Washington, DC Rental Property Rules: Tenant Anti-Harassment (2026)
Key Facts
- Governing section
- D.C. Code § 42-3505.02
- Presumption window
- 6 months after protected act
- Burden on landlord
- Clear and convincing evidence
- Protected acts
- Repair requests, code complaints, rent withholding
- Forum
- Landlord and Tenant Branch, D.C. Superior Court
Summary
D.C. Code § 42-3505.02 bars landlords from taking retaliatory action against a tenant who exercises any legal right, and explicitly lists harassment among the prohibited retaliatory acts alongside unlawful rent hikes and service cuts.
No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit, action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass, reduce the quality or quantity of service, any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause, or any other form of threat or coercion.
Full Breakdown
C. 02(a), no housing provider may take retaliatory action against a tenant who exercises any right conferred by the rental housing chapter, by a rule or order issued under it, or by any other law. The statute defines retaliatory action broadly to include any improper eviction filing, an unlawful rent increase, a decrease in services, an increase in a tenant's obligations, undue or unavoidable inconvenience, invasion of the tenant's privacy, harassment, a reduction in the quality or quantity of service, refusal to honor any lease provision, refusal to renew a lease, termination of tenancy without cause, or any other form of threat or coercion.
Subsection (b) creates a rebuttable presumption favoring the tenant: if the landlord acts against the tenant within the 6 months after the tenant engages in a protected activity, the trier of fact must presume the action was retaliatory and enter judgment for the tenant unless the housing provider rebuts the presumption with clear and convincing evidence. Protected activities triggering the presumption include a witnessed repair request, contacting District officials about housing code violations, legally withholding rent after notice, participating in a tenant organization, seeking to enforce lease rights, or filing legal action against the housing provider. C. 05.
Violations & Fines
A tenant who proves a retaliatory eviction filing, rent hike, service cutback, or harassment can defeat the landlord's case in Landlord and Tenant Branch of D.C. Superior Court once the 6-month presumption applies, and the burden shifts to the housing provider to produce clear and convincing evidence of a non-retaliatory reason. Courts can deny possession, block the rent increase, or order restored services as part of resolving the underlying case.
Frequently Asked Questions
What counts as landlord retaliation in D.C.?
How does a tenant prove retaliation happened?
What protected activities trigger the retaliation presumption?
Sources & Official References
Other rules in Washington
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