In the September 25, 2026, issue of the District of Columbia Register, the Office of the Tenant Advocate published a new version of Tenant Bill of Rights (the “New TBR”). Effective December 24, 2026 (a date 90 days from the publication), landlords must provide a copy of the New TBR to prospective tenants upon submission of a lease application, as well as providing a copy to any existing tenant upon request once per year.
In short, the New TBR provides a more comprehensive disclosure of information requirement for landlords, explains the procedures governing security deposits, explains the tenant’s right to request an inspection by the Department of Buildings (who may subsequently issue a Notice of Violation), sets forth a more detailed explanation of the tenant’s right to purchase, and explains the process for sealing court records pertaining to evictions. A copy of the New TBR may be found here.
New Disclosures to Prospective Residents in Rent-Controlled Units
The New TBR explains a landlord’s requirement to disclose the following for rent-controlled units: (1) any surcharges the tenant is required to pay in addition to monthly rent, as well as the surcharge expiration date; (2) any pending tenant petitions that might affect the rent; and (3) a pamphlet published by the Rent Administrator explaining restrictions on rent increase for rent-controlled units.
The disclosure paragraph further explains the landlord’s obligation to provide to new tenants at the inception of their tenancy copies of certain District housing regulations, including those related to landlord-tenant relations (D.C. Official Code §§ 42-3502.22 and 3502.13(d)).
Security Deposits
The New TBR details the timeline and procedure for a landlord’s disposition of a security deposit, as the recently enacted Fair Housing Practices Amendment Act of 2026 (the “Amendment Act”) alters the long-standing process.
Pursuant to the Amendment Act, within 45 days of the end of a tenancy (whether voluntary or involuntary), the landlord must provide notice to the tenant via personal delivery, email, or certified mail to the tenant forwarding address, that itemizes the unpaid amounts allegedly owed to the landlord including, without limitation: (1) rent arrears; (2) damage to the rental unit beyond normal wear and tear; and (3) any charges incurred by the landlord to remove furnishings and other personal property left behind by the departing tenant.
This notice is to include photographs and other documents supporting the amount claimed, along with a statement that informs the tenant of its right to dispute the landlord’s claim in writing to the landlord within 30 days.
Quiet Enjoyment
Additionally, the New TBR adds details related to the implied warranty of habitability read into every residential lease in the District and defines what constitutes a breach of the covenant of quiet enjoyment and constructive eviction. The New TBR discussed a tenant’s right to request an inspection from the Department of Buildings and the tenant’s right to receive a copy of any notice of infraction issued after such a DOB inspection.
Tenant Right to Purchase
The New TBR expands on the discussion of a tenant’s right to purchase and now delineates the differences in rights under the Tenant Opportunity to Purchase Act (“TOPA”) based on building size (e.g., single family dwellings, 2 to 4 unit buildings, and 5+ unit buildings), as well as listing the numerous exemptions to a tenant’s right to purchase.
Eviction Record Sealing
The New TBR includes a discussion about the requirement that the D.C. Superior Court must seal Landlord-Tenant cases: (a) 30 days after a final decision in favor of a tenant (e.g., no judgment for possession entered); or (b) 3 years after a final decision in favor of a landlord (e.g., entry of a judgment for possession).
Takeaways for D.C. Landlord
- Effective December 24, 2026, landlords in the District must provide the New TBR to prospective tenants at application and to existing tenants upon request once per year;
- The New TBR explains to tenants the landlord’s disclosure requirements, especially for those units subject to rent control;
- The New TBR outlines the tenant’s right to request a DOB inspection and right to receive any subsequently issued NOI;
- The New TBR provides more detail as to the TOPA process, including the exemptions to a tenant’s purchase rights;
- The New TBR explains the process for sealing Landlord-Tenant cases.
Should you have any questions about this matter, please contact Joshua M. Greenberg, Esq. (jmg@gdllaw.com) or Spencer B. Ritchie, Esq. (sbr@gdllaw.com).
