This chapter shall be known and may be cited as the Rental Housing Act of 1985.
The Council of the District of Columbia finds that a housing crisis exists in the District of Columbia, and that the public interest requires regulation of rental housing to prevent speculation, the deterioration of the housing market, and unconscionable rent increases, while providing landlords with a reasonable rate of return on their investment.
Key definitions: 'Housing accommodation' means any structure or building in DC containing one or more rental units. 'Rental unit' means any residential unit rented or offered for rent for living or dwelling purposes. 'Housing provider' means a landlord, owner, lessor, sublessor, or agent. 'Tenant' means a person entitled to possession, occupancy, or benefits of any rental unit. 'Rent' means the entire amount of money or benefit demanded, received, or charged by a housing provider as a condition of occupancy or use of a rental unit.
Rent stabilization (rent control) applies to all rental units in DC EXCEPT: (1) units in buildings first occupied after January 1, 1976; (2) units in buildings with 4 or fewer units where the owner is a natural person who owns no more than 4 rental units in DC; (3) units owned by a government entity; (4) single-family homes where the owner is a natural person.
For rent-stabilized units, a housing provider may only increase rent: (1) once every 12 months; (2) by no more than the lesser of CPI for all urban consumers in the Washington metro area plus 2%, or 10%; (3) after proper 30-day written notice; or (4) through a petition to the Rental Accommodations Division for a greater increase based on hardship or substantial capital improvements.
A housing provider may petition the Rental Accommodations Division (RAD) for a rent increase beyond the CPI adjustment if the housing provider demonstrates: (1) the increase is necessary to prevent substantial deterioration; (2) the housing provider is experiencing financial hardship; or (3) the housing provider has made substantial capital improvements. Tenants have the right to contest such petitions.
Before implementing any rent increase, the housing provider must provide the tenant with written notice of the rent increase at least 30 days before the effective date. The notice must state the new rent amount, the percentage increase, the basis for the increase, and the tenant's right to challenge the increase.
All housing providers of rent-stabilized units must register with the DC Department of Housing and Community Development (DHCD) Rental Accommodations Division and obtain a Basic Business License (BBL). Failure to register may bar the housing provider from recovering possession or collecting rent increases. All DC rental housing providers should also register with DC's Department of Licensing and Consumer Protection (DLCP).
A housing provider may not recover possession of a rental unit unless the tenant: (1) fails to pay rent; (2) violates an obligation of the tenancy after notice and failure to cure; (3) performs an illegal act within the unit; (4) causes substantial damage; (5) the housing provider seeks to personally occupy the unit; (6) seeks to sell the unit; (7) seeks to substantially rehabilitate the building; (8) the unit is condemned; (9) seeks to demolish the building; or (10) other enumerated just-cause grounds. A housing provider may not evict a tenant without just cause regardless of whether the tenancy is month-to-month or the lease has expired.
For nonpayment of rent, the housing provider must provide written notice to the tenant of the alleged nonpayment and allow the tenant 30 days to pay the full amount owed. If the tenant pays within 30 days, no eviction action may be filed. If the tenant fails to pay within 30 days, the housing provider may file in DC Superior Court Landlord and Tenant Branch.
For a lease violation, the housing provider must provide written notice describing the violation and give the tenant 30 days to cure. If the tenant cures within 30 days, no eviction may proceed. If the violation is repeated within 12 months after a prior notice, the housing provider may proceed without a second cure period.
For evictions based on personal occupancy, sale, substantial rehabilitation, or demolition, the housing provider must provide written notice of at least 90 days (or 120 days for rehabilitation/demolition). Tenants displaced for rehabilitation or demolition have the right to return to the unit at the prior rent plus any lawful increases.
Before a housing provider may sell a rental property, the housing provider must first offer the tenant or tenant association the opportunity to purchase the property on the same terms as any third-party offer. Tenants have specific statutory deadlines to exercise the right of first refusal. TOPA applies to all rental properties in DC regardless of size.
Security deposits in DC may not exceed one month's rent. Deposits must be placed in an interest-bearing escrow account in a federally insured financial institution in DC. Interest accrues at the greater of 4% per annum or the current passbook savings rate. Deposits must be returned within 45 days of termination of tenancy with an itemized statement of deductions. Failure to return timely results in forfeiture of the right to retain any portion and liability for double damages plus attorney fees.
Tenants displaced by substantial rehabilitation, demolition, or conversion are entitled to relocation assistance of at least $500 per room (not less than $2,500 total) from the housing provider, in addition to the right to return to the unit.
A housing provider may not bring an action for possession or otherwise retaliate against a tenant for: (1) reporting housing code violations; (2) organizing a tenant association; (3) exercising any right under the Rental Housing Act; or (4) contacting government agencies about housing conditions. A rebuttable presumption of retaliation arises if adverse action occurs within 6 months of protected activity.
The Office of the Tenant Advocate (OTA) is an independent DC government agency that provides legal advice and information to tenants, advocates for tenant rights in the legislative and regulatory process, and assists tenants in exercising their rights under DC law. OTA can be reached at (202) 719-6560.
No housing provider shall refuse to rent, discriminate in the terms of a rental, or harass any tenant or prospective tenant because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business.
📄 View Official Source ↗
Effective: DC has one of the most expansive lists of protected classes for housing purposes in the country.
All eviction actions in Washington DC are filed in the Landlord and Tenant Branch of DC Superior Court, located at 510 4th Street NW, Washington DC 20001. Phone: (202) 879-4879. The Landlord and Tenant Branch handles all possession actions including nonpayment of rent, lease violations, and no-fault evictions.
No housing provider shall attempt to recover possession of a rental unit by any means other than a court proceeding in DC Superior Court, including by removing doors, windows, or locks; shutting off utilities; removing the tenant's personal property; or otherwise interfering with the tenant's quiet enjoyment. Violation exposes the housing provider to actual damages, treble damages, and attorney fees.
A housing provider may enter a rental unit only: (1) in case of emergency; (2) to make repairs with at least 24 hours written notice; (3) to show the unit to prospective tenants or purchasers with reasonable notice; or (4) as otherwise agreed in writing. The housing provider may not abuse the right of access or use it to harass the tenant.
A tenant shall: (1) pay rent when due; (2) keep the rental unit clean and sanitary; (3) dispose of waste properly; (4) not deliberately destroy or damage the unit; (5) comply with all applicable housing codes; (6) not interfere with the rights of other tenants or neighbors; and (7) comply with reasonable rules and regulations of the housing provider.
Tenants may petition the Rental Accommodations Division to challenge any rent increase they believe violates the Rental Housing Act, including increases that exceed the CPI allowance, increases on unregistered units, or increases that are retaliatory. Tenants may also petition for rent reductions based on decreased services or housing code violations.
🔍 Tenant Screening in District of Columbia
Understanding District of Columbia's landlord-tenant law is the foundation of good property management.
The next step is screening tenants before they sign the lease — before these laws ever need to be invoked.
Learn About Tenant Screening in District of Columbia →
📄 Legal Forms for District of Columbia Landlords
State-specific forms drafted by attorneys. We may earn a commission at no extra cost to you.
Underground Landlord — District of Columbia Landlord-Tenant Law Resource
