Robert Donahue

Tenant Opportunity to Purchase Act

In this episode of The DC Rental Act in Three Minutes, Offit Kurman attorneys Brian Dorwin and Gwen Roy Harrison break down how the Rental Act reshapes the Tenant Opportunity to Purchase Act (TOPA) for DC multifamily properties. They explain how TOPA once applied almost universally—often delaying closings and forcing landlords and developers into costly negotiations with tenant associations. The Rental Act changes that by introducing key exemptions that streamline transactions and reduce uncertainty. New construction properties (with a certificate of occupancy issued within the last 15 years), LIHTC properties, certain ownership transfers, and small landlords with two to four units may now be exempt from TOPA. The episode also highlights new notice requirements for current and incoming tenants—and why compliance still matters, even with statutory safeguards in place. The takeaway: these reforms are expected to unlock stalled deals and bring greater efficiency to DC’s multifamily market.

April 24, 2026

Understanding Pleading Technicalities Under the DC Rental Act

In Episode 3 of The DC Rental Act in Three Minutes, Offit Kurman attorneys Robert Donahue and Brian Dorwin break down one of the most consequential—and least understood—changes in the new law: how courts handle pleading technicalities. They explain that, under the prior legal framework, any defect in a filing—no matter how small—required the court to dismiss the case. A missing attachment, an outdated form, or a minor clerical error could derail a case at any stage, including on the morning of a jury trial after months of preparation. This rigid “shall dismiss” standard created costly delays and forced landlords to restart cases from scratch for issues that often had no impact on the merits. The Rental Act fundamentally reshapes this process. Judges now have discretion to determine whether a defect actually causes prejudice to either party. Instead of automatic dismissal, courts may allow amendments or permit the case to proceed when the issue is minor—such as a decade‑old RAD form with a technical flaw. For landlords, this means fewer restarts, fewer duplicative filings, and more efficient resolution of disputes. Robert and Brian emphasize that this shift—from shall dismiss to may dismiss—is one of the most practical improvements in the statute. It empowers judges to apply common sense, reduces unnecessary litigation costs, and allows attorneys to advocate more effectively when technical issues arise.

April 17, 2026

Landlord Representation

Navigating DC's Rental Act: Changes in Eviction

In Episode two of The DC Rental Act in Three Minutes, Offit Kurman attorneys Brian Dorwin and Gwen Roy Harrison examine key changes to eviction procedures under the new Rental Act, with a focus on public safety cases. They explain how, under the prior law, landlords were required to issue a 30‑day notice with an opportunity to cure—and often had to wait for repeated misconduct—before filing an eviction. In situations involving violent or dangerous behavior, this left landlords and residents with limited immediate protection. The Rental Act introduces a major shift: a 10‑day notice to vacate with no cure provision for tenants alleged to have committed a dangerous crime or crime of violence. Landlords are no longer required to wait for a criminal conviction before acting, allowing for faster responses to serious threats. Brian and Gwen also note that many questions remain. Because the Act took effect so quickly and reshaped nearly every part of landlord‑tenant court, DC Superior Court and agencies are still interpreting how these provisions will work in practice. Early rulings in 2026 will be critical in shaping how the law is applied.

April 9, 2026

DC Rental Act in Three Minutes

Understanding DC Protective Orders Under the RENTAL Act

The DC RENTAL Act has reshaped how protective orders work in eviction cases—making them faster, more consistent, and far more beneficial for housing providers. A protective order requires tenants to pay rent into the court registry rather than directly to the landlord, ensuring continued payment while a case is pending. Before the RENTAL Act, landlords often faced long delays. Tenants could raise even minor disputes, pushing protective‑order hearings months out and slowing down the eviction process. Now, judges are expected to issue preliminary protective orders at the very first hearing. Tenants may still request a Bell hearing or raise defenses, but they must begin making monthly payments immediately until the court adjusts the amount. Since the Act took effect, DC courts have been issuing protective orders more reliably at initial hearings—resulting in steadier payments and fewer procedural setbacks for landlords.

April 2, 2026

DC Rental Act in Three Minutes

The DC RENTAL Act in Three Minutes: A New Series

In this kickoff episode of The DC RENTAL Act in Three Minutes, Offit Kurman attorneys Brian Dorwin, Gwen Roy Harrison, and Rob Donahue introduce the sweeping legislative changes that took effect in Washington, DC on January 1, 2026. The DC RENTAL Act—passed just one day earlier—marks one of the most significant shifts in landlord tenant law the District has seen in years. The team explains why this reform was long overdue. In 2024 and 2025, DC became an outlier in delinquencies and strained landlord tenant relationships. Affordable housing projects were destabilized, and many multifamily owners faced foreclosure or default. The RENTAL Act is the City Council’s attempt to correct course and bring greater balance and predictability to the system. Over the coming weeks, Brian, Gwen, and Rob will break down the Act’s most impactful components, including changes to court procedures, protective orders, TOPA, public safety evictions, and the new 10- and 30-day notice requirements. Because the law took effect so quickly, DC Superior Court is already interpreting it in real time—meaning early rulings are emerging, but many questions remain open. This series will help property owners, managers, and industry professionals understand how the RENTAL Act is being applied today and what to expect as litigation and guidance continue to develop throughout 2026.

March 25, 2026