Washington, D.C. tenant screening laws

You may charge a prospective tenant an application fee of no more than $50, which may be adjusted each year from January 1, 2024 by the change in the Consumer Price Index. No other fee may be charged before the lease is signed (D.C. Code § 42-3505.10(b)).

• Before asking for any information or fee, tell the applicant in writing, or by an accessible posting, each fee and deposit and whether it is refundable, what information you will check, the criteria for automatic denial and other denial, the credit agency used and the applicant's right to a free copy of the report if denied, the approximate number of units you expect to have for rent over a period by bedroom size and rent (or how many became available each month in your prior fiscal year), how many days you will take to decide, and the applicant's rights to dispute, to a refund of an unused fee and to complain (D.C. Code § 42-3505.10(a)).
• If the same applicant applies for another of your District units within 30 calendar days, charge only one fee unless more than one screening is required (D.C. Code § 42-3505.10(b-1)).
• If you do not screen the applicant for any reason, refund the application fee within 14 days (D.C. Code § 42-3505.10(c)).
• Do not require a holding deposit from an applicant using a government-funded housing voucher (D.C. Code § 42-3505.10(b)(5)).
• Do not ask about or deny for an eviction case that did not end in a judgment for the landlord or was filed 3 or more years ago, and do not deny solely on a credit score (D.C. Code § 42-3505.10(d), (e)).
• Never ask about or consider an arrest that did not end in a conviction. Do not ask about a pending criminal accusation or conviction until you make a conditional offer, and never about a household member under 18. Before taking an application fee, give the applicant your written eligibility criteria and a statement that they may show inaccuracies in their record, rehabilitation or other mitigating factors (D.C. Code § 42-3541.02(a), (b), (c), (g)).
• After a conditional offer, you may consider only a pending accusation or a conviction within the past 7 years for one of the listed crimes, and withdraw the offer only if, weighing the listed factors, it serves a substantial, legitimate, nondiscriminatory interest. Give the reasons in writing with notice of the right to complain to the Office of Human Rights, and on a request within 20 days give a free copy of what you relied on within 10 days (D.C. Code § 42-3541.02(d), (e), (f)).
• These criminal record rules do not apply to an owner who lives in a building with 3 or fewer rental units, or where federal or District law requires or allows considering criminal history (D.C. Code § 42-3541.03).
• If you deny an applicant, give written notice by your stated response date with the specific grounds, a free copy or summary of third party information used, and the applicant's dispute and complaint rights; answer any dispute in writing within 10 days (D.C. Code § 42-3505.10(f), (g)).
• If you let a tenant find a replacement, assign or sublet, a replacement fee may not exceed the application fee limit (D.C. Code § 42-3505.10(b)(4)).
• Do not charge any fee, at any time, for services you must provide to keep the unit habitable and up to the housing code (D.C. Code § 42-3505.10(b-2); D.C. Law 26-156).
• The screening restriction also covers certain alleged lease breaches, even without an eviction case. Do not ask about, require disclosure of, or base an adverse action on an allegation tied to a qualifying violence-related defense, the applicant being a crime victim in the unit, the applicant's or a household member's disability, or conduct three or more years old. Apply the statutory conditions to the allegation rather than treating every landlord reference as usable (D.C. Code 42-3505.10(d)(2)).
• An adverse action includes approving an application on different, less favorable terms than those advertised or communicated in writing, as well as denying it. The written-notice requirements therefore apply to that kind of conditional approval too. Receiving prohibited information incidentally in a report does not itself violate the screening section if you did not request it and can demonstrate that you did not rely on it for adverse action (D.C. Code 42-3505.10(e)(2), (f), (j)).
• Keep District denial and dispute notices alongside any required federal consumer-report notice. If a consumer report contributes to a rejection or less favorable terms, identify the reporting company by name, address and phone number; explain that it did not make the decision and cannot explain your reasons; and state the applicant’s rights to dispute inaccurate or incomplete information and request a free report from that company within sixty days of the notice. A federal notice does not replace the District’s written reasons, response deadlines or limits on records you may use. Save the criteria, decision reasons, notices and delivery records together (FTC: landlord consumer-report guidance; D.C. application screening and notices).

The D.C. Human Rights Act makes it unlawful to refuse, end or set different terms for a real estate transaction, wholly or partly because of 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, a sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, or homeless status (D.C. Code § 2-1402.21(a)).

• Source of income is protected, so you may not turn away an applicant because rent would be paid with a housing voucher; you also may not require a holding deposit from a voucher holder (D.C. Code § 2-1402.21(a); D.C. Code § 42-3505.10(b)(5)).