DC Laws on Landlords Asking About Criminal History

If you are searching for a rental home in the District of Columbia, you may be concerned about whether a landlord can ask about your criminal history. This can be a sensitive topic, but DC has strong protections in place for renters when it comes to background checks and fair access to housing.

Understanding Fair Criminal Record Screening for Housing in DC

In the District of Columbia, the Fair Criminal Record Screening for Housing Act protects most renters from discrimination based on criminal history. This law means there are important restrictions on when and how landlords can ask about arrests or convictions.

What Landlords Can (and Cannot) Ask

• Landlords generally cannot ask about criminal history until after a conditional rental offer has been made.
• Questions about certain criminal matters—such as arrests that did not lead to a conviction, or most misdemeanors older than 7 years—are prohibited entirely.
• Even after a conditional offer, landlords may only consider certain types of convictions, and must conduct an individualized assessment.
• Any criminal record check must follow the guidance and timelines in the law.

For a comprehensive breakdown, see the official Fair Criminal Record Screening for Housing Act and the DC Office of Human Rights Fact Sheet on your rights.

How the Fair Criminal Record Screening for Housing Act Works

This law gives DC renters key protections:

• Landlords must first extend a conditional offer before asking about criminal history.
• Some records, like non-conviction arrests, sealed or expunged records, cannot be considered at all.
• If a landlord decides to withdraw the offer based on your background, they must provide a written explanation and a copy of the screening report.

You can appeal or dispute the decision if you believe your rights were violated.

How and When to Use Official DC Tenant Forms

If you feel a landlord improperly asked about your criminal history or discriminated against you, you can file a complaint with the DC Office of Human Rights. Here’s the main form you’ll need:

• Office of Human Rights – Housing Intake Questionnaire
  When to use: If a landlord violated your rights under the Fair Criminal Record Screening for Housing Act, fill out this form to start an official complaint with the DC Office of Human Rights.
  How to use: Complete the form with details about the incident and submit it as instructed on the document. For example, if a landlord asked about your criminal record before making a rental offer, you would describe the situation and attach relevant documents.
  Download the OHR Housing Intake Questionnaire (PDF)

The DC Office of Human Rights will investigate and may contact both you and your landlord for further information.

Who Oversees DC Tenant Rights?

In DC, the Department of Housing and Community Development (DHCD) offers resources, but formal fair housing and anti-discrimination complaints are handled by the DC Office of Human Rights (OHR).

Related Tenancy Legislation

• District of Columbia Official Code, Title 42 – Real Property
• Fair Criminal Record Screening for Housing Act (DC Code § 42-3541.01 et seq.)
• U.S. Department of Housing and Urban Development (HUD): File a Fair Housing Complaint

FAQs: Renters’ Rights Around Criminal History in DC

1. Can a DC landlord ask about arrests or convictions before offering me a rental?
   No, DC law prohibits landlords from asking about your criminal history until after they have made a conditional rental offer.
2. What if a landlord rejects me after seeing my criminal record?
   They must provide a written statement explaining why, along with a copy of the background check. You have the right to dispute the decision.
3. Does the law protect everyone, or are there exceptions?
   Some exceptions apply. For example, rentals in owner-occupied buildings of four units or less may not be covered. Check the DC OHR Fact Sheet for details.
4. Which agency do I contact for help or to file a complaint?
   Contact the DC Office of Human Rights (OHR) to discuss your concerns or file a formal complaint.
5. Where can I read the official rules or get more information?
   Official rules are in the DC Code, Title 42 and on the OHR website.

Key Takeaways

• DC law restricts when and how landlords can ask about criminal history.
• If your rights are violated, you can file a complaint with the DC Office of Human Rights.
• Exceptions and special rules may apply, so review your situation or seek advice if unsure.

Understanding these rules helps you assert your rights and ensures everyone has fair access to housing in DC.

Need Help? Resources for Renters

• DC Office of Human Rights (OHR) – File complaints, ask questions about fair housing or discrimination protections.
• District of Columbia Department of Housing and Community Development (DHCD) Tenant Advocacy – Get help understanding tenant rights and housing laws.
• DC Office of the Attorney General – Housing Division – Legal assistance for tenant protection.
• HUD: Filing a Fair Housing Complaint – Federal investigation help if you face discrimination.

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1. Fair Criminal Record Screening for Housing Act (DC Code § 42-3541.01 et seq.)
2. DC Office of Human Rights: Fact Sheet, Fair Criminal Record Screening for Housing Act
3. DC Office of Human Rights (OHR)
4. DC Code, Title 42: Real Property

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