As of July 3, 2018, single family dwellings (SFD) are exempt from the Tenant Opportunity to Purchase Act (TOPA). There is an important exception, however, for “current tenants” who are elderly or have a disability, who would retain their TOPA rights for the duration of their tenancies. In order to qualify as a current tenant, the elderly or disability renter must have signed a rental agreement by March 31, 2018, and must have taken occupancy by April 15, 2018. OTA will have a new statutory responsibility to notify affected SFD tenants of available legal resources. The legislation also requires housing providers to notify all tenants (whether or not they have TOPA rights) that the property is being marketed. Thus, any tenant should have sufficient notice and therefore a meaningful opportunity to make a bid to purchase the property, albeit outside of the TOPA process.

Links to additional information and documents:

• OTA TOPA SFD Fact Sheet [PDF]
• Law 22-120.
• DHCD forms 
• OTA SFD Recourse List [PDF]