Tenant Rights — DC
Each section below summarizes a tenant-protective local legal regime applicable in DC. Citations link to the underlying statute or regulation in the corpus where available, or to the official primary source otherwise.
- municipal DC — viewing
- federal United States
A tenant in DC is simultaneously protected by every layer above. Local rules add enforcement bodies and (where present) higher floors; state law supplies the substantive cause of action; federal law overlays anti-discrimination, accessibility, VAWA, and SCRA protections that may not be waived by lease.
Habitability
What conditions trigger a habitability claim, how to put the landlord on notice, and the remedies available.
- Warranty Authority
- Javins v. First Nat'l Realty Corp.
- Rent Abatement Remedy
- Yes
- Receivership Authority
- D.C. Code § 42-3202
- Breach of warranty of habitability rent abatement plus actual damages plus potentially receivership [Javins v. First Nat'l Realty Corp.; D.C. Code § 42-3202]
- Condition documented. Javins warranty of habitability requires a documented condition.
- Written notice given. DC requires reasonable written notice and cure period.
- 14 DCMR § 301 (housing code — habitability standards) (not yet ingested)
- Javins v. First Nat'l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) (warranty of habitability — landmark case) (not yet ingested)
- D.C. Code § 42-3201 (tenant repair-and-deduct procedure)
-
Fair Housing Act, 42 U.S.C. § 3604(f)
Federal law independently bars a landlord from providing inferior maintenance, repairs, or services on the basis of race, color, national origin, religion, sex, familial status, or disability.
-
Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; 24 C.F.R. Part 8
Section 504 imposes independent habitability and accessibility duties on any landlord receiving HUD assistance, including Section 8 project-based and public housing.
Applies when is federally assisted housing.
-
HUD Housing Quality Standards, 24 C.F.R. § 5.703
HQS is the federal habitability floor for Section 8 voucher and public-housing units regardless of any state law.
Applies when is section 8 voucher or public housing.
Drafter notes
DC's warranty of habitability comes from Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) — the foundational case for the implied warranty of habitability nationwide. § 42-3202 codifies tenant remedies including receivership for serious failures.
Lockout / Illegal Eviction
Self-help eviction is unlawful — the landlord must use court process to recover possession.
- Damages Floor Text
- actual damages plus restoration of possession; criminal penalties for self-help eviction
- Attorneys Fees Recoverable
- Yes
- Criminal Penalty
- Yes
- Self help eviction or lockout criminal misdemeanor plus civil actual damages plus attorneys fees [D.C. Code § 42-3505.01]
- Eviction during cold weather void ab initio plus actual damages [D.C. Code § 42-3505.06]
- Lockout type documented. DC requires documented self-help eviction.
- 16 D.C. Mun. Regs. § 4300 (eviction procedures) (not yet ingested)
- D.C. Code § 42-3505.06 (eviction prohibited during cold weather below 32°F)
-
Fair Housing Act, 42 U.S.C. § 3617
Self-help eviction or lock-changing tied to a tenant's protected class or fair-housing activity is independently actionable under federal law.
-
VAWA, 34 U.S.C. § 12491
VAWA prohibits eviction (including constructive eviction by lockout) of survivors in HUD-covered housing on the basis of incidents of abuse against them.
Applies when is covered housing and survivor.
-
SCRA, 50 U.S.C. § 3953
Active-duty servicemembers may not be evicted from rental housing without a court order during their service.
Applies when is servicemember.
Drafter notes
DC § 42-3505.06 bars eviction whenever it is below freezing — among the strongest weather protections in the country. Self-help eviction is criminal in DC.
Retaliation
Protection against landlord retaliation for reporting violations, joining a tenants' union, or asserting your rights.
- Presumption Window Months
- 6
- Attorneys Fees Recoverable
- Yes
- Retaliatory eviction or increase presumption of retaliation plus actual damages plus attorneys fees [D.C. Code § 42-3505.02]
- Protected activity documented. DC § 42-3505.02 protects tenants who report violations, organize, or assert rights.
- Within 6 month window. DC retaliation presumption window is 6 months.
-
Fair Housing Act, 42 U.S.C. § 3617
§ 3617 independently prohibits coercion, intimidation, threats, or interference with any tenant who has exercised or assisted others in exercising fair-housing rights — including reporting code violations or organizing.
-
VAWA, 34 U.S.C. § 12491(b)(3)
VAWA bars retaliatory eviction or rent action against survivors of domestic violence, dating violence, sexual assault, or stalking in HUD-covered housing.
Applies when is covered housing and survivor.
Drafter notes
DC has 6-month rebuttable presumption for retaliation. § 42-3505.01 also requires good cause for ALL evictions in DC — there is no 'no-cause' eviction at lease end.
Security Deposit
How quickly the landlord must return the deposit, what they may deduct, and the multiplier on damages if they violate the rule.
- Max Deposit Months
- 1
- Return Window Days
- 45
- Interest Required
- Yes
- Interest Rate Text
- passbook savings rate (annually)
- Attorneys Fees Recoverable
- No
- Failure to return within 45 days forfeiture of right to retain plus actual damages [14 DCMR § 308.3]
- Tenancy ended. DC SD rules apply after tenancy termination.
- Return window expired. DC rules give the landlord 45 days to itemize and return.
- D.C. Code § 42-3502.17 (security deposit specific provisions — not yet in corpus) (not yet ingested)
- 14 DCMR § 308 (security deposit rules) (not yet ingested)
-
Fair Housing Act, 42 U.S.C. § 3604
A landlord may not condition the size, retention, or accounting of a security deposit on a tenant's protected class.
Drafter notes
DC caps deposit at one month's rent and requires itemization within 45 days. Interest at the passbook savings rate is required.
Source of Income Discrimination
Protection against discrimination based on Section 8 vouchers, public assistance, or other lawful sources of income.
- Agency Complaint Window Days
- 365
- Private Court Window Years
- 1
- Attorneys Fees Recoverable
- Yes
- Refusal to accept section 8 voucher or other lawful source actual damages plus civil penalty plus attorneys fees [D.C. Code § 2-1402.21]
- Income source documented. DC HRA prohibits source-of-income discrimination — Section 8, TANF, SSI, all lawful sources.
- Discriminatory act documented. Need a documented discriminatory act.
- Within agency window. DC Office of Human Rights complaint window is 1 year.
- D.C. Code § 2-1411.01 (source of income — DC HRA specific)
- D.C. Code § 2-1403.16 (DC Office of Human Rights complaint procedure) (not yet ingested)
-
Fair Housing Act, 42 U.S.C. § 3604 (disparate impact)
Although the FHA does not list source of income as a protected class, source-of-income exclusions can be challenged under FHA disparate-impact theory where they fall disproportionately on a protected class.
Drafter notes
DC Human Rights Act prohibits discrimination based on source of income. DC Office of Human Rights enforces administratively.