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Bill

B 26-0758

Housing Investment Protection Act of 2026

26th Council Period (2025-2026) Introduced by Phil Mendelson

Expands and stabilizes affordable housing by boosting project-based rental subsidies, strengthening tenant protections, and accelerating preservation through TOPA/DOPA reforms.

Referred to Committee on Housing
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WeVote Research Nonpartisan
Bill Summary · B 26-0758

Purpose and intent

  • The Housing Investment Protection Act of 2026 modernizes and strengthens District housing laws to:
    • Support tenants and protect housing investments.
    • Improve court processes related to housing and eviction.
    • Preserve and expand affordable housing opportunities, especially for very low- and extremely low-income residents.
  • Key mechanisms include adjustments to DCHA operations, clearer access rights for housing providers, expanded rental assistance programs, refined TOPA and DOPA provisions, and streamlined eviction procedures.

Summary of key provisions

Housing program and funding provisions

  • DCHA flexibility (Local Rent Supplement Program, L-RSP):
    • Expand project-based Rent Supplement Program (RSP) funding eligibility from 30% to 50% of units, increasing affordable housing supply.
    • Allow transfer of RSP funds between properties when the original property undergoes renovations or repairs, with priority for returning impacted residents.
  • Definitions and eligibility:
    • Adds a new definition for “very low-income” (gross income ≤ 50% of area median income, AMI).
    • Reconfigures “extremely low-income” to include both extremely low- and very low-income categories in several sections.
  • Transfers and new buildings:
    • Clarifies transfers of ownership interests in entities that own housing as exemptions under TOPA/DOPA when new investors join as minority owners, with tenants notified.
    • Defines “New building” for sale/transfer purposes as completed construction within 15 years (with specific criteria for new construction, substantial additions, or re-use).

Rental Housing Act and related changes

  • Access and entry rights:
    • Strengthens a housing provider’s right of entry for repairs and maintenance.
    • Requires providers to have a key or means of access at all times; if locks are changed, tenants must provide updated access within 48 hours.
    • Allows courts to enjoin or impose damages for tenant denial of access.
  • Notices and service:
    • Eviction notices must be served more clearly: by certified mail/trackable delivery, hand delivery, or front-door posting (with posted notices photographed and timestamped).
    • Initial eviction hearings to be held within 60 days for most eviction grounds; expedited timelines for certain cases (e.g., illegal acts or violent crime).
    • Service of eviction-related documents updated to allow electronic notice with the recipient’s written consent.
  • Eviction grounds and procedures:
    • Updates to rules governing evictions related to illegal acts, dangerous crimes, or violence, including expedited hearings within 20 days for some cases.
    • Adds defense to evictions if the crime was committed in self-defense or defense of another; expands list of defenses for tenants.
    • Requires initial hearings on certain eviction claims within 30 days (for specific subsection cases).
  • Protective orders and rent payment:
    • Tenants with vouchers owe only their fair share into protective orders; clarifies “tenant’s portion” of rent in court processes.

TOPA (Tenant Opportunity to Purchase Act) and DOPA (District Opportunity to Purchase Amendment Act)

  • TOPA refinements:
    • Clarifies who can assert TOPA rights by updating the “tenant” definition.
    • Recodifies TOPA definitions and streamline process for purchase certifications and transfer notices.
    • Ensures enforceability of purchase contracts by standardizing information and removing rigid 30-day filing tied to contracts; details to be filed with DHCD remain required.
  • DOPA improvements:
    • Clarifies Mayor’s ability to purchase newer buildings within a 15-year window, expediting purchase to preserve affordable units.
    • Requires affordability covenants to remain in place for the duration of the property; creates an affordability plan within one year of purchase.
    • If Mayor purchases, rents for existing tenants must remain affordable (first 12 months at or below the offer price, then annual adjustments aligned with affordability plan).
  • Notices of transfer:
    • Requires Notice of Transfer to tenants for exempt transfers and ensures mayoral awareness of deals.

Summary Abatement and regulatory updates

  • Registered agent requirements for nonresident rental owners are updated to ensure agents are District residents or located at a District address, aligning notice service with Subchapter IV, Chapter 1, Title 29.

Who would be affected

  • Tenants in rental housing, especially those in project-based assistance, vouchers, or subject to TOPA/DOPA protections.
  • Housing providers and owners, including those managing properties with long-term subsidy contracts and rent-stabilized units.
  • The District of Columbia Housing Authority (DCHA) and the Department of Housing and Community Development (DHCD), which would implement program transfers, oversight, and affordability covenants.
  • Contractors and legal entities involved in housing ownership structures, including inter vivos trusts and corporate entities that own rental properties.
  • Courts and Rent Administrator agencies handling eviction and protective orders.

Procedural and timeline aspects

  • Effective date: The act takes effect after mayoral approval, a 30-day Congressional review, and publication in the DC Register.
  • Eviction timelines are tightened:
    • Initial hearings: generally within 60 days; certain expedited hearings within 20 days for dangerous or violent acts.
    • For specific eviction grounds, initial hearings within 30 days.
  • Notice delivery:
    • Service methods updated to include electronic notices with consent.
    • Front-door posting requires a photographed, timestamped posting.
  • Transfer and purchase timelines:
    • DOPA: affordability plan due within 1 year of purchase; Mayor to purchase within defined windows; certain exemptions clarified for new buildings within 15 years.
    • Rent restrictions tied to affordability covenants and plan durations; enhanced timelines for notices and transfers.
  • Fiscal impact:
    • CFO confirms sufficient funds through 2030 for implementing provisions.
    • Changes are designed to operate within existing resources for DHCD/DCHA and related offices.

If you’d like, I can provide a topic-by-topic table of provisions or a one-page briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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