Under the D.C. Housing Code, you have the right to a rental unit and common areas in clean, safe, and sanitary conditions. 

Cleanliness

At a minimum, the following aspects of the buildings must be clean and free of ashes, debris, dirt, dust, filth, garbage, human or animal waste, litter, fire hazards, refuse, stagnant water, and other unsanitary matter:

• Floors, floor coverings, and other walking surfaces

• Walls, ceilings, doorways, and windows

• Plumbing fixtures

• Areaways, walkways, and yards

• Other areas on the premises

Temperatures

D.C. renters are entitled to reasonable indoor temperatures year-round. 

Specifically, any D.C. residential building’s heating system must be capable of maintaining a minimum temperature of 70° F between October 1 and May 1. And if you do not have control of your thermostat in-unit, then your apartment must be heated to at least 68° F during the day and at least 65° F at night.

As for cooling, air conditioning systems must be capable of maintaining an indoor temperature 15° F lower than the outside temperature. Landlords are responsible for the annual inspection of any such system by a licensed professional.

Lighting

D.C. landlords and owners must ensure that hallways, stairways, and other common space areas are adequately lit and kept in good condition at all times.

General Safety

At the risk of stating the obvious, doors and locks to the unit or building must function.

Fire Safety

D.C. landlords and property management must comply with fire safety regulations, which require them to maintain:

• All required fireproofing and all fire protective construction must be in good state of repair

• All required fire extinguishing equipment in operable condition

• All fire escapes and stairways in repair and free of obstructions

• All public and exit corridors free of obstructions

• All emergency and exit signs lighted and in operable condition

• All fire alarm systems in working order

• All smoke detectors up to code

• All areas under the landlord’s control free of fire hazards like flammable debris, oil spillage, and free of accumulated materials like grease, rags, waste paper, broken furniture, or combustible junk

Working Kitchen and Bathrooms 

D.C. landlords are expected to provide working facilities for cooking, storage, or refrigeration of food. In other words, your fridge and stove must be usable.

Toilets, sinks, showers, bathtubs, drains, and sewage systems must work. 

Rental units must have a continuous supply of running hot water that can reach 120° F to meet normal needs.

Accessibility

If a building is at least five stories high and has an elevator, then the elevator must be in working order. Any stoppage or malfunction must be promptly serviced. 

Infestations

D.C. tenants have the right to rental units and common areas free from rodents or vermin. 

The D.C Housing Code requires residential buildings to be “ratproofed” as to prevent the entry of rats and reduce or eliminate rat-breeding. 

If two or more units in a multifamily building are infested,  the landlord becomes responsible for handling the extermination. 

In single-family buildings, responsibility for exterminating vermin or rodents depends on whether the infestation is the result of the owner’s failure to maintain their residential building in rodent-proof or reasonably insect-proof condition.

Leaks

Rental units and common areas must be free of water or other fluid leaks from the walls, ceilings, and roofs.

Mold

You are entitled to a home free of indoor mold. However, the D.C. Air Quality Amendment Act of 2014 require you to take certain steps if you believe mold is present in your rental unit. 

In such circumstances, you must first notify your landlord or property owner in writing (written or electronic) about any mold concerns. Your landlord or property owner then has 7 days from the date they received the written notice to inspect the unit. Under the law, they must fix the condition within 30 days of being notified. 

Mold contamination greater than 10 square feet must be assessed by a mold professional licensed by the D.C. Department of Energy and Environment (DOEE). Smaller impacted areas can be addressed by a non-licensed individual, although they must still follow DOEE’s mold guidelines. 

You can find more information about how to report mold contamination to DOEE, and other resources, on the DOEE website.

No. 

By law, all lease agreements for residential housing incorporate an implied warranty that the property will be maintained in compliance with Title 14 of the D.C. Municipal Regulations. 

Landlords and owners are explicitly forbidden from trying to evade their obligations by including any of the following clauses in the lease agreement:

• Language waiving any obligation under the D.C. Housing Code

• Language generally limiting their liability 

• Language specifically limiting their liability from damages for injuries resulting from their negligence in maintaining the property

• Language waiving tenants’ right to a jury trial

• Language requiring tenants to pay their court costs or legal fees

D.C. law permits your lease agreement to be voided where there is evidence that the landlord knew, or reasonably should have known, that your unit or common space in the building failed to comply with the D.C. Housing Code. 

Whether the evidence is strong enough to assert this right will depend on the specific facts of your situation. It may be useful to ask yourself: 

• How obvious was the D.C. Housing Code violation?

• How long did the D.C. Housing Code violation persist?

• How well was the D.C. Housing Code documented? Were there any notices, communications, or other paperwork showing that the landlord or property management had received direct reports or complaints about the issue?

Your lease agreement can be voided based on the later occurrence of violations only if two particular conditions are met. 

First, the violations of the D.C. Housing Code must not result from your actions, whether intentionally or due to negligence. 

Second, the violations must have persisted for more than 30 days if a notice was issued to the landlord. Without a notice, the applicable timeline is “within a reasonable time” after the owner knew or reasonably should have known about the violations.

Yes. 

D.C. landlords and owners are not allowed to punish tenants for:

• Reporting information to the owner or to a government agency in good faith

• Organizing or joining of a tenant association in good faith

• Asserting their right to safe and sanitary housing, or to a lease free of illegal clauses

Examples of retaliatory actions include:

• Taking steps to evict you

• Taking steps to force you to leave against your will

• Raising your rent

• Decreasing the services or amenities to which you were previously entitled

• Increasing your obligations as a tenant

Yes.

It is never a bad idea to create and maintain a record of the incidents or conduct that you believe to be in violation of your rights. There are many different ways to preserve information that could support such allegations in the future. 

Some examples include:

• Photos and videos: Clear visual evidence could support an allegation that your building is not in compliance with the D.C. Housing Code. You do not need to be a professional photographer to document violations. In fact, smartphones and tablets are great tools for photographing or recording non-compliant housing conditions because they automatically capture the date on which the media was taken.

• Written communications: Preserving information in writing is a good idea because it could later support facts relevant to a court case. Documents are also a great way to refresh your memory — and perhaps the memory of your landlord or property management — after years after the issue first arose. 

  For example, written communications can help establish:

  • When the landlord or property management first became aware of the violations

  • What representations the landlord or property management made to the tenant

  • How often tenants flagged the issue or asked for the issue to be fixed

  Documentation can take many forms, such as letters, texts, emails, direct messages, social media posts, complaints sent to the landlord or owner or property management, complaints made to the Office of the Tenant Advocate or Attorney General, or posted on sites like Yelp, Google, Reddit, the Better Business Bureau. 

  If the landlord, owner, or property management tends to share important information on the phone or in person, consider always following up soon after the conversation, with a written summary of what was said or agreed upon. A good practice may be to make sure this communication asks the other person to let you know — in writing — if they have a different understanding of the conversation. 

• Medical records: If unlawful housing conditions have resulted in health issues for your household, think about maintaining a record of the medical issue and treatment received. It is also helpful to hold on to copies of the bills and receipts that resulted from the physical harm. 

  If you are ever concerned about losing physical copies of documents, consider taking a clear photo of the document on your phone, and saving it on your phone or emailing it to yourself with an email subject line phrased in a way that will help you find it quickly.

• Requests for Department of Buildings Inspections: The mission of the D.C. Department of Buildings is to ensure your building and your unit is healthy and safe. One way to create a record of housing violations is to place an inspection request with the Department of Buildings, using their online form. The results of these inspections become public record.

• Consistency: It may become important in a court case to show that a violation was not a one-time occurrence, and that it instead lasted for weeks, months, or years, including before you engaged an attorney. Accordingly, if a violation is ongoing, consider documenting it over time — for example, by taking photos or videos every few weeks, or by following up on previous complaints in writing after a reasonable time has passed without resolution.

• Courtesy: If you bring a case in court or before another adjudicator, there is a possibility that your previous written communications will be reviewed by a judge or jury in a public forum. For this reason, it may be wise to ensure all such communications are polite and courteous, if only to prevent the other side from using heated exchanges to discredit or attack your character.