NAR Joins Brief Challenging D.C. Rent Freeze Ballot Measure

The National Association of REALTORS® (NAR) has joined the Housing DC’s Future coalition, which includes the District of Columbia Association of REALTORS® (DCAR) and the Greater Capital Area Association of REALTORS® (GCAR), in seeking permission to file an amicus brief in Douglass v. District of Columbia Board of Elections. The case challenges the proposed D.C. Housing Modernization and Accessibility Act of 2026, a ballot initiative that would impose sweeping rent-freeze requirements across the District. 

Two D.C. property owners are asking the court to prevent the measure from appearing before voters, arguing the measure exceeds the scope of the District's initiative process and violates constitutional protections. They contend that the proposal would interfere with existing lease agreements by blocking agreed-upon rent increases and other contractual payments, effectively depriving property owners of significant property rights without compensation. The plaintiffs also argue that the measure would reduce District tax revenues, infringe on the D.C. Council's budget authority, and presents voters with a misleading title and summary that fails to fully explain its impacts. 

The D.C. Board of Elections has asked the court to dismiss the challenge and allow the initiative to proceed through the electoral process. 

The proposed amicus brief supports the constitutional challenge, arguing that the initiative is unusually restrictive and could ultimately worsen the District's housing affordability. The brief contends that limiting rental income while operating and maintenance costs continue to rise would discourage investment in housing, reduce property maintenance, depress property values, and constrain future housing production. Rather than improving affordability, the coalition argues these effects could further limit housing opportunity. 

NAR's participation reflects its longstanding commitment to advancing policies that expand housing supply, encourage sustainable investment, and protect property rights. Working alongside DCAR, GCAR, and other housing stakeholders, NAR continues to advocate for balanced housing solutions that increase housing opportunity and improve long-term affordability in the nation's capital and communities across the country.