Free District of Columbia Rental Application Fee Receipt
Most guidance on the District of Columbia stops at the number. The number is the least of it. D.C. Code § 42-3505.10(a) requires a written or posted disclosure covering ten specified items — including the criteria that will automatically deny an application — and it must reach the applicant before you request any information or any fee. The $50 cap in § 42-3505.10(b)(1), adjustable annually in line with an increase in the Consumer Price Index for All Urban Consumers, only matters once that duty is discharged. One fee covers further applications to your units inside 30 calendar days, no other fee may be charged before the lease is signed, and a screening you never conduct must be refunded within 14 days. One thing comes before all of it: the section sits inside chapter 35, and § 42-3502.05(e) takes four kinds of unit outside that chapter — a dormitory among them — while the definition at § 42-3501.03(14) puts hotels, inns and primarily-transient structures outside “rental unit” entirely. This generator produces the receipt and records the disclosure position behind it.
The District of Columbia is the jurisdiction most often summarized in a single sentence — there is a fifty-dollar cap on rental application fees — and that sentence, while true, describes perhaps a tenth of what D.C. Code § 42-3505.10 actually requires of a housing provider. The section is called Tenant screening, not Application fees, and the fee cap is one paragraph inside a much larger scheme. The scheme begins with a disclosure duty that is unusual in its breadth and unusual in its timing. Before you request any information or any fee from a prospective tenant as part of tenant screening, you must first notify them — in writing, or by posting in a manner accessible to a prospective tenant — of ten specified matters. Several of those matters are ones a housing provider would not ordinarily volunteer: the specific criteria that will result in automatic denial of the application; the additional criteria that may result in denial; the approximate quantity of units expected to become available over a specified period, by bedroom size and monthly rent, or failing that the number that became available each month in the previous fiscal year; and the number of days after receiving an application within which you will respond with an approval or denial. That is not a receipt and it is not a privacy notice. It is a prospectus about how you let property, and it is owed before the transaction starts. Around it sit the rules everybody does quote — the cap, its annual index adjustment, the bar on any other fee before the lease is signed, the single-fee rule across your own units within thirty days, and the fourteen-day refund where no screening is conducted — plus a set of prohibited screening criteria, an adverse-action notice with its own contents and its own deadline, and a dispute process with a ten-day response duty. One question comes before all of that and is asked almost nowhere: whether the chapter reaches your unit. § 42-3505.10 is a section of chapter 35 of Title 42, and § 42-3502.05(e) provides that the chapter shall not apply to a rental unit operated by a foreign government as a residence for diplomatic personnel, a rental unit in an establishment whose primary purpose is providing diagnostic care and treatment of diseases — hospitals, convalescent homes, nursing homes and personal care homes are the examples given — any dormitory, and, following a determination by the Rent Administrator, qualifying nonprofit long-term temporary family housing. Alongside it, the definition of housing accommodation at § 42-3501.03(14) excludes a hotel or inn with a valid certificate of occupancy and a structure used primarily for transient occupancy, and because “rental unit” is defined by reference to that definition, those sit outside the section too. This page is organised the way the section is, with that gate in front: scope first, then the disclosure, because it is where compliance is won or lost, and the money afterwards.
Build the record
Fill in the fields below and the generator produces a dated PDF you can print, sign and give to the applicant, keeping a copy for your file. Because the disclosure has to be made before the fee is accepted, print it once for the applicant before you take the money and again once the outcome is known. Nothing is stored and there is no charge. Fields you leave blank print as a dash so you can complete them by hand.
The pre-fee disclosure is ten items, and the two hardest are the ones about your own criteria and your own vacancy pipeline
Start one chapter out, because the section only reaches what the chapter reaches. § 42-3505.10 sits in chapter 35 of Title 42, and § 42-3502.05, captioned “Registration and coverage”, provides at subsection (e) that “[t]his chapter shall not apply to the following units”: any rental unit operated by a foreign government as a residence for diplomatic personnel; any rental unit in an establishment which has as its primary purpose providing diagnostic care and treatment of diseases, “including, but not limited to, hospitals, convalescent homes, nursing homes, and personal care homes”; any dormitory; and, following a determination by the Rent Administrator, any rental unit or housing accommodation intended for use as long-term temporary housing by families with one or more members, where the families had incomes at or below 50% of the District median at initial occupancy, the housing provider is a nonprofit charitable organization operating it on a strictly not-for-profit basis, and it offers a comprehensive social services program to resident families. A second exclusion works through the definitions rather than through that list. § 42-3501.03(14) defines a housing accommodation as a structure or building in the District containing one or more rental units, and then says the term “does not include any hotel or inn with a valid certificate of occupancy or any structure, including any room in the structure, used primarily for transient occupancy and in which at least 60% of the rooms devoted to living quarters for tenants or guests were used for transient occupancy as of May 20, 1980”, adding that a rental unit is deemed used for transient occupancy only where the landlord is subject to and pays the sales tax imposed by § 47-2001(n)(1)(C). Because § 42-3501.03(33) defines “rental unit” as any part of a housing accommodation as defined in paragraph (14), a hotel, an inn or a primarily-transient structure is not a rental unit for this chapter at all. Read that as a gate, not as a doubt. Inside the chapter every duty described below binds exactly as stated. Outside it the chapter does not reach the unit and this page does not describe what does. Two of the four exclusions have their own traps: the diagnostic-care limb turns on the establishment’s primary purpose rather than on its licence category, and the long-term-temporary-housing limb is expressly conditioned on a determination by the Rent Administrator, so it is not something a housing provider self-certifies. Which side of the line a particular building falls on is a question of fact that no page can settle. Now the trigger, because it is earlier than almost anyone assumes. § 42-3505.10(a) requires the notification before requesting any information or fees from a prospective tenant as a part of tenant screening. Two of those words carry the weight. Information means the duty is engaged by the application form itself, not by the payment page: asking for a previous address, an employer or a reference is requesting information as part of tenant screening. Any means there is no de minimis version of it. In practice this makes the disclosure a pre-application document, and the statute’s alternative delivery route — posting in a manner accessible to a prospective tenant — is what makes it workable. A housing provider advertising publicly will usually satisfy this by carrying the ten items on the listing or on an easily reached page and linking to it from every advertisement, rather than by trying to serve each applicant individually before they have made contact. Now the ten items, and where the work really is. They are: (1) the amount and purpose of each fee or deposit, whether mandatory or voluntary, that may be charged to a tenant or prospective tenant, and whether it is refundable; (2) the types of information that will be accessed to conduct the screening; (3) the specific criteria that will result in automatic denial; (4) any additional criteria that may result in denial; (5) if a credit or consumer report is used, the name and contact information of the agency and a statement of the applicant’s right to obtain a free copy of the report in the event of a denial or other adverse action; (6) the approximate quantity of rental units that will be available over a specified period, by bedroom size and monthly rent, or if that is not available the number that became available each calendar month in the provider’s prior fiscal year; (7) the number of days after receipt of an application within which the provider will respond with an approval or denial; (8) the applicant’s right to dispute information relied upon that is inaccurately or incorrectly attributed to them or is based on prohibited criteria, and the right to a response about anything disputed; (9) the applicant’s right to a refund of any unused application fee; and (10) the applicant’s right to file a complaint with the Office of Human Rights or to bring a civil action in the Superior Court of the District of Columbia. Items (3) and (4) are the ones housing providers resist, and they repay the effort. Writing down the criteria that automatically deny an application forces a decision that most operations have never made explicitly, and it exposes any criterion that would not survive being written down. It is also the item that interacts most directly with the prohibited-criteria list in subsection (d): a published automatic-denial rule that turns on an eviction filing more than three years old, or on one that produced no judgment for possession, is a rule you have advertised and cannot lawfully apply. Getting (3) and (4) right is therefore not a drafting exercise but a review of the screening policy itself. Item (6) is the one that surprises portfolio landlords. It asks for a forward view of availability by bedroom size and monthly rent, with a documented fallback to last fiscal year’s monthly figures if the forward view is not available. Very few providers hold that in a publishable form, and the fallback is usually the realistic route — but it requires having counted, by month, over a full prior fiscal year. That is a reporting task to set up once, not a sentence to draft. Item (7) has a second life later in the section. The number of days you state as your response time is the same deadline that subsection (f) uses for the adverse-action notice: where you take an adverse action, the written notice is due no later than the response date provided to the prospective tenant pursuant to subsection (a)(7). So an optimistic response time published in the disclosure shortens your own notice deadline for every applicant you turn down.
Watch: Washington DC Rental Application Fee Receipt explained
District of Columbia application fee at a glance
Settle this first: what has to happen before you ask for anything?
A ten-item written or posted disclosure — and it comes before the fee, before the application form, before you ask for a single piece of information. § 42-3505.10(a) opens with the words before requesting any information or fees from a prospective tenant as a part of tenant screening. Not before charging. Not before screening. Before requesting information. The moment you hand over an application form asking for an employer or a previous address, you have requested information, and the disclosure was owed already. It may be given in writing or by posting in a manner accessible to a prospective tenant, which is why a compliant listing page carrying all ten items is usually the practical answer for a housing provider advertising publicly. Settle one thing before even that. § 42-3505.10 is a section of chapter 35, so it reaches what the chapter reaches. § 42-3502.05(e) says “[t]his chapter shall not apply to” four kinds of unit — a diplomatic residence, a unit in an establishment whose primary purpose is diagnostic care and treatment of diseases, any dormitory, and qualifying nonprofit long-term temporary family housing following a determination by the Rent Administrator — and § 42-3501.03(14) excludes a hotel or inn with a valid certificate of occupancy, and a primarily-transient structure, from “housing accommodation”, which is the term § 42-3501.03(33) defines “rental unit” by reference to. Which of those, if any, describes your building is a question of fact this page cannot answer
The cap, and the fact that it moves
§ 42-3505.10(b)(1) sets the application fee at no more than $50. (b)(2) then provides that, beginning on 1 January 2024, that figure may be adjusted annually by the housing provider commensurate with an increase in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. Nobody publishes the adjusted number for you — if you charge above the statutory $50 you are the one who has to show the index arithmetic
One fee across your units, for thirty days
(b-1): where an applicant applies for a unit you own or operate and, within 30 calendar days, applies to one or more other units in the District owned or operated by the same housing provider, you shall charge only one application fee — unless you are required to perform more than one screening. That exception is narrow, and it is not satisfied by choosing to run a second screening
No other fee before signing, and the refund clock
(b)(3) bars charging a prospective tenant any fee other than an application fee prior to signing a lease. (c) requires that where you fail to conduct a screening for any reason, the application fee is refunded within a reasonable time not to exceed 14 days
D.C. Code § 42-3505.10, subsection by subsection
§ 42-3502.05(e) — the chapter’s own non-application provision. This is the gate on everything below, because § 42-3505.10 is a section of the same chapter. “This chapter shall not apply to the following units: (1) Any rental unit operated by a foreign government as a residence for diplomatic personnel; (2) Any rental unit in an establishment which has as its primary purpose providing diagnostic care and treatment of diseases, including, but not limited to, hospitals, convalescent homes, nursing homes, and personal care homes; (3) Any dormitory; and (4) Following a determination by the Rent Administrator, any rental unit or housing accommodation intended for use as long-term temporary housing by families” meeting three stated conditions — income at or below 50% of the District median at initial occupancy, a nonprofit charitable housing provider operating strictly not-for-profit, and a comprehensive social services program for resident families. § 42-3501.03(14) and (33) — the definitional exclusion. A housing accommodation “does not include any hotel or inn with a valid certificate of occupancy or any structure, including any room in the structure, used primarily for transient occupancy and in which at least 60% of the rooms devoted to living quarters for tenants or guests were used for transient occupancy as of May 20, 1980”, and a unit counts as used for transient occupancy only where the landlord is subject to and pays the sales tax imposed by § 47-2001(n)(1)(C). “Rental unit” is then defined as any part of a housing accommodation “as defined in paragraph (14) of this section”, so those structures are outside the term the section operates on. (a) The pre-fee disclosure. Ten items, in writing or by accessible posting, before requesting any information or fees as part of tenant screening. § 42-3505.10(b)(1)–(2) The fee and its index. An application fee of no more than $50; from 1 January 2024 the housing provider may adjust it annually commensurate with an increase in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (b)(3) no fee other than an application fee before the lease is signed. (b)(4) where the provider permits a tenant to find a replacement, assign or sublet, a replacement fee may be required but shall not exceed the permitted application-fee amount. (b)(5) no holding deposit may be required from a prospective tenant using a government-funded housing voucher. (b-1) One fee, thirty days. Where an applicant applies for a unit owned or operated by the provider and within 30 calendar days applies to further units in the District owned or operated by the same provider, only one application fee may be charged — unless the provider is required to perform more than one screening. (b-2) No fees for required services. No fee before move-in, during a tenancy or after move-out for services required of the provider to maintain the accommodation consistent with the implied warranty of habitability and with Titles 12 and 14 of the D.C. Municipal Regulations, including fees for utilities, trash, locks or third-party billing administration; withholding a security deposit for damage beyond ordinary wear and tear is unaffected. (b-3) and (b-4) appear in the Code marked Not Funded. (c) The refund. Where the provider fails to conduct a screening for any reason, the application fee is refunded within a reasonable time not to exceed 14 days. (d) Prohibited inquiries and grounds. Certain prior possession actions and certain alleged lease breaches may not be inquired about, required to be disclosed, or used as the basis of an adverse action. (e) no adverse action based solely on a credit score or its absence, with a safe harbour for prohibited information received without being requested. (f) Adverse-action notice. Written, by the response date given under (a)(7), stating the specific grounds, enclosing a free copy or summary of third-party information relied on, and stating dispute and complaint rights. (g) the applicant may supply contrary evidence and the provider shall respond in writing within 10 days. (h) and (i) an Office of Human Rights complaint route with fines scaled to portfolio size, and a civil action in the Superior Court within one year, the two being alternatives. (j) defines adverse action and tenant screening. Limits of this page. No case law was researched. No rules issued by the Mayor under (h)(4) were researched. The cross-referenced sections and Titles 12 and 14 of the Municipal Regulations were not read. The applicability notes are reproduced, not resolved.
How to take a District of Columbia application fee correctly
Publish the ten-item disclosure before anything else happens
§ 42-3505.10(a) is engaged by requesting information, not by taking money, so the disclosure has to be available before the application form is. In writing or posted in a manner accessible to a prospective tenant — a single page carrying all ten items, linked from every advertisement, is the version that survives contact with reality.
Write down your automatic-denial criteria, and check them against subsection (d)
Item (3) requires the specific criteria that will result in automatic denial and item (4) the additional criteria that may. Draft them, then test each one against the prohibited grounds in (d) — a possession action that produced no judgment for the provider or was filed three or more years ago, and the categories of alleged lease breach the subsection lists, cannot be a criterion at all.
Set your stated response time knowing it becomes your adverse-action deadline
The number of days you publish under item (7) is the date subsection (f) uses for the written adverse-action notice. Publish a period you can actually meet on your worst week, not your best.
Fix the fee, and be able to evidence it if it is above fifty dollars
§ 42-3505.10(b)(1) is $50. (b)(2) permits an annual adjustment by the housing provider, from 1 January 2024, commensurate with an increase in the Consumer Price Index for All Urban Consumers. Nobody publishes the adjusted figure on your behalf, so keep the index series, the years applied and the arithmetic with your fee policy.
Check for a prior application from the same person in the last thirty days
Under (b-1) a second application to your units within 30 calendar days carries no second fee unless you are required to perform more than one screening. That requires a lookup across your whole District portfolio, not just the building being applied for, so it has to be a check your intake process performs rather than a rule staff are asked to remember.
Take nothing else before the lease is signed
(b)(3) bars any fee other than an application fee prior to signing. Administration charges, processing charges, holding fees and document charges taken at application stage are outside it — and (b)(5) separately bars requiring a holding deposit from a prospective tenant using a government-funded housing voucher.
Issue the receipt at payment, and diarise the fourteen days
The section does not itself prescribe a receipt form, but subsection (c) makes the date of payment and the fact of screening the two things you will need to prove. Where you fail to conduct a screening for any reason, refund within a reasonable time not exceeding 14 days, and record the date, amount and method.
Send the adverse-action notice with all four of its contents
Under (f): the specific grounds; a copy or summary, free of charge, of any third-party information that formed a basis for the decision; a statement of the right to dispute the accuracy and the permissibility of the information used; and a statement of the right to complain to the Office of Human Rights. Then, under (g), respond in writing within 10 days to anything the applicant sends back.
About the District of Columbia application fee receipt
The generator above produces a dated record of an application fee taken in the District of Columbia, built around the facts § 42-3505.10 turns on: what was taken, when, whether a screening was conducted, and what was refunded. The District prescribes no form for this, so it is not a statutory form and is not captioned as one. It records the parties and the unit, the amount received with its date and method, the screening company used, the criteria applied, the outcome, and the refund position. What it is not. It is not the subsection (a) disclosure. That document carries ten specified items, has to reach the applicant before you request any information or any fee, and cannot be discharged by a receipt issued afterwards — a receipt is by definition too late. Nor is it the adverse-action notice required by subsection (f), which has its own four contents and its own deadline. What it deliberately omits. It prints no dollar ceiling. The statutory figure is $50, but (b)(2) allows the housing provider to adjust it annually in line with an increase in the Consumer Price Index for All Urban Consumers, and no adjusted number is published for you — so a figure hard-coded into a form would be a figure a housing provider relied on. Enter the amount you actually charged and keep your index working alongside it. And one thing it assumes. It is written for a unit chapter 35 governs; § 42-3502.05(e) excludes four kinds of unit from that chapter and § 42-3501.03(14) puts hotels, inns and primarily-transient structures outside “rental unit” altogether, and the record does not ask which yours is because that is a question of fact about the building rather than a field. Nothing is stored and there is no charge. Fields left blank print as a dash.
What § 42-3505.10 requires you to be able to show
- That the unit is one chapter 35 governs. § 42-3505.10 is a section of that chapter; § 42-3502.05(e) takes diplomatic residences, units in establishments whose primary purpose is diagnostic care and treatment of diseases, any dormitory, and Rent Administrator-determined nonprofit long-term temporary family housing outside it, and § 42-3501.03(14) puts hotels, inns and primarily-transient structures outside ‘housing accommodation’ and so outside ‘rental unit’.
- That the ten-item disclosure existed and was delivered or posted first. Keep the dated version of the document or page, because the duty is about what the applicant could see before they engaged with you.
- Your published automatic-denial criteria, and the additional ones. Items (3) and (4), and the fact that neither includes a ground prohibited by subsection (d).
- The consumer reporting agency you named. Item (5) requires its name and contact information, plus the statement about a free copy on denial or other adverse action.
- Your availability figures. Item (6), either the forward view by bedroom size and monthly rent or the prior fiscal year’s monthly counts.
- The response time you published. Item (7), which is also the deadline subsection (f) imposes on your adverse-action notice.
- The fee charged, and the index arithmetic if it exceeds fifty dollars. (b)(1) and (b)(2): the adjustment is yours to make and yours to justify.
- That no other fee was taken before the lease was signed. (b)(3), and (b)(5) for holding deposits where a government-funded voucher is in use.
- Whether this applicant applied to any of your other District units in the previous thirty days. (b-1), and, if a second fee was charged, why a second screening was required.
- Whether a screening was in fact conducted. The trigger for the refund duty in subsection (c) is a failure to conduct one, for any reason.
- The refund, its amount, date and method, inside fourteen days. The subsection sets a reasonable time not to exceed 14 days.
- Your adverse-action notice and its four contents. Subsection (f), issued by the response date you published.
- Your written response to any dispute, within ten days. Subsection (g)(2).
- Any requirement of the Municipal Regulations you are also meeting. Titles 12 and 14 are referenced by (b-2) and were not read for this page.
Common mistakes with District of Columbia application fees
- Assuming the chapter reaches every unit you let. § 42-3505.10 sits inside chapter 35, and § 42-3502.05(e) provides that the chapter shall not apply to a diplomatic residence, a unit in an establishment whose primary purpose is diagnostic care and treatment of diseases, any dormitory, or Rent Administrator-determined nonprofit long-term temporary family housing — while § 42-3501.03(14) excludes a hotel or inn with a valid certificate of occupancy and a primarily-transient structure from ‘housing accommodation’, and therefore from ‘rental unit’. That does not weaken the duties on a unit the chapter covers; it means the classification question comes first, and item (4) of the list turns on a determination by the Rent Administrator rather than on your own assessment.
- Treating the disclosure as a fee notice. It is engaged by requesting information, so handing out an application form without having disclosed first is already too late, whatever happens to the money afterwards.
- Disclosing some of the ten items. The subsection lists ten and the ones providers skip are predictable: the automatic-denial criteria, the availability figures and the stated response time. Partial compliance on a ten-item list is non-compliance.
- Publishing automatic-denial criteria that subsection (d) forbids. An eviction filing more than three years old, or one that produced no judgment for possession, cannot be a ground — and writing it into your disclosure documents the breach.
- Publishing an optimistic response time. Item (7) sets the deadline for your own adverse-action notice under subsection (f). A short published period is a short notice window for every rejection you make.
- Charging above fifty dollars without the arithmetic. (b)(2) permits an annual adjustment by the housing provider in line with an increase in the Consumer Price Index for All Urban Consumers, but nobody publishes the resulting figure for you. Without the index working, the number you are charging is unexplained.
- Adding an administration or processing charge at application stage. (b)(3) bars any fee other than the application fee prior to signing a lease. Renaming it does not move it outside the paragraph.
- Requiring a holding deposit from a voucher holder. (b)(5) prohibits it outright where the prospective tenant is using a government-funded housing voucher.
- Charging a second fee for a second building. (b-1) allows one fee where the applicant applies to further units you own or operate within 30 calendar days, unless a further screening is required. Choosing to run one is not the same as being required to.
- Reading subsection (c) as a general unused-portion refund. The express duty is triggered by a failure to conduct a screening, and runs to the fee, within a reasonable time not exceeding 14 days. The unused-portion language sits at item (a)(9), as something you must tell the applicant about.
- Charging tenants for services you are required to provide. (b-2) bars fees before move-in, during the tenancy or after move-out for services required to maintain the accommodation consistent with the implied warranty of habitability and the Municipal Regulations, including third-party billing administration charges.
- Sending an adverse-action notice with the grounds but nothing else. Subsection (f) requires four things, including a free copy or summary of the third-party information relied on and a statement of dispute and complaint rights.
- Ignoring a disputing applicant. Subsection (g)(2) requires a written response — by mail, electronic mail or in person — within 10 days of receiving the information.
What must a District of Columbia landlord disclose before charging an application fee?
Ten specified items, in writing or by posting in a manner accessible to a prospective tenant, and the duty arises before requesting any information or fees from that prospective tenant as part of tenant screening. That is the opening line of § 42-3505.10(a), and it is the most important sentence on this page.
One boundary belongs on that answer, and it comes before everything else here. § 42-3505.10 is a section of chapter 35 of Title 42, so it reaches what the chapter reaches and no further. § 42-3502.05, captioned “Registration and coverage”, provides at subsection (e) that “[t]his chapter shall not apply to the following units”: any rental unit operated by a foreign government as a residence for diplomatic personnel; any rental unit in an establishment which has as its primary purpose providing diagnostic care and treatment of diseases, including but not limited to hospitals, convalescent homes, nursing homes and personal care homes; any dormitory; and, following a determination by the Rent Administrator, any rental unit or housing accommodation intended for use as long-term temporary housing by families with one or more members, where the families had incomes at or below 50% of the District median income for families of that size at initial occupancy, the housing provider is a nonprofit charitable organization operating it on a strictly not-for-profit basis, and the provider offers a comprehensive social services program to resident families.
A second exclusion runs through the definitions rather than through that list, and it catches the lodging cases. § 42-3501.03(14) defines a housing accommodation as any structure or building in the District containing one or more rental units and the land appurtenant thereto, and then provides that the term “does not include any hotel or inn with a valid certificate of occupancy or any structure, including any room in the structure, used primarily for transient occupancy and in which at least 60% of the rooms devoted to living quarters for tenants or guests were used for transient occupancy as of May 20, 1980”. It adds that for the purposes of the chapter a rental unit is deemed used for transient occupancy only where the landlord of the unit is subject to and pays the sales tax imposed by § 47-2001(n)(1)(C). Because § 42-3501.03(33) defines a rental unit as any part of a housing accommodation as defined in paragraph (14) of this section, a hotel, an inn or a primarily-transient structure is not a rental unit for this chapter at all, and the tenant-screening section does not operate on it.
Read both of those as a gate, not as a doubt. Where the unit is one the chapter covers — the ordinary residential letting this page is written for — every duty set out below binds exactly as stated. Where it is one of the excluded categories, the chapter does not reach the unit and whatever law does is not described here. Two of the exclusions repay a second look before you rely on them: the diagnostic-care limb turns on the establishment’s primary purpose rather than on a licence category, and the long-term-temporary-housing limb operates only following a determination by the Rent Administrator, so it is not a status a housing provider assigns to itself. Which side of the line a particular building falls on is a question of fact about the property, and it is not one this page can settle for you.
The list is: (1) the amount and purpose of each fee or deposit, mandatory or voluntary, that may be charged to a tenant or prospective tenant, and whether it is refundable; (2) the types of information that will be accessed to conduct a tenant screening; (3) the specific criteria that will result in automatic denial of the application; (4) any additional criteria that may result in denial; (5) if a credit or consumer report is used, the name and contact information of the credit or consumer reporting agency, and a statement of the applicant’s rights to obtain a free copy of the report in the event of a denial or other adverse action; (6) the approximate quantity of rental units that will be available for rent over a specified period, by bedroom size and monthly rent, or if that information is not available, the number that became available each calendar month in the provider’s prior fiscal year; (7) the number of days after receipt of an application within which the provider will respond with an approval or denial decision; (8) the applicant’s right to dispute any information relied upon that is inaccurately or incorrectly attributed to them or is based on prohibited criteria, and the right to receive a response about anything disputed; (9) the applicant’s right to a refund for any unused application fee; and (10) the applicant’s right to file a complaint with the Office of Human Rights or to pursue civil action in the Superior Court of the District of Columbia.
Read that list as an operational document rather than a legal one and its character becomes clear. Four of the ten — the fee schedule, the information types, the reporting agency and the dispute rights — are drafting. Three — the automatic-denial criteria, the additional criteria and the availability figures — require you to know something about your own business that most providers have never written down. One, the response time, quietly sets a deadline you will be held to later.
When exactly is the disclosure due?
Before you request any information from the prospective tenant, or any fee. Not before you screen; not before you charge. The earliest of those events is almost always the application form, because asking for an employer, a previous address or a reference is requesting information as part of tenant screening.
That timing is what makes the alternative delivery method matter. The subsection permits notification in writing, or by posting in a manner accessible to a prospective tenant. A housing provider who advertises publicly cannot realistically serve a personalised written notice on everyone who might apply, and does not have to. The workable pattern is a single page carrying all ten items, kept current, reachable from every advertisement and from the application form itself, so that the disclosure is available at or before the first moment any information is asked for.
Two practical consequences follow. First, a receipt cannot cure this: a document issued when the fee is paid is issued after the information was requested, and the duty was owed earlier. Second, because the disclosure is posted rather than served, the record you want to keep is a dated version of the page or document as it stood, so you can show what a prospective tenant would have seen at the time.
How do you write the automatic-denial criteria without creating a problem?
By drafting them and then testing each one against subsection (d), which lists grounds a housing provider may not inquire about, require the applicant to disclose, or base an adverse action on.
Subsection (d) covers two families. The first is prior possession actions: whether a previous action to recover possession from the applicant occurred, where the action either did not result in a judgment for possession in favor of the housing provider, or was filed three or more years ago. The second is allegations of a breach of lease, where the alleged breach stemmed from an incident that the applicant demonstrates may constitute a defence to a possession action under § 42-3505.01(c-1) or a federal law relating to domestic violence, dating violence, sexual assault or stalking — including records of civil or criminal protection orders the applicant sought or obtained, or of criminal matters in which the applicant is a witness; or from an incident in which the applicant was the victim of a crime in the unit; or is related to the applicant’s or a household member’s disability; or took place three or more years ago.
Put those next to a typical published screening standard and the friction is obvious. “No prior eviction filings” is not a criterion this section permits, because it sweeps in filings that produced no judgment and filings more than three years old. A criterion phrased around judgments for possession within the last three years is a different proposition. The point of writing item (3) is precisely that it forces this distinction into the open.
Subsection (e) adds a related constraint on how a report is used: a housing provider shall not base an adverse action solely on a credit score or the lack of one, although information within the credit or consumer report that is directly relevant to fitness as a tenant may be relied on. And it supplies a safe harbour: it is not a violation to receive a report containing information that may not be used under subsection (d), provided the provider did not specifically request or inquire about that information and can demonstrate that no adverse action was based on it. That proviso is evidential, so the practice it rewards is documenting the grounds you did rely on.
How much can a District of Columbia landlord charge for a rental application?
§ 42-3505.10(b)(1) provides that a housing provider may require a prospective tenant to pay an application fee, and that such a fee will be no more than $50.
§ 42-3505.10(b)(2) then adds that, beginning on 1 January 2024, that fee may be adjusted annually by the housing provider, or his or her agent, commensurate with an increase in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics.
Notice who does the adjusting. The paragraph does not direct an agency to publish a current maximum; it permits the housing provider to make the adjustment. There is therefore no official figure to look up, and a provider charging above the statutory fifty dollars is asserting an arithmetic that it, and not the District, has performed. That has an obv
