Welcome Housing Providers

Requirements of the Rental Housing Act of 1985
The Rental Housing Act of 1985 regulates all residential rental housing. All housing providers (commonly called landlords) must register residential units with the Rental Accommodations Division (RAD). Rental units are either rent-stabilized (commonly known as rent control) or exempt from rent stabilization.
 
All unregistered units are rent-stabilized unless RAD approves an exemption.
Typical exemptions:

All exemption claims must be supported by documentation. The required documentation can be seen by clicking on each link. Exemptions from rent stabilization include the following:

Federally-owned rental units (§ 205(a)(1))

  • Federally-owned rental units are not required to be registered.

District-owned rental units (§ 205(a)(1))

  • District owned rental units are not required to be registered.

Federally-subsidized rental units (§ 205(a)(1))

  • Copy of recorded deed

  • DCHA lease-up agreement

  • Basic business license and certificate of occupancy (if applicable)

  • Copy of recorded covenant

  • Executed copy of a subsidy agreement (e.g., DHCD, LIHTC, DCHFA, multi-family financing agreement with restrictive covenants)

  • Copy of an executed subsidy agreement between housing provider and agency or tenant and agency (e.g., DCHA, HUD, etc.)

District-subsidized rental units (§ 205(a)(1))

  • Copy of recorded deed

  • Basic business license and certificate of occupancy (if applicable)

  • Executed copy of a subsidy agreement (e.g., Rapid Rehousing).

  • Copy of a recorded covenant (e.g., DHCD, LIHTC, DCHFA)

  • Copy of an executed subsidy agreement between housing provider and agency or tenant and agency

New Construction (§ 205(a)(2))

  • Copy of recorded deed

  • Basic business license and certificate of occupancy (if applicable)

  • Copy/-ies of building permit(s)

Small Landlord (§ 205(a)(3))

  • Copy of recorded deed

  • Basic business license and certificate of occupancy (if applicable)

  • Copy of partnership agreement (if applicable)

Continuously vacant (§ 205(a)(4))

  • Copy of recorded deed

  • Basic business license and certificate of occupancy (if applicable)

  • Owner’s affidavit (notarized) certifying the housing accommodation or rental unit was continuously vacant from 01/01/1985—07/17/1985 and not subject to any rental agreement

  • Previously-approved and filed registration (if available)

Continuously vacant housing accommodation or rental unit (Sect. 205(a)(4), 42-3502.05(a)(4))

  • RAD Registration/Claim of Exemption form granting prior Sect. 205(a)(4) exemption, if applicable.

Cooperative Housing Association (§ 205(a)(5))

  • Copy of recorded deed

  • Basic business license and certificate of occupancy (if applicable)

  • Copy of cooperative shareholder’s agreement (if applicable)

  • Executed letter by cooperative association permitting lease of cooperative rental unit

Building Improvement Plan (§ 205(a)(7))

  • The DHCD Building Improvement Plan/Apartment Improvement Program was discontinued. Exemptions for other DHCD Multi-family Assistance Programs fall under the Federal/District-owned or subsidized housing accommodation or rental unit (Sect. 205(a)(1), 42-3502.05(a)(1)).

Time of rent increases

Rent increases may be only one-time every 12 months, except for a vacancy increase.

Rent increases for rent-stabilized units are limited to:

Annual adjustment

Vacancy Increase

This adjustment is once every 12 months.

This adjustment is allowed when a rental unit becomes vacant. The increase must be taken within 30 calendar days of the tenant moving out of the unit or the right to the increase is forfeited.

Amount of rent increases

Annual Adjustment

Vacancy Increase

Washington, D.C. Standard Metropolitan Statistical Area Consumer Price Index for Urban Wage Earners and Clerical Workers (called the “CPI-W”)

10% of the rent charged for the unit if the former tenant occupied the unit for 10 years or less, or

20% of the rent charged for the unit if the former occupied the unit for more than 10 years.

Rent adjustment petition

A housing provider and at least 70% of the current tenants can enter into a voluntary agreement and negotiate terms, such as rent levels, property improvements, services and facilities, or repairs or maintenance. Voluntary agreements are reviewed and approved by the rent administrator. Tenants are given at least 14 days to review the voluntary agreement after the housing provider files the voluntary agreement.

A housing provider may adjust rents when related services or facilities are increased or decreased. A housing provider files a petition, serves copies to the tenants, and presents the case to the Office of Administrative Hearings for a hearing. Tenants may support or oppose the petition.

A housing provider can petition to increase rents by an amount enough to cover the cost of capital improvements. A capital improvement is an improvement or renovation other than ordinary repair, or maintenance under the Internal Revenue Code. A housing provider files a petition, serves copies to the tenants, and presents the case to the Office of Administrative Hearings.

Housing providers are allowed to raise rents enough to earn a 12 percent rate-of-return on the housing accommodation. To apply, the housing provider must document operating expenses for 12 of the last 15 months preceding the filing of the hardship petition. RAD will notify the tenants that a hardship petition has been filed and allow tenants to support or oppose the petition. The Rent Administrator will review and issue an order granting or denying the hardship petition.

The housing provider may petition to raise rents for a substantial rehabilitation of the housing accommodation. A substantial rehabilitation petition is filed only when proposed rehabilitation cost equals or is more than 50 percent of the real property tax assessment of the rental unit or housing accommodation. The Office of Administrative Hearings reviews the case before work starts.

Tenant's Registration of Age or Disability Rent Exemption

Elderly tenants or a tenant with a disability who live in a rent-stabilized rental unit are entitled to a reduction in annual rent increases. Tenants must apply to RAD for approval.

Elderly Tenant

Tenant with a Disability

62 years or older

Disability defined under the Americans with Disabilities Act

Annual Increases for protected tenants are limited to the lesser of (i) the CPI-W, (ii) the Social Security Administration Annual Cost-of-Living Increase, or (iii) 4%.

Low-income protected tenants may not be charged a petition-based rent increase unless the tenant agrees to the surcharge in writing. The housing provider may apply for a tax credit only if funding is available. If there is no tax credit funding, then protected tenants must pay the surcharge.

Compliance Before Rent May Be Adjusted for Rent-Stabilized Units: 

  • Current and valid RAD Registration

  • Current basic business license and certificate of occupancy (if applicable) Substantial compliance with housing codes for the rental unit(s) and common areas

  • 60-day advance notice of rent adjustment served on tenant(s) Filing with RAD within 30 days of implementing the rent adjustment

For information:

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