TOPA: Forms Two and Four For Single Family Dwellings

Hello this is Deirdre Brown your settlement agent serving the District of Columbia, Maryland and Virginia. Today we are going to talk about Single Family TOPA forms 2 and 4.  If you as a landlord have determined that your property qualifies under the single family home exemption amendment act of 2018 and have issued 

TOPA Form 1 to your tenants, the next step is to wait to see if the tenant responds with Form 2 and 4. The tenants have 20 days to respond and if the tenant does not respond within 20 days it is assumed that they are not exercising their TOPA 

rights and you now can end the TOPA process by issuing your title insurance underwriter’s affidavit. If the tenant does respond by sending TOPA Form 2 to the landlord and the Department of Housing and Community Development. And provides Form 4 with supporting documents to the Department of Housing and Community Development, the land lord must proceed with the 1980 TOPA process.  

To prove that the tenant is elderly they just need to show proof of being age 62 or older. To prove that they are disabled they need a doctor’s note or a disability letter from the U.S. Social Security Administration. Please note that this law specifically bans agents, landlords, title companies or anyone who is the Department of Community and Housing Development from asking a tenant to prove that they are elderly or disabled.  

 If you need more details about serving TOPA please reach out to me at lexicontitle.com 

If you have any questions or comments please reach out!

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