Washington, D.C. Rent Increase Laws: The Landlord and Tenant Guide
Rent Control Cap · CPI-W Plus 2 Percent · 30-Day Notice and RAD Filing · Elderly and Disabled Cap · Exemptions · Retaliation Limits
Washington, D.C. is not a free-market rent city. Unlike most of the country, the District runs real, active rent control — called rent stabilization — under the Rental Housing Act of 1985. For a covered unit, two limits apply at once: a hard annual cap that the Rental Housing Commission republishes every year, and a strict written-notice rule with a filing requirement at the Rental Accommodations Division. On top of those sit the exemptions for newer buildings and small landlords, a lower cap for elderly and disabled tenants, vacancy and petition-based increases, and anti-retaliation and fair-housing protections that reach even exempt units. Get all of them right and your increase holds; miss one and a tenant can refuse the overage and use the defect against you. This guide walks the whole District framework end to end, with every rule tied to a concrete action.
The stakes are practical. An increase that violates the cap, the once-a-year limit, the notice period, or the retaliation rules is not just risky — for a rent-controlled unit an over-cap or too-frequent increase is unlawful on its face, and an improper increase can become a defense if you later try to recover the raised rent. Because the CPI-W figure that drives the cap changes every year and the District has amended its rent-control law repeatedly in recent years, treat every number in this guide as a starting point and verify the current published figure with the Rental Accommodations Division before you serve anything.
Below, a detailed overview video summarizes the District framework; the sections that follow break down each piece — whether the unit is even covered, the CPI-W plus 2 percent cap and how to calculate it, the lower elderly and disabled cap, the 30-day notice and RAD filing, when you may raise rent at all, the exemptions, vacancy and capital-improvement increases, retaliation and fair housing, and a step-by-step landlord playbook — plus a District-specific FAQ.
Washington, D.C. Rent Increase Rules at a Glance
Rent Control
Yes — covered units capped (Rental Housing Act)
Standard Cap
CPI-W + 2%, 10% max (~4.1% for RCY 2026)
Elderly / Disabled
Lesser of 5% or CPI (~2.1% for RCY 2026)
Notice + Frequency
30-day notice + RAD filing · once / 12 months
Does Washington, D.C. Have Rent Control?
Yes — and this is what makes the District different from almost every other jurisdiction on this site. Washington, D.C. runs an active rent-control program, formally called rent stabilization, under the Rental Housing Act of 1985 (D.C. Law 6-10), codified at D.C. Code section 42-3501.01 and following. For a covered unit, the annual rent increase is limited to a figure the Rental Housing Commission publishes each year, and rent may be raised only once in any 12-month period. The program is administered day to day by the Rental Accommodations Division (RAD) within the Department of Housing and Community Development.
The first question for any District landlord is therefore not “how much can I raise the rent,” but “is this unit even covered.” Rent control does not reach every rental in the District: newer buildings and small natural-person landlords are carved out, as detailed below. But coverage is the default — every unit must be registered with the Rental Accommodations Division either as rent-controlled or as exempt, and a unit that is not properly registered as exempt is treated as covered. So a landlord who assumes “no cap” without checking the registration is taking a real risk.
Rent stabilization vs. rent ceilings
Older District materials referred to “rent ceilings.” The District abolished the rent-ceiling system and replaced it with the current rent-charged framework: under D.C. Code section 42-3502.06 the rent ceilings were abolished, and increases are now measured against the current lawful rent charged for the unit. When you read older guidance, translate “rent ceiling” into today’s “rent charged” standard, and rely on the current published adjustment rather than a historical ceiling figure.
Takeaway
The District has real rent control under the Rental Housing Act of 1985. For a covered unit, the increase is capped by the annually published figure and allowed only once every 12 months. Coverage is the default — confirm the unit’s RAD registration before assuming any unit is exempt.
The Rent-Control Cap: CPI-W Plus 2 Percent
The centerpiece of District rent-increase law is the annual cap under D.C. Code section 42-3502.08. For a covered rent-stabilized unit, the standard “adjustment of general applicability” is the change in the Washington metropolitan-area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the prior calendar year, plus 2 percent — and the total may never exceed 10 percent. The Rental Housing Commission calculates and publishes the allowable figure for each Rent Control Year.
How the Cap Is Calculated
The math is straightforward once you have the year’s CPI-W number. Take the published CPI-W change, add 2 percentage points, and that is the standard cap — unless the sum would exceed 10 percent, in which case 10 percent is the ceiling. For Rent Control Year 2026, which runs from May 1, 2026 through April 30, 2027, the CPI-W came in at about 2.1 percent, so the standard cap is about 4.1 percent (2.1 percent plus 2 percent). The prior year, Rent Control Year 2025, the standard cap was about 4.8 percent. In recent years the District has also imposed temporary lower ceilings by emergency and temporary legislation, so the 10 percent statutory maximum has at times been cut further — another reason to verify the current published figure rather than assume the statutory ceiling.
The figure is republished every year — do not reuse last year’s
The CPI-W portion of the cap is not fixed. The Rental Housing Commission issues a new allowable-adjustment notice each spring, and the new number governs increases taking effect in that Rent Control Year (which runs May 1 through April 30). Look up the current allowable percentage before you set any increase, and confirm whether any temporary legislation has lowered the ceiling below the standard 10 percent for the period in question.
Only once in any 12 months on a covered unit
Unlike some jurisdictions that allow two increases a year, a rent-controlled District unit may be increased only once in any 12-month period, and only within the published cap. A second increase inside 12 months on a covered unit is unlawful even if each increase is individually small. You cannot split a large increase into two to sidestep the annual limit.
Takeaway
On a covered unit, the standard cap is CPI-W plus 2 percent, never more than 10 percent, taken once in any 12-month period. For Rent Control Year 2026 that is about 4.1 percent. Pull the current published figure — and check for any temporary lower ceiling — before you set a number.
The Lower Cap for Elderly and Disabled Tenants
The District gives extra protection to elderly and disabled tenants. Under D.C. Code section 42-3502.08, when a covered rent-stabilized unit is occupied by an elderly tenant (62 or older) or a tenant with a disability who has registered that status, the annual increase is capped at the lesser of 5 percent or the standard adjustment of general applicability. In practice this tracks CPI alone rather than CPI-W plus 2 percent, so it lands meaningfully below the standard cap.
For Rent Control Year 2026, the published elderly and disabled cap is about 2.1 percent, against the standard 4.1 percent. In Rent Control Year 2025 the elderly and disabled figure was about 2.5 percent. As with the standard cap, this number is republished each year, so verify the current figure.
The protection depends on registration
The lower cap is not automatic. An elderly or disabled tenant generally must file the required registration or election with the housing provider and the Rental Accommodations Division to claim the protected status. Once the status is properly registered, the landlord must apply the lower cap. A landlord who is on notice of a registered elderly or disabled tenant and nonetheless applies the standard cap has taken an unlawful increase.
Takeaway
A registered elderly (62 or older) or disabled tenant is capped at the lesser of 5 percent or CPI — about 2.1 percent for Rent Control Year 2026, well below the standard cap. Confirm the tenant’s registered status and apply the lower figure, and verify the current published number each year.
Notice and Filing: 30 Days and the RAD Form
Even a perfectly-sized increase fails if you deliver it wrong. The District requires a landlord to give the tenant at least 30 days’ written notice before a rent increase takes effect. For a rent-controlled unit there is a second step: the increase must be documented on the required RAD form and filed with the Rental Accommodations Division.
| Requirement | Rent-controlled unit | Lawfully exempt unit |
|---|---|---|
| Written notice | At least 30 days before the effective date | At least 30 days before the effective date |
| Amount limit | Within the published cap (CPI-W + 2%, 10% max; lower for elderly/disabled) | No statutory cap on the amount |
| Frequency | Once in any 12-month period | No statutory annual-frequency cap |
| RAD filing | Required — file the increase on the RAD form | Not applicable |
What a Proper Notice Contains and How to Serve It
A defensible District rent-increase notice is in writing and states, at minimum, the tenant’s name and the property address, the current rent, the new rent, and the exact effective date, with enough lead time to satisfy the 30-day period. A verbal announcement, a text message, or an email the tenant never agreed to accept is not proper notice and does not start the clock; the old rent continues until a proper written notice is served. Serve it by a provable method — certified mail with return receipt, personal delivery with a signed acknowledgment, or another method your lease and District rules allow — and keep a copy of both the notice and the proof of delivery. For a rent-controlled unit, keep proof that the increase was also filed with the Rental Accommodations Division.
Longer periods can override the minimum
The 30-day rule is a floor, not a ceiling. If a lease, a recorded regulatory agreement, a subsidy contract, or another rule requires a longer notice period, the longer period controls. Subsidized and specially regulated housing frequently layers on extra notice and documentation requirements, so a notice that satisfies the District minimum can still fall short of a program rule.
Takeaway
Give at least 30 days’ written notice, and for a covered unit file the increase with RAD on the required form. Put it in writing with the current rent, new rent, and effective date, serve it by a provable method, and keep proof of delivery and filing.
When You Can Raise the Rent at All
The cap and the notice rules only matter once you actually have the right to raise the rent. That right depends on the tenancy.
During a Fixed-Term Lease: Generally Locked
While a fixed-term lease is running, the rent is set at the agreed amount for the whole term. You cannot raise it mid-term unless the lease itself contains an explicit escalation clause that permits the change — and even then, for a rent-controlled unit the increase must still respect the published cap and the once-a-year limit. Absent that clause, the tenant is entitled to the agreed rent through the end of the term, and a mid-term increase is not enforceable.
At Renewal or on a Month-to-Month Tenancy
The two ordinary windows to raise rent are at lease renewal, when a new term begins, and during a month-to-month tenancy, where a landlord may change the rent going forward by serving the 30-day notice (and, for a covered unit, filing with RAD and staying within the cap). On a month-to-month, the increase takes effect only after the full notice period runs; the tenant can accept the new rent and stay, or give proper notice and move out.
A mid-term increase without authority is void
Trying to raise rent partway through a fixed-term lease with no escalation clause does not simply fail quietly — the increase is unenforceable, and a tenant who keeps paying the original rent is in the right. Do not treat a tenant’s silence as agreement. Wait for renewal, or convert to a lawful month-to-month process, before adjusting the rent.
Takeaway
You may raise rent at renewal or on a month-to-month tenancy with proper notice, but never mid-term on a fixed lease unless the lease expressly allows it. The tenancy type decides whether you even have the authority; the cap, frequency, and notice rules decide how much and how.
Exemptions From D.C. Rent Control
Not every District rental is subject to rent control. Under D.C. Code section 42-3502.05, several categories of housing are exempt — but the exemptions are specific, most require a registered claim of exemption, and getting one wrong means the unit was covered all along.
| Exempt category | The catch |
|---|---|
| Buildings first occupied after 1975 | Newer construction — a rental unit in a building for which the building permit was issued, or that was first occupied, after 1975 is exempt from the rent cap |
| Small natural-person landlords (4 or fewer units) | Exempt only if the owner is a natural person (or a small number of natural persons) who together own four or fewer rental units in the District and do not hold an interest in other District rentals — AND a proper claim of exemption is registered with RAD |
| Federally or District subsidized units | Where the rent is otherwise regulated by a subsidy program, the unit is generally exempt from the local rent cap but bound by the program’s own rules |
| Continuously vacant / newly covered units | Narrow, fact-specific categories — confirm the exact status and registration |
Exemption Is Not Automatic — It Must Be Registered
The most important thing to understand about the District’s exemptions is that they are claimed, not assumed. Every rental unit must be registered with the Rental Accommodations Division either as subject to rent control or as exempt, and any unit that is not registered as exempt is treated as covered by rent control. So a small landlord who genuinely owns only a few units but never filed a claim of exemption does not automatically enjoy the exemption — the cap can apply until the exemption is properly registered. The post-1975 construction exemption and the four-or-fewer-units exemption are the two most common, and both turn on facts a landlord must be able to document.
The four-or-fewer-units exemption is strict
The small-landlord exemption is available only to a natural person, or a small number of natural persons, who together own no more than four rental units in the District, and who do not hold an interest in other rental units here. A corporation, a real estate investment trust, or an owner with holdings above the threshold does not qualify. Because the count is District-wide across the owner’s interests, confirm the total holding before relying on this exemption, and keep the registered claim of exemption current.
Takeaway
Exemptions are real but must be registered. The main ones are post-1975 construction, a natural person owning four or fewer District units (with a filed claim of exemption), and subsidized housing. A unit not registered as exempt is treated as covered — when in doubt, assume rent control applies and verify the registration.
Vacancy and Petition-Based Increases
The standard annual adjustment is not the only lawful increase on a rent-controlled unit. District law provides several additional mechanisms — but each is limited and, in most cases, requires action within a tight window or an approved petition.
Vacancy Increases
When a tenant voluntarily moves out of a rent-controlled unit, the landlord may take a vacancy increase, but it is capped — generally up to 10 percent above the prior rent, or up to the rent charged for a comparable unit but not more than a 30 percent increase. The increase must be taken within a short window after the unit is vacated, or the right to it is forfeited. This is a far cry from the open “reset to market” that landlords in non-controlled jurisdictions enjoy on turnover; on a covered District unit, even the vacancy increase is limited.
Capital-Improvement and Hardship Petitions
A landlord of a rent-controlled unit may also petition the Rental Accommodations Division for increases above the standard cap in defined circumstances. A capital-improvement petition can recover the cost of qualifying building improvements, spread over a set number of months and generally imposed as a temporary surcharge on the affected units. A hardship petition allows an increase sufficient for the landlord to earn a limited rate of return on the property, based on documented operating expenses. Both are petition-based, must be approved before the increase is taken, and sit on top of the once-a-year standard adjustment. Voluntary-agreement and substantial-rehabilitation increases exist as well. Because the rates, timelines, and filing rules for these petitions are detailed and change, confirm the current requirements before filing.
Petition increases are not self-help
A capital-improvement or hardship increase is not something a landlord may simply announce. It must be filed with, and approved by, the Rental Accommodations Division, with notice to the affected tenants and an opportunity to be heard. Imposing a petition-based surcharge without approval is an unlawful increase, no different from exceeding the cap.
Takeaway
Beyond the annual cap, a covered unit allows a limited vacancy increase (generally up to 10 percent, or a comparable-unit rent capped at a 30 percent rise, taken within a short window) and approved capital-improvement or hardship petitions. None is an open market reset, and the petition increases require RAD approval first.
Retaliation and Fair Housing Limits
Two more limits apply on top of the cap, frequency, and notice rules, and they reach every unit — covered or exempt. An increase that clears the numbers can still be unlawful if it trips either one.
A Rent Increase Cannot Be Retaliatory
Under D.C. Code section 42-3505.02, a District landlord may not take retaliatory action — including an unlawful rent increase — against a tenant for exercising a protected right, such as requesting repairs to meet the housing code, reporting a housing-code violation to District officials, or organizing or joining a tenant association. The statute is unusually protective: if the landlord’s action comes within 6 months after the tenant’s protected activity, a presumption of retaliation arises, and the landlord must rebut it with clear and convincing evidence of a legitimate, non-retaliatory reason. That is a high bar. The safest practice is to time increases to the ordinary schedule (renewal or an annual anniversary) and to document the market and cost reasons behind the number.
It Cannot Discriminate or Target a Source of Income
A rent increase also cannot be used to discriminate. The federal Fair Housing Act bars discrimination based on race, color, religion, national origin, sex, familial status, and disability, and it applies in the District. The D.C. Human Rights Act, at D.C. Code section 2-1402.21, goes further and protects many more traits — and crucially it protects source of income, which includes a Housing Choice (Section 8) voucher and other lawful rental assistance. You cannot refuse to rent to, charge a higher rent or deposit to, or raise rent to push out a tenant because the tenant uses a voucher. Advertising “no vouchers” or steering a voucher holder to a higher figure is itself unlawful in the District. For the federal baseline on protected characteristics, see our Fair Housing Act guide for landlords.
Consistency is your best defense
Increases applied evenly across comparable units on a regular schedule are far easier to defend than a one-off increase aimed at a single tenant. A selectively applied hike, or one that lands right after a complaint, invites both a retaliation presumption and a fair-housing claim — even when the dollar figure is within the cap. Set increases by an objective method (the published cap, a fixed schedule, or a documented cost basis) and apply it the same way to comparable tenants.
Takeaway
An increase inside the cap is still unlawful if it is retaliatory — and within 6 months of protected activity a presumption arises that the landlord must rebut by clear and convincing evidence — or discriminatory, including targeting a lawful source of income like a housing voucher under the D.C. Human Rights Act. Apply increases consistently, on schedule, with a documented business reason.
Writing a Valid Rent-Increase Notice
A District rent-increase notice is only effective if it is done right. Put it in writing, state the current rent, the new rent, and the exact date the new rent takes effect, and deliver it far enough ahead to satisfy the 30-day notice period. For a rent-controlled unit, the increase must also be recorded on the required RAD form and filed with the Rental Accommodations Division, and it must fall within the published cap and the once-a-year limit. A vague or verbal notice, or one that shortchanges the timing, is invalid, and the old rent continues until a proper notice is given.
Keep a copy of the notice and proof of how and when you delivered it, along with proof of the RAD filing for a covered unit. If a tenant later disputes the increase, that dated record is what shows the notice was timely, complete, within the cap, and properly filed.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free Washington, D.C. rent increase notice form, and the Washington, D.C. lease agreement form if you need an escalation clause or a fresh renewal term. Always tailor the numbers to your unit and verify current law.
The Washington, D.C. Landlord Playbook
Put the whole framework into a repeatable sequence and a rent increase becomes routine instead of risky. Follow these steps every time.
Confirm coverage versus exemption
Check the unit’s registration with the Rental Accommodations Division. If it is not registered as exempt, treat it as rent-controlled. For a small-landlord or post-1975 exemption, confirm the facts and that a claim of exemption is on file.
Pull the current published cap
If covered, look up the Rental Housing Commission’s allowable adjustment for the current Rent Control Year — the standard CPI-W plus 2 percent figure, or the lower elderly and disabled figure if the tenant has registered that status — and check for any temporary lower ceiling.
Check timing, frequency, and tenancy type
Confirm you have the right to raise rent now — at renewal or on a month-to-month, never mid-term without a lease clause — that no increase was taken in the past 12 months on a covered unit, and that the increase is not landing right after protected tenant activity.
Serve the 30-day notice and file with RAD
Give at least 30 days’ written notice stating the current rent, new rent, and effective date, serve it by a provable method, and for a covered unit file the increase on the required RAD form within the required window.
Document everything
Keep a copy of the notice, proof of delivery, proof of the RAD filing, the published cap figure you used, and a note of the market and cost reasons behind the increase. Consistent, documented increases are the ones that hold up.
Common Scenarios, Quickly Answered
✓ Usually Defensible
- Covered increase within the published cap. A 30-day written notice, filed with RAD, sized at or under the current CPI-W plus 2 percent figure, taken once in 12 months.
- Elderly or disabled increase at the lower cap. The same process, held to the registered elderly and disabled figure.
- Exempt-unit raise with proper notice. On a registered-exempt unit, a written 30-day notice for an uncapped but even-handed increase.
- Consistent annual adjustment. The same schedule and method applied across comparable units with documented comparables.
✕ Likely Unlawful
- Increase over the cap. Any raise above the published CPI-W plus 2 percent figure (or the lower elderly and disabled cap) on a covered unit.
- Twice in 12 months. A second increase inside a year on a rent-controlled unit.
- Mid-term hike, no clause. Raising rent during a fixed lease with no escalation clause.
- Post-complaint increase. A raise within 6 months of a repair request or code complaint — a retaliation presumption under D.C. Code section 42-3505.02.
Rent Increases Go Smoother With the Right Tenant
The tenants who fight every lawful increase are often the ones who show red flags on screening. Comprehensive credit, income, and eviction-history reports catch the mismatch before you ever sign a lease.
Frequently Asked Questions
Does Washington, D.C. have rent control?
Yes. The District of Columbia has real, active rent control, called rent stabilization, under the Rental Housing Act of 1985, codified at D.C. Code section 42-3501.01 and following. For a covered rent-stabilized unit the annual rent increase is capped by a figure the Rental Housing Commission publishes each year, and rent may be raised only once in any 12-month period. Not every unit is covered: buildings first occupied after 1975 and units owned by a natural person who owns four or fewer rental units in the District, among other categories, can be exempt if properly registered. Confirm the unit’s rent-control status with the Rental Accommodations Division before you set an increase.
How much can a landlord raise the rent in Washington, D.C.?
For a covered rent-stabilized unit, the standard annual increase is the change in the Washington-area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) plus 2 percent, and the total may never exceed 10 percent. The Rental Housing Commission publishes the allowable figure for each rent-control year. For Rent Control Year 2026, which runs from May 1, 2026 through April 30, 2027, the standard cap is about 4.1 percent (a 2.1 percent CPI-W plus 2 percent). Because this figure is republished every year, verify the current published number under D.C. Code section 42-3502.08 before you serve a notice. Units lawfully exempt from rent control are not capped, but the notice and anti-retaliation rules still apply.
Is there a lower rent increase cap for elderly or disabled tenants in Washington, D.C.?
Yes. Under D.C. Code section 42-3502.08, a rent-stabilized unit occupied by an elderly tenant (62 or older) or a tenant with a disability who has registered that status is capped at the lesser of 5 percent or the standard adjustment of general applicability. In practice the elderly or disabled cap tracks CPI-W alone rather than CPI-W plus 2 percent. For Rent Control Year 2026 the published elderly and disabled cap is about 2.1 percent. Verify the current published figure each year, because the number changes annually.
What is the allowable rent increase in Washington, D.C. for the current year?
For Rent Control Year 2026, which runs from May 1, 2026 through April 30, 2027, the Rental Housing Commission published a standard cap of about 4.1 percent for most rent-controlled tenants (a 2.1 percent CPI-W plus 2 percent) and about 2.1 percent for registered elderly or disabled tenants. The prior year, Rent Control Year 2025, the figures were about 4.8 percent standard and 2.5 percent for elderly or disabled tenants. Because the allowable adjustment is republished annually and can be affected by temporary legislation, always confirm the current published figure with the Rental Accommodations Division before setting an increase.
How much notice must a Washington, D.C. landlord give before raising rent?
A District landlord must give the tenant at least 30 days’ written notice before a rent increase takes effect. For a rent-controlled unit the increase must also be filed with the Rental Accommodations Division on the required RAD form, and it may be taken only once in any 12-month period and only within the published cap. A verbal announcement, a text, or an email the tenant never agreed to is not proper notice, and the old rent continues until a proper written notice is served.
Which Washington, D.C. units are exempt from rent control?
The main exemptions under D.C. Code section 42-3502.05 are: rental units in a building first occupied (or issued a building permit) after 1975; units owned by a natural person, or a small number of natural persons, who together own four or fewer rental units in the District, provided a proper claim of exemption is registered; and federally or District subsidized units where rent is otherwise regulated. Exemption is not automatic: every unit must be registered with the Rental Accommodations Division either as rent-controlled or as exempt, and any unit not registered as exempt is treated as covered by rent control.
How often can rent be raised in Washington, D.C.?
For a rent-controlled unit, no more than once in any 12-month period, and only within the published cap. For a unit lawfully exempt from rent control there is no annual-frequency cap in the statute, but every increase still requires the 30-day written notice, and a mid-lease increase is not enforceable unless the lease itself allows it.
Can a landlord raise rent in the middle of a lease in Washington, D.C.?
Generally no. During a fixed-term lease the rent is locked at the agreed amount unless the lease itself contains an escalation clause that expressly permits a mid-term increase. A landlord may raise rent at renewal, or during a month-to-month tenancy, by serving the required 30-day written notice, and for a rent-controlled unit by staying within the published cap and filing with the Rental Accommodations Division.
Can a landlord raise rent to market rate when a tenant moves out in Washington, D.C.?
Only within limits. For a rent-controlled unit, D.C. law allows a vacancy increase when a tenant voluntarily moves out, but it is capped, generally at 10 percent above the prior rent, or up to the rent of a comparable unit but not more than a 30 percent increase, and the increase must be taken within a short window after the unit is vacated or the right is forfeited. This is far from an open market reset. For a lawfully exempt unit there is no vacancy cap, but the notice rules still apply. Verify the current vacancy rules before relying on them.
Can a rent increase be illegal even if it is under the cap in Washington, D.C.?
Yes. A rent increase that is within the numeric cap can still be unlawful if it is retaliatory. Under D.C. Code section 42-3505.02, if the landlord raises rent within 6 months after the tenant exercised a protected right, such as requesting repairs, reporting a housing-code violation, or organizing a tenant association, a presumption of retaliation arises and the landlord must rebut it with clear and convincing evidence. An increase used to discriminate against a protected class, including a tenant’s lawful source of income such as a housing voucher, is separately unlawful under the D.C. Human Rights Act and the federal Fair Housing Act.
Does Washington, D.C. protect a tenant’s source of income, like a housing voucher?
Yes. The D.C. Human Rights Act, at D.C. Code section 2-1402.21, makes source of income a protected trait, which includes a Housing Choice (Section 8) voucher and other lawful rental assistance. A landlord may not refuse to rent, charge a higher rent or deposit, or set or raise rent to push out a tenant because the tenant uses a voucher. This District protection sits on top of the federal Fair Housing Act, which bars discrimination based on race, color, religion, national origin, sex, familial status, and disability.
What are capital-improvement and hardship rent increases in Washington, D.C.?
Beyond the standard annual adjustment, a D.C. landlord of a rent-controlled unit may petition the Rental Accommodations Division for additional increases in defined circumstances: a capital-improvement surcharge to recover the cost of qualifying building improvements, spread over a set number of months and generally temporary; and a hardship petition that allows an increase sufficient to earn a limited rate of return on the property. These petition-based increases are not automatic, must be approved, and are on top of the once-a-year adjustment. Confirm the current petition rules and rates before filing.
What is the safest way for a Washington, D.C. landlord to raise rent?
Confirm whether the unit is rent-controlled or exempt by checking its registration with the Rental Accommodations Division, calculate the increase using the current published cap for a covered unit, respect the once-in-12-months limit, serve a clear written 30-day notice by a provable method and file the required RAD form for a covered unit, avoid raising rent mid-term or right after protected tenant activity, and keep a copy of the notice and proof of delivery. Documenting a legitimate, non-retaliatory basis for the number turns a routine increase into one that holds up.
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