The Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act of 2025 (B26-0164) (“RENTAL Act”)
On September 17, 2025, the District of Columbia City Council (the “Council”) passed the RENTAL Act by a vote of 10-3 in favor (Councilmembers Trayon White, Sr., Brianne K. Nadeau and Janeese Lewis George voting against). Introduced on March 3, 2025, by City Council Chairman Phil Mendelson at the request of Mayor Muriel Bowser, the RENTAL Act addresses several issues confronting the Superior Court’s Landlord and Tenant Branch and makes significant changes to the District of Columbia’s Tenant Opportunity to Purchase Act. At the Legislative Meetings held on July 28 and September 17, 2025, the City Council voted on several amendments, and at the Legislative Meeting held on October 21, 2025, a motion to reconsider the RENTAL Act was unanimously approved and 2 additional amendments considered. Ultimately, on October 21, 2025, the City Council approved a re-enrolled original version of RENTAL Act by the same 10-3 vote in favor of passage. Transmitted to Congress on November 17, 2025, the final (re-enrolled) version of the RENTAL Act significantly differs from Mayor Bowser’s original draft, the result of lobbying by both landlord and tenant stakeholders. A copy of the final (re-enrolled) version may be found here.
I. Amendments to Landlord and Tenant Law and Landlord and Tenant Court Operations
- Discretion for Dismissal of Landlord and Tenant Cases for Defective Notices
(D.C. Code §42-3505.01(a)(4) and D.C. Code §16-1501(d))
Prior to commencing an action for possession of residential rental property, a landlord must issue one of the statutorily mandated notices (e.g., Notice of Past Due Rent, Notice to Correct or Vacate, Notice of Illegal Activity, Notice to Quit for Personal Use and Occupancy, Notice of Discontinuance of Housing Use, etc.). See generally D.C. Code §42-3505.01. Currently, if a landlord (i) fails to issue such notice, (ii) files the action for possession before expiration of the notice period, (iii) fails to provide the Landlord and Tenant Court with a date and timestamped photo of such notice if the notice was served by posting and mailing, or (iv) in cases where the landlord knows the tenant speaks a primary language other than English or Spanish, fails to provide the notice in such primary language if such language is covered by the District of Columbia’s Language Access Act, as amended, and codified at D.C. Code §2-1933, the Landlord and Tenant Court must dismiss the action for possession.
Similarly, D.C. Code §16-1501(d) provides that, at the initial hearing, if the complaint for possession does not allege sufficient facts or the landlord fails to produce sufficient documentation to meet all requirements under applicable law (e.g., landlord fails to attach the current Basic Business License or proof of registration with the Rental Accommodations Division, the required pre-suit notice, proof of service of the pre-suit notice), the Landlord and Tenant Court must dismiss the action for possession. The lack of the Landlord and Tenant Court’s ability to exercise its discretion as to whether such failures prejudice either the landlord or tenant results in cases dismissed for technical issues and landlords forced to refile actions after waiting several months for the initial hearing date.
The RENTAL Act amends D.C. Code §42-3505.01(a)(4) and D.C. Code §16-1501(d) to expressly provide the Landlord and Tenant Court the ability to exercise its discretion when weighing the potential prejudice to the parties before dismissing the action for possession. - Notice of Past Due Rent Reduced from 30-Day to 10-Day Notice; Manner of Service of Notice of Past Due Rent Clarified
(D.C. Code §42-3505.01(a-1)(1), (2) and New Subsection (3))
Currently, a landlord must serve a 30-day Notice of Past Due Rent as a pre-requisite to commencing an action for possession for non-payment of rent. See generally D.C. Code §42-3505.01(a-1). The RENTAL Act amends D.C. Code §42-3505.01(a-1)(1) and reduces the notice period from 30 days to 10 days, bringing the District of Columbia’s past due rent notice period in line with those of the surrounding jurisdictions (e.g., Maryland has a 10-day notice period and Virginia has a 5-day notice period). We note that a second reference to the 30-day notice period was not addressed in the RENTAL Act, as D.C. Code §42-3505.01(a-1)(2) still mentions a 30-day notice period. Accordingly, a technical corrective amendment to address this incongruency is required.
In addition to reducing the notice period from 30 days to 10 days, the RENTAL Act amends and clarifies the way a landlord must deliver the 10-day Notice of Past Due Rent to the tenant. The RENTAL Act provides that the Notice of Past Due Rent may be sent via (i) “certified mail or delivery service providing delivery tracking confirmation, return receipt requested;” or (ii) “by hand delivery to the rental unit or by posting on the front door of the rental unit.” See D.C. Code §42-3505.01(a-1)(3). This amendment recognizes the volume of Notices of Past Due Rent a landlord may issue in any given month and eliminates the requirement for service via private process server. - Notice to Quit for Illegal Activity
(D.C. Code §42-3505.01(c))
In perhaps one of the most significant changes, the RENTAL Act drastically changes the requirements related to a Notice to Quit for Illegal Activity. The current codification provides a that landlord may recover possession of a rental unit where a court of competent jurisdiction determines that the tenant or a person occupying the rental unit with or in addition to the tenant, performs an illegal act within the rental unit or housing accommodation. See D.C. Code §42-3505.01(c). The regulations implementing this provision of the Rental Housing Act require this notice to include the name of the court that determine the illegal act occurred, the date of the order in which the determination of illegal act was made and if all appeal rights have been exhausted, the case number of the proceeding where such determination was made, that the court’s determination shows the tenant knew or should have known the illegal act was committed, and mandatory language about defenses and assistance from the D.C. Office of Human Rights. See 14 DCMR 4302.3. In other words, a landlord may not issue this notice unless and until the “bad actor” has been convicted or pled guilty and the criminal court makes finds as to the knowledge (actual, inquiry or implied) of the other named tenant(s) vis a vis the bad actor’s conduct.
Mindful of the impact that bad actors and illegal activity have on other tenants, landlord’s staff, and the housing accommodation, the RENTAL Act provides for a shorter notice period – 10 days instead of 30 days – if the alleged illegal activity constitutes a “dangerous crime” as defined in D.C. Code §23-1331(c) or a “crime of violence” as defined in D.C. Code §23-1331(4) and was not committed in self-defense. To be clear, if the illegal activity does not fall within either definition, the prerequisites and procedures for issuance of the notice are unchanged and the 30-day notice period stands. On the other hand, should the alleged illegal activity fit within the definition of a dangerous crime or a crime of violence, the notice period is reduced to 10 days but before the landlord serves the 10-day notice to quit for illegal activity, the landlord must first reasonably consider all options to retain the non-offending tenant(s) and any authorized occupants in the rental unit (e.g., issuing barring notice to offending tenant or transfer lease to an authorized occupant).
The statutory language implies that a landlord is now able to bar a tenant or authorized occupant from the housing accommodation entirely, something that MPD historically has refused to enforce as to a named tenant or authorized occupant (to be clear, barring notices for a limited scope, such as preventing a tenant from entering a leasing or management office, have been enforced), but it remains to be seen how MPD will act under the RENTAL Act. After the expiration of the 10-day notice for illegal activity related to a dangerous crime or a crime of violence, the landlord may file the action for possession and the RENTAL Act mandates the Landlord and Tenant Court schedule a hearing on an expedited basis within 20 days of the filing of the complaint, similar to the Drug Haven Eviction statute requirement for a full evidentiary hearing within 5 days of entry of a preliminary injunction (should the landlord request an injunction). See D.C. Code §42-3601 et seq.
The RENTAL Act continues the panoply of defenses available to tenants under D.C. Code §42-3505.01(c-1), but adds additional defenses for cases involving illegal activity related to a dangerous crime or a crime of violence, including (i) whether the tenant did not know or had no reason to know criminal activity was occurring or was likely to occur in the rental unit or housing accommodation, (ii) the tenant took reasonable steps to prevent the commission of the violent criminal activity by, as examples, requesting landlord remove the offender from the lease, reporting prior criminal activity to MPD, seeking assistance from social services or counseling agencies, or, if feasible, denying permission for the offender household member to reside in the rental unit, or (iii) the tenant was the victim or intended victim of the criminal activity.
If the Landlord and Tenant Court determines by a preponderance of the evidence (e.g., more likely than not that the conduct occurred), it shall enter final judgment for possession and issue a Writ of Restitution which mandates the eviction of the culpable tenant or occupant. While the statute provides for the Landlord and Tenant Court to issue the Writ of Restitution, it is highly unlikely this will be the practice, as landlords currently must file the Writ of Restitution along with a Writ Verification form that attests to certain facts and includes a copy of the landlord’s current Basic Business License. The RENTAL Act is silent as to how Writs of Restitution in illegal activity cases are handled by the Landlord and Tenant Court (e.g., no mention of expedited review; no mention of expedited forwarding to the United States Marshals Service; no mention of expedited scheduling of evictions; no mention of exclusion of illegal activity Wirts of Restitution from the weather-related eviction controls).
The new statutory language reads as follows:
(c) (1) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. Except as otherwise provided in paragraph (2)(B) of this subsection, the housing provider shall serve on the tenant a 30-day notice to vacate. If the person who was found to have performed an illegal act is someone occupying the premise other than the tenant, the tenant may be evicted only if the tenant knew or should have known that an illegal act was taking place. Nothing in this subsection shall be construed to excuse a housing provider’s unlawful retaliatory action or failure to comply with the Violence Against Women Act of 1994, approved September 13, 1994 (108 Stat. 1902; 34 U.S.C. § 12291 et seq.), or successor legislation, the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. §12101 et seq.), Titles VIII and IX of the Civil Rights Act of 1968, approved April 11, 1968 (82 Stat. 81; 42 U.S.C. §§ 3601-3619, 3631), the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code § 2-1401.01 et seq.), sections 507 and 508 of the Rental Housing Act of 1985, effective March 14, 2007 (D.C. Law 16-273; D.C. Official Code §§ 42-3505.07, 42-3505.08), or other applicable federal or District law.
(2) (A) In each case pursuant to paragraph (1) of this subsection filed after the effective date of the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Amendment Act of 2025, passed on 2nd reading (reconsideration) on October 21, 2025 (Enrolled version of Bill 26-164), in which the alleged illegal act within the rental unit or the housing accommodation would constitute a dangerous crime as defined in D.C. Official Code § 23-1331(3) or a crime of violence as defined in D.C. Official Code § 23-1331(4) and was not committed in self-defense or defense of another:
(i) The housing provider, after considering in good faith all reasonable available means to preserve the housing of non-offending occupants, such as barring the offending individual from the property or assessing whether the lease can be transferred to an eligible occupant, shall serve on the tenant a 10-day notice to vacate; and
(ii) The Court shall hold a hearing on an expedited basis within 20 days following the filing of the complaint.
(B) In addition to the defense listed in subsection (c-1) of this section, it shall be a defense to an action for possession under this subsection based on allegations of a dangerous crime or crime of violence if:
(i) The tenant did not know or did not have reason to know that criminal activity was occurring or would likely occur on the premises; or
(ii) The tenant took reasonable steps to prevent the commission of violent criminal activity, such as requesting the housing provider remove the offending household member’s name from the lease, reporting prior criminal activity to the police, seeking assistance from social services or counseling agencies, or denying permission, if feasible, for the offending household member to reside in the dwelling unit; or
(iii) The tenant was a victim or intended victim of the criminal activity.(C) If the Court determines by a preponderance of evidence that the tenant or occupant engaged in a dangerous crime as defined in D.C. Official Code § 23-1331(3) or a crime of violence as defined in D.C. Official Code § 23-1331(4), the Court shall enter a final judgment for possession and issue a writ of restitution that mandates the eviction of the tenant or occupant. - Protective Orders and Court Registry Payments
(D.C. Code §16-1502a)
The single most valuable tool in a landlord’s arsenal is to request entry of a protective order. The protective order requires a tenant to pay the tenant’s monthly rent into the Landlord and Tenant Court registry (e.g., escrow account) for the duration of the litigation, thereby preserving the status quo in that the tenant pays for the tenant’s ongoing use and occupancy of the apartment on a monthly basis but the landlord does not receive the money until the case is resolved, including any tenant counterclaims, claims of recoupment, or setoffs.
Historically, landlords seek entry of a protective order in the amount of the then current monthly rent and if a tenant responds and alleges the presence of unabated housing code violations, the Landlord and Tenant Court will schedule and hold an evidentiary hearing (known as a Bell Hearing after the seminal decision of Bell v. Tsintolas Realty Co., 430 F.2d 474 (D.C. Cir. 1970)) to determine the equitably proper amount of the protective order. Currently, a landlord may wait more than a month before the Bell hearing is held, and typically the tenant is not making rent payments to the landlord or into the Landlord and Tenant Court registry, thereby resulting in the outstanding balance continuing to grow.
The RENTAL Act mandates that upon a landlord’s request for a protective order, the Landlord and Tenant Court: (i) shall inform the tenant of common protective order defenses as well as the possible consequences of knowingly asserting baseless defenses; and (ii) shall enter a preliminary protective order for the monthly rent as reflected in the rental ledger, lease/rental agreement, addendum to lease/rental agreement, and without the need for an evidentiary hearing. If the tenant alleges the existence of housing code violations, the Court will schedule a Bell hearing to determine whether the preliminary protective order should be adjusted, but the tenant is responsible for making the preliminary protective order payments as ordered by the Landlord and Tenant Court. If there is a disagreement as to the monthly rental amount claimed by a landlord, the Landlord and Tenant Court may consider evidence the parties are prepared to present as to the proper monthly rent charge. - Timing for Service of Landlord and Tenant Complaint and Summons
(D.C. Code §16-1502(a))
Currently, the law requires a landlord serve the tenant(s) with the Landlord and Tenant complaint, summons, and attachments thereto, at least 30 days prior to the day set for the initial hearing, excluding Sundays and legal holidays from that count. This requirement results in an unnecessary delay for the commencement of the proceedings, as the initial hearings must be scheduled far enough in the future to give landlords an opportunity to timely effectuate service of process. The RENTAL Act shortens the time for service of the Landlord and Tenant Complaint and Summons to at least 14 days prior to the day set for the initial hearing and does not exclude intervening Sundays and legal holidays from that count.
II. Amendments to the Tenant Opportunity to Purchase Act
The Council has proposed numerous amendments to the Tenant Opportunity to Purchase Act (D.C. Official Code Section 42-3404.01 et seq.) (“TOPA”). These proposed amendments, which have been passed by the DC Council but are not yet law, are outlined below.
- Definition of Sale; Exemptions from TOPA Including an Exemption for New Construction
The RENTAL Act includes a number of new exemptions from the definition of “sale” for TOPA purposes. These include exemptions for intrafamily transfers, transfers to descendants and transfers of ownership interests between existing owners of a housing accommodation (provided, that in the last case a Notice of Transfer is required to be provided tenants), an exemption for transfers of ownership interest among existing owners of a housing accommodation (or transfers of ownership interests in an entity that owns a housing accommodation) provided that no third party is admitted as result of such transfer, an exemption for the sale or transfer of interest in a property owned by the District of Columbia, and an exemption for the sale of an interest in property owned by and licensed as a hospital, convent, monastery, assisted living facility and similar facilities and in a dormitory owned or leased by an educational institution.
One of the most significant exemptions is for a transfer of an interest in a “new building that has completed construction, as evidenced by a permanent certificate of occupancy for a new multifamily building, within 15 years before the date of the sale. This exemption is retroactive, so a building that was built within the 15 years prior to the effective date of the RENTAL Act can avail itself of this exemption in a transfer.
A notice of transfer is required to be given to tenants for this exemption, and the language further provides that buildings subject to this exemption are required to provide tenants with written notice to all tenants of the housing accommodation of this exemption within 90 days of the effective date of the RENTAL Act. Finally, this provision provides that leases for such housing accommodation must include a provision in the lease that the building is exempt from TOPA.
Virtually all transfers will require that a notice of transfer be transmitted to the tenants, removing the previous exemptions from notice for transfers for foreclosure, bankruptcy, transfers to revocable trust, court ordered transfers and the like. The purpose of the amendment to the RENTAL Act passed on October 21, 2025 was to provide an exemption from TOPA for housing accommodations with four or fewer units that are owned by individuals (i.e., not business entities), provided that tenants of such housing accommodations are afforded certain notice rights pursuant to Section 409(b). Housing accommodations with 2 to 4 units that are owned by business entities would remain subject to TOPA. - Provisions establishing “Tenant support providers” and “qualified purchasers”
Section 402c of the RENTAL Act provides that the “Mayor shall establish a certification process for tenant support providers, which shall be selected based on their expertise and ability to counsel tenants who seek to exercise their rights under” TOPA. The Mayor is required to maintain a list of certified tenant support providers. The purpose of tenant support providers is to counsel tenant organizations and first time home buyers in the process of organizing, obtaining financing and closing a transaction.
Section 402d of the RENTAL Act provides that a “pre-approved developer” (which is defined in 14 DCMR 2499.1 as “a person or legal entity selected through a competitive process, which meets certain standards and selection criteria published by the Agency”) shall be granted certification as a qualified purchaser and that the Mayor shall establish criteria for the certification of qualified purchasers based on the developers operational capacity and “history of responsible stewardship of rental accommodations without unabated serious violations of the housing code”. This provision further provides that the mayor shall solicit and accept new applications for prospective qualified purchasers on a “rolling basis” and that the Department of Housing and Community Development (the “Department”) will maintain a list of qualified purchasers on a website. - Cooling off period
Section 403b of the RENTAL Act provides that a tenant organization of a housing accommodation with 5 or more units may not assign its TOPA rights during the first 45 days after receipt of a valid offer of sale unless the tenant organization has (i) organized with the Department prior to the receipt of the notice of sale, and (ii) received training on its rights under TOPA from an organization approved by the Department or by the Office of the Tenant Advocate.
Section 403b(c) provides that for housing accommodations of 2 to 4 units, the tenants cannot assign their TOPA rights during the first 22 days following the receipt of a valid offer of sale unless such tenant has received training from an organization approved by the Department or the Office of the Tenant Advocate.
Section 403b further provides that the Mayor will provide a copy of the offer of sale to all tenant support providers and all qualified purchasers within 5 business days of the mayor’s receipt of such offer of sale.
Section 302 of the RENTAL Act also amends the Deed Recordation Tax Act by creating a new exemption (paragraph (14A)) from recordation tax for deeds transferred to a qualified purchaser.
Should you have any questions about this matter, please contact Richard W. Luchs (rwl@gdllaw.com), Joshua M. Greenberg (jmg@gdllaw.com), or Phil Blackmon, Jr. (prb@gdllaw.com).
