Under the Fiscal Year 2027 Budget Support Emergency Act of 2026, key provisions of the Pets in Housing Amendment Act take to become effective on October 1, 2026, limiting the pet fees and pet deposits landlords may charge and prohibiting many breed-, size- and weight-based restrictions.
Current Status of the Law
Introduced by Councilmember Robert C. White, Jr., on May 22, 2024, the Pets in Housing Amendment Act of 2024, D.C. Law 25-308 (the “2024 Pet Law”), amends the Rental Housing Act of 1985 and the Homeless Services Reform Act of 2005, and (i) limits the amount of fees and deposits a landlord may charge applicants and tenants, (ii) prohibits certain restrictions on acceptable common household pets in residential rental accommodations, and (iii) requires the District maintain a pet-friendly homeless shelter.
Originally enacted without the Mayor’s signature on January 24, 2025, and effective March 21, 2025, the 2024 Pet Law was subject to appropriations and inclusion in an approved budget before it is enforceable. The 2024 Pet Law was not included in the Fiscal Year 2026 Budget Support Act of 2025 and, therefore, was not enforceable as planned.
Addressing the Fiscal Impact
Through the Fiscal Year 2027 Budget Support Act of 2026 (the “2027 Budget Act”), the City Council clarified the “subject to appropriations” language in the 2024 Pet Law only applies to the requirement that the District of Columbia ensure that “at least one low barrier shelter” has capacity “for residents who are homeless and accompanied by a common household pet.” In other words, the provisions applicable to landlords will take effect October 1, 2026. By a 13-0 vote, on July 7, 2026, the City Council passed the 2027 Budget Act, and it awaits transmittal to the Mayor for approval, followed by the mandatory Congressional review period. A link to the 2027 Budget Act can be found here (see Lines 6831-6833 at p. 384 for references to the changes to the 2024 Pet Law).
Given the effective date of the 2027 Budget Act is in late November, the City Council introduced and enacted emergency legislation — the Fiscal Year 2027 Budget Support Emergency Act of 2026, D.C. Act 26-416 (the “2027 Emergency Budget Act”) – to bridge the gap. Section 7529 of the 2027 Emergency Budget Act amends the 2024 Pet Law to clarify that only Section 3 (pet-friendly homeless shelters) remains subject to appropriation, but the landlord obligations are effective immediately.
The 2024 Pet Law’s Provisions
- Common Household Pet
The 2024 Pet Law defines a “common household pet” as “a domesticated animal traditionally kept in the home for pleasure rather than for commercial purposes.” To be codified at D.C. Code §42-3501.03(6A). This includes: (i) domestic dogs excluding hybrids with wolves, coyotes or jackals; (ii) domestic cats excluding hybrids with ocelots or margays; (iii) domestic rodents and rabbits; (iv) captive-bred species of common cage birds; (v) non-venomous snakes, fish, and turtles; and (vi) ferrets.
- Security Deposits for Common Household Pets
Landlords may charge a pet security deposit up to an amount that may not exceed 15% of the monthly rent charged and that the pet security deposit is in addition to the existing authorized security deposit for general purposes (capped at one month’s rent). To be codified at D.C. Code §42-3505.10(b-3)(1)(A). The use of the pet security deposit is limited to recovering costs “directly caused by a common household pet” and which are “not due to ordinary wear and tear. To be codified at D.C. Code §42-3505.10(b-3)(1)(B). While the pet security deposit is limited to 15% of the first month’s rent, the tenant remains responsible for any pet-related damage beyond normal wear and tear which exceeds the pet security deposit. To be codified at D.C. Code §42-3505.10(b-3)(1)(C).
- Monthly Pet Fees or Pet Rent for Common Household Pets
Like the limitation on pet security deposits, the 2024 Pet Law similarly restricts the monthly pet fees or “pet rent” a landlord may charge. For each common household pet that is a dog, the pet rent may not exceed 1% of the first full month’s rent charged. To be codified at D.C. Code §42-3505.10(b-3)(2)(A). For common household pets that are not dogs, the pet rent may not cumulatively exceed 1% of the first full month’s rent charged. To be codified at D.C. Code §42-3505.10(b-3)(2)(B).
- Additional Provisions
The law reiterates the long-standing prohibition under the federal Fair Housing Act (42 U.S.C. §3604(f)(3)(B)) on charging either a security deposit or pet rent or fees for service animals or emotional support animals. To be codified at D.C. Code §42-3505.10(b-3)(1)(D) and (2)(C).
While landlords may implement “reasonable pet policies” related to safety and maintenance, including limitation on the number of common household pets permitted in a rental unit, a landlord shall not: (i) “for any residential leases beginning after October 1, 2025, charge an additional security deposit, fee, or additional rent associated with the residence of common household pets except as provided in [D.C. Code §42-3505.10(b-3)]; and (ii) “for any residential leases beginning after October 1, 2026, landlords may not impose restrictions on tenancies or “charge differential fees or rent charged associated with the residence of a common household pet based on the pet’s breed, size or weight.” To be codified at D.C. Code §42-3505.10(b-4)(2).
Key Takeaways
- Pet security deposits are capped at 15% of the first month’s rent.
- Monthly pet rent for dogs are capped at 1% of the first month’s rent per dog.
- Monthly pet rent for all non-dog pets combined is also capped at 1% of the first month’s rent.
- Landlords may not charge additional fees for service animals or emotional support animals.
- Beginning October 1, 2026, landlords generally may not charge different fees based on the common household pet’s breed, size, or weight.
- Landlords may still establish reasonable pet policies relating to safety, maintenance, and the number of pets.
Should you have any questions about this matter, please contact Joshua M. Greenberg (jmg@gdllaw.com).
