the transfer.
September 25, 2026: The Van Ness South Tenants Association as an organization, along with Harry Gural as an individual, filed an Opposition to Equity Residential’s Motion to Dismiss VNSTA’s appeal of the transfer of ownership.
September 28, 2026: Equity Residential files a Reply to VNSTA’s Opposition to the Motion to Dismiss.
It is expected that the DC Department of Housing and Community Development will issue an opinion on the proposed transfer and exemption from TOPA by approximately the end of October 2026, if not earlier.
This is an evolving story. More information and case files will appear here as they become available.