What is the Tenant Opportunity to

Purchase Act or TOPA?

What is the Tenant Opportunity to

Purchase Act or TOPA?

The Tenant Opportunity to Purchase Act (TOPA) is a law that says a landlord who wants to sell a multi-family rental building in DC must first give their tenants the chance to purchase the building.

TOPA Options

Under TOPA, tenants must agree as a group on how they want to use their TOPA rights. They do this by forming a tenant association. Tenants then have the option to decide as an association to use their TOPA rights to either purchase the property themselves, or decide who purchases it and under what terms. Listed below are the ways the tenant association can choose to exercise their TOPA rights:

Continue Renting

Tenants can give their right to purchase the building to a buyer of their choice. In exchange, they can negotiate for rent protections, repairs, and other benefits.

Purchase a Building by Forming a Co-op

Tenants can purchase and manage the building as a group by forming a co-op. In this option the co-op is a corporation that owns the building and each tenant is a member of the co-op that owns a share of the corporation.

Purchase a Building by Converting to Condo

Tenants can form a condo and buy the property by each buying their own unit.

Negotiate Other Move Out Option

Even if you would like to move out, participating in a tenant association can help your neighbors to secured their preferred option and gives you the power to negotiate timing and compensation for moving out.

If your building is up for sale, you still have the right to stay through a sale, and to keep your existing leases. You do not have to move or sign a new lease during this time.

TOPA Options

Under TOPA, tenants must agree as a group on how they want to use their TOPA rights. They do this by forming a tenant association. Tenants then have the option to decide as an association to use their TOPA rights to either purchase the property themselves, or decide who purchases it and under what terms. Listed below are the ways the tenant association can choose to exercise their TOPA rights:

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Purchase a Building by Forming a Co-op

Tenants can purchase and manage the building as a group by forming a co-op. In this option the co-op is a corporation that owns the building and each tenant is a member of the co-op that owns a share of the corporation.

Purchase a Building by Converting to Condo

Tenants can form a condo and buy the property by each buying their own unit.

Negotiate Other Move Out Option

Even if you would like to move out, participating in a tenant association can help your neighbors to secured their preferred option and gives you the power to negotiate timing and compensation for moving out.

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If your building is up for sale, you still have the right to stay through a sale, and to keep your existing leases. You do not have to move or sign a new lease during this time.

TOPA Benefits

TOPA is one of DC’s critical tools for addressing the lack of affordable housing, preventing the displacement of DC residents, and giving tenants a voice in what happens in their neighborhoods. Since TOPA was enacted in 1980, the law has:

Created and Preserved Affordable Housing

According to a recent study by CNHED, 16,224 units of affordable housing have been created or preserved over the last 20 years through the TOPA Process.

Given Tenants Bargaining Power

TOPA creates opportunities for tenants to form tenant associations and to voice their desires about their housing. These tenant associations give the tenants an organized and democratic way to make decisions and advocate for their housing needs.

Prevented Displacement of Lower Income and Elderly Tenants

When tenants are able to negotiate a contract that allows their rent prices to remain affordable, or are able to become owners of their buildings, they have the ability to stay in their homes even in cases where housing prices rise in their neighborhoods.

Improved the Quality of Affordable Housing

Tenants who exercise their TOPA rights have the power to negotiate a plan that ensures improvement in the quality of their buildings, which oftentimes are older and in need of repair.

TOPA Benefits

TOPA is one of DC’s critical tools for addressing the lack of affordable housing, preventing the displacement of DC residents, and giving tenants a voice in what happens in their neighborhoods. Since TOPA was enacted in 1980, the law has:

Created and Preserved Affordable Housing

According to a recent study by CNHED, 16,224 units of affordable housing have been created or preserved over the last 20 years through the TOPA Process.

Given Tenants Bargaining Power

TOPA creates opportunities for tenants to form tenant associations and to voice their desires about their housing. These tenant associations give the tenants and organized and democratic way to make decisions and advocate for their housing needs.

Prevented Displacement of Lower Income and Elderly Tenants

When tenants are able to negotiate a contract that allows their rent prices to remain affordable, or are able to become owners of their buildings, they have the ability to stay in their homes even in cases where housing prices rise in their neighborhoods.

Improved the Quality of Affordable Housing

Tenants who exercise their TOPA rights have the power to negotiate a plan that ensures improvement in the quality of their buildings, which oftentimes are older and in need of repair.

Examples of TOPA

“I can’t speak to the preservation of the city and my culture in the city if I’m not here. TOPA is preserving our ability to be here. It’s also raising our consciousness in the community around organizing.”

ChelseaDee Harrison
Board Secretary, 11 Nicholson St NW Co-op

TOPA Option: Continue Renting

The New Beginnings Tenant Association exercised their TOPA rights to select an affordable housing developer to buy and renovate their building. Learn more about their journey >

TOPA Option: Form a Co-op

The tenants at 1498 spring place formed a tenant association and decided to exercise their TOPA rights to form the Kara House limited equity cooperative. Learn more about their journey >

Get Involved

Exercise Your TOPA Rights

As a DC resident you have rights under TOPA to decide the future of your housing. Knowing your rights and what resources are available to you gives you the power to protect and improve your housing in the event your building goes up for sale. Use the resources in the section below to familiarize yourself with your rights and the organizations that offer assistance in guiding you through the TOPA process.

If you are a tenant in a building that is currently up for sale and need more support, be sure to download the resources below or click the ‘get support’ button to connect to organizations who can provide more extensive support throughout the TOPA process.

Get Support

Advocate for Your TOPA Rights

While TOPA is a critical tool for creating and preserving affordable housing in the District, there are gaps in funding and support that make it more difficult for tenants to access their TOPA rights. We are working in partnership with other affordable housing providers and policymakers to ensure that those gaps are closed and that TOPA rights remain in place for all DC residents.

Click the ‘support’ button to see how you can join us in holding our government accountable to provide the critical funding and policy support it needs to fully realize its fundamental purpose of building tenant power and preventing displacement.

Advocate

TOPA Resources