Washington, D.C. tenant screening and landlord-tenant law

Confirm the current D.C. Municipal Regulations and Rental Housing Act (D.C. Code §42-3501.01 et seq.) directly before relying on any specific dollar figure for rental application or screening fees.

D.C.'s Fair Criminal Record Screening for Housing Act is one of the strictest in the country: it generally requires a conditional offer of tenancy before any criminal-history inquiry, requires an individualized assessment of specific statutory factors before withdrawing an offer based on a record, and restricts the lookback period and use of certain record types. Given how detailed and technical this statute is — and because exact lookback periods and covered-housing-provider thresholds can change — landlords should review the current text of D.C. Code §42-3541.01 et seq. or consult counsel rather than rely on a general description.

D.C. Code §2-1402.21 makes "source of income" a protected trait under the D.C. Human Rights Act, defined to include income derived from a lawful profession, from any lawful source (including public assistance, Social Security, and other benefit programs), and specifically including housing assistance payments such as Housing Choice Vouchers. A landlord generally cannot refuse to rent, or otherwise discriminate, based on an applicant's use of a voucher or other lawful income source.

Federal FCRA §615 sets the baseline pre-adverse-action and adverse-action notice requirements for consumer reports. FCRSHA layers its own separate notice-and-individualized-assessment requirements specifically for criminal history, independent of whatever the underlying consumer report says.

Under the D.C. Rental Housing Act, a security deposit generally cannot exceed the equivalent of one month's rent. Some secondary sources cite 45 days for the return timeline; landlords should verify the specific return deadline and any interest-payment requirement against D.C. Code §42-3502.17 or the current D.C. Municipal Regulations before relying on a specific number.

Much of D.C.'s private rental housing stock is subject to the Rent Stabilization Program under the Rental Housing Act, which caps annual rent increases for covered units (generally tied to the CPI-W plus a percentage, with different rules for elderly/disabled tenants) — but a substantial share of units are exempt (for example, newer construction, small buildings under a certain unit count meeting specific ownership criteria, and government-subsidized housing already regulated elsewhere), so whether a specific unit is "rent controlled" requires checking that unit's registration status with the D.C. Department of Housing and Community Development. D.C. is also a strong "just cause" eviction jurisdiction: under the Rental Housing Act, a housing provider generally may only evict a tenant for one of a specific enumerated list of reasons (such as nonpayment, lease violation, owner or family move-in with specific conditions, or the housing provider's intent to exit the rental business under specific procedures) — a housing provider generally cannot simply decline to renew a tenancy without cause.

D.C. is a single consolidated city-and-federal-district jurisdiction with no incorporated sub-cities, counties, or townships within it — all residential rental property in the District is governed by the same Council-enacted law described above, with no additional municipal layer to check.

Can a D.C. landlord ask about criminal history on a rental application? Generally no — FCRSHA requires a conditional offer of tenancy before any criminal-history inquiry, followed by an individualized assessment if a record is found.

Is source of income a protected class in D.C.? Yes, including housing vouchers and other public assistance, under the D.C. Human Rights Act.

Is D.C. a rent-controlled jurisdiction? Many, but not all, rental units are covered under D.C.'s Rent Stabilization Program; coverage depends on a unit's specific registration and exemption status, which should be checked directly.

Does D.C. require "just cause" for eviction? Yes — the Rental Housing Act generally limits evictions to a specific enumerated list of statutory reasons.

Checkr helps landlords and property managers run consistent, FCRA-compliant tenant background checks that account for jurisdiction-specific rules like D.C.'s Fair Criminal Record Screening for Housing Act. Get started with Checkr to build a screening process that applies the same way to every applicant.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.