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Articles by Kyle DeThomas
Multifamily Client Alert: Key Updates on D.C. Rent Freeze, TOPA/ROFR, and New D.C. and Maryland Legal Requirements and Programs
As summer turns to fall and the kids head back to school, it’s time to get smart on legislative and other developments affecting multifamily housing in the D.C. metro area.
Multifamily Client Alert: Key Updates on D.C. Rent Freeze, TOPA/ROFR, and New D.C. and Maryland Legal Requirements and Programs
As summer turns to fall and the kids head back to school, it’s time to get smart on legislative and other developments affecting multifamily housing in the D.C. metro area.
Ballard Spahr Advises on $70B Merger of REITs to Create Vivmark Residential
Lawyers from Ballard Spahr’s Real Estate Department advised national multifamily housing real estate investment trusts (REITs) Equity Residential and AvalonBay Communities in their recently completed $70 billion all-stock merger, which created Vivmark Residential, the largest apartment REIT in the country.
D.C. ‘Rent Freeze’ Alert: Initiative 88 – Current Status, Legal Challenges, And Implications For Property Owners
BS Ballard Spahr LLP More Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals.
Multifamily Housing Changes in the Capital Region: New Tenant Protections, Rent Control, and Development Laws
Our most recent Alert (linked here) outlined some significant revisions to D.C.’s Rebalancing Expectations for Neighbors, Tenants, and Landlords Act (RENTAL Act), which significantly changed TOPA, the approval of rent control ballot materials for the D.C. Housing Modernization and Accessibility Act—as well as other important matters affecting multifamily owners and investors.
Spring 2026 D.C./Maryland Multifamily Alert (Part One)
Happy Spring to our multifamily clients and friends. A lot has transpired since our last Alert (linked here), so we wanted to provide the following updates. Click the links below to review each topic.
New TOPA Law (Effective December 31, 2025) And Other Multifamily Legal Developments
Roger D. Winston’s articles from Ballard Spahr LLP are most popular: in United States with readers working within the Construction & Engineering industries Ballard Spahr LLP are most popular: within Government, Public Sector, Insurance and Technology topic(s) Happy New Year! As we noted in our last Alert (linkedhere),on September 17, 2025, the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act passed on its second reading by the DC Council.
New TOPA Law (Effective December 31, 2025) and Other Multifamily Legal Developments | JD Supra
Happy New Year! As we noted in our last Alert (linked here), on September 17, 2025, the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act passed on its second reading by the DC Council. It was expected that the RENTAL Act would then go on to the Mayor for approval or veto.
November Multifamily Alert - TOPA, Rent Control, And Transfer Tax Updates
Roger D. Winston’s articles from Ballard Spahr LLP are most popular: within Real Estate and Construction topic(s) Ballard Spahr LLP are most popular: within Government, Public Sector, Antitrust/Competition Law and Immigration topic(s) in United States Happy Thanksgiving to our clients and friends. A lot has transpired since our October Alert (linked here), so we are providing this update on TOPA, rent control, and transfer and recordation taxes. TOPA Reform.
November Multifamily Alert - TOPA, Rent Control, and Transfer Tax Updates | JD Supra
Happy Thanksgiving to our clients and friends. A lot has transpired since our October Alert (linked here), so we are providing this update on TOPA, rent control, and transfer and recordation taxes. TOPA Reform. On September 17, 2025, the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act passed on its second reading by the DC Council. It was expected that the RENTAL Act would then go on to the Mayor for approval or veto.
October 15 Client Alert
Roger D. Winston’s articles from Ballard Spahr LLP are most popular: within Real Estate and Construction topic(s) in United States with readers working within the Business & Consumer Services industries Ballard Spahr LLP are most popular: within Real Estate and Construction, Intellectual Property and Cannabis & Hemp topic(s) Our most recent Alert (linked here) discussed the proposed reforms to the DC Tenant Opportunity to Purchase Act (TOPA).
TOPA Reform Update
Roger D. Winston’s articles from Ballard Spahr LLP are most popular: within Real Estate and Construction topic(s) in United States with readers working within the Business & Consumer Services and Property industries Ballard Spahr LLP are most popular: within Real Estate and Construction, Intellectual Property and Cannabis & Hemp topic(s) As a follow-up to our recent TOPA Reform Alert (linked here), click here for the final version of the RENTAL Act.
TOPA Reform Update | JD Supra
As a follow-up to our recent TOPA Reform Alert (linked here), click here for the final version of the RENTAL Act. The enrolled bill will now be sent to the Mayor who has 10 days to sign or veto the RENTAL Act. If the Mayor does nothing, the RENTAL Act goes to Congress after 10 days. After that, Congress has 30 working days (i.e., in-session) to review. The expectation is that if all goes well, this law may become effective by December.
TOPA Reforms Pass DC Council
Roger D.
TOPA Reform Under Consideration by D.C. Council | JD Supra
This article is part of the 2025 Mid-Year Housing Industry Update. Click here to read the full newsletter. As Washington, D.C., continues to grapple with challenges to housing affordability and new development, lawmakers are weighing proposals to reform the Tenant Opportunity to Purchase Act (TOPA), a D.C. law enacted in 1980 that gives tenants a right of first refusal when their building is sold.
TOPA Reforms Pass DC Council | JD Supra
Our recent Alerts (August 2025 Multifamily Alert, July 28, 2025 Alert, July 2, 2025 Alert, June 12, 2025 Alert, June 3, 2025 Alert, April 4, 2025 Alert, March 17, 2025 Alert, and February 13, 2025 Alert) discussed the months-long efforts seeking to improve many aspects of DC’s Tenant Opportunity to Purchase Act (TOPA). These efforts resulted in a few significant improvements, as well as some new requirements.
Multifamily August 2025 Alert
We start our August Alert with some potentially very good news. The RENTAL Act, a bill to reform TOPA, passed its first vote by the DC Council on July 28, 2025. The RENTAL Act includes, among other things, a blanket exemption from TOPA for the first 15 years after a property's initial construction. More details on the RENTAL Act are below. We wish we had similar good news in Maryland regarding rent control.
Multifamily August 2025 Alert | JD Supra
We start our August Alert with some potentially very good news. The RENTAL Act, a bill to reform TOPA, passed its first vote by the DC Council on July 28, 2025. The RENTAL Act includes, among other things, a blanket exemption from TOPA for the first 15 years after a property’s initial construction. More details on the RENTAL Act are below. We wish we had similar good news in Maryland regarding rent control.
Multifamily August 2025 Alert
We start our August Alert with some potentially very good news. The RENTAL Act, a bill to reform TOPA, passed its first vote by the DC Council on July 28, 2025. The RENTAL Act includes, among other things, a blanket exemption from TOPA for the first 15 years after a property’s initial construction. More details on the RENTAL Act are below. We wish we had similar good news in Maryland regarding rent control.
District Of Columbia TOPA Reform Alert
"It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness..." – A Tale of Two Cities TOPAs When District of Columbia Council Chairman Phil Mendelson introduced the Rebalancing Expectations for Neighbors, Tenants and Landlords (RENTAL) Act, there were high hopes that much needed reform to the Tenant Opportunity to Purchase Act (TOPA) was forthcoming.
District of Columbia TOPA Reform Alert | JD Supra
“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness…” – A Tale of Two Cities TOPAs When District of Columbia Council Chairman Phil Mendelson introduced the Rebalancing Expectations for Neighbors, Tenants and Landlords (RENTAL) Act, there were high hopes that much needed reform to the Tenant Opportunity to Purchase Act (TOPA) was forthcoming.
July DC TOPA Reform and Maryland Tenant Bill of Rights Alert | JD Supra
Happy Independence Week to our readers. 249 years after our great country declared its independence, will some multifamily owners and investors soon be free from TOPA? We plan to circulate a full multifamily update later this month, but we wanted to provide this interim update.
Multifamily June 2025 Alert
As spring begins to give way to summer, legislative activity shows no signs of cooling off. Our May TOPA Alert generated many questions and comments and a further update on the pending TOPA reform legislation is included below. This Alert also includes updates on recent proposals impacting multifamily properties in Maryland, the District of Columbia, and Washington State, and recent additions to the real estate development and transactions team in our DC office.
Multifamily June 2025 Alert | JD Supra
As spring begins to give way to summer, legislative activity shows no signs of cooling off. Our May TOPA Alert generated many questions and comments and a further update on the pending TOPA reform legislation is included below. This Alert also includes updates on recent proposals impacting multifamily properties in Maryland, the District of Columbia, and Washington State, and recent additions to the real estate development and transactions team in our DC office.
TOPA Reform Alert
BS Ballard Spahr LLP More Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals.
TOPA Reform Alert | JD Supra
As reported in our April 2025 Alert on March 3, 2025, DC Council Chairman Phil Mendelson introduced the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act (B26-0164), which includes proposed amendments to the DC Tenant Opportunity to Purchase Act (TOPA). Among other things, the RENTAL Act would exempt certain transactions from TOPA.
Multifamily April Alert | JD Supra
This month’s Alert updates recent housing legislation, including proposed amendments to the DC Tenant Opportunity to Purchase Act (TOPA), the launch of the DC RentRegistry portal, and updates to Montgomery County's rent control matters. Additionally, this Alert discusses an upcoming Maryland housing roundtable, as well as updates on Maryland's Housing Development Act, affordable housing tax incentives, and the rescinding of certain federal multifamily housing rules. DC TOPA Reform.
March 2025 Multifamily Alert, Including Important Legislative and Administrative Developments | JD Supra
March 18, 2025 Forrest Albiston, Kyle DeThomas, Roger Winston Ballard Spahr LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: With very active legislative sessions in the DMV region, we're providing these updates on proposed legislation and several ongoing efforts impacting the multifamily industry. Maryland General Assembly Proposals.
Mayor Bowser Proposes Important TOPA and ERAP Reforms | JD Supra
Finally, some potential good news for multifamily property owners and developers in DC. It appears that the discussions on reforming the Tenant Opportunity to Purchase Act (TOPA), as well as the Emergency Rental Assistance Program (ERAP), which we previously reported on in our prior Alert, have made an impact. On February 12, 2025, Mayor Bowser unveiled the Rebalancing Expectations for Neighbors, Tenants, and Landlords Act (RENTAL Act), which includes important proposed changes to TOPA and ERAP.
January 2025 Multifamily Alert | JD Supra
With the New Year under way, we wanted to provide updates on legislative activity and other developments affecting multifamily properties in the region and across the country, including Maryland Building Energy Performance Standards (BEPS) final regulations, new legislation and a lawsuit relating to BEPS; modifications to the Prince George’s County security camera mandate and the failure of the Anti-Gouging Bill in Prince George’s County.
Prince George’s County Anti-Gouging Bill and Rent Control Guidance; Montgomery County Term Limits and Troubled Properties Regulations; DC Tax Break Bill for Vacant and Blighted Properties; SCOTUS NY Rent Control Update; Algorithmic Pricing Bans; and Calif
With another interest rate cut, the capital markets appear to be more promising for real estate transactions; time will tell how this month’s elections will impact the real estate industry. As a follow-up to our last Alert, below are some updates on legislative activity affecting the multifamily industry locally and across the country: Prince George’s County Anti-Gouging Bill. On September 24, 2024, CB-97-2024 was introduced to the County Council.
Multifamily Update-Rent Control Portal, Eviction Reforms, Shelf and Conversion Condos, BEPS, Vacancy Control, Just Cause Evictions, CTA Compliance, Rent Gouging Legislation, and More | Ballard Spahr LLP - JDSupra
October 1, 2024 Forrest Albiston, Kyle DeThomas, Katherine Noonan, Roger Winston Ballard Spahr LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: All landlords in the County are required to register their rents and fees, regardless of whether the units are regulated or exempt from rent control. There is no specified deadline for landlords to register.
MD/DC Multifamily Update | JD Supra
With Election Day fast approaching, market indicators appear more promising, notwithstanding regulatory hurdles. As a follow-up to our most recent Alert, below are some updates on recent multifamily legislative and legal activities: Montgomery County Publishes New Troubled Properties Report.
Landlords’ Takings Clause Victory; Rent Control Updates for Montgomery County and Prince George’s County; Condo Conversion Considerations; TOPA Updates | Ballard Spahr LLP - JDSupra
As summer 2024 winds down, the implementation of new rent control laws has attracted much attention. Providing some respite from the summer’s rent control heat is a recent win for the multifamily industry coming from the Court of Appeals for the Federal Circuit. This court ruled in favor of landlords who claimed that the COVID-19 eviction moratorium constituted a compensable taking.
New Prince George's County Rent Control Legislation and Other Updates | JD Supra
Our prior Alert discussed the Prince George’s County temporary extension of rent control, Montgomery County rent control updates and the much-anticipated rent control regulations, rental license fee increases, new housing laws in Maryland, eviction delays, SCOTUS, TOPA, and more. We continue to track important legislative and regulatory efforts in the region. Below are some important updates on issues affecting the multifamily industry. Montgomery County Rent Control.
D.C., Maryland Multifamily Housing Update: Prince George’s County Rent Control, Montgomery County Tenant Protections, Montgomery County Right of First Refusal (ROFR) Expansion, and More | Ballard Spahr LLP - JDSupra
There have been a number of new regulatory developments since our prior Alert, including updates on Prince George’s County rent control, Montgomery County tenant protections, Montgomery County Right of First Refusal (ROFR) expansion, Building Energy Performance Standards, and our Coalition efforts on rent control as well as the Montgomery County rent control regulations. Below are some further updates impacting multifamily properties: Prince George’s County Rent Control Extension.
D.C., Maryland Multifamily Housing Update: Prince George’s County Rent Control, Montgomery County Tenant Protections, Montgomery County Right of First Refusal (ROFR) Expansion, and More | Alerts and Articles | Insights | Ballard Spahr
There have been a number of new regulatory developments since our prior Alert, including updates on Prince George’s County rent control, Montgomery County tenant protections, Montgomery County Right of First Refusal (ROFR) expansion, Building Energy Performance Standards, and our Coalition efforts on rent control as well as the Montgomery County rent control regulations. Below are some further updates impacting multifamily properties: Prince George’s County Rent Control Extension.
DC/Maryland Multifamily Real Estate Updates | JD Supra
Happy Holidays to all.
DC/Maryland Multifamily Alert
Happy Holidays to all.
Multifamily Update: Rent Control Coalition Analysis, ROFR Proposals, and Algorithmic Pricing | JD Supra
Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are some further updates and new developments affecting multifamily properties: 1. Rent Control Coalition As reported previously, Ballard Spahr represents about 35 multifamily stakeholders in connection with a multitude of rent control and other laws recently enacted or proposed.
Multifamily Update: Rent Control Coalition Analysis, ROFR Proposals, and Algorithmic Pricing
Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are some further updates and new developments affecting multifamily properties: 1. Rent Control Coalition As reported previously, Ballard Spahr represents about 35 multifamily stakeholders in connection with a multitude of rent control and other laws recently enacted or proposed.
November Multifamily Alert | JD Supra
As a follow-up to our recent alert, here are some updates on regional and national legislative activity impacting real estate: Rent Control Coalition Update In response to the latest wave of rent control measures, Ballard Spahr was recently retained by a large group of stakeholders to evaluate these rent control laws. We have been watching the Supreme Court of the United States to see if it will grant certiorari to one or both of the Takings Clause challenges to the New York rent control law.
November Multifamily Alert
As a follow-up to our recent alert, here are some updates on regional and national legislative activity impacting real estate: Rent Control Coalition Update In response to the latest wave of rent control measures, Ballard Spahr was recently retained by a large group of stakeholders to evaluate these rent control laws. We have been watching the Supreme Court of the United States to see if it will grant certiorari to one or both of the Takings Clause challenges to the New York rent control law.
October Rent Control and ROFR Updates | JD Supra
As a follow-up to our prior alert, here are some updates on legislative activities in the region: Montgomery County Right of First Refusal (ROFR) and Rent Control Updates Recently introduced Expedited Bill 38-23 proposes to allow for the assignment of County ROFR rights to “qualified entities” – similar to the ROFR process in Prince George’s County.
September Rent Control and ROFR Update | JD Supra
As a follow-up to our recent alert, here are some updates on rent control and other activities in the region impacting multifamily properties: Howard County Rent Control. Not to be outdone by its sister jurisdictions, Howard County may be entering the fray on rent control. We understand that tenant advocacy groups that were involved in rental control campaigns in Montgomery County and Prince George’s County have formed a Howard County Rent Stabilization Coalition (HCRSC).
September Rent Control and ROFR Update
Howard County Rent Control. Not to be outdone by its sister jurisdictions, Howard County may be entering the fray on rent control. We understand that tenant advocacy groups that were involved in rental control campaigns in Montgomery County and Prince George’s County have formed a Howard County Rent Stabilization Coalition (HCRSC). HCRSC issued demanding rent increases be capped at the lesser of 3 percent or inflation, with vacancy control, and without exemptions.
Prince George's County - Rent Control Update | JD Supra
As a follow-up to our recent alerts, the Prince George’s County Council in Maryland held a public hearing Tuesday, April 25, and approved CB-51-2023, An Emergency Act Concerning Landlord Retaliation for Rent Stabilization (the Supplemental Act). The Supplemental Act seeks to clarify the scope of the recently enacted Rent Stabilization Act and to prohibit certain retaliatory landlord actions.
DC and Maryland Multifamily Update (UPDATED) | JD Supra
As a follow-up to our recent alert, here is an update on rent control and other legislative activities in the region: Prince George’s County Rent Control FAQs. This week the County published responses to frequently asked questions (FAQs) regarding the Rent Stabilization Act of 2023 (the Act). The FAQs confirm that the 3% rent cap applies only to lease renewals and not to the leasing of vacant units. They also confirm that the law took effect April 17, 2023 and expires on April 16, 2024.
Prince George's County - Rent Control Update
As a follow-up to our recent alerts, the Prince George’s County Council in Maryland held a public hearing Tuesday, April 25, and approved CB-51-2023, An Emergency Act Concerning Landlord Retaliation for Rent Stabilization (the Supplemental Act). The Supplemental Act seeks to clarify the scope of the recently enacted Rent Stabilization Act and to prohibit certain retaliatory landlord actions.
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