D.C. has a food access problem. Advocates say Bowser’s budget would make it worse.
(Maddie Poore)
When Mariah Francis heard that the work she was doing on grocery store access in D.C. was in jeopardy, she jumped into action.
A Ward 1 resident and SNAP recipient, Francis has been helping research the barriers low-income families in D.C. and Baltimore face accessing grocery stores since last summer. The project, led by researchers at George Washington University, came to life with help from the DC Food Policy Council. This volunteer coalition of leaders, led by a small staff housed in D.C.’s Office of Planning, was established a decade ago to focus on creating a more equitable and sustainable local food system.
Over the years, the Food Policy Council has worked on a range of issues, like leading the effort to get low-income students who rely on school lunches extra food over the summer, shaping legislation that made it easier to start farmers markets in neighborhoods that lack fresh produce, and helping coordinate emergency food distribution at the beginning of the pandemic. This year, however, may be the council’s last as Mayor Muriel Bowser’s proposed budget would eliminate it.
“A budget is a moral document,” said Francis. “What you budget in the government sets a priority, not only for policy decisions, but also it tells the public, ‘This is what we care about.’”
As the city grapples with the economic impacts of federal workforce layoffs and slowed revenue, the Food Policy Council is far from the only part of the government facing cuts. Following her report of a $1 billion dollar budget gap, Bowser’s proposed cuts include nearly eliminating a fund that helps boost the pay of child care workers, reducing funds for universal paid leave by $95 million dollars, and freezing pay increases for D.C. government workers.
However, after the D.C. Chief Financial Officer freed up $400 million in additional funds, the mayor requested last week that Chairman Phil Mendelson put money towards some of these cuts, including future collective bargaining agreements, childcare family subsidy programs, universal paid leave, and the Housing Trust Production Fund. But the Food Policy Council wasn’t on that list of priorities.
When asked about this decision, the Bowser administration said that “FY27 is a challenging budget year.”
However, advocates say this work is vital in a city where the ease of getting healthy food depends on where you live. While Ward 3 is home to 17 full-service grocery stores, according to a 2025 report from DC Hunger Solutions, Ward 7 has just 3 (and in Ward 8, it’s only 4). Capital Area Food Bank found that in 2025, 40% of Washingtonians experienced food insecurity, an increase from 38% the previous year. The problem may continue to worsen due to federal workforce layoffs and major changes to public benefits like the Supplemental Nutrition Assistance Program (SNAP), experts say.
“Why would you get rid of something that's needed for an essential service for the city?” said Patricia Stamper, an Advisory Neighborhood Commissioner in Ward 7, about the Food Policy Council. “Everybody has to eat everyday.”
Stamper works on the same project as Francis, which for her is motivated by the long commutes she and her Ward 7 neighbors often make to put food on the table.
“I shouldn't have to go an hour and 30 minutes out of my way on public transportation, just to get quality food to feed my two children,” she said.
But the Bowser administration said these challenging economic times require tough decisions.
“We delivered a balanced budget that met residents’ most pressing needs, focusing on education, public safety, core services like trash and roads, protecting healthcare for residents, and growing the District’s economy,” said a spokesperson from the Office of the City Administrator (OCA).
There also doesn’t seem to be an appetite from the Office of Planning (OP) to keep the Food Policy Council and its staff in their department. During a May budget hearing, OP Director Anita Cozart said the direction of the Food Policy Council shifted after the pandemic, when they started focusing on expanding federal food assistance and supporting values-based procurement — which is outside of OP’s work on land use regulation.
“Those are important to District residents,” said Cozart. “They are also substantially the function of other agencies, and not core to our functions at OP,” adding that it was difficult for OP to justify the operational support.
Still, the elimination concerned councilmembers, and Chairman Phil Mendelson questioned Cozart why the office wasn’t just moved to a different agency.
Councilmember Christina Henderson, who chairs the Committee on Health, was particularly surprised by the cut, given recent efforts to increase the office’s work. In March, the D.C. Council held a hearing on legislation that would expand the authority of the Food Policy Council to ensure that all government agencies who buy food are meeting certain nutritional, economic, and environmental standards.
“We thought that this would be really good work,” said Henderson, who co-sponsored the legislation, in an interview with The 51st on May 7. “And then to have the proposal to cut the office … it was definitely very surprising.”
To the average person, the work of the Food Policy Council might seem a little wonky, but Henderson said it’s had real consequences.
That includes helping bring SUN Bucks to D.C., a federal program that provides $120 for qualifying students to get food during the summer months, when they can’t rely on school lunches for a nutritious meal. This resulted in the District receiving over $7 million federal dollars for 58,000 kids in 2024. The council was also central to the Farmers Market Support Act, which helps bring farmers markets to low-access food areas through grants and discounted permitting fees.
“If you use a farmers market, regardless of where you are in D.C., then you also care about the DC Food Policy Council,” said Francis.
At multiple budget hearing meetings in April and May, a wide range of groups urged the D.C. Council to restore the Food Policy Council’s funding.
Local farming network 4PFoods called the Food Policy Council “instrumental” in passing the Healthy Students Amendment Act, which incentivized schools to ensure more kids from high-need schools were eating breakfast. Health equity nonprofit DC Greens wrote that the Food Policy Council’s leadership in health equity, food access, and interagency coordination helped their Produce Rx program succeed, which supplies Medicaid enrollees with monthly funds to buy fresh produce.
One resident testified that her small food business wouldn’t exist without the Food Policy Council.
“They were kind of instrumental in answering our questions and encouraging us from the get-go,” said Nina Hamedani, a Ward 4 resident and owner of baklava pop-up, The Persian Table.
Hamedani also told The 51st that the Food Policy Council’s monthly meetings are where she received information on important policy updates, like a recent law change that expanded the types of markets that food producers like Hamedani can sell to. She added that another big boost to starting her business was when Caroline Howe, the director of the Food Policy Council, helped get her connected to a food business mentor.
But last month, Howe was let go from her position, a move that Councilmember Henderson suspects was related to Howe’s advocacy to restore the Food Policy Council’s funding.
“You can't say it was because of the work product, because they were doing what they were supposed to do, they were competent in terms of the expertise, they had brought together agencies to move the ball forward,” Henderson told The 51st.
When asked about Howe’s removal, the OCA spokesperson said the city does not comment on personnel matters.
They added that food policy “remains important to the District and will continue across multiple agencies,” citing two ongoing initiatives: Nourish DC, a public-private partnership that has distributed over $1.5 million dollars in grants to help fund local-owned food businesses, and the Office of Urban Agriculture, which has multiple programs to help residents get funding for their urban farms.
But years of advocacy by the Food Policy Council was the origin story of Nourish DC, wrote Alison Powers, the director of economic opportunities at the Nourish DC Collaborative, in her testimony to a Committee of the Whole’s budget hearing. “Nourish DC has relied on the FPC’s deep expertise in local food systems,” Powers added in her testimony. “It was devastating to hear the FPC would be cut.”
Advocates are also worried about cutting the Food Policy Council right as new changes to SNAP take place. Starting this month, some SNAP recipients in D.C. are now required to prove that they’re working or volunteering at least 80 hours a month (such work requirements have historically been used to reduce the amount of people on public assistance programs). The Food Policy Council had been working with D.C.’s Department of Human Services to reach out to job training providers, in order to help SNAP recipients meet the new requirements and keep their benefits.
At a May council budget hearing on the Office of Planning (OP), Councilmember Henderson asked OP Director Cozart if she knew which agency would take on the work of communicating SNAP eligibility requirements and organizing on-the-ground food distribution efforts, if the Food Policy Council were to be dissolved. “At the moment, I do not,” said Cozart, but added that there are staff who can take on that work in the interim.
In her newsletter, Henderson wrote that Bower’s budget is cutting “critical health programs, including for behavioral health services, maternal and child health, healthy food access, and more.
Under her leadership, the Committee on Health is advocating to restore funding for the Food Policy Council and to move it under DC Health, which Henderson said is mission-aligned because “food policy is essential to public health.”
The next steps are up to the D.C. Council, which will take its first vote on the budget on June 9.
Ultimately, advocates like Francis say that the Food Policy Council is doing work the city needs more of, not less. “This is actually about food access across the District for everyone,” she said. “We all honestly have something to lose here, and it's important that people know that.”
D.C. Court System Faces Mounting Backlog Crisis
A new report shows D.C.'s court system has a backlog of criminal and civil cases. (Courtesy photo)
Washington’s court system is buckling under a crushing backlog of criminal and civil cases, with felony trials now being pushed years into the future as more than a quarter of D.C.’s judicial seats remain vacant.
This backlog leaves victims waiting for justice, defendants trapped in legal limbo, and families across the District facing mounting instability in housing, probate, custody, and other cases.
Court officials, defense attorneys, legal scholars, and advocates say the crisis has moved far beyond a bureaucratic inconvenience and into a constitutional emergency affecting nearly every corner of the city’s justice system. According to the D.C. Courts’ annual statistical summary, more than 106,000 cases were pending or available for disposition in Superior Court at the start of 2025.
Fewer than 61,000 were resolved during the year, leaving more than 40,000 unresolved heading into 2026. Criminal felony backlogs worsened sharply, growing from 2,198 pending felony cases at the beginning of 2025 to 3,438 by year’s end.
“When delays become so severe that victims cannot get closure, defendants cannot receive timely trials, witnesses disappear, and judges are forced to triage justice, the issue is no longer administrative,” Tracy Velázquez, policy director at the Council for Court Excellence, told The Informer. “The right to a speedy trial is a constitutional guarantee, and courts are one of the core systems our communities rely on for accountability and fairness.”
The mounting delays have come as political pressure surrounding crime in Washington has intensified, even while violent crime and property crime statistics have declined in the District.
Data from D.C.’s Crime Cards dashboard and criminal justice agencies show that major categories of violent crime have continued trending downward. At the same time, felony filings in D.C. Superior Court surged dramatically in 2025.
The D.C. Sentencing Commission reported a 44% increase in felony cases filed compared with the previous year, with 1,275 additional felony cases entering the system. Half of all felony filings in 2025 occurred between September and December alone.
The numbers reveal a court system absorbing far more cases than it can resolve. In 2025, there were 6,501 adult felony arrests in the District, a 13% increase from the prior year and the highest number since the Sentencing Commission began tracking the data in 2018. Prosecutors “papered,” or formally charged, roughly 80% of those arrests, also an all-time high. The Sentencing Commission found that 53% of felony cases filed in 2025 were still pending disposition as of January 2026 because the courts could not move cases fast enough.
“Without a doubt, the political and media rhetoric around crime in D.C. has led to an increased pace of arrests and prosecutions,” Velázquez said. “Ironically with the biggest jump in the prosecutions being of minor misdemeanor charges and not more violent felonies.”
Defense attorneys and court observers say the consequences are cascading throughout the system. Defendants who have not been convicted remain jailed for months or years awaiting trial or continue living under restrictive bail conditions while cases inch through the courts. Victims and witnesses often wait years for closure while evidence weakens and memories fade. Legal experts say delays increasingly create constitutional challenges that can lead to cases being dismissed altogether.
“As a criminal defense lawyer for over 36 years, with past experience as a Crown Prosecutor, I have personally seen the increase in backlogs and the manner a court system treats defendants pending a decision,” criminal defense attorney Michael Kruse said in a statement. “The strain placed on judges and prosecutors from excessive caseloads is having a serious impact on the justice system.”
Kruse said prolonged delays damage nearly every aspect of the legal process.
“The longer a file is inactive in a court system, the more weight the evidence loses for the purpose of proving the case and the colder it becomes for the lawyers who will be evaluating it for use later,” Kruse said. “Defense counsel can make an application to the court for the proceedings to be stayed or for the charges to be dismissed completely.”’
‘Court Vacancies Affect the Entire City‘
The D.C. Sentencing Commission’s latest report also showed that roughly 39% of adult felony arrests in 2025 did not result in a Superior Court conviction, either because cases were never formally prosecuted, were dismissed, or ended without conviction. At the same time, plea agreements dominated the system, accounting for 92% of felony case resolutions in 2025, while jury trials remained relatively rare.
The burden has spilled into the D.C. jail as well. Velázquez noted that increasing pretrial detention periods are contributing to rising jail populations even while crime falls. She pointed to three inmate deaths already reported this year inside the D.C. jail.
Reports from attorneys, judges and court officials paint a picture of a system stretched to its limits. Reportedly, some hearings have continued late into the night as judges struggle to manage overloaded dockets. Further, severe judicial shortages have delayed criminal proceedings and slowed nearly every division of the court system. D.C. Witness also documented warnings from judges and attorneys who said confirmation delays for judicial nominees have created an increasingly dangerous strain on the courts.
The impact extends far beyond criminal courtrooms. Velázquez said ordinary residents waiting on family court rulings, probate disputes, evictions, small claims, and custody hearings are also paying the price.
“Justice delayed in our local courts can mean prolonged instability in housing, finances, caregiving, and family life,” Velázquez said. “Court vacancies affect the entire city, not just high-profile criminal cases.”
Professor Matthew Fraidin of the University of the District of Columbia David A. Clarke School of Law said the damage is especially severe for Black and low-income families involved in D.C.’s child welfare system.
“Government intrusion in the lives of Black and low-income families is dangerous to begin with, and when it happens in secret, there is no accountability whatsoever,” Fraidin wrote in an email to The Informer, noting that child abuse and neglect proceedings are conducted behind closed doors with sealed records.
The Metropolitan Police Department declined to comment directly on the backlog crisis.
“We must refer you to the courts for comment on their operations and procedures,” MPD spokesperson Lee Lepe said in a statement.
The U.S. Attorney’s Office also declined comment.
The judicial vacancy crisis remains at the center of the growing emergency. Velázquez noted that D.C. stands alone nationally because its local trial court judges are appointed by the president and confirmed by the Senate rather than elected locally. Six nominees recommended by the D.C. Judicial Nomination Commission are still awaiting Senate confirmation hearings.
“People outside the system hear ‘judicial vacancies’ and may see it as a procedural or political issue, but in reality it has serious, direct consequences on the lives of people in the District,” Velázquez said.
D.C. Spent $1 Million Hiring Humans to Yell ‘Fire!’ in Government Office
The Marion Barry Building. Photo credit: Darrow Montgomery
The D.C. government shelled out $1.01 million for a team of seven contractors to manually watch for fire inside one of the city’s largest office buildings at 441 4th Street NW, named after former D.C. mayor Marion Barry. This human fire watch was intended as a temporary stopgap while the city spent $529,835 repairing the building’s faulty alert system. But taxpayers continued to foot the growing bill for nearly a year while repairs dragged on and fire officials continued to declare the system out of service, according to interviews and records reviewed by the City Paper.
“A fire watch was put in place as a precautionary measure while repairs were underway. Following a comprehensive inspection conducted on April 15 with the Fire Marshal, the fire watch requirement was officially lifted,” Julia Jessie, a spokesperson for the Department of General Services, told City Paper in early May, adding later that “Prioritizing the safety of the occupants in the building is paramount and the fire watch was an essential service while repairs were underway.”
When asked about the length of time needed for the repairs—and the steep bill—Jessie explains, “This is an 800,000-square-foot, 12-story occupied facility, and safety systems must operate around the clock. That level of coverage, over several months, directly drives the cost.”
The Marion S. Barry Jr. Building’s fire watch ran from late May 2025 to April 15, 2026, according to the DGS spokesperson and records reviewed by City Paper.
Ward 4 Councilmember Janeese Lewis George helms the D.C. Council’s Committee on Facilities, which oversees government building maintenance at facilities like the Marion Barry Building. During her January committee oversight hearing, she heard testimony from an employee who works at the building about the fire watch, among other safety issues such as elevator outages. Since then, her office has requested details on the various issues, per a spokesperson.
“[Lewis George] is particularly concerned about the risks to employee safety and the liability that arises from falling or stuck elevators and the $100,000-per-month round-the-clock Fire Watch in lieu of functioning fire detectors and alarms,” the spokesperson tells City Paper.
The D.C. Office of Risk Management was “aware” of the issues at the Marion Barry building, according to department spokesperson Jasmin Holmes. “Over the past year, we monitored the work being performed by DGS contractors to resolve outstanding concerns,” says Holmes. When asked if the office knew of any buildings with a fire watch that went on so long, Holmes says, “We are not aware of any other buildings operating under a fire watch.”
The elevators at 441 4th St. NW. Photo credit: Darrow Montgomery
Five hundred “trouble” alerts
DGS set up the fire watch with the blessing of the District of Columbia Fire and Emergency Medical Services after a false alarm fire alert in May 2025 led employees to evacuate the Marion Barry Building, per an employee’s council testimony this year. Except, none of the alarms on the ninth floor went off, leaving those employees unaware of the (luckily nonexistent) fire below.
A month later, an employee on the ninth floor “started an intense smoke-producing event in one of the break rooms when they accidentally microwaved a dry packet of noodles,” according to council testimony documents. The incident activated “industrial fans” to ventilate—but the floor’s smoke alarms again failed to go off.
DGS then created the 7 a.m. to 5 p.m. workweek fire watch, hiring contractors from the ASAP Firewatch company in Fairfax, by submitting a plan to the Office of the Fire Marshal for approval. Fire watches are supposed to be a “short-term, emergency measure intended to provide an acceptable level of life safety when an unsafe or hazardous condition exists in a building or structure,” per FEMS’ policy, which emphasizes it is “only a compensatory measure.”
Fire inspectors visited the building several times between the original May incident and late 2025, originally finding nearly 500 “trouble” alerts plaguing the fire alert setup, per FOIA records. By August, DGS’ repairs had reduced the number of alerts to around 30. The same inspection logs also detail issues fire officials found with the fire watch itself: In June they were discovered to be understaffed by two contractors and the five contractors that were on-site were using cellphones to communicate instead of the required radios.
“The repair costs reflect the complexity of the building’s life safety systems,” DGS spokesperson Jessie says of the scale and scope of the system faults that had to be repaired. “Every floor contains interconnected fire alarms, sprinkler systems, mechanical equipment, and emergency systems that must all work together. Repairs are not isolated fixes. They require testing, coordination, and integration across hundreds of devices throughout the building to ensure the system functions as one.”
Jessie notes sourcing some of the aging building’s specialized parts “can extend timelines and cost.”
FEMS declined to comment when asked for more information about inspections, the fire watch plan, elevator issues, and if there were plans to inform D.C. government employees or the public about the building’s safety issues.
“I used to work at 441,” Lewis George said of the Marion Barry Building during her January committee oversight hearing. “I don’t know how that building is still functioning and people are still functioning in it.”
D.C. government employee Zachary Love alleged during the same hearing that the building is rife with other “serious safety” issues, from roaches that have “fallen from the ceiling” onto employees, to the elevators. Love and other D.C. government employees have testified before the council as recently as two years ago with detailed complaints about having to pry themselves out of stuck elevators, and worse, elevators dropping with passengers trapped inside.
“To clarify, there have been no elevator ‘falls,’” says Jessie, when asked for details about the number of incidents. “Modern elevator systems include multiple built in safety redundancies designed to prevent that type of incident.”
“In some cases, elevators may temporarily malfunction or stop operating as intended, which can require assistance from building engineers or emergency personnel,” she says. “When an issue is reported through the elevator call system, notifications are received immediately and the elevator is taken out of service until it is inspected and cleared for operation.”
The Marion Barry Building hosts a staggering 14 elevators, all of which are currently being fitted with new doors and key components, which is expected to be completed by this fall, according to DGS. The department is currently seeking to replace and upgrade more elevator equipment, but funding for this expanded project may be in jeopardy as Mayor Muriel Bowser has proposed a 36 percent reduction to DGS’ municipal buildings maintenance budget for fiscal year 2027. This comes at a time when elevator repair costs and lead times in aging buildings across the U.S. are mounting, as mechanics in the niche industry retire and parts must increasingly be custom-made if they can be found at all.
Councilmember Lewis George tells City Paper she was “disappointed” by the mayor’s proposed cuts, which, she says, “will further limit DGS’s ability to prevent and repair facilities issues across all government buildings, including those in dire disrepair like the Marion Barry Building.”
The Marion Barry Building. Photo credit: Darrow Montgomery
‘The hands and feet of the District’
The Marion Barry Building houses offices for dozens of D.C. government agencies, including the State Board of Education and the Office of the D.C. Attorney General, and used to house many more when the Wilson Building was closed for repairs.
Ward 2 Councilmember Brooke Pinto, who chairs the council’s public safety committee, declined to comment on the latest safety issues plaguing the Marion Barry building and referred City Paper to the Department of Buildings, where a DOB spokesperson declined to comment and referred the City Paper back to DGS.
“I think there is an impact most importantly to staff morale,” Marion Barry Building employee Lovesaid during his January 2026 testimony. “Fire alarms and basic occupational safety are a cost of doing business, and if it is true that we are the hands and feet of the District government, then we are entitled to a minimum level of safety.”
D.C. Third-Party Power Customers Paid 70 Percent More Than Pepco Rates, Costing Households Millions
Credit: Darrow Montgomery
Selena switched electricity suppliers to save money. In November 2017, a man she knew from her Congress Heights neighborhood knocked on her door with a promise: Switch providers, lower her Pepco electric bill.
But what began as an attempt to lower her monthly costs spiraled into a yearslong merry-go-round of disputed electricity charges, mounting debt, and a chaotic Pepco bill.
In D.C.’s deregulated electricity market, consumers can choose from among several companies for their electricity supplier. Some advertise cheaper rates, others claim 100 percent renewable energy. Even if customers switch suppliers, Pepco still delivers the power and sends out their bills.
After seeing her costs spike, Selena, who asks that only her first name be used, says she canceled her service with Star Energy a few months later. But her bills didn’t go down. “My bills have never been that high,” she says. “I thought Pepco had gone crazy.”
In reality, the charges weren’t from Pepco. They were from a rotating roster of eight different companies that enrolled Selena in their services at least 14 times between 2017 and 2021, according to an email she received from Pepco. Along with Star Energy, the list included companies she’d never heard of including MPower Energy, Indra Energy, and Smart Energy. Selena says she was enrolled without her knowledge and at one point, the list grew to 15 different unknown suppliers on her bill.
This unauthorized enrollment of consumers into high-interest energy contracts is so common that it has a name: “slamming.”
The practice left Selena—who pays her rent with the help of a government subsidy—thousands of dollars in arrears on her Pepco account.
Pepco directed her to dispute the charges with the third-party suppliers, but because it took years for her to realize her accounts had been switched around, the companies claimed she wasn’t in their systems, she says. In an email, a Pepco representative advised her to dispute any unauthorized enrollment with the Public Service Commission, but Selena says that her complaint to the PSC didn’t solve the problem either. She was left with no choice but to apply for utility assistance and pay down the accumulated debt.
Last year, Selena found two new suppliers lurking on her Pepco bill. Pepco gave her a new account number—one she now guards vigilantly, she says.
The District’s deregulated energy market is intended to create competition and lower costs, but it has left residential customers like Selena vulnerable to excessive charges and predatory practices, according to a September 2025 report by the DC Department of Energy and Environment. Now, Mayor Muriel Bowser is proposing legislation to enhance consumer protections for residential retail energy customers.
The DOEE report, which analyzed retail electricity data from July 2023 to August 2024, estimates that residential customers who selected third-party suppliers paid 70 percent more per kilowatt-hour than Pepco’s Standard Offer Service, or SOS as it appears on customers’ bills, resulting in $17.85 million in overpayments for consumers.
Households receiving utility assistance fared even worse, paying 80 percent more per kWh and losing $4.04 million. Although these households make up only 8 percent of all homes, they account for about a quarter of the accounts with third-party electricity suppliers, the report found.
According to Pepco Senior Communications Manager Addie Kauzlarich, third-party suppliers provide electricity to approximately 32,550 residential customers—about 10 percent of the District’s nearly 327,000 residential accounts.
“Unfortunately, DOEE’s findings show that overall, lax rules have meant exploitation of customers,” a spokesperson for DOEE tells City Paper in an email.
“What took D.C. so long?” Laurel Peltier, chair of the Maryland Energy Advocates Coalition and founder of Retail Energy Revealed, says in reaction to the DOEE report. “Although D.C. is a relatively small residential electricity market, it has produced some of the most extreme retail energy pricing outcomes in the United States.”
DOEE identified predatory practices such as aggressive door-to-door marketing that targets low-income neighborhoods, slamming, and teaser contracts that automatically renew, often resulting in rate plans that can cause sudden and unpredictable spikes in electric bills. Last June, the Office of Attorney General issued a consumer alert about these practices.
Third-party supplier customers were twice as likely to be in arrears (55 percent) compared with Pepco SOS customers (25 percent); they also have an average monthly arrears of $760—nearly double the SOS average of $404, according to the report. While 40 suppliers operate in the residential space, one supplier controls roughly 25 percent of the market, according to the DOEE report, which does not identify the company.
By contrast, commercial electric customers (such as office buildings and retail stores) thrived under the third-party supplier system. They paid an average of $0.095/kWh—31 percent lower than Pepco SOS rates—and saved $193.57 million over the same period, according to DOEE. Larger commercial entities may have benefited from the leverage to negotiate better rates, according to the report. And while third-party suppliers serve less than one-third of commercial customers, they provide more than 83 percent of all commercial electricity.
Classified as residential, master-metered apartment buildings—where the landlord is the customer rather than individual tenants—showed rates on par with Pepco SOS prices, averaging $0.10/kWh, though arrears per account were high, according to the DOEE report. Because of the small sample size, it’s difficult to make conclusions about the data for this group, the DOEE spokesperson says.
The high prices are not explained by renewable energy costs, which only add about $0.012/kWh, according to DOEE’s analysis.
The DOEE analysis also found that the high costs third-party suppliers impose on residential customers are effectively subsidized by taxpayers. Many low-income households using third-party suppliers turn to the District’s utility assistance programs, creating a “burden” on those programs, according to a DOEE slide presentation accompanying the report.
Third-party suppliers further minimize their risk of customer nonpayment by transferring the debt to Pepco through the Purchase of Receivables program. Under the POR program, third-party suppliers sell outstanding consumer debt to Pepco at a discount rate set by the Public Service Commission; Pepco then collects the debt from customers through its monthly bills.
“That was part of the sweetheart deals these suppliers got when everybody was like, ‘This could be a really good thing. … Maybe they really will lower the price of electricity,’” Peltier says of POR. Now, it’s just another predatory aspect of the market, she adds.
The report found that on average, 4,151 disconnection notices per month were issued to electricity customers in the POR program; 7 percent resulted in disconnections.
The DOEE spokesperson tells City Paper, “these costs are ultimately passed on to all ratepayers, since the ‘Purchase of Receivables’ process allows third-party energy suppliers to offload arrears debt onto Pepco.”
PSC records reflect a similar concern. While “no part of the POR program costs should be recovered from ratepayers,” the Commission admitted that “there is no simple way to mitigate a high POR Discount Rate without impacting non-POR ratepayers,” in an order approving an increase to Pepco’s discount rate in June 2025.
In that case, Pepco proposed raising the discount rate from roughly 4 percent to nearly 15 percent, due to a surge in uncollectable debt. Pepco wants a higher discount rate because it assumes the risk that some customers may not pay their bills, while electricity suppliers want a lower rate because the discount reduces how much money they receive. For example, if the discount rate is 15 percent, Pepco pays the supplier $85 for every $100 in receivables it purchases. If the discount rate is only 4 percent, Pepco pays the supplier $96.
Regulators ultimately settled on an 11.3 percent rate. In a dissent, Commissioner Richard Beverly argued that the rate should be raised to approximately 6 percent so as not to harm the competitive market. Beverly cited concerns of the Retail Energy Supply Association, a lobbying group for third-party suppliers.
“Shifting the burden of bad debt collection to utilities would divert focus from the companies’ core mission of providing safe and reliable service,” OPC warned last year, adding that the “adverse impacts on low-income and residential households far outweigh any gains.”
OPC was sounding the alarm on these massive residential losses five years before the DOEE report. A 2020 OPC study found that residential consumers overpaid by approximately $20.5 million in a two-year period by purchasing electricity from third-party suppliers.
According to a detailed statement provided to City Paper from the agency, OPC received a total of 2,985 complaints between fiscal years 2023 and 2025, which increased sharply over that period and disproportionately affected residents in Wards 5, 7, and 8.
For electricity customers facing rising household debt and service shutoffs, they were often charged two to three times the standard supply rate. OPC does not have the authority to issue fines—that authority is reserved for PSC—but its interventions have successfully led to account corrections, refunds, and the removal of third-party suppliers, according to a statement from OPC.
Since 2021, out of 4,458 complaints handled by PSC’s Office of Consumer Services, approximately 572 complaints were about third-party utility suppliers (for both electricity and gas), according to spokesperson Whitney Douglas.
While PSC is tasked with regulating third-party suppliers, Douglas says, “No enforcement actions have been taken against any of these suppliers.”
Credit: Darrow Montgomery
In contrast to the District, Maryland’s Public Services Commission has initiated enforcement actions against predatory third-party suppliers. Last year, it ordered SmartEnergy—one of the companies on Selena’s account—to refund $6.5 million to more than 32,000 customers following a six-year battle over deceptive telephone marketing and illegal enrollment practices.
The New York State Public Service Commission has been equally aggressive in its oversight of third-party suppliers. Last year, the commission approved a settlement requiring nine NRG Energy-affiliated companies to pay $50 million in billing adjustments to 278,000 current and former customers in the state.
New York has also gone after MPower Energy, a company that was added as a supplier on Selena’s account four times without her knowledge. While New York has not banned MPower, the company is currently facing a pending legal proceeding to revoke its license due to allegations of deceptive marketing and unauthorized customer enrollments.
In 2019 and 2021, MPower was hit with class action suits in New York and New Jersey alleging deceptive business practices. The company managed to stall these legal challenges by effectively moving the disputes out of the courtroom and into individual arbitration.
MPower’s annual compliance reports filed with D.C.’s PSC reveal the company’s rapid growth in the District. The company’s annual electricity sales in D.C. increased nearly 20-fold between 2021 and 2025, jumping from 1,254 MWh to 25,316 MWh.
According to D.C.’s OPC, MPower was the target of 260 complaints between fiscal year 2023 and fiscal year 2025, the second highest number during that time frame.
Across several states with third-party electricity suppliers, similar data has shown that residential customers—especially low-income households—were more likely to enroll with third-party suppliers, be charged higher rates, and experience higher average losses.
A 2021 Wall Street Journal investigation found that residential consumers in deregulated markets have overpaid by more than $1 billion annually compared with standard utility rates.
In a March 2026 report, Massachusetts found that residential electric supply customers lost an estimated $738.7 million over 10 years. In Maine, residential consumers lost $156 million from 2016 to 2024. Pennsylvania consumers have overpaid by more than $205 million since 2015.
Across the border, Maryland has effectively dismantled its retail energy market. The law, which took effect in July 2024, introduced major reforms, including mandated price caps, contract limits, and licensing requirements for salespeople. It also prohibits Pepco from purchasing customers’ debt from third-party suppliers.
Six years earlier, Maryland’s Office of People’s Counsel presented a report that found the state’s consumers paid approximately $54.9 million more for electricity and gas than if they had purchased energy from their utilities.
Peltier, whose own reporting has been influential in Maryland, says there are currently no retail supply offers in the state because of the new protections, but powerful industry groups, such as the Retail Energy Advancement League, which was founded by a coalition of major retail energy companies collectively worth billions, continue to push the benefits of “choice.”
On its website, the organization is currently “advocating for legislative changes that will return energy choice to customers, create energy resilience in Maryland, and deliver a positive customer experience.”
The DOEE report recommended several measures to protect consumers from high electricity costs. They include capping residential rates to Pepco’s standard utility prices, banning early termination fees, and ensuring households on utility assistance pay no more than the standard rate. Variable-rate and short-term contracts, with rates that could suddenly spike or automatically renew at higher rates, should also be prohibited, according to the agency’s recommendations.
The report also calls for regular reporting of third-party supplier financial and sales data, restrictions on POR debt purchasing, and exploring community energy programs that let neighborhoods buy power in bulk to save money.
Bowser’s energy reform legislation, which is included in the 2026 Budget Support Act, largely aligns with DOEE’s recommendations. It adds reporting requirements, establishes residential price caps at 110 percent of Pepco’s standard rate (with PSC-approved exceptions for innovative services), prohibits early termination fees, and holds third-party suppliers liable for predatory sales tactics.
While noting that the legislation stops short of eliminating the controversial POR system, Peltier tells City Paper, overall, it’s a win for District residents.
Bowser’s approach would tighten the rules while keeping the market alive. It hinges on the oversight of a PSC board, whose members are appointed by the mayor, which has made little effort to rein in suppliers and currently faces a deep lack of trust with residents who are already furious over the agency’s approval of excessive Pepco rate hikes.
Compounding the friction is the commission’s refusal to issue customer refunds in light of a decision by the D.C. Court of Appeals vacating the PSC-approved two-year rate hike plan. Instead, PSC has chosen to keep electricity rates at the levels approved in the order that was rejected by the court until a new order is issued in the future.
In a press release this month, the Office of the People’s Counsel slammed the commission’s inaction.
IDT Energy representatives tabling in Columbia Heights. Photo credit: Suzie Amanuel
“The Court clearly ruled the process by which the rates were set was flawed. But the Commission finds it appropriate to require the public to wait to learn whether it will receive any justice at all, while Pepco can continue ‘business as usual,’” Deputy People’s Counsel Karen Sistrunk says.
Ward 4 Councilmember Janeese Lewis George and former At-Large Councilmember Kenyan McDuffie, both of whom are running for mayor, have championed stringent retail market oversight and expanded PSC powers to penalize deceptive providers, according to responses from their respective campaigns to City Paper’s questions.
Lewis George, in a statement from her communications director Amanda Michelle Gomez, promises to appoint PSC commissioners who will fight for families: “Many Washingtonians are being exploited and paying more for less,” the statement says. She pledges to keep bills in check while advancing affordable clean energy. “DC cannot continue to have lax utility regulation,” she adds. (Gomez is a former City Paper reporter.)
McDuffie, through press secretary Christian Herald, vows to “end predatory tactics by third-party suppliers through an aggressive enforcement mandate,” while arguing that utility requests must benefit residents “not company shareholders.” He says “lower costs, reliable service, and real transparency will be the North Star,” promising not to support any commissioner who doesn’t meet this “litmus test.”
McDuffie’s critics, such as Sierra Club Political Committee Chair Mark Rodeffer, challenge his record.
“When former councilmember Kenyan McDuffie was responsible for oversight of the PSC, he provided none,” Rodeffer says in written testimony to the D.C. Council. “He never meaningfully challenged the commissioners on the skyrocketing utility rates that they rubber-stamped.”
Despite the alarming DOEE report, and Bowser’s proposals to address the issue, third-party suppliers are still out in force.
Last month in Columbia Heights, I came across representatives for IDT Energy who were soliciting residents with ease (the company has racked up 170 OPC consumer complaints). As I walked past their table, they handed me a flyer and gave me the pitch: “Come back with your utility bill and an ID.” That small request is the first step into a marketplace that many find impossible to navigate.
“A buyer beware market is not good public policy for an essential service,” Peltier warns. “It’s sad because it’s just been going on for far too long.”
Interview: Metro CEO on partnering with federal government
What message would Randy Clarke, CEO of the Washington Area Metropolitan Transit Authority, give to President Trump?
"President Trump and the entire administration say they want to build, and they want to build faster," Clarke told the Dream City podcast. "Metro wants to build stuff, and we want to build faster."
In a wide-ranging conversation with Cuneyt Dil and Tom Sherwood on Dream City, Clarke said he has found plenty of common ground to work with the Trump Administration and will seek hundreds of millions of dollars in grant funding to accelerate Metrorail automation. Clarke also detailed future plans for Metro, including the proposed Gold Line express bus route, and talked about being a local celebrity--which he says is "a little awkward".
Dream City is supported by Spotlight DC. All episodes of Dream City are available on YouTube or wherever you listen to podcasts.
Watch: D.C. Congressional Delegate Debate
D.C. is preparing to elect its first new Congressional delegate since 1990—and only its third delegate ever.
In partnership with The 51st and The Washington Informer, Spotlight DC is hosting a debate between the candidates vying for the Democratic nomination.
Who is participating in the debate?
The five candidates are Trent Holbrook, Greg Jaczko, Brooke Pinto, Robert White, and Kinney Zalesne.
What time does it start?
The debate begins at 6 p.m. tonight, May 14.
When is the election?
The Democratic primary in D.C. is June 16. The general election is Nov. 3. Click here for more election and voting information from the D.C. Board of Elections.
What's at stake?
With Donald Trump’s federal government seeking to impose its will on the District and hamstring Home Rule, D.C.'s congressional delegate will play a more crucial role than ever. As our representative to Congress, they will represent our interests to the House, Senate, White House and the courts. Our independence is at stake. Will ICE agents have free rein to grab Washingtonians from their homes? Will Congress continue to withhold federal funds and interfere with our local budget? Will House members try to pass legislation that affects our rights to abortion, marijuana, and gun regulation?
D.C. healthcare cuts leave low-income residents with fewer options and worse care
(Maddie Poore)
Karen Hernandez has been in worse health since October.
The Ward 1 resident and mother of three has multiple conditions that require medical care. Until recently, she says she was receiving injections every six months to help with her chronic back pain, while undergoing physical therapy in preparation for surgery on her arm. That all used to be free for Hernandez through the DC Health Care Alliance, a locally funded insurance program for low-income immigrants who don’t qualify for Medicaid or Medicare.
But it all changed on Oct. 1, when the Department of Health Care Finance (DHCF) reduced Alliance members’ benefits and made it more difficult to access many forms of care. That’s in addition to implementing tighter income requirements as part of a plan to end adult enrollment on that insurance program by October 2027 — a proposal that would leave the vast majority of around 19,000 beneficiaries like Hernandez with few, if any, affordable health insurance options.
Alliance no longer covers physical therapy for adults, while injections and surgical procedures require a doctor to call for a “prior authorization,” according to the most recent member handbook. When Hernandez went to her appointments after the change, however, she says she was told her insurance no longer covers any of these services, and that another injection alone would cost her $7,000 out-of-pocket — several times the amount that her household earns in a typical month.
It all means living with more pain.
“If I walk, I feel a cramp. I feel hurt,” Hernandez told The 51st. “Sometimes I can’t walk, because it hurts.” In total, the changes mean that over 40,000 low-income D.C. residents like Hernandez have lost some of their benefits or lost their coverage entirely, according to estimates from DHCF and D.C.’s Health Benefit Exchange Authority.
At a breakfast meeting with D.C. Council members last month, Mayor Muriel Bowser characterized the recent cuts to healthcare spending as a way to address rising costs during dire financial times. She presented even bigger potential reductions — including dropping the Alliance income limit to just 24% of the federal poverty level on Oct. 1 of this year, completely eliminating adult enrollment on Alliance next year, and canceling Medicaid coverage for around 93,000 childless adults in fiscal year 2029 — as a difficult but necessary money-saving strategy as the District seeks to close a funding gap of $1.1 billion going into the next fiscal year.
“These changes are going to make these programs more sustainable for more people, for a longer period of time,” said Bowser, who declined to comment on any follow-up questions about her statements or her budget proposal until after it is introduced (it is expected in early April).
DHCF estimates that healthcare rollbacks will save about $189 million in fiscal year 2026 and $233 million in fiscal year 2027. Most of this year’s savings — about $109 million — is from Alliance changes, while $80 million comes from DHCF reducing the income limit for Medicaid.
Patients, healthcare workers, and service coordinators, however, described a heavy human toll, with some patients enduring worse health outcomes because they’re missing medicines and treatments that their insurance no longer covers. They say others are passing up work opportunities in order to meet stricter income limits, getting teeth pulled that they could have saved if they had dental insurance, or facing greater challenges finding transportation to crucial medical appointments.
Another major blow to D.C.’s healthcare programs came on Jan. 1, when DHCF cut Medicaid coverage for about 17,000 people. Most of these beneficiaries transferred to a new program, Healthy DC (also known as the Basic Health Plan), which lacks benefits like dental and vision insurance. Unlike Medicaid, this program is fully federally funded.
While the transition went smoothly from an operations perspective, many beneficiaries didn’t realize their plans had changed — leaving some care centers overwhelmed with patients who didn’t know how to access their new health plan.
Despite extensive outreach efforts both before and after the change, Mila Kofman, executive director of D.C.’s Health Benefit Exchange Authority, said she believes many people still don’t know they lost Medicaid coverage and probably won’t learn about it until the next time they try to get care.
In some cases, the consequences of this confusion might be relatively minor, just requiring a care provider to call an insurance company to get a patient’s new ID number. But other instances may be more serious. For example, Kofman said she has had limited success in contacting about 2,200 residents who lost Medicaid and don’t qualify for Healthy DC — meaning they’ll have to begin paying monthly premiums through D.C.’s Affordable Care Act marketplace.
“All of our tried and proven communications and outreach strategies that have worked well for other populations that we serve, they don’t work for this population,” Kofman told The 51st.
Hernandez, an Alliance member for over two decades, wants local leaders to recognize the impact of their decisions.
“We really need their help,” Hernandez said. “Not only for my family — I am asking for everybody, equally, because we need the insurance for our health.”
At the ER after losing health insurance
Gabby Salado, a student services coordinator at Briya Public Charter School, has witnessed the impacts of cuts on low-income immigrants firsthand.
She recalled one instance where a student in her adult education classes didn’t show up to class for a few days and then missed an appointment to help him navigate social services. Salado gave him a call, and learned that he hadn’t been coming because his face was swollen and his teeth were causing him too much pain.
“The obvious question was, like, ‘Well, have you gone to the doctor?’” Salado recalled. “His answer was simply, ‘No. I have no money. This is too expensive for me.”
The Ward 1 resident ended up in the emergency room that night, Salado said. He and his wife texted her from the hospital with questions about how to navigate billing.
Salado says he’s a former Alliance member, among the roughly 8,600 people who have lost their coverage since DHCF lowered the program’s income limit in October — a steep drop from 27,600 to 19,000 beneficiaries as of the first quarter of this year. Deputy Mayor for D.C. Health and Human Services Wayne Turnage has attributed the decline to tighter eligibility requirements, a moratorium on new enrollments, and also a fear of immigration enforcement.
Because of their immigration status, the overwhelming majority of these former beneficiaries aren’t eligible for any other publicly funded healthcare programs. Among roughly 2,200 people who lost coverage at the end of September, for instance, only 55 were identified as potentially eligible for Healthy DC or a Qualified Health Plan.
Before October, Salado said her office often helped students apply to Alliance, but the program now no longer accepts most new enrollees over age 25. Instead, a more stringent income cap at 138% of the federal poverty level — about $22,000 per year, for a one-person household — has brought painful decisions to many families still on Alliance.
“A lot of the families were like, ‘We barely make enough to pay rent, but now they’re saying that we make too much for healthcare,’” Salado said.
Some beneficiaries now must walk a careful line, earning enough money to provide for their families, but not making so much that they lose their healthcare.
“They pass up the bit of extra income that they could get, out of fear to lose their benefits,” she said.
People who lost Alliance coverage — such as Salado’s student who ended up in the ER — find themselves in an even more precarious position. For instance, Hernandez’s husband, who is the sole breadwinner for their household of four, has been left paying $435 every few months to cover his blood pressure medicine, and can no longer afford another medication that he takes for his diabetes, which would cost $1,000 for a refill, Hernandez said.
Some former beneficiaries have been finding help at federally qualified health centers like Mary's Center and La Clínica del Pueblo, which offer care on a sliding pay scale and are obligated to help people regardless of their insurance status. Even so, tight finances and limited awareness about available options have left many families weighing the cost of taking care of their health against other needs like paying rent and buying food.
“If the medicine is cheap, [families] cover it. If the medicine is expensive, they don’t,” Hernandez said.
Medicaid changes create barriers to care
When around 17,000 D.C. residents lost Medicaid coverage in January, it triggered weeks of confusion for some of D.C.’s most vulnerable patients.
Faith, a social worker at a D.C. cancer center who asked to go by her middle name because she isn’t authorized to speak to the media, said the change brought immediate chaos to her workplace as patients began showing up with Medicaid cards that no longer worked. When administrators checked these patients’ insurance status, they were all listed as uninsured.
“It was just, like, two full weeks of total pandemonium, and we received basically no guidance from the D.C. government ahead of time about how to navigate these changes in coverage,” said Faith, who has since left that facility to work for a different cancer center in Virginia.
The Health Benefit Exchange had mailed new member ID cards and multiple notices to all 15,000 people who were automatically added to Healthy DC, and had coordinated with groups like the DC Medical Society and DC Hospital Association on informing physicians. However, Kofman said that information about how to access new ID numbers may not have reached office managers or front office staff, and that many beneficiaries didn't realize the significance of the mail they received.
Additionally, Kofman said her team has been successful in contacting only about 300 of the 2,200 people who lost Medicaid and are ineligible for Healthy DC, despite multiple rounds of calls, texts, emails, and notices.
“You make things seamless, and run the risk that some patients will not know that things have changed,” Kofman said.
While Faith’s team eventually sorted out the logistics, complications have continued for patients who used to rely on Medicaid to get rides to appointments. Healthy DC doesn’t cover non-emergency transportation, presenting a problem for patients who don’t have a car, can’t afford a rideshare and, in some cases, are too sick or immunocompromised to take transit.
Gwen Umbach, a paralegal at another D.C. healthcare facility, described one instance of a patient calling the fire department for help because ice and snow prevented her from getting to a bus stop. In the past, Medicaid would have covered a ride directly from her doorstep.
Some patients with disabilities are still able to get rides through the MetroAccess Paratransit program for a couple dollars. Even so, Umbach said the cost and the extra effort create new barriers.
“I have one patient who has rescheduled a meeting with me three or four times now, because she doesn’t have a friend or family member available who can drive her … and she doesn’t have the money for any other option,” she said.
DHCF did not respond to questions about how many Medicaid members use non-emergency transportation each year, or how much it would cost to restore Healthy DC members’ access to this benefit.
More issues may be coming down the pipe for Healthy DC beneficiaries because the program also doesn’t cover vision or dental insurance. Dr. Steven Myles, the senior dentist at Bread for the City, has already been witnessing health impacts on members of Alliance since that program stopped covering dental in October.
While Bread for the City provides patients with full-service care whether they have insurance or not, the health center sometimes has to refer patients to specialists for more complicated procedures. But that’s not a viable option for low-income people without dental insurance, who may end up having to choose between living with pain and losing a tooth.
“We’re seeing a lot more extractions, or people just losing their teeth when they could have saved their teeth,” Myles said.
In addition to patients losing their dental insurance, Myles noted that fear from the increase in deportations may be making some people afraid to seek care.
Budget fights begin
Major decisions about the future of D.C.’s healthcare programs are at stake during this year’s budget season — and storm clouds are already gathering. While several councilmembers have joined a push to restore benefits to Alliance and Healthy DC members, Bowser has expressed commitment to keeping current reductions in place and moving forward with plans to end adult enrollment on Alliance by October 2027.
One pressure point concerns $21 million that the D.C. Council approved to restore current Alliance members’ benefits. While CFO Glen Lee greenlit DHCF to spend this funding in December, the agency hasn’t done so yet.
Bowser voiced concerns at the February breakfast meeting about “whiplash” if Alliance members see benefits temporarily restored, but then taken away again this October, when DHCF is on track to reduce the program’s income limit once again.
“We made some very well informed, difficult decisions last year around this, and they’re turning out pretty well in terms of how these programs are operating, so I would invite you to stick with them,” Bowser said.
Her stance prompted criticism from policymakers including Ward 5 Councilmember Zachary Parker, who noted that the $21 million is in the budget that the D.C. Council approved and that has been signed into law.
It remains unclear when, if ever, Bowser and the Council will reach an agreement on how to spend the money. Neither DHCF nor At-Large Councilmember Christina Henderson, chair of the Council's Committee on Health, responded to inquiries.
In the meantime, four councilmembers have signed a letter urging Bowser to restore funding for various social programs in this year’s budget proposal — returning Alliance to previous eligibility levels and adding benefits including dental and vision coverage for Healthy DC members, among other changes.
“The safety net is at risk of being dismantled and in desperate need of corrective action,” wrote Henderson, Ward 1’s Brianne Nadeau, Ward 4’s Janeese Lewis George and Ward 6’s Charles Allen.
Bowser, by contrast, pointed to healthcare costs that are rising faster than inflation and $700 million less available revenue projected in the coming fiscal year. In financial times like these, she argued, some forms of support for D.C.’s most vulnerable residents are just too expensive.
“I believe that the current changes put us on a more sustainable path, and that’s likely what I would advance again,” Bowser said.
How D.C. Developers Use the Law to Jeopardize Rent-Controlled Housing and Create Pockets of Poverty
(Abel Berhane)
It has been a little more than a year since Leilany Rayatestified about the “unspeakable living conditions” in her Columbia Heights building.
In March 2025, Raya told the Committee on Housing, chaired by At-Large Councilmember Robert White, about the “ongoing mistreatment” of tenants, many of whom were children and seniors, after Ernst Equities purchased the building in 2023.
“Since Ernst Equities acquired our building, we have faced continuous violations of our basic tenants rights,” Raya told elected officials. “The developer’s actions, coupled with the District’s lack of enforcement, have left us in unsafe, unhealthy, and completely intolerable living conditions.”
Many of the units had gone without heat for a week the previous winter, Raya said, and severe leaks, mold, rodent infestations, and an unsecured entrance remained unaddressed despite several requests for urgent repairs. Raya said Ernst Equities continually offered tenants buyouts to leave.
“Why don’t you use that money to actually repair our units? Why are you still buying properties when you don’t have the funds to actually repair our building?” she said.
White, along with reps from multiple government agencies, went to visit the building following the hearing. But Raya says in a recent interview with City Paper that nothing has changed.
By July 2025, the property had accumulated 125 housing code violations, totaling $132,273 in fines, and Raya is now in court battling an eviction case she claims was filed in retaliation for her refusal to take a buyout. As part of the case, Raya now pays $600 a month into the court registry—less than half of the full monthly rent of $1,269; a judge reduced the rate due to the condition of her apartment, she says.
Raya’s experience is a consequence of a calculated business strategy outlined by Ernst Equities’ founder, Felipe Ernst, for transforming unprofitable rent-controlled buildings into cash cows.
Ernst explained his strategy on a 2020 episode of a business podcast: “We’ll be filling up those units with voucher tenants, and then we’re making now a lot more money off the rent,” he said, adding, “The rent comes 100 percent from the government, so, you know, it’s locked in. … There’s not a lot of risk.”
The key to generating profits, Ernst said, was targeting tenants with housing vouchers who could pay up to $1,000 above market-rate rents.
“If you have a market tenant and you have a voucher tenant, and the rates are the same, nine out of 10 times you’re probably gonna go with the market tenant, because you’re like, oh, he has a job, and like, he’s probably not gonna mess shit up,” Ernst said.
Getting the existing tenants out was simple, Ernst explained. “These people, a lot of them, are low-income, minorities, and they’ve never seen, you know, a check for over $5,000,” he said.
But the true “secret sauce” to permanently increasing profits are voluntary agreements. The deals, under Ernst’s strategy, include relatively modest buyouts for tenants, and in exchange they agree to vacate their homes and to permit Ernst to increase the rent-controlled rate more than the law would otherwise allow. In January 2025, the D.C. Council reauthorized the use of voluntary agreements after a three-year moratorium, adding new procedures meant to act as guardrails on large increases. Voluntary agreements are one of the ways landlords in D.C. can legally increase rents beyond the incremental increases allowed by law.
The strategy, in essence, allows developers to extract large, low-risk profits from public funds, which in turn fuel the acquisition of more buildings. Ernst owned three units in Shaw in 2015. He’s since expanded his portfolio to more than 2,300 rental units in the D.C. area, according to his bio for Georgetown University, where he is an adjunct lecturer.
Ernst is not alone in implementing this strategy. While the District grapples with an affordability crisis and about 17,000 households on the waitlist for housing vouchers, some developers—with the support of lenders and property managers—are exploiting the voucher program to convert affordable rent-controlled properties into lucrative, voucher-only buildings, according to court filings, public records, targeted rental inquiries, and tenant interviews.
Kate Scott, executive director of the nonprofit Equal Rights Center, says the strategy fundamentally undermines the housing voucher program’s original intent.
“The concept that drove the development of the Housing Choice Voucher program to begin with was that it would promote integration,” she says. “So if you are developing buildings or groups of buildings that are only voucher holders, then it’s really contrary to the purpose of the voucher program.”
The displacement push
In March 2025, Jasmine Joyner, White’s constituent services coordinator, sent an email to multiple D.C. agencies outlining “several critical issues affecting the residents’ quality of life and safety” at Raya’s building on Clifton Street NW.
The list included serious fire safety hazards, excessive mold growth, a “rampant rodent infestation,” and a lack of heat that left residents, including seniors, in “intolerable conditions” for two months.
Joyner wrote the email after White’s staff and reps from various government agencies visited the property to observe the conditions. Management neglect resulted in accumulated trash and a broken front door, according to Joyner. City Paper observed similar conditions on a recent visit nearly a year later.
“Our goal is to address these matters promptly and ensure accountability from Ernst Equities, the property management company,” Joyner wrote.
A month after Joyner’s email, Raya says tenants received notice that Blue Jay Property Management was taking over as the building’s property manager. But after a little digging, Raya was dismayed to learn that Ernst was still behind the company. He announced in a social media post that he rebranded Ernst Equities into Blue Jay Property Management and Capitol Rock as the private equity investment arm.
These days, Raya says she believes all of her new neighbors have housing vouchers. But while taxpayers are paying Ernst luxury-apartment-level rates, his tenants continue to live in hazardous unsanitary conditions, she says.
Amelia moved into the Clifton Street NW building in January 2024 after leaving a homeless shelter with her three young children. Her voucher pays $3,400 for a converted two-bedroom unit. The city-wide DCHA average for a unit that size is $2,343. Amelia says the unit is “more like a one and a half” bedrooms.
DCHA policy, outlined in documents provided to the D.C. Council, requires inspectors to verify that any converted bedroom meets HUD and D.C. standards—minimum square footage, a closet, a window, and both primary and secondary egress. The policy is designed to prevent owners from inflating rents by adding noncompliant partition walls to claim higher-bedroom units.
Amelia says a ceiling fixture fell shortly after she moved in, flooding her entire kitchen. She has contended with severe and ongoing maintenance issues, including mold, fungus growing out of the floor, a lack of heat, and a burnt electrical wire behind the stove that an electrician said could be a fire hazard. The property management portal says the electrical wire repair was “COMPLETED,” but Amelia says that’s not true.
“This is not just one thing wrong, like, this is everything,” Amelia says. “Even when they came to supposedly fix my apartment, they did a half-assed job.” She says she reported a broken soap dish in the bathtub to the property manager multiple times, but it has gone unaddressed. A few weeks ago, Amelia’s 3-year-old daughter fell in the tub and was injured by a jagged edge of the porcelain; the toddler cut her back and required nine stitches, Amelia says.
She thought things would improve after White’s office visited her unit last year. “They just came and they looked and they showed interest, but nothing ever was done,” she says. “I’ve called the DOB four times now. They’ve come out twice, but it still hasn’t made a difference. I’m so stuck here.”
Amelia says she has tried to get help from a revolving cast of caseworkers. But inevitably, she says she is told that if she doesn’t like her unit, she can go back to a shelter.
Ernst defends his company’s handling of the property, saying they bought the building out of foreclosure and it had a lot of deferred maintenance.
“The building was in really poor condition,” he says. “And we’ve tried to invest in it as much as we can, and we have spent a considerable amount of money on the property.”
Ernst denies that his strategy is to push out rent-controlled tenants, saying he wants to “lease to the open market and to try and provide housing that everyone can be proud of.” He attributed the high advertised rents to Morningstar, which he says took over property management in October.
“Everything that’s happened since then has been outside of our purview, our direction, and our control,” Ernst says.
Mazen Zaatari, managing partner of Morningstar Community Development, which is part of the ownership group of the Clifton Street property, clarifies that his company Earning Housing Management is responsible for operating the property. He tells City Paper the partners voted to remove Ernst’s company, Blue Jay, from managing the Clifton Street property, due in part to the housing code violations, in addition to management of two other properties.
Zaatari insists that the advertised rent of $4,240 is an error, and says his company has spent $130,000 on maintenance and repair backlogs to turn things around since taking over in November. And if repairs were halted after tenants refused buyouts, that was “not on our watch,” he says. “I will assure you that I’ve never and will never force anyone out of their unit.”
Zaatari shared contracts for trash pickup, cleaning services, and pest control, but City Paper observed piled up trash and dead roaches at the Clifton Street property as recently as early March.
Reasonable rent?
Between 2020 and 2023, while Ernst was building his rental portfolio, the D.C. Housing Authority, which administers the housing voucher program, overpaid for 1,339 apartments, according to the agency’s own rent study, totaling $17.2 million in payments above standard market rate.
DCHA instituted a rent reasonableness review to prevent voucher overpayments in July 2023, a process that landlords tried to manipulate to secure higher rents, according to City Paper’s analysis.
Susie McClannahan, fair housing director at the Equal Rights Center, questions the ongoing lack of transparency from DCHA.
“Rent reasonableness determinations seem to be exceedingly arbitrary and nobody in the city really seems to know how DCHA is making these determinations, or how the tool that it’s using is coming up with these calculations,” McClannahan says.
City Paper’s review of data retrieved via the Freedom of Information Act on approximately 80 records of approved rents in Raya’s zip code shows DCHA paid an average of $3,950 for three-bedroom, one-bath units in 2024.
Many of Ernst’s properties, such as those in Adams Morgan and Columbia Heights, are located in high-opportunity neighborhoods that enable upward economic mobility for low-income residents. These neighborhoods tend to have higher median incomes, more college-educated residents, and lower incarceration rates. When vouchers are paired with support, studies show, low-income families are much more likely to relocate to these areas.
But the research only looks at neighborhoods as a whole—it doesn’t track what happens when developers create new, highly clustered enclaves of poverty even within high-opportunity neighborhoods.
Even as his business strategy favors concentration of tenants with vouchers, Ernst acknowledged in the podcast interview the importance of creating mixed income buildings: “You have market rate tenants, you have voucher rate tenants, which, in my opinion, is the catalyst for a successful city, as opposed to having, like, isolated poverty.”
‘Two-bedroom with a pantry’
Similar practices that displace tenants are evident at other properties undergoing ownership change, including a complex with nearly 60 units near the intersection of Alabama Avenue and 22nd Street SE in Congress Heights. The distressed property went into receivership after the OAG sued the former owner for life-threatening housing conditions and was sold in bankruptcy in December 2023.
The new owner, Antawan Williams, planned to fully renovate the neglected properties, but tenants say they were shut out from the benefits of renovations. Tenant Joyce Jollysued Williams in May 2024, accusing him of refusing to make repairs and of “saying the property is uninhabitable to encourage the tenant to move out,” according to the lawsuit.
Water service was periodically shut off and the landlord—an LLC controlled by Williams—had stopped mail and garbage service, Jolly alleged. Her complaint detailed a broken furnace, holes in the floors, a mice infestation, and the smell of mold permeating the building. In the motion for a temporary restraining order, Jolly asked to be moved to a renovated unit during repairs.
Jolly ultimately signed a settlement agreement, agreeing to vacate in exchange for $26,500. The payment was to be made in two installments: $14,000 within three days of signing the agreement and $12,500 within three days of moving out. But Jolly later had to return to court to enforce the agreement after Williams’ LLC failed to make the second payment. The landlord claimed Jolly moved out one day late and violated the agreement; a judge found that argument unpersuasive,
The newly renovated units were advertised by Hart Communities Foundation in 2025, including in a video posted to Instagram aimed specifically at people with housing vouchers. “If you have DCHA, DHS, Career MAP, Rapid Rehousing you are welcome to come with all your paperwork, copy of ID, social, birth certificate, income statement, and updated voucher,” a Hart Communities employee said in the video. “If you don’t have an income statement … or income let us know. We have zero income forms available for you. Come meet us there. You have an opportunity to get some brand new units. Let’s go!”
In a phone call, Williams says that when he purchased the property, the previous owner had already hired someone to relocate the tenants. He says only eight or nine people lived at the property, and four were “squatters.”
Williams denies working with Hart Communities and says his company “accept[s] all tenants.”
“I’m a businessman. I follow the law. I know the laws of D.C. government, so therefore I don’t force any tenant out,” he says.
Williams repeatedly refused to say whether the property was rent-controlled, only stating, “I’m a great landlord, and the D.C. government loves me as a landlord. …We accept any tenant, whether or not they have a market rent, voucher, or whatever.”
Hart Communities did not respond to calls from City Paper.
By the fall of 2025, three of the buildings had certificates of occupancy, according to court filings from Williams’ LLC, and were filled, in part, by tenants with housing vouchers. But by December, a lawyer for Williams’ LLC said in court documents that the goal of “filling up the units with voucher holders,” had been hampered by market conditions.
But DOB records show that none of the buildings in the Alabama Avenue SE complex have current certificates of occupancy, meaning tenants cannot legally live there. And a 2024 inspection for one of the buildings, 2429 Alabama Ave. SE, was disapproved, citing basement storage rooms converted into units without approved plans or permits; unauthorized plumbing, electrical, and mechanical work; and multiple fire and safety compliance issues.
Units in the Congress Heights complex are now advertised by a new entity, DaDukes Developments. The company lists a renovated three-bedroom unit at the complex for $2,498, calling it “a steal of a deal.”
One tenant who currently lives in a three-bedroom unit describes it as a “two-bedroom with a pantry.”
The suits file in
Practices that exclude low- and moderate-income renters without vouchers from affordable units have prompted intervention from the D.C. Office of the Attorney General.
Last January, the OAG sued Petra Management Group, alleging that the company exploited a rent-control loophole that allowed Petra to charge higher, subsidy-backed rents instead of the lower rent-controlled rates.
The District’s Human Rights Act prohibits discrimination based on a person’s source of income. The law is meant to protect voucher holders from discrimination, which remains rampant. But it can also apply to the exclusion of tenants without vouchers.
The OAG alleged that Petra engaged in this type of exclusion at three complexes with more than 100 units—the Adams, the Madison, and the Keystone. Petra allegedly leased only to tenants with vouchers and misled prospective tenants by advertising apartments at inflated, voucher-based rates.
In October 2025, Petra entered into a settlement with D.C., agreeing to pay $700,000 in penalties, advertise all available rent-controlled apartments at lawful rates, end discriminatory leasing and advertising practices, provide fair housing training to staff, and undergo three years of compliance monitoring.
More recently, the OAG has pursued lenders who financed or appraised properties planned to house only tenants with vouchers.
In February, the OAG sued Red Oak Capital Holdings, alleging its lending and appraisal practices discriminate based on a tenant’s source of income, violating the District’s Human Rights Act. According to the OAG, the real estate lender structured loans and appraisals for more than 300 rent-controlled units with the expectation that developers would rent primarily to voucher holders for higher subsidized rents. This strategy, the OAG claims, effectively undermines rent control and reduces access to affordable housing.
Red Oak previously appraised or approved almost $55 million in loans to slumlord Ali “Sam”Razjooyan or his associates for properties that would be rented exclusively to voucher holders.
Ernst says his company has never applied for or received a loan from Red Oak. And though Webb says he has never received a Red Oak loan, he would not say whether he has ever applied for one. But an internal Red Oak underwriting document obtained by City Paper contradicts those claims.
The ‘secret sauce’
The voluntary agreements that are at the heart of Ernst’s strategy provide a legal loophole that permanently jeopardizes access to affordable housing in D.C.
A voluntary agreement allows tenants in rent-controlled buildings to negotiate significant rent increases with their landlord, typically in exchange for improvements, repairs, or buyouts. The law requires that at least 70 percent of a building’s tenants agree to the terms.
Ernst tells City Paper that he used voluntary agreements in two or three buildings that were in such disrepair that they needed full gut renovations.
He explained the risk and rationale behind voluntary agreements on the podcast: “Anita Bonds and the councilmembers are trying to get rid of it, because they’re saying that it’s destroying the affordable housing stock in the city, which is a valid point,” he said. “At the same time, the buildings are in total disrepair, and these tenants are eventually going to pass away, and it’s locking down the rents.”
Mel Zahnd, supervising attorney with Legal Aid, describes voluntary agreements as a “pressure tactic” that landlords often use after issuing threats to raise rents beyond what the rent control law will allow.
Tenants are given an “unfair choice to either agree to a voluntary agreement that gets passed on to future tenants, or face those very significant rent increases themselves, Zahnd says. “That’s just an unfair position to put the tenant in and overall undermines affordability for the city.”
Petra, for instance, was able to legally raise rents at its 67-unit Brightwood property to levels similar to those challenged by the OAG simply by using a voluntary agreement that increased rents by 139 percent to 810 percent—ranging from $1,813 to $3,622.
Tenants were offered $30,000 to sign the voluntary agreement and move out, according to a copy of a move-out agreement.
Petra CEO Rashid Salem told City Paper in a 2023 email “in negotiating the Voluntary agreement, we would accommodate any tenant that wants to stay. It is economically unfeasible to renovate a unit or building and not receive rents to offset the cost of construction and modernization. Without this, rent control buildings put owners in a position where they cannot make the capital improvements necessary to keep the buildings up to par.”
Ernst has used voluntary agreements, or purchased buildings where a previous owner’s voluntary agreement already raised rents, several times over. An 11-unit building on Kenyon Street NW saw rent increases ranging from 132 percent to 325 percent after Ernst entered into a voluntary agreement with the tenants in 2018. Every unit experienced an increase of at least $1,500 per month.
At 3538 6th St. NW, Ernst used a voluntary agreement in 2017, increasing rents between 69 percent and 214 percent. The rent for one unit, which went from $1,152 to $1,950 under the agreement, was later increased to $4,069 in 2019 using another rent control loophole for reconfigured units.
In 2025, Ernst Equities sued DCHA for nearly $50,000 in unpaid rent for a single unit at 3538 6th St. NW. The agency responded in court records by quoting the voucher contract, which says “DCHA shall not make any housing assistance payment if the contract unit does not meet the housing quality standards,” and adding that Ernst “failed to meet these standards as of December 2023.”
Signing these agreements can create perverse incentives for landlords, Zahnd says.
“What we have seen very often in buildings with voluntary agreements is after the tenants sign voluntary agreements the landlords then will neglect the building, allow conditions to get worse until tenants feel that they have to move, and then the landlord will take those larger rent increases,” he says.
Zahnd notes that while there was political momentum to abolish voluntary agreements, there has been little public explanation for the decision to maintain them.
“I’m concerned that the current procedures do not sufficiently protect against the predatory nature of voluntary agreements,” he says. “I think these have been used to undermine affordability for many years, and I don’t see much justification for maintaining them.”
As the District reauthorized a tool that erodes affordability, neighboring Montgomery County is using its 2024 rent stabilization law, which applies to more than half of the county’s approximately 114,000 rental units, to address the affordability crisis.
According to a recent report by the Montgomery County Department of Housing and Community Affairs, rent stabilization has contributed to stronger housing code enforcement and reduced displacement and housing instability, which disproportionately affect Black, Latino, immigrant, and low- and fixed-income households.
Even as the study from a neighboring jurisdiction points to the positive outcomes for at-risk populations, civil rights advocates raise concerns about the local concentration of voucher holders.
“Voucher holders are essentially being exploited for really high rents and in buildings that have very poor conditions,” says McClannahan of the Equal Rights Center. “This speaks to the larger issue of rampant source of income discrimination in the city, which makes it extremely difficult for voucher holders to find units.
“It creates a predatory submarket in which less scrupulous landlords can try to exploit the rents from the voucher program to make a large profit on units that are not being maintained or would be considered habitable,” McClannahan says.
D.C. residents saw Pepco bills skyrocket this winter
Dozens of readers reached out to The 51st about the drastic increases they've seen in recent electricity bills from Pepco. (Maddie Poore)
When cold weather arrives, most people expect to see a bump in their utilities. But many D.C. residents were shocked to see their electricity bills had doubled and even tripled this winter — in some cases, climbing over $1,000 in a single month.
“Your first thought is that it's something you're doing wrong,” said Rawan Abhari, whose February Pepco bill topped out at $303 and whose next bill is projected to be at least $400. But after reading stories about other residents going through the same thing, she realized the problem was bigger than just her household.
It’s hitting home for D.C. lawmakers, too. Ward 4 Councilmember Janeese Lewis George said she received a Pepco bill for $899. For At-Large Councilmember Robert White, it was $1,100.
Pepco customers say that these bill increases are unsustainable, and that they’re at a loss about what to do about them.
“My bill quadrupled the past two months and I don’t know what to do to fix it,” emailed Alexander, a D.C. resident who asked to go by his first name to maintain his privacy. He lives in a 750 square foot one-bedroom apartment, and says his Pepco bill climbed to $400.
The 51st dug deep into why your electricity bills are rising, and what’s being done about it.
What does Pepco have to say?
The utility has pointed to the region’s historically cold winter as a cause of rising heating demand and costs. “December 2025 was the coldest December in ten years, followed by a January that also ranked the coldest January of the past decade,” read a February press release.
But in an email to The 51st, Pepco’s own data show that their D.C. customers actually used more energy in January 2025 than January 2026.
A Pepco spokesperson said that because of the way the company’s billing cycle works, it still doesn’t have the full picture for January 2026 energy usage and numbers may shift.
Some D.C. residents are unconvinced that the cold weather explains the extent of their rising bills, however, and have noted to The 51st thattheir energy usage isn’t drastically different from months or years past.
Harrison Pyros, communications coordinator for the public utility advocacy group We Power DC, said that newer buildings, which should be more energy efficient than older homes, were also facing high electricity bills. “They shouldn't be seeing these types of doubling,” Pyros said.
Extreme cold and excessive heat can have an influence on electricity bills — but weather alone doesn’t tell the full story of why residents are seeing drastic changes.
Pepco hikes rates while data centers surge
For about five years, Pepco has been using a new method to raise their rates. Instead of using historic data to propose updated rates — as it has previously done — the utility has used forecasted budgets and projected expenditures to set rates. In other words, Pepco had estimated how much it will spend on new projects and infrastructure in future years, and sought to raise rates to pay for it ahead of time.
Using this “multiyear rate plan” framework, Pepco has gotten permission to raise rates twice in the last five years: once in 2021 and again in 2024. Each plan calls for rate hikes to take place over the course of multiple years. Both of these plans — the first for $108 million and the second for $123 million — were approved by the D.C. Public Service Commission (DCPSC), which oversees the city’s utility companies.
Thanks to these plans, Pepco’s rates have gone up almost every year since 2021. In turn, so have electricity bills for D.C. customers.
The rate hikes aren’t the only part of the electricity bill equation, however. Another variable is the cost of electricity, which Pepco does not control.
Due to the recent rapid proliferation of data centers — particularly in Northern Virginia, which houses 35% of the world’s data centers — there has been around an $8 to $10 billion cost increase in the regional energy supply since 2024, said Mike Jacobs, who leads the Union of Concerned Scientists’ work on electricity markets and regulatory reform.
Tough questions for the utility
When Pepco proposed the multiyear rate hikes to the DCPSC, the company said the projected funds were necessary to cover the costs of grid maintenance and infrastructure upgrades.
But consumer advocates have questioned the accuracy of Pepco’s budget forecasting. They’ve also said there is too little transparency and accountability around how Pepco actually ends up using the money, as Washington City Paper reported last year. One piece of testimony to the DCPSC found that the utility did not spend the $94 million it collected after its first rate hike.
Last spring, the D.C. Office of the People’s Counsel (which advocates on behalf of utility customers) filed an appeal over the 2024 hike, arguing that the DCPSC ignored required due process for evaluating the initial rate hike.
“We don't know really where the money [from multiyear rate plans] gets shifted oftentimes,” said OPC’s Assistant People's Counsel Ankush Nayar.
In an email to The 51st, Pepco spokesperson Addie Kauzlarich says the $94 million number is “misunderstood.”
“This was not unused money or funding that went somewhere else. It simply reflects the difference between the projects Pepco planned to complete and put into service during those years and what was actually completed,” Kauzlarich said, citing COVID-related challenges and supply chain issues as reasons for the delay. The utility also earned less than its approved return during this time, she said.
Pyros is skeptical of this justification. “We as ratepayers are fronting the money and then hoping that a for-profit utility is going to act in good faith and spend that money responsibly,” Pyros said.
As a condition of the second approved rate hike, Pepco agreed to undergo a management audit. The audit was meant to evaluate the accuracy of the company’s forecasted spending — a critical part for understanding how effective Pepco’s multiyear rate plan actually is. Two versions of that audit, a public version and confidential version, were filed to the DCPSC in December.
In public comments from the U.S. General Services Administration (GSA), which represents federal facilities serviced by Pepco, the agency wrote that the audit affirmed “serious concerns” about the multiyear rate hikes, and that there was a “fundamental disconnect” between Pepco’s planning, actual costs, and customer benefits.
“Pepco has done a poor job at accurately forecasting costs and billing determinants under the [Multiyear Rate Plan] framework,” reads one line in the 13-page file by the GSA.
Is the D.C. government doing anything about rising Pepco bills?
There are a handful of bills that D.C. councilmembers are working on to address D.C.’s growing utility affordability crisis. Ward 1 Councilmember Brianne Nadeau introduced a bill last February that would prohibit electric and gas utility companies from disconnecting services in the winter and summer months for households with vulnerable individuals, including children under 18, seniors aged 65 and older, individuals with disabilities, those who are pregnant or 12 weeks postpartum, and recipients of public assistance programs such as TANF and SNAP.
Another bill introduced last year, by Ward 6 Councilmember Charles Allen, would require the Department of Energy and Environment to automatically enroll income-qualifying households into utility assistance programs. “Because the programs make you jump through hoop after hoop after hoop, a lot of people who need it can't even navigate their way through all the different application processes,” said Allen about D.C.’s utility assistance programs.
Last week, Councilmember Robert White introduced a bill titled “Utility Rates and Ratemaking Amendment Act of 2026,” which aims to add guardrails for multiyear rate plans that would “shift the financial burden off of customers.” One major change includes mandating that future rate hikes are proposed on the basis of historic costs, not forecasted budgets.
Allen’s office also just introduced a bill this week that would make it quicker and less costly for residents to get their rooftop solar panels connected into the grid. In a press release, the councilmember’s office said that plug-in technology could save residents 10% to 30% on their electricity bills.“I think that can make a meaningful difference for people who want to be able to put solar on their homes and reduce their costs,” Allen told The 51st.
How can I make my voice heard?
While the D.C. Council doesn’t have direct control over Pepco, they do have oversight power over the DCPSC. The commission has faced immense criticism for voting to approve the multiyear rate hikes that have helped raise prices. On Feb. 27, the D.C. Council is holding a performance oversight hearing for the Public Service Commission, as well as for the Office of the People’s Counsel.
Any person or organization can register to testify in-person, over Zoom, or submit their testimony online. Pyros says people who are struggling with high electricity bills should show up and share their experience.
We Power DC is also teaming up with the Chesapeake Climate Action Network to call for new leadership at the DCPSC. Two commissioners, Chair Emile Thompson and Commissioner Ted Trabue, are currently up for reappointment.
“With affordability top of mind for D.C. residents this election season, voters deserve a say in choosing a leader who will hold utilities accountable and help bring costs down. That means no reappointments before the November election,” said Claire Mills, D.C. Campaigns Manager at CCAN, in a press release.
The DCPSC also opened an investigation into energy affordability in the District after the OPC filed a petition last November. While the initial comment deadline has passed, a spokesperson for the PSC said that the commission is “always open to additional comments from residents.” Comments can be submitted on the DCPSC’s website.
Moonlighting: D.C. Rental Housing Administrator Solicits Landlord Clients For His Side Gig
Terrance Laney (left) was tapped by Mayor Muriel Bowser as deputy director of the Office of Office of Lesbian, Gay, Bisexual, and Transgender Affairs in 2015. He became CASD administrator in 2019. Photo courtesy of the D.C. government.
Terrance Laney serves as the administrator for the Department of Housing and Community Development’s Rental Conversion and Sale Division. In that role, which he’s held since 2019, he is tasked with enforcing tenant rights.
As CASD administrator, Laney has taken a hands-off approach, forcing some tenants to pursue long and costly legal battles to enforce their rights, according to City Paper’s review of Tenant Opportunity to Purchase (TOPA) Act complaints and lawsuits.
But Laney also works a side gig through his private law firm where he advertises compliance services for landlords. An Instagram ad for his firm announces: “This year is going to be a huge turnaround year for DC landlords. Contact me ASAP for a consultation,” adding, “Several new exemptions from TOPA and other changes to the law provide landlords seeking to sell their properties with more clarity and certainty.”
“It’s pretty shocking. … You’re not supposed to be doing stuff that relates to your government job,” attorney and Shadow Senator Paul Strauss says of Laney’s dual roles. “If it’s not an actual conflict, it certainly creates the appearance of one, which, in and of itself, is problematic.”
In response to questions about the potential conflict, Laney says that his private legal work primarily focuses on trusts, wills, and estates. He’s only handled a few landlord-tenant eviction cases, he says, where he has represented both tenants and landlords. He emphasizes that none of his firm’s cases have to do with TOPA.
“I’ve taken every D.C. government ethics course about outside employment, and I’m very well aware of what the rules are,” Laney tells City Paper over the phone. “I’m not prohibited from having an additional job. I’m not prohibited in any way by working for myself outside of what I do at DHCD, so long as I’m not doing it on company time with company equipment and also marketing myself outside or trading on my position in D.C. government.”
Laney adds that he checks for conflicts before taking on any private client and would recuse himself from cases related to his agency responsibilities. He says he informed DHCD and the Board of Ethics and Government Accountability about his outside employment, but he would not confirm that either agency gave him official approval.
“You can scour my website,” Laney says. “If you take the time, you won’t even see any reference to the D.C. government.”
But when City Paper checked the site following the interview, it appeared to have been scrubbed. It now displays only a photo of Laney with the text “Coming Soon.”
One of the deleted pages was saved on the Internet Archive’s Wayback Machine. It says: “I help landlords comply with Washington, DC housing laws by guiding them through complex regulations, lease requirements, tenant rights, and local compliance standards. From drafting enforceable leases to advising on rent control, housing code obligations, and lawful eviction procedures, I help landlords avoid costly mistakes while protecting their property interests.”
Another deleted page from Laney’s website says: “Legal help for landlords shouldn’t be expensive or complicated. I provide affordable, straightforward legal services for small property managers and landlords – so you can protect your property and focus on managing it with confidence.” “Compliance” and “enforcement” are listed among the firm’s core services.
While D.C. government employees are not banned from outside employment, D.C.’s Ethics Manual prohibits them from activities or jobs that “conflict with government duties or interfere with their ability to perform their job,” that “allow others to capitalize on the employee’s official title or position,” or where the employee serves “as an agent or attorney for any outside entity in matters before the District.” The DC Department of Human Resources further advises that jobs creating, or even giving the appearance of, a conflict of interest should be avoided.
Employees designated as public officials are required to disclose all outside employment or business activities that generate income or involve a formal role. The most recent filing for Laney is for 2024—before he established his law practice.
After City Paper contacted DHCD about Laney’s outside employment, agency spokesperson Tim Wilson says in an email that the matter has been referred to the Board of Ethics and Government Accountability for review and Laney has been put on leave.
Director of Government Ethics Ashley Cooks says the advice they provide to employees is confidential, “so I can’t disclose that information. But “in general, the ethics rules prohibit employees from engaging in outside employment that conflicts with District employment,” she says.
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Shortly before Laney’s appointment in 2019, former Legal Aid DC Supervising Attorney Beth Mellen raised concerns during testimony before the D.C. Council about lax enforcement of TOPA and housing laws on behalf of tenants.
TOPA is designed to preserve affordable housing for low-income tenants and prevent displacement and “CASD plays a critical role in achieving the purposes of TOPA,” Mellen said in February of that year. She urged councilmembers to fill the job with someone who had expertise in TOPA.
One of CASD’s main responsibilities is overseeing the implementation and enforcement of TOPA. The law grants tenants the right to match an offer and potentially purchase their building when an owner decides to sell. CASD receives and processes TOPA filings, tracks tenants’ exercise of their rights, provides technical assistance to tenants and landlords, and oversees tenant complaints about noncompliance by property owners.
“In my role at DHCD, I’m a neutral regulator,” says Laney, who became a licensed attorney in 2024, and started his law firm last October, according to his LinkedIn profile. In 2015, Mayor Muriel Bowserappointed Laney as the deputy director of the Office of Lesbian, Gay, Bisexual, and Transgender Affairs.
But few, if any, tenants who turn to his department for help find relief. According to Wilson, out of the 60 TOPA complaints received by DHCD between May 2020 and May 2025, none have been resolved in the tenants’ favor, primarily due to incomplete or unproven appeals.
The tenants at the five-unit building at 4021 Third St. SE thought they did everything right after they received notice from their landlord in September 2023 that the property was up for sale.
They organized a tenant association (the first step in exercising TOPA rights), and in October of that year submitted the registration and letter of interest to the landlord requesting documents required by TOPA, including the sale contract, building floor plan, itemized operating expenses, and the rent roll, which the seller was obligated to provide within seven calendar days. But the landlord’s agent, Dan Crosby, never responded as he’s legally required to do.
One month later, the owner, 1146 17th Street NE LLC, sold the property in violation of TOPA, prompting the tenant association to file a complaint with CASD, according to court records. (Crosby is listed as the LLC’s registered agent; Stephanie Kohan and James Strasbourger are listed as the beneficial owners.)
Laney rejected the tenant association’s petition, writing: “At this juncture, because the Property has already been sold, the Division does not have legal authority to remedy the potential violation of your rights. The Division is tasked with regulatory enforcement which occurs before a violation occurs. Because the tenant association’s rights appear to have been violated, your situation is now a legal matter for which you will require an attorney’s representation.”
The tenants appealed Laney’s decision to the D.C. Court of Appeals, arguing that the agency’s refusal to act was arbitrary and legally flawed and that DHCD has broad enforcement powers, including the ability to issue orders, impose fines, and seek court enforcement—even after a violation has taken place. The appeals court sent the case back to DHCD in June of last year, and Laney issued a new decision—this time granting the petition and finding that the landlord failed to negotiate in good faith with the tenants.
After a lengthy fight to get DHCD to confirm that their TOPA rights were violated, the tenants filed suit in D.C. Superior Court this week against the landlord and the new owner, Bapky LLC.
Another Court of Appeals ruling, in February 2024, sharply criticized DHCD for mishandling tenants’ TOPA petitions.
That case started in 2021, when landlord Vaughan McLean LLC sought to sell hundreds of units it owned in the McLean Gardens condominium complex. (Beneficial owners of the LLC include Michael Albert, Christie Heberle, and Richard Cohen; all of them list an address in New York City.)
The landlord claimed each of the units were single-family homes and were therefore exempt from TOPA. (The D.C. Council exempted most single-family accommodations from TOPA in 2018.)
But a group of tenants objected in petitions to DHCD in September 2021, arguing that because the buildings contained multiple rental units—and had previously been classified as multifamily housing—the sale should trigger TOPA’s stronger protections, including the right to purchase.
Laney rejected the tenants’ petitions in July 2022, concluding that the units were single condominium units and therefore covered by the exemption.
The tenants, upon discovering that their landlord communicated with Laney in private, asked for the decision to be reviewed again about a week later, which Laney again denied. In their request, the tenants highlighted the private communication as a “shocking violation of one of the most basic norms of the legal practice.”
Tenants appealed Laney’s decisions, and again the Court of Appeals found significant problems with his analysis.
“Because DHCD’s rulings contain factual findings not supported by substantial evidence and legal conclusions for which we cannot discern a basis, we reverse DHCD’s denial of these petitions and remand to allow DHCD to provide more complete and accurate grounds for its decision,” the court ruled in February 2024.
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Last October, the Council passed the Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act, which eliminated TOPA rights for large swaths of tenants.
In a Zoom meeting earlier this month hosted by the trade group called the Small Multifamily Owners Association, Laney spoke directly to the landlords in attendance on the law’s implementation.
Laney explained that property owners seeking to claim the new construction exemption to TOPA—which, he said, could also apply to renovated buildings—must notify tenants before March 31 that the property is no longer subject to TOPA. But, he added, there is no penalty for failing to send this notice.
Laney said the new rules now require DHCD to issue written certifications of TOPA compliance, which can be filed with the Recorder of Deeds, within five days of receiving notice from an owner. According to Strauss, this change will make it more difficult for tenants to bring successful TOPA complaints.
Strauss adds that the previous CASD administrator, Lauren Pair, “was very personally motivated to find the right answer and make what she considered to be good law. Terrance has been more procedurally oriented. … You couldn’t really have a lengthy phone call with him on the merits of anything. So they had very different styles.”
In response to a question from a landlord about TOPA transactions, Laney advised, “I would push that person to talk to a lawyer, because when you’re talking about specific actions I can take that are favorable or disfavorable to me in this process, that’s bordering on legal advice.”