A Washington D.C. rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.
Washington D.C. Rental Application Laws
Washington D.C. does not cap application fees or require a specific recipient. Unlike most jurisdictions, Washington D.C. requires a detailed disclosure to all applicants for a rental.
Mandatory Disclosure for Rental Applications
Washington D.C. landlords must disclose certain information to prospective tenants before they fill out an application for a rental unit:
- The landlord’s name and business address
- The landlord’s phone number and email address
- The name and address of the rental unit
- The current amount of rent charged for the rental unit
- If a rent-controlled housing accommodation under the Rental Housing Act of 1985, the last three years of the current rent charged and the dates of rent increase and the reason for the increase (e.g. hardship petition, vacancy, etc.)
- Case number and the type of any pending petitions/proceedings which could affect the rental unit (e.g. capital improvement petition, substantial rehabilitation petition, etc.)
- Any capital improvement surcharges currently in effect, including case number, type of surcharge, amount of surcharge and date of expiration
- Disclosure of how many times there was an increase in the rent charged for the rental unit in the last 12 months
- Notice the rental unit is subject to the Rental Housing Act or explanation of existing exemption
- The amount of any non-refundable rental unit application fee
- The amount for the initial security deposit
- Notice, if the rental unit is registered as or in the process of converting to a condominium or cooperative
- Notice, if there is a pending sales contract for the rental unit (including the date)
- Notice of all eligibility criteria for the property including financial, credit, employment, rental and certain criminal history
A landlord must also offer a copy of the following documents to any applicant:
- Business license
- Rental Accommodations Division (RAD) Registration/Claim of Exemption Form
- Most recent RAD Amended Registration Form (if applicable)
- The Tenant Bill of Rights published by the Office of the Tenant Advocate
- All Housing Code Violation Notices for the unit issued by the Department of Consumer and Regulatory Affairs within the last 12 months, including date and violation number
- Notice of indoor mold contamination in the rental unit (or common areas) over the last three years, unless remediated by a professional who is certified and licensed in D.C.
- The Rent Administrator’s pamphlet entitled “What You Should Know About Rent Control in the District of Columbia“
Quick Guide To Process a Washington D.C. Rental Application
After receiving a Washington D.C. rental application, most landlords use the following process to evaluate the potential tenant:
- Give Legal Notices – Provide the required disclosures and other information to the applicant.
- Verify Credit – Order a credit report for the potential tenant; a score of 600-650 is a common minimum requirement. A credit report can be as simple as a “pass/fail” result or can have comprehensive details, including criminal history. (NOTE: a credit report requires the tenant’s written and signed consent, on the application or separately)
- Verify Income – Check the potential tenant’s employment status and pay scale. This can be done through recent pay stubs and/or contacting the potential tenant’s employer.
- Check Rental History – Contact previous landlord(s) to confirm a potential tenant has in the past been a good renter and neighbor.
- Check Eviction History – Verify the potential tenant has honestly disclosed the details of any past evictions. An eviction check usually covers a longer period (previous 7 years) than a rental history check (previous 3 years).
- Check Criminal History – Confirm the potential tenant’s reporting of any criminal history, especially including a check of criminal databases like sex offender registries.
- Landlords may inquire as to pending charges in the court system at the time of the criminal background check.
- Landlords may also review criminal convictions that happened within the last 7 years, if they are one or more of 48 qualifying criminal offenses listed in Washington D.C. law. These include, but are not limited to: arson, kidnapping, sexual assault, murder, burglary, forgery, insurance and credit card fraud.
- Washington D.C. prohibits landlords from obtaining criminal background history before extending a conditional offer of housing for an applicant. This law, known as The Fair Criminal Record Screening for Housing Act of 2016, does not necessarily guarantee the applicant the rental unit.
- Provide a Response – Approve the application if it’s a good fit, or, if rejecting the application, draft an appropriate adverse action notice to limit liability.
Checking Eviction History in Washington D.C.
Washington D.C. eviction cases are matters of public record which anyone can access. While third-party services often automatically check eviction history as part of a screening report, this also can be checked manually, with the following process:
- Visit Washington D.C. Superior Court’s eAccess System and fill in the CAPTCHA
- Enter the applicant’s name in the “Name Search” tab and select “Landlord & Tenant Branch” under “Case Type”
- Select “Search” to view resulting records
Certain eviction records may be sealed by the Superior Court in cases including, but not limited to the following:
- The tenant failed to pay an amount of $600 or less
- The tenant was evicted from a rental unit under the federal or District housing assistance program
- The landlord and tenant entered into a settlement agreement
Restrictions on Washington D.C. Rental Application Questions
The sample rental application provided on this page complies with federal law restricting the information a landlord can request. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:
- Race
- Color
- National origin (nationality)
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (i.e., having or not having children)
- Disability (whether physical or mental)
The District also protects some additional categories, such as personal appearance, family responsibilities, matriculation, marital status, government-mandated income status, and place of residence. There are narrow exemptions for some things like senior housing or certain very-small scale landlords, but local regulations may still apply. Always consult an attorney before attempting to ignore local or federal requirements.
Rejecting an Application: Adverse Action Notice
When taking an action which may disadvantage a potential tenant, a landlord may have to provide an adverse action notice informing the tenant about the decision (sometimes called a “conditional approval,” if the application is approved subject to meeting additional conditions). Federal regulations require an adverse action notice whenever a landlord collects a credit report and takes one of the following actions:
- Rejecting the potential tenant’s application
- Adding a requirement for someone to co-sign the potential tenant’s lease
- Demanding a larger security deposit than before, as a condition for renting
- Asking for higher rent after receiving the report
Important Features of an Adverse Action Notice
An adverse action notice must contain the following details:
- Note that the landlord took adverse action based on information in a consumer credit report
- Details of the consumer reporting agency
- Note that the landlord decided the adverse action, not the agency
- Declaration of the applicant’s right to a copy of the consumer credit report
- Declaration of the application’s right to dispute the report within 60 calendar days
While not legally required, it also is expedient for a landlord to explain the reasons for the adverse action, since this establishes a written record of issues with the application.
For an example, see this tenant rejection letter template.
Fees in Washington D.C.
Washington D.C. has the following regulations on fees relating to a new rental:
- Rental Application Limit: No cap
- Security Deposit Limit: One month’s rent
- Pet Fee Limit: No cap, but must be “reasonable”
Local jurisdictions may impose stricter regulations than the statewide standard. Always check local laws.
