District of Columbia Tenant Bill of Rights

DISTRICT OF COLUMBIA OFFICE OF THE TENANT ADVOCATE
District of Columbia Tenant Bill of Rights

The Tenant Bill of Rights Amendment Act of 2014 , effective December 17, 2014 (D.C. Law 20147; D.C. Official Code 42-3531.07(8) & 42-3502.22(b)(1)) requires the D.C. Office of
Tenant Advocate to publish a D.C. Tenant Bill of Rights to be updated periodically and noticed
in the D.C. Register. This document is not exhaustive and is intended to provide tenants with an
overview of the basic rights of tenancy in the District. Except for rent control, all these rights
apply to every tenant in the District.
1. LEASE: A written lease is not required to establish a tenancy. If there is one, the landlord
must provide you with a copy of the lease and all addendums. The landlord must also
provide you with copies of certain District housing regulations, including those for
Landlord & Tenant relations. Certain lease clauses are prohibited, including waiver of
landlord liability for failing to properly maintain the property. The landlord may not change
the terms of your lease without your agreement. After the initial lease term expires, you
have the right to continue your tenancy month-to-month indefinitely on the same terms,
except for lawful rent increases. (14 DCMR 101, 106 & 300-399)
2. SECURITY DEPOSIT: The amount of the security deposit may not exceed the amount of
1 months rent. The landlord must place your security deposit in an interest-bearing
account. The landlord must post notices stating where the security deposit is held and the
prevailing interest rate. If there is a move-out inspection, the landlord must notify you of
the date and time. Within 45 days after you vacate the apartment, the landlord must either
return your security deposit with interest, or provide you with written notice that the
security deposit will be used to defray legitimate expenses (which must be itemized within
30 more days). (14 DCMR 308-311)
3. DISCLOSURE OF INFORMATION: Upon receiving your application to lease an
apartment, the landlord must disclose: (a) the applicable rent for the rental unit; (b) any
pending petition that could affect the rent (if rent control applies); (c) any surcharges on the
rent and the date they expire (if rent control applies); (d) the rent control or exempt status
of the accommodation; (e) certain housing code violation reports; (f) the amount of any
non-refundable application fee, security deposit, and interest rate; (g) any pending condo or
coop conversion; (h) ownership and business license information; (i) either a 3-year history
of mold contamination (as defined) in the unit and common areas, or proof of proper
remediation; and (j) a copy of this D.C. Tenant Bill of Rights document. The landlord must
make this information accessible to you throughout your tenancy. Upon a tenants request
once per year, the landlord must also disclose the amount of, and the basis for, each rent
increase for the prior 3 years. (D.C. Official Code 42-3502.22 & .13(d))
4. RECEIPTS FOR RENTAL PAYMENTS: The landlord must provide you with a receipt
for any money paid, except where the payment is made by personal check and is in full
satisfaction of all amounts due. The receipt must state the purpose and the date of the
payment, as well as the amount of any money that remains due. (14 DCMR 306)
5. RENT INCREASES: Rent control limits the amount and the frequency of rent
increases. For units that are exempt from rent control, generally only the lease terms limit
rent increases. If rent control applies, the landlord may not raise the rent: (a) unless the
owner and manager are properly licensed and registered; (b) unless the unit and common
areas substantially comply with the housing code; (c) more frequently than once every 12
months; (d) by more than the Consumer Price Index (CPI) for an elderly tenant (age 62 or
over) or tenant with a disability, regardless of income, if registered with the Rent
Administrator; (e) by more than the CPI + 2% for all other tenants. A rent increase larger
than (d) or (e) requires government approval of a landlord petition, which tenants may
challenge. You also may challenge a rent increase implemented within the prior 3 years.
6. BUILDING CONDITIONS: The landlord must ensure that your unit and all common
areas are safe and sanitary as of the first day of your tenancy. This is known as the
warranty of habitability. The landlord must maintain your apartment and all common
areas of the building in compliance with the housing code, including keeping the premises
safe and secure and free of rodents and pests, keeping the structure and facilities of the
building in good repair, and ensuring adequate heat, lighting, and ventilation. The tenant
has the right to receive a copy of a notice of violation issued to the landlord (14 DCMR
106; 301; & 400-999)
7. LEAD PAINT HAZARD: For properties built prior to 1978, the landlord must (a) provide
a prospective tenant household with a form issued by the District Department of the
Environment about their rights under the D.C. lead laws; (b) provide a current lead-safe
clearance report to (i) a prospective tenant household that includes a child less than 6
years of age or a pregnant woman, (ii) an in-place tenant household that gains such a
person and requests the report in writing from the landlord, and (iii) any tenant household
regularly visited by such a person; and (c) disclose to a tenant household what the landlord
reasonably should know about the presence in the tenants unit of a lead-based paint hazard
or of lead-based paint, which is presumed to be present unless there is documentation
showing otherwise. (20 DCMR 3300 et seq.)
8. MOLD: Upon written notice from a tenant that mold or suspected mold exists in the unit
or a common area, the landlord must inspect the premises within 7 days and remediate
within 30 days. Mold assessment and remediation must be performed in compliance with
District regulations. (D.C. Official Code 8-241)
9. QUIET ENJOYMENT AND RETALIATION: The landlord may not unreasonably
interfere with the tenants comfort, safety or enjoyment of a rental unit, whether for the
purpose of causing the housing accommodation to become vacant or otherwise (D.C.
Official Code 42-3402.10). The landlord may not retaliate against you for exercising any
right of tenancy. Retaliation includes unlawfully seeking to recover possession of your
unit, to increase the rent, to decrease services or increase your obligations; and also
includes violating your privacy, harassing you, or refusing to honor your lease. (D.C.
Official Code 42-3505.02)
10. DISCRIMINATION: The landlord may not engage in discriminatory acts based upon the
actual or perceived: race, color, religion, national origin, sex, age, marital status, genetic
information, personal appearance, sexual orientation, gender identity or expression, familial
status, family responsibilities, disability, matriculation, political affiliation, source of
income, status as a victim of an intra-family offense, or place of residence or business of
any individual. Discriminatory acts include refusing to rent; renting on unfavorable terms,
conditions, or privileges; creating a hostile living environment; and refusing to make
reasonable accommodations to give a person an equal opportunity to use and enjoy the
premises. (D.C. Official Code 2-1401.01 et seq.)
11. RIGHT TO ORGANIZE: The landlord may not interfere with the right of tenants to
organize a tenant association, convene meetings, distribute literature, post information, and
provide building access to an outside tenant organizer. (D.C. Official Code 42-3505.06)
12. SALE AND CONVERSION: Tenants must be given the opportunity to purchase an
accommodation before the landlord sells or demolishes the accommodation or discontinues
the housing use. The landlord may not convert the rental accommodation to a cooperative
or condominium unless a majority of the tenants votes for the conversion in a tenant
election certified by the Districts Conversion and Sale Administrator. (D.C. Official Code
42-3404.02 & 42-3402.02)
13. RELOCATION ASSISTANCE: If you are displaced by alterations or renovations,
substantial rehabilitation, demolition, or the discontinuance of the housing use, you may
have the right to receive relocation assistance from your landlord. (D.C. Official Code
42-3507.01)
14. EVICTION: The landlord may evict you only for one of ten specific reasons set forth in
Title V of the Rental Housing Act of 1985. For example, you may not be evicted just
because your lease term expires, or because the rental property has been sold or foreclosed
upon. Even if there is a valid basis to evict you, the landlord may not use self-help
methods to do so, such as cutting off your utilities or changing the locks. Rather, the
landlord must go through the judicial process. You generally must be given a written
Notice to Vacate (an exception is non-payment of rent where you waive the right to notice
in the lease); an opportunity to cure the lease violation, if that is the basis for the action;
and an opportunity to challenge the landlords claims in court. Finally, any eviction must
be pursuant to a court order, and must be scheduled and supervised by the U.S. Marshal
Service. (D.C. Official Code 42-3505.01)
RESOURCES
D.C. Dept. of Housing and Community
D.C. Office of the Tenant Advocate
Development
2000 14th Street, NW, Suite 300 North
1800 Martin Luther King Avenue, SE
Washington, DC 20009
Phone: (202) 442-9505 Fax: (202) 645-6727
Website: www.dhcd.dc.gov
D.C. Dept. of Consumer and Regulatory Affairs
1100 4th Street, SW
Phone: (202) 442-4400 Fax: (202) 442-9445
Website: www.dcra.dc.gov
Phone: (202) 719-6560 Fax: (202) 7196586 Website: www.ota.dc.gov

District Dept. of the Environment
1200 First Street, NE
Phone: (202) 535-2600 Fax: (202) 5352881 Website: www.ddoe.dc.gov
I/We, ______________________________, confirm that I/We have received a Tenant Bill of

Rights and Responsibilities Form on (insert date): ________________________.

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What rights does a tenant have regarding security deposits?

What information must a landlord disclose to a prospective tenant?

DISTRICT OF COLUMBIA OFFICE OF THE TENANT ADVOCATE

District of Columbia Tenant Bill of Rights

Phone: (202) 719-6560 Fax: (202) 7196586 Website: www.ota.dc.gov

I/We, ______________________________, confirm that I/We have received a Tenant Bill of

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