Moving From Rent Control to Market Rent in DC: What Renters Need to Know

If you're a renter in the District of Columbia, you may be living in a unit covered by rent control laws. But what happens if your unit transitions to market-rate rent? This article explains your rights, what to expect, and the official steps involved in moving from rent control to market rent in DC.

Understanding Rent Control in Washington, DC

Rent control in DC limits how often and by how much a landlord can raise your rent. Most residential rental units built before 1976 are covered, with some exceptions. The law is designed to protect tenants from sudden or unfair rent increases while ensuring landlords receive a fair return on their property. The main law governing these protections is the District of Columbia Rental Housing Act of 1985.^[1]

When Does a Unit Move to Market Rent?

In DC, a rent-controlled apartment can shift to a market-rate rent in certain situations, such as:

• The tenant voluntarily vacates the unit
• The tenant is evicted lawfully by court order and due process
• The landlord receives an official exemption (for example, the owner is a small landlord, or the building was constructed after 1975)

Once a unit becomes decontrolled, the landlord has the right to raise the rent to any amount the market allows when advertising to new tenants. Please note that ongoing tenants in good standing generally cannot be moved from rent control to market rent without following strict legal steps.

Required Notices and Forms

Landlords must follow specific procedures when transitioning a unit out of rent control. As a renter, you should know about the official documents involved:

1. RAD Form 3: Notice to Tenant of Rent Adjustment

• Form Name: Notice to Tenant of Rent Adjustment (RAD Form 3)
• When Used: Landlords must provide this written notice at least 30 days before a rent increase takes effect.
• Example: If your landlord plans to increase the rent after your lease ends and claims the unit is no longer under rent control, you must receive RAD Form 3 in advance.
• View and download RAD Form 3 from the DC Department of Housing and Community Development

2. RAD Form 1: Registration/Claim of Exemption

• Form Name: Registration/Claim of Exemption (RAD Form 1)
• When Used: Landlords file this form with the Rental Accommodations Division (RAD) to declare the unit exempt (for example, a single-family dwelling or newer construction).
• Example: If a landlord communicates that your unit is exempt from rent control, ask to see the RAD Form 1 filing and confirmation from the city.
• Access RAD Form 1 at DC DHCD

Who Oversees Tenant Protections?

The Rental Accommodations Division (RAD) of the DC Department of Housing and Community Development manages rent control, rent adjustments, and complaints. For disputes, the official tribunal is the Office of Administrative Hearings (OAH).

Your Rights and Next Steps as a Renter

• The landlord must provide proper written notice of any change in rent status or rent increases.
• If you believe your unit is wrongly moved to market rent, you have the right to challenge it. You can file a tenant petition with RAD at DHCD.
• If your rent is raised illegally or without proper notice, you may be able to file a complaint or request a hearing through the Office of Administrative Hearings.
• Remember: You cannot be forced out just to remove rent control—legal procedures must be followed.

Understanding how rent control transitions to market rent in DC is key to protecting yourself as a renter. Always check your notice dates and keep records of all landlord communications and forms you receive.

Frequently Asked Questions (FAQs)

1. Can my landlord switch my rent-controlled unit to market rent without notice?
   No, your landlord cannot lawfully change your unit to market rent or increase your rent above legal limits without providing the proper written notice (usually at least 30 days) using official forms like RAD Form 3.^[2]
2. Is my apartment still covered by rent control if I renew my lease?
   If your unit was covered before, in most cases, simply renewing does not change its status. Check with the Rental Accommodations Division if you are unsure.
3. How can I challenge a rent increase or exemption?
   You may file a petition with RAD or request a hearing at the Office of Administrative Hearings if you believe your rights were violated. This often involves submitting evidence and the relevant official forms.
4. Which city agency can help me if my landlord claims I'm no longer protected by rent control?
   The DC Rental Accommodations Division (RAD) and the Office of the Tenant Advocate can review your case and provide assistance.
5. What paperwork should I receive before my status changes?
   You must receive official notice such as RAD Form 3 (Rent Adjustment) or documentation confirming an exemption (RAD Form 1), along with the effective date and explanation.

Key Takeaways for DC Renters

• Landlords must follow strict notice and filing rules to move a unit from rent control to market rent.
• Protect yourself by requesting official forms and keeping detailed records.
• If you suspect a violation, contact RAD, the Office of Administrative Hearings, or the Office of the Tenant Advocate for support.

Need Help? Resources for Renters

• Rental Accommodations Division (RAD), DC DHCD – Rent control info, registration, complaints
• Office of the Tenant Advocate (OTA) – Tenant rights advice and assistance
• Office of Administrative Hearings (OAH) – Hearings and appeals for landlord-tenant disputes
• District of Columbia Rental Housing Act of 1985 (Official DC Council Code)

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1. See the District of Columbia Rental Housing Act of 1985 for detailed rent control rules and exemptions.
2. Notice procedures and official forms are described at the DC Department of Housing and Community Development (Rental Accommodations Division).

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