D.C. Rules for Rent Increases After Accessibility Upgrades

If you’re a renter in the District of Columbia and your landlord has recently completed accessibility upgrades—like wheelchair ramps, bathroom modifications, or elevator improvements—you may wonder if and how your rent can be increased. Understanding your rights is essential, especially since D.C. has strong tenant protections and special rules regarding rent increases after improvements for accessibility needs.

How Accessibility Upgrades Affect Rent in D.C.

In D.C., most rental units are covered by the city’s rent control law: the Rental Housing Act of 1985. This legislation sets strict rules for when and how rents can be increased, including after landlords make improvements to the property. When a landlord makes changes specifically for accessibility—for instance, at the request of a tenant with a disability—they may apply for a rent increase. However, the process is highly regulated, with renters given significant rights and opportunities to respond.

What Counts as an Accessibility Upgrade?

• Installing grab bars in bathrooms
• Widening doorways for wheelchair access
• Adding ramps or lifts
• Modifying kitchen counters for wheelchair use
• Other reasonable modifications required under the federal Fair Housing Act

Upgrades made voluntarily by the tenant (with the landlord’s permission) are usually not grounds for a rent increase. However, if the landlord pays for and completes upgrades to improve the unit’s accessibility, they may seek a rent increase through the official D.C. process.

How Rent Increases After Upgrades Work

In D.C., landlords can seek a "capital improvement surcharge"—a form of rent increase—for significant repairs or upgrades, including those related to accessibility. But this is only allowed with approval from the city’s housing authority and with notice to tenants.

Key Protections for Renters

• Landlords must apply to the Rental Housing Commission or through the Rental Accommodations Division.
• Tenants must receive a written notice, with a full explanation of the proposed increase and their rights to challenge it.
• Any rent increase for a capital improvement—including accessibility upgrades—must be approved through an official, public process.
• There are limits: The surcharge is temporary, and cannot be excessive. The increase must follow strict formulas under D.C. law.

If you receive notice of a rent increase for accessibility improvements, it’s your right to ask for full details and challenge the increase if you believe it’s unfair or excessive.

Required D.C. Forms and How They’re Used

• Form: RAD Form 05 (Petition for Rent Surcharge for Capital Improvements)
  RAD Form 05 is submitted by a landlord to apply for a rent increase due to capital improvements—including accessibility upgrades. Example: If a landlord installs an elevator for accessible access, they would use this form to request a rent surcharge from the Rent Administrator.
• Form: RAD Form 15 (Tenant Response to Petition)
  RAD Form 15 allows tenants to officially respond if they oppose the rent surcharge request. Example: If a tenant disagrees with the amount or necessity of the upgrade, they can submit this form before the deadline listed on the notice.

It’s important to read any notice closely and respond within the timeline stated. Missed deadlines can limit your ability to contest a rent increase.

Official Body Handling Disputes

• Rental Housing Commission: Handles petitions, surcharges, and disputes regarding rent increases and accessibility upgrades in D.C. rental housing.

Action Steps for Renters Receiving a Proposed Accessibility-Related Rent Increase

• Review the notice and any referenced forms closely
• Access the official forms (see links above) to respond formally
• Submit RAD Form 15 by the listed deadline if you wish to contest the increase
• Prepare any documentation or statements supporting your position (for example, if you believe the improvement was not needed, already paid for, or wasn’t completed as described)
• Contact the Rental Housing Commission for guidance or to attend the hearing

Understanding and asserting your rights early is the best way to protect your housing and your finances. For extra guidance, consult local tenant organizations or legal aid.

FAQs: D.C. Rent Increases After Accessibility Upgrades

1. Can my landlord raise the rent right after installing accessibility features?
   No, the landlord cannot raise your rent automatically. They must apply for approval through the Rental Housing Commission using the official D.C. process.
2. How much can the rent increase after accessibility upgrades?
   Any rent increase for accessibility or capital improvements is limited by D.C. law and must follow strict formulas. The increase must be approved and is usually temporary.
3. Do I have to pay for accessibility improvements if I did not request them?
   If upgrades are needed generally or as part of building improvements, landlords can seek a rent surcharge, but only through the outlined process and notice. If you request specific modifications, these are generally at your expense, unless otherwise agreed.
4. How do I contest a rent increase notice for accessibility work?
   Use RAD Form 15 to file a written objection. Submit it before the listed deadline to ensure your views are heard.
5. Who do I contact with questions about rent increases in D.C.?
   The Rental Housing Commission provides official guidance and handles all hearings and disputes.

Key Takeaways for D.C. Renters

• Landlords cannot raise the rent for accessibility upgrades without official approval and written notice.
• Tenants have the right to contest proposed surcharges using RAD Form 15 and may attend hearings.
• Stay proactive by responding to notices and seeking guidance from the Rental Housing Commission or tenant organizations.

By staying informed, renters can protect their homes and their rights, especially when accessibility needs are involved.

Need Help? Resources for Renters

• D.C. Rental Housing Commission – File petitions, access forms, and get guidance
• Rental Accommodations Division – Access all official landlord and tenant documents
• Office of the Tenant Advocate – Free counseling, legal advice, and renters' resources

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1. Rental Housing Act of 1985 (D.C. Code § 42-3501 et seq.)
2. D.C. Rental Housing Commission (Official Tribunal)
3. RAD Form 05 (Petition for Rent Surcharge for Capital Improvements)
4. RAD Form 15 (Tenant Response to Petition)
5. Office of the Tenant Advocate

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