The Small Multifamily InSTITUE

DC Pandemic Takings Project

Overview

The DC Pandemic Takings Project is The DC Pandemic Takings Project is a research and documentation initiative examining the constitutional, operational, and economic impacts of pandemic related housing restrictions adopted by the District of Columbia.

Beginning in 2020, the District implemented a series of emergency housing measures that significantly altered rental housing owners’ ability to access the courts, enforce lease obligations, and recover possession of their property. While the public health emergency has ended, certain legal and regulatory changes, including continued reliance on virtual Landlord-Tenant Court proceedings, mandatory mediation, burdensome preconditions to filing an action, and the removal of proposed statutory hearing deadlines from the RENTAL Act are still impacting housing provider’s access to Court.

This project exists to document those impacts, organize affected owners, support informed evaluation of the long-term constitutional and policy implications of those measures.

What This Project Examines

The Project examines whether the scope, duration, and continuing effects of DC’s pandemic-era housing restrictions imposed disproportionate and uncompensated burdens on private rental housing providers.

Areas of focus include, but are not limited to:

Prolonged denial of meaningful access to eviction and court proceedings

Mandatory virtual court processes that limited timely hearings

Removal of statutory or regulatory hearing deadlines

Continued enforcement limitations after the emergency period ended

Government-imposed requirements that shifted housing burdens to private owners

Economic losses attributable to delayed possession, nonpayment, or impaired enforcement

The inquiry is fact-specific, owner-specific, and DC-specific.

Who This Is For

The Project is intended for DC rental housing owners who experienced material impacts during and after the pandemic period, including:

Small and mid-sized multifamily owners, and other DC rental housing owners with direct operational exposure

Long-term DC housing providers with documented nonpayment or possession delays

Owners who were unable to obtain timely Landlord-Tenant Court hearings

Owners who were required to continue providing housing while lacking practical or timely means to enforce leases or recover possession

Participation does not require a commitment to litigation.

The Small Multifamily Institute

The Small Multifamily Institute (SMI), is SMOA’s 501(c)3 partner.

SMI serves as the host organization for this Project. Its role is limited to research, documentation, education, and public-interest analysis.
SMI does not provide legal advice, legal representation, or damages opinions.

Small Multifamily & Rental Owners Association (SMOA)
SMOA participates as a sector partner and project sponsor.

SMOA’s role is limited to:
Facilitating outreach to affected property owners
Supporting non-legal information sharing and education
Assisting with owner intake and documentation
Providing continuity over what may be a multi-year research effort

Any legal analysis or representation, if pursued, would be provided solely by independent counsel retained by affected owners.

List item

SMOA does not provide legal advice, legal representation, or damages opinions.

Project Status

DC-specific scope

Owner intake underway

Loss documentation and fact development in progress

No litigation has been filed

Legal and policy pathways under evaluation

Updates will be posted as the Project develops.

Participation

Owners who believe they were materially affected by DC’s pandemic-era housing restrictions may express interest in learning more.

Participation at this stage involves:

Confidential intake

Non-binding information sharing

No obligation to proceed further

Updates will be posted as the Project develops.

Request Information

Owners may request additional information or express interest in participation below.

Important Notice

This Project is informational and exploratory in nature. Nothing on this page constitutes legal advice, a solicitation for legal services, or a guarantee of any legal outcome.

This page is provided for informational purposes only and is not intended for general distribution. Please do not submit confidential or detailed information through this page.