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§ 42-3502.08. Increases Above Base Rent

Increases above base rent.

* NOTE: This area includes modifications by momentary legislation that will expire on November 19, 2025. To see the text of this section after the expiration of all emergency and short-term legislation, click this link: Permanent Version. *

(a)( 1) Notwithstanding any provision of this chapter, the lease for any rental unit will not be increased above the base rent unless:

(A) The rental unit and the common elements are in significant compliance with the housing policies, if noncompliance is not the outcome of tenant disregard or misconduct. Evidence of significant noncompliance will be restricted to housing regulations infraction notifications released by the District of Columbia Department of Buildings and other deals of evidence the Rental Housing Commission will consider appropriate through its rulemaking procedures;

(B) The housing accommodation is signed up in accordance with § 42-3502.05;

(C) The housing service provider of the housing accommodation is effectively accredited under a statute or guidelines if the statute or guidelines need licensing;

(D) The manager of the accommodation, when besides the housing provider, is correctly signed up under the housing guidelines if the regulations require registration;

(E) Notice of the increase complies with § 42-3509.04;

(F) The housing supplier has supplied a renter with written notice of the optimal basic rent increase that uses to a senior tenant or a tenant with an impairment and the methods by which an occupant may develop elderly or impairment status as stated in § 42-3502.24(d), as provided by the Rent Administrator pursuant to § 42-3502.24(f), and has actually not needed a renter to provide more evidence of age or impairment than the minimum details needed to establish that status; and

(G) The housing provider, if a nonresident of the District, has selected and maintained a registered representative pursuant to area 203 of Title 14 of the District of Columbia Municipal Regulations.

( 2) Where the Rent Administrator discovers there have actually been excessive and prolonged offenses of the housing regulations affecting the health, safety, and security of the occupants or the habitability of the housing lodging in which the tenants reside which the housing company has actually stopped working to remedy the offenses, the Rent Administrator might roll back the rents for the impacted rental systems to a quantity which will not be less than the September 1, 1983, base rent for the rentals up until the violations have been eased off.

(b) A housing lodging and each of the rentals in the housing accommodation shall be considered to be in substantial compliance with the housing regulations if:

( 1) For purposes of the modifications made in the rent charged in § § 42-3502.06 and 42-3502.07 [repealed], all significant violations mentioned at the time of the last assessment of the housing lodging by the Department of Buildings before the effective date of the boost were abated within a 45-day duration following the of the citations or that time granted by the Department of Buildings, and the Department of Buildings has licensed the abatement, or the housing service provider or the occupant has accredited the reduction and has provided proof to validate the certification. No accreditation of reduction shall develop compliance with the housing guidelines unless the tenants have been offered a 10-day notification and an opportunity to contest the certification; and

( 2) For purposes of the filing of petitions for modifications in the rent charged as recommended in § 42-3502.16, the housing lodging and each of the rentals in the housing lodging will have been checked at the request of each housing supplier by the Department of Buildings within the one month instantly preceding the filing of a petition for modification.

(c) A renter of a housing accommodation who, after invoice of not less than 5 days composed notification that the housing supplier desires an inspection of the occupant’s rental for the function of identifying whether the housing lodging is in substantial compliance with the housing regulations, declines without excellent cause to admit an employee of the Department of Buildings for the purpose of checking the renter’s rental system, or who refuses without good cause to admit the housing provider or the housing company’s worker or contractor for the purpose of easing off any infraction of the housing regulations pointed out by the Department of Buildings, will be thought about to have waived the right to challenge the credibility of the proposed adjustment for factors that the rental occupied by the renter is not in significant compliance with the housing guidelines.

(d) Nothing in this area will be interpreted to restrict or abrogate a tenant’s right to start any lawful action to correct any offense in the renter’s rental system or in the housing lodging in which that rental is located.

(e) Notwithstanding any other provision of this chapter, no lease will be adjusted under this chapter for any rental unit with respect to which there is a valid composed lease or rental arrangement establishing the rent for the rental system for the term of the composed lease or rental arrangement.

(f)( 1) Any notice of an adjustment under § 42-3502.06 will include a statement of the existing lease charged, the increased lease charged, and the utilities covered by the lease charged that validate the change or other justification for the rent charged boost.

( 2) The notice shall also consist of a summary of renter rights under this chapter and a list of sources of technical support as published in the District of Columbia Register by the Mayor.

(g) The quantity of rent charged for any rental system subject to this subchapter shall not be increased until a complete 12 months have actually elapsed given that any prior boost; offered, that:

( 1) A boost in the quantity of lease charged shall not surpass the amount of any single modification pursuant to any one area of this subchapter;

( 2) If the rental becomes vacant within 12 months of a boost in the quantity of lease charged, other than a job boost pursuant to § 42-3502.13, the housing provider may increase the amount of lease charged pursuant to § 42-3502.13; and

( 3) If the quantity of lease charged is increased pursuant to paragraph (2) of this subsection, the quantity of lease charged will not be increased till a full 12 months have elapsed after the increase in the quantity of lease charged, even if another vacancy takes place.

(h) Unless the adjustment in the quantity of rent charged is executed pursuant to § 42-3502.10, § 42-3502.11, § 42-3502.12, or § 42-3502.14, an adjustment in the amount of rent charged:

( 1) If the unit is vacant, shall not exceed the quantity allowed under § 42-3502.13(a); or

( 2) If the unit is occupied:

(A)(i) Shall not go beyond the current allowable quantity of rent charged for the unit, plus the change of basic applicability plus 2%, taken as a percentage of the present allowed quantity of lease charged; offered, that the total adjustment will not exceed 10%;

(ii) Notwithstanding the arrangements of sub-subparagraph (i) of this subparagraph, changes that take impact from July 1, 2023, through April 30, 2025, shall not surpass the present allowable quantity of lease charged for the unit, plus the adjustment of general applicability plus 2%, taken as a portion of the present permitted amount of lease charged; provided, that the overall adjustment will not go beyond 6%;

(B) Shall be pursuant to § 42-3502.24, if inhabited by an elderly occupant or tenant with a special needs; and

(C)(i) Shall not surpass the lower of 5% or the change of general applicability if the unit is rented or co-leased by a home and community-based services waiver supplier.

(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, adjustments that take effect from July 1, 2023, through April 30, 2025, shall not exceed the present permitted amount of rent charged for the unit plus the lesser of 4% or the change of basic applicability if the system is leased or co-leased by a home and community-based services waiver service provider.

(i)( 1) Notwithstanding § 42-3509.04(b), any notifications of rent increases provided pursuant to subsection (h)( 2) of this section for which the rent boost shall work on or after July 1, 2023, might be re-noticed with less than 1 month’ notice if the lease increase is lower than the rent increase in the initial notice.

( 2) Any payment of rent in excess of the legal allowed rent charged that was made in accordance with notifications of rent increases issued prior to June 29, 2023 will be repaid to the payer within one month after overpayment or by August 1, 2023, whichever is later on.

(j) Notwithstanding subsection (h)( 2) of this area, the total quantity of changes from May 1, 2023, through April 30, 2025, shall not surpass the legal lease charged on April 30, 2023, for the unit plus:

( 1) 8%, if the system is occupied by a senior occupant or occupant with a disability, or if the unit is rented or co-leased by a home and community-based services waiver supplier; or

( 2) 12%, if the system is inhabited by any other occupant.

(July 17, 1985, D.C. Law 6-10, § 208, 32 DCR 3089; Mar. 16, 1993, D.C. Law 9-191, § 2, 39 DCR 9005; Aug. 5, 2006, D.C. Law 16-145, § 2(a), (e), 53 DCR 4889; Oct. 8, 2016, D.C. Law 21-160, § 5032(c), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-239, § 3(d), 64 DCR 1588; Mar. 13, 2019, D.C. Law 22-248, § 2(c), 66 DCR 973; Apr. 5, 2021, D.C. Law 23-269, § 501(y)( 3 ), 68 DCR 001490; Apr. 8, 2025, D.C. Law 26-1, § 2(a), 72 DCR 1640.)

Prior Codifications

1981 Ed., § 45-2518.

Section References

This section is referenced in § 42-3502.05, § 42-3502.06, and § 42-3502.09.

Effect of Amendments

D.C. Law 16-145 replaced “rent charged” for “lease ceiling”; and rewrote subsecs. (g) and (h).

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Emergency Legislation

For short-term (90 days) change of this area, see § 2(a)( 2) of Rent Stabilized Housing Inflation Protection Continuation Emergency Amendment Act of 2025 (D.C. Act 26-3, Feb. 3, 2025, 72 DCR 1133).

For momentary (90 days) modification of this section, see § 2(a)( 2) of Rent Stabilized Housing Inflation Protection Continuation Emergency Amendment Act of 2024 (D.C. Act 25-435, Apr. 1, 2024, 71 DCR 4113).

For short-lived (90 days) modification of this section, see § 2(a) of Rent Stabilized Housing Inflation Protection Emergency Amendment Act of 2023 (D.C. Act 25-151, June 29, 2023, 70 DCR 9407).

For momentary (90 days) modification of this section, see § 405( 2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 405(a)( 2) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For short-lived (90 days) amendment of this section, see § 405(b)( 2) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For short-term (90 days) amendment of this section, see § 405(b)( 2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) modification of this section, see § 405(b)( 2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For momentary (90 days) modification of this area, see § 2(b) of Elderly Tenant and Tenant with a Disability Protection Emergency Amendment Act of 2017 (D.C. Act 22-4, Feb. 9, 2017, 64 DCR 1680).

For momentary (90 day) amendment of area, see § 2(a), (e) of Rent Control Reform Emergency Amendment Act of 2006 (D.C. Act 16-470, July 31, 2006, 53 DCR 6772).

Temporary Legislation

For temporary (225 days) modification of this area, see § 2(a) of Rent Stabilized Housing Inflation Protection Continuation Temporary Amendment Act of 2025 (D.C. Law 26-1, Apr. 8, 2025, 72 DCR 1640).

For short-term (225 days) amendment of this area, see § 2(a)( 2) of Rent Stabilized Housing Inflation Protection Continuation Temporary Amendment Act of 2024 (D.C. Law 25-169, June 1, 2024, 71 DCR 4646).

For short-lived (225 days) modification of this section, see § 2(a) of Rent Stabilized Housing Inflation Protection Temporary Amendment Act of 2023 (D.C. Law 25-42, Aug. 23, 2023, 70 DCR 9682).

For temporary (225 days) modification of this area, see § 405( 2) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For short-term (225 days) modification of this area, see § 405(b)( 2) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

Editor’s Notes

Section 3 of D.C. Law 22-248 supplied that within 180 days after the effective date of D.C. Law 22-248, the Rental Housing Commission, pursuant to Title I of the District of Columbia Administrative Procedure Act, authorized October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501et seq.), shall issue guidelines to implement the arrangements of D.C. Law 22-248, including modifications essential to upgrade relevant housing company reporting kinds according to the requirements of D.C. Law 22-248.