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Washington, DC Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Residential Rental Business License, before renting
Issuing agency
Dept. of Consumer and Regulatory Affairs
Inspection required
Yes, for housing code compliance
Applies to
Any zone, in-house or detached-building units

Summary

Before an owner can rent out an accessory apartment anywhere in the District, 11 DCMR-U § 253.13 requires a Residential Rental Business License from the Department of Consumer and Regulatory Affairs plus a housing-code inspection of the property, on top of the zoning conditions that already govern the unit itself.

Prior to renting an accessory apartment in any zone, the property owner shall obtain a Residential Rental Business License from the Department of Consumer and Regulatory Affairs and the property shall be inspected for relevant housing code compliance.

Full Breakdown

13 closes the accessory apartment chapter with a rental-specific gate that applies regardless of which zone the property sits in or whether the unit is inside the principal dwelling or a detached accessory building. Before the owner can rent the accessory apartment to a tenant, the property owner must first obtain a Residential Rental Business License from the Department of Consumer and Regulatory Affairs, the District's licensing agency for rental housing. The license is not simply a paperwork filing: the rule also requires the property to be inspected for relevant housing code compliance before the rental can proceed, meaning a code inspector confirms the unit meets applicable housing standards before tenants can move in.

7; an owner who has cleared the zoning conditions for building the accessory apartment still cannot lawfully rent it out until the license and inspection are complete. Because the license comes from the same office that issues residential rental licenses for ordinary rental units elsewhere in the District, an accessory apartment owner effectively becomes a landlord subject to the District's broader rental licensing framework the moment the unit is rented rather than owner-used.

Violations & Fines

Renting an accessory apartment without first obtaining the Residential Rental Business License and passing the required housing-code inspection violates 11 DCMR-U § 253.13. As a zoning violation it is subject to the § 305.1 fine of up to $100 per day it continues, and the Department of Consumer and Regulatory Affairs' licensing enforcement can separately bar the rental from proceeding until the license and inspection are obtained.

Frequently Asked Questions

Do I need a special license to rent out my DC accessory apartment?
Yes. 11 DCMR-U § 253.13 requires a Residential Rental Business License from the Department of Consumer and Regulatory Affairs before you can rent the unit, in any zone. The property also has to pass a housing code inspection first, on top of meeting the zoning standards that let you build the apartment in the first place.
Is the rental license required in addition to the zoning permit for the accessory apartment?
Yes, they're separate requirements. Meeting the zoning conditions in § 253 (owner-occupancy, floor area, occupancy caps, access) only establishes that the accessory apartment itself is lawful. Section 253.13 adds a distinct rental-license and inspection requirement that must be satisfied before the owner can actually rent the unit to a tenant.
What does the housing code inspection check before I can rent?
Section 253.13 requires the property to be inspected for relevant housing code compliance before the accessory apartment can be rented, though the zoning text itself doesn't itemize inspection checkpoints; that inspection is carried out by the same Department of Consumer and Regulatory Affairs that issues the required Residential Rental Business License.

Sources & Official References

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