District of Columbia Implied Warranty of Habitability

14 DCMR § 301.1 provides that 'there shall be deemed to be included in the terms of any lease or rental agreement covering a habitation an implied warranty that the owner will maintain the premises in compliance with this subtitle.' The doctrine traces to Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), which tied the tenant's rent obligation to the landlord's compliance with the Housing Regulations. The warranty cannot be waived. Remedies include requesting Department of Buildings inspections, suing for repairs or a rent abatement, and, in nonpayment cases under D.C. Code § 16-1502a, paying rent into the court registry, where the court may later reduce the amount for current housing-code violations.

Housing Code violations can draw DCRA/Department of Buildings citations and fines, and tenants may recover rent abatements or damages; severe or unaddressed conditions can support rent withholding or escrow into the court registry until repairs are made.