On October 17, 2024, the National Apartment Association (NAA) joined a coalition of partners across industries to legally challenge Washington, D.C.’s gas ban.
Background
Washington, D.C. recently passed legislation to ban the use of gas in all new construction (D.C. gas ban). The D.C. gas ban prohibits the use of gas appliances in the construction of new commercial buildings and substantially improved existing commercial buildings, including buildings used as residences over three stories (such as apartment buildings) in the District of Columbia after December 31, 2026, at the latest.
Why This Matters
The D.C. gas ban will restrict housing providers from using gas in new buildings and will force housing providers to conduct expensive electric retrofits in existing buildings they make substantial modifications to that currently have gas service. Given the potential impact on the rental housing industry, NAA has joined Washington Gas, the Restaurant Law Center and others in a lawsuit against the District of Columbia to challenge the D.C. gas ban.
The lawsuit centers on a single legal claim: The Energy Policy and Conservation Act (EPCA) expressly preempts the D.C. gas ban. In simple terms, the D.C. gas ban violates federal law designed to ensure covered appliances are subject to consistent energy use and efficiency standards no matter where they are sold in the United States.
Earlier this year, a coalition including the California Restaurant Association successfully challenged a first-in-the-nation ban on gas in Berkeley, Calif. This recent success in overturning a similar ban gives us confidence in joining Washington Gas and other local partners in this lawsuit.
“Limitations on gas-powered appliances plainly disregard renter preferences, increase operating expenses and jeopardize the long-term viability and affordability of rental housing,” said NAA General Counsel Ayiesha Beverly in a press release announcing the lawsuit. “For both renters and housing providers, access to affordable energy – including gas services – is paramount. This lawsuit importantly prioritizes long-term affordability and consumer choice as it challenges these gas bans as preempted under federal law.”
Gas bans do not represent our needs as the voice of the rental housing industry or the preferences of residents. NAA wants affordable, reliable energy—and Washington Gas is a committed partner in delivering this without compromise.