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DC Council enacts emergency legislation to overturn merchant liability for Talbert Street homes

The bill states that the District is not liable for poor construction of the Southeast condo complex.

WASHINGTON — On Friday, the DC Council voted overwhelmingly to pass emergency legislation that removes the District’s liability for the Talbert Street condos during its legislative session. Only two councilmembers, Robert C. White, Jr. and Trayon White, Sr., voted against the measure.

An amendment that would’ve carved out an exemption in the legislation for the Talbert Street homeowners was also overwhelmingly struck down by the same margin, 10-2. Councilmembers Robert C. White, Jr. and Trayon White, Sr., both supported the amendment.

The problems began back in 2017 when residents bought condos in the 46-unit complex through the District’s first-time homebuyer program.  But just months after moving in, the building’s foundations started to crumble, forcing the new homeowners out.

Back in September, a DC judge ruled that the District acted as a merchant in the project and could be held liable by the residents. That emergency legislation clarifies that the District government cannot be considered a merchant, and thus cannot be held responsible.

During the legislative session, many of the council members argued that this would protect the District from future liability. 

“Yes we need high standards in the things that were built, but we’re not the people with the hammers and nails in our hands,” says councilmember Matthew Frumin. “If we take on liability for that, if we as a District do, then it forces us to get out of the game entirely.”

However, some strongly disagreed, pointing to the long-term damage the homeowners have suffered since signing on to the program.

“We funded the development, we selected the developer, we articulated who needs to be in the building, only HPAP, our contractors steered these residents towards this property,” said Councilmember-at-Large Robert C. White Jr. “The District government played every role here, and victims here are the ones that really got hurt, and unfortunately today, we left them hurt.”

Now many of the displaced residents wonder where to go from here.

Terri Wright, who works for the attorney general’s office, says she heard about the opportunity through an email sent out by her office. When she applied, she was referred to the Talbert Street condos. Although she still remembers holding her keys for the first time in 2018, she now feels like the District let her down. 

“I think I did everything right,” she said. “I work for the government, I go to work, I work hard to make sure that I can provide for that generational wealth. That’s what I believe everyone is trying to get a piece of. Who doesn’t want that? I think I deserve it.”

Now she lives in Suitland, Maryland, but all she wants is what was promised to her. 

“I want to be able to provide the same thing that I had with my family. I’m not looking for a handout, I’m not asking for the city to make me rich off this bad situation, I’m looking to go back into a home that is safe and secure for my family,” she said.

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