Support Takoma Flats Tenants Defending Our Rights

We are the tenants of Takoma Flats, a property in Ward 4 of Washington, DC. Our building is currently for sale, and a buyer has been negotiating to purchase it for over a year. Under DC’s Tenant Opportunity to Purchase Act (TOPA), tenants have the right to negotiate with potential buyers before the sale is finalized. The TOPA statute requires sellers to deal in good faith with tenants associations.

We engaged in good faith with the prospective buyer and the seller, working diligently to reach an agreement that would protect our rights and our homes. However, after months of discussions, the buyer made significant last-minute changes to the agreement on the eve of the period during which TOPA allows a tenant association to find a partner and negotiate with the property’s owner. One of the many key changes made by the buyer was a forced arbitration clause that would bar tenants from pursuing legal action against the new owners. This abrupt shift derailed negotiations literally during the last day of the period.

The buyer was not able to close the deal on time, and he obtained an extension of time without informing the tenants about this modification to the contract of purchase and sale. After we learned of this extension, we made sincere efforts to restart the negotiation process. Initially, we believed the buyer shared our goal of finalizing the previously negotiated outcome. But again, as this extension came to an end, the buyer stopped responding altogether.

In October, the deadline for the buyer to finalize the purchase expired. This should have reset our TOPA rights and restarted the process, but we discovered that, once more without informing us, the buyer had obtained another extension, significantly modifying the contract of sale a second time to allow them to close after the October deadline. Critically, the buyer is now disputing that TOPA must restart to ensure fairness to the tenants.

Although our first choice is to continue working towards achieving an amicable resolution with the buyer and the seller of our building, litigation may likely end up being our only option. To defend our rights and protect our homes, we need to raise funds to pursue litigation. Your contribution will help us fight to uphold the protections afforded by TOPA and ensure tenants are treated fairly in Washington, DC.

We are seeking your support because we lack the financial resources of the buyer. Filing the case will cost $300, and we estimate needing at least $5,000 for additional legal fees and depositions. Any funds raised beyond these costs will support the lawsuit and, if unused, will remain with the Takoma Flats Tenants’ Association for future needs. Thank you for your support.

Please note: The Takoma Flats Tenants’ Association is raising these funds in compliance with all applicable charitable fundraising standards in the District of Columbia.