| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | No cap for exempt units; for rent-stabilized units, varies by year (4.9% for most tenants in 2024, 2.9% for elderly or disabled) |
| Required Notice | 60 Days (or more, when the lease requires more than 30 days of tenant notice to terminate ) |
Does Washington D.C. Have Rent Control Laws?
In Washington D.C., some rental units are protected by rent control laws limiting the amount landlords may ask for.
The following types of housing are exempt from the rent control laws:
- Federally or District-subsidized units
- Dwelling units built after 1975
- Units owned by an individual who owns 4 or fewer units in Washington D.C.
- Units that have been continuously vacant since January 1, 1985
- Units under a building improvement plan receiving rehabilitation assistance through the Department of Housing and Community Development
- Some cooperative housing
However, if a rental unit is not registered with the Rental Accommodations Division, it is automatically protected by rent control regardless of eligibility for an exemption.
When Can a Landlord Raise Rent in Washington D.C.?
For rent-controlled units in Washington D.C., landlords can only raise the rent when:
- Proper notice is given
- The rental unit is registered with the Rental Accommodations Division
- The rental unit is compliant with applicable regulations (unless the non-compliant condition was caused by the tenant’s negligence)
- The housing provider is properly licensed and the manager is properly registered
- There is a written lease agreement that establishes the rent charged
- The rent hasn’t been increased within the past year
Tenants can file a petition if they believe their landlord violated the rent increase laws.
In Washington D.C., if the rental unit has been registered for an exemption from rent control, landlords can raise the rent for any reason as long as it is not discriminatory or retaliatory in nature and proper notice is given.
When Can’t a Landlord Raise Rent in Washington D.C.?
Landlords in Washington D.C. may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
- It is done as retaliation against a protected tenant action, such as filing a complaint
In addition to the characteristics protected by federal law, the Washington D.C. Human Rights Law prohibits discrimination in housing due to personal appearance, enrollment in higher education, source of income, political affiliation, place of business, or eviction record.
How Often Can Rent Be Increased in Washington D.C.?
Landlords in Washington D.C. can increase the rent once per year.
However, if the rental unit is exempt from rent control, the landlord can increase the rent as often as they choose as long as they provide sufficient notice each time.
How Much Notice is Needed To Raise Rent in Washington D.C.?
In Washington D.C., landlords cannot raise the rent during a lease term and must give 60 days of advance notice to increase the rent, by default. If the lease requires the tenant to provide more than 30 days of notice to terminate, a rent increase must receive that amount of notice, plus 30 days.
If a lease requires 45 days of notice from a tenant for termination, then the rent only can be increased with a minimum 75 days of notice.
If the residence is protected by rent control, the Notice To Tenant of Rent Adjustment form must be used. Within 30 days after each rent increase, landlords must submit a Certificate of Rent Adjustment to the Rental Accommodations Division.
How Much Can a Landlord Raise Rent in Washington D.C.?
Rental properties which exempt from the District’s rent stabilization law do not have a specific cap for a rent increase, except that it must be reasonable and must follow local notice and non-discrimination laws.
For rent-stabilized units, Washington D.C.’s Office of the Tenant Advocate sets maximum rent increases for each year based on the Consumer Price Index (CPI). For 2024, this is 4.9% for most tenants, and 2.9% for tenants who are disabled or over 62 years old and have filed a registration of exemption.
Low-income tenants who are disabled or 62 years old or older may in some cases qualify for an exemption from rent increases and surcharges.
Once a rental unit becomes vacant (at the fault of the tenant), the landlord can increase the current allowable rent once per year by up to:
- 10% of the previous rent if the tenant lived there for 10 years or less.
- 20% of the previous rent if the tenant lived there longer than 10 years.
Landlords can apply to exceed the rent increase limit in the following circumstances:
- Services or Facilities – If a service or facility cost increases, a landlord may petition for an adjustment in the rent cost
- Substantial Rehabilitation – The rehabilitation cost must be equal to or more than 50% of the real property tax assessment of the rental unit
- Hardship – Landlords may file a petition if they are not making at least a 12% return on their rental unit
- Capital improvement – A landlord may petition to increase the rent amount to cover the cost of renovations, repairs, maintenance, or depreciable improvements
- Voluntary Agreement – Tenants may enter into a voluntary agreement with the landlord. Together they determine the rent, capital improvements, services, facilities, repairs, and maintenance. 70% of the tenants must agree to the terms
Sources
- 1 D.C. Code § 42–3509.04(b)
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No rent increases, whether under this chapter, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, the Rental Housing Act of 1980, or any administrative decisions issued under these acts, shall be effective until the first day on which rent is normally paid occurring more than 60 calendar days after the notice of the increase is given to the tenant, or, if the notice was provided before January 1, 2024, more than 30 days after the notice of the increase is given to the tenant; provided, that the requirements of § 42-3505.54(b) are met.
Source Link - 2 D.C. Code § 42–3505.54(b)
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A housing provider shall not place or cause to be placed in a residential lease or rental agreement a requirement that the tenant provide more than a 30-day notice to the housing provider of the tenant’s intention to vacate the premises, unless the lease or agreement also requires the housing provider to provide the tenant with a written notice of any rent increase that is at least 30 days more than that time period.
Source Link - 3 D.C. Code § 42–3502.05(a)
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…the following rental units shall be exempt…any federally or District-owned housing accommodation…newly constructed housing…housing accommodation of 4 or fewer rental units…continuously vacant and not subject to a rental agreement since January 1, 1985…any structure owned by a cooperative housing association…for which a building improvement plan has been executed…
Except as provided in subsection (e) of this section, subsection (f) of this section through § 42-3502.19 shall apply to each rental unit in the District; provided, that the following rental units shall be exempt from subsections (g) and (h)(2) of this section and §§ 42-3502.06 through 42-3502.16, 42-3502.18, and 42-3502.19:
(1) Any rental unit in any federally or District-owned housing accommodation or in any housing accommodation with respect to which the mortgage or rent is federally or District-subsidized…
(2) Any rental unit in any newly constructed housing accommodation for which the building permit was issued after December 31, 1975, or any newly created rental unit, added to an existing structure or housing accommodation and covered by a certificate of occupancy for housing use issued after January 1, 1980…
(3) Except as provided by subsection (a-1) of this section, any rental unit in any housing accommodation of 4 or fewer rental units, including any aggregate of 4 rental units whether within the same structure or not…
(4) Any housing accommodation which has been continuously vacant and not subject to a rental agreement since January 1, 1985…
(5) Any rental unit in any structure owned by a cooperative housing association…
…
(7) Housing accommodations for which a building improvement plan has been executed under the apartment improvement program…
Source Link - 4 D.C. Code § 42-3502.08(a)(1)
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Notwithstanding any provision of this chapter, the rent for any rental unit shall not be increased above the base rent unless:
(A) The rental unit and the common elements are in substantial compliance with the housing regulations, if noncompliance is not the result of tenant neglect or misconduct. Evidence of substantial noncompliance shall be limited to housing regulations violation notices issued by the District of Columbia Department of Consumer and Regulatory Affairs and other offers of proof the Rental Housing Commission shall consider acceptable through its rulemaking procedures;
(B) The housing accommodation is registered in accordance with § 42-3502.05;
(C) The housing provider of the housing accommodation is properly licensed under a statute or regulations if the statute or regulations require licensing;
(D) The manager of the accommodation, when other than the housing provider, is properly registered under the housing regulations if the regulations require registration;
(E) Notice of the increase complies with § 42-3509.04;
(F) The housing provider has provided a tenant with written notice of the maximum standard rent increase that applies to an elderly tenant or a tenant with a disability and the means by which a tenant may establish elderly or disability status as set forth in § 42-3502.24(d), as provided by the Rent Administrator pursuant to § 42-3502.24(f), and has not required a tenant to provide more proof of age or disability than the minimum information necessary to establish that status; and
(G) The housing provider, if a nonresident of the District, has appointed and maintained a registered agent pursuant to section 203 of Title 14 of the District of Columbia Municipal Regulations.
Source Link - 5 D.C. Code § 42-3505.02(a)
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No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit, action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass, reduce the quality or quantity of service, any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause, or any other form of threat or coercion.
Source Link - 6 D.C. Code § 2-1402.21(a)(1)
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It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based on the actual or perceived: 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, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, or homeless status of any individual:
(1) To interrupt or terminate, or refuse or fail to initiate or conduct any transaction in real property; or to require different terms for such transaction; or to represent falsely that an interest in real property is not available for transaction.
Source Link - 7 D.C. Code § 42-3502.08(g)
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The amount of rent charged for any rental unit subject to this subchapter shall not be increased until a full 12 months have elapsed since any prior increase; provided, that:
(1) An increase in the amount of rent charged shall not exceed the amount of any single adjustment pursuant to any one section of this subchapter;
(2) If the rental unit becomes vacant within 12 months of an increase in the amount of rent charged, other than a vacancy increase pursuant to § 42-3502.13, the housing provider may increase the amount of rent charged pursuant to § 42-3502.13; and
(3) If the amount of rent charged is increased pursuant to paragraph (2) of this subsection, the amount of rent charged shall not be increased until a full 12 months have elapsed after the increase in the amount of rent charged, even if another vacancy occurs.
Source Link - 8 D.C. Code § 42–3502.24(a) & (b)
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(a) Notwithstanding § 42-3502.08(h), an adjustment in the amount of rent charged while a unit is occupied by an elderly tenant or tenant with a disability, without regard to income, shall not exceed the rent charged for the unit, plus the least of:
(1) The adjustment of general applicability;
(2) The most recent annual cost-of-living adjustment of benefits for social security recipients established pursuant to section 415(i) of the Social Security Act, approved August 28, 1950 (64 Stat. 506; 42 U.S.C. § 415(i) ); or
(3) Five percent of the rent charged.
(b) A rent surcharge allowed pursuant to §§ 42-3502.10, 42-3502.12, and 42-3502.14 and a rent increase allowed pursuant to § 42-3502.11, shall not be assessed against a current or future elderly tenant or tenant with a disability with a qualifying income. For the purposes of calculating the rent charged a future qualified elderly tenant or tenant with a disability, adjustments in the rent charged pursuant to these sections effected during the tenancy of a tenant not exempt from the adjustments, shall be considered rent surcharges, and shall be subtracted from the rent charged for the unit.
Source Link - 9 D.C. Code § 42-3502.13(a)
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When a tenant vacates a rental unit on the tenant’s own initiative or as a result of a notice to vacate for nonpayment of rent, violation of an obligation of the tenant’s tenancy, or use of the rental unit for illegal purpose or purposes as determined by a court of competent jurisdiction, the housing provider may elect to increase the amount of rent charged by:
(1) 10% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for 10 years or less; or
(2) 20% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for more than 10 years.
Source Link
