In Washington D.C., a landlord’s obligation for providing a habitable living space is primarily governed by DCMR § 14-301. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
|---|---|
| Landlord Responsibilities | Windows/Doors, Roof/Walls, Cold/Hot Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Stairs/Railings, Floor, Smoke/Carbon Monoxide Detector |
| Time Limit for Repairs | “Reasonable” Time Frame |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Washington D.C.
The implied warranty of habitability in Washington D.C. does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not addressed |
| RV parks | Not addressed |
| Mobile home parks | Not addressed |
| Condos | Not addressed |
| Hotels/Motels | Not addressed |
Landlord Responsibilities
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Washington D.C., as indicated below.
In addition to being responsible for most repairs, Washington D.C. landlords are prohibited from charging the tenant any fee related to the landlord’s obligation to keep the rental property up to a habitable standard.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks | Yes |
| Provide hot and cold running water | Yes |
| Provide working HVAC equipment | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet) | Yes |
| Provide a trash can (for trash pickup services) | Not addressed |
| Ensure that any stairs and railings are safe | Yes |
| Ensure that all floors are in good condition and safe | Yes |
| Provide fire exits that are usable, safe, and clean | Yes |
| Ensure storage areas, including garages and basements, do not house combustible materials | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox | Not addressed |
| Provide working wiring for one telephone jack | Not addressed |
| Provide working kitchen appliances | Not addressed |
| Provide working carbon monoxide detector | Yes |
| Provide a working washer/dryer | Not addressed |
Washington D.C. landlords must maintain dwelling units and all common areas to be in a safe and sanitary condition for human habitation. The implied warranty of habitability and the D.C. Housing Codes (which are regulated by the Department of Consumer and Regulatory Affairs (DCRA)) have the same duties outlined for a landlord. All leases (written or not) imply a warranty of habitability.
Heat
If the lease agreement states that the landlord shall supply heat to the dwelling unit, the landlord must provide a minimum temperature of 68 degrees Fahrenheit in all habitable rooms and bathrooms during October 1st and May 1st.
Windows
Landlords must provide screens that are in good condition on the windows from March 15th to November 15th.
Pests
Dwelling units in Washington D.C. must be pest free from rodents and vermin. Extermination must be paid for by the landlord whenever infestation exists (unless it is a multi-family unit, and the unit is the only one infested).
Tenant Rights for Repairs in Washington D.C.
Landlords are required to make and pay for any repairs so that the unit is livable. Landlords are not liable for any damaged caused by the tenant.
- Sending Notice – If a tenant request repairs, they must put their request in writing to the landlord. The landlord will then have a “reasonable” timeframe to make any necessary repairs after receiving written notice. The notice shall include the dwelling unit’s location, a description of the repairs requested, and the amount of “reasonable” time the landlord has to correct the issue.
- Landlord Access – Tenants are required to give the landlord access to the property to make necessary repairs during reasonable hours. Landlords should give the tenant at least 48 hours of advance notice before entering the premises unless it is an emergency.
Tenant Options if Repairs Aren’t Made in Washington D.C.
If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.
- Withhold Rent – Washington D.C. landlord tenant law does not directly grant tenants the right to withhold rent in response to habitability issues.
- Repair and Deduct – There is no statute on the repair and deduction option.
- Lawsuit – Tenants can sue the landlord for damages for the landlord’s failure to comply with habitability laws. Additionally, if a landlord brings an eviction suit after proper steps were taken by the tenant to notify the landlord of a habitability issue, the eviction lawsuit may be considered as a retaliatory action, which is illegal.
- Reporting To Public Officials –Landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.
Landlord Retaliation in Washington D.C.
Under Washington D.C. law, landlords are not permitted to take any retaliatory actions against tenants for exercising their legal rights. A tenant’s legal rights include:
- Legally withholding all or part of the rent after giving reasonable notice to the landlord about a housing violation
- Contacting the District of Columbia government officials regarding violations or suspected violations of housing codes in the dwelling unit
- Sending a written request or making an oral request (with a witness present) to the landlord to fix the housing violation
- Bringing legal action against the landlord
- Organizing a tenants’ union or becoming a member of a tenants’ organization
Landlords shall not take any retaliatory action against the tenant within a six-month period of a tenant exercising their legal right. Retaliatory action includes:
- Increasing rent.
- Decreasing services or reducing the quantity or quality of the service.
- Increasing the obligation of a tenant.
- Violating the privacy of the tenant or harass the tenant.
Sources
Sources
- 1 D.C. Code § 42-3505.02(b)(3)-(b)(6)
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In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant: (3) Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations; (4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization; (5) Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or (6) Brought legal action against the housing provider.
Source Link - 2 D.C. Code § 42–3505.10(b-2)(1)
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A housing provider shall not charge a fee to a prospective tenant before move-in, during a tenancy, or after move-out for services required of the housing provider to maintain a unit in a condition consistent with the implied warranty of habitability and with Titles 12 and 14 of the District of Columbia Municipal Regulations, or substantially similar subsequent regulations; except, that nothing in this subsection prohibits a housing provider from withholding a tenant’s security deposit to replace damaged items if the tenant has caused damage to the unit beyond the standard of ordinary wear and tear as defined in § 42-3502.17(c)(3).
Source Link
