The National Association of REALTORS® is joining a coalition of D.C. real estate organizations in challenging a proposed ballot initiative that would place broad restrictions on residential rents across the District.
NAR has joined Housing DC’s Future, a coalition that includes the District of Columbia Association of REALTORS® (DCAR) and the Greater Capital Area Association of REALTORS® (GCAAR), in seeking permission to file an amicus brief in Douglass v. District of Columbia Board of Elections. The case concerns the proposed D.C. Housing Modernization and Accessibility Act of 2026, which would establish sweeping rent-freeze requirements in the District.
The lawsuit was brought by two D.C. property owners who are asking the court to keep the measure off the ballot. They argue that the initiative goes beyond the authority of the District's ballot initiative process and conflicts with constitutional protections.
Among their claims, the property owners contend that the proposal would prevent them from collecting rent increases and other payments called for under existing leases. They argue that restricting those contractual payments would substantially interfere with property rights without compensation.
The plaintiffs also raise concerns about the measure's potential effect on District tax revenues and the D.C. Council's authority over the District's budget. They further argue that the ballot measure's title and summary do not adequately inform voters about its potential consequences.
The D.C. Board of Elections has asked the court to reject the challenge and allow the initiative to continue through the electoral process.
The proposed amicus brief supports the property owners' constitutional challenge and raises broader concerns about the potential effects of rent restrictions on the housing market in D.C.
The coalition argues that limiting rental revenue while costs associated with operating and maintaining properties continue to increase could discourage investment in rental housing. According to the coalition, that could contribute to deferred maintenance, lower property values and less housing production over time.
Those effects, the coalition argues, could ultimately make it more difficult to expand housing opportunities and improve affordability in D.C.
“NAR's involvement reflects its broader advocacy for policies that increase housing supply, support responsible investment and protect property rights,” says Shannon McGahn, NAR executive vice president and chief advocacy officer. “The association continues to work with DCAR, GCAAR and other housing stakeholders on approaches intended to expand housing opportunities and address affordability challenges in Washington, D.C., and communities nationwide.”
