Pass-Through Costs and Rent Increases in DC: Renter Rights Explained

In the District of Columbia, rent control and rent stabilization laws protect many renters from sudden or excessive rent hikes. However, some increases—called pass-through costs—are allowed in specific situations. If you rent in DC, it’s important to know when and how your landlord is allowed to raise your rent for these extra charges so you can respond with confidence.

What Are Pass-Through Costs in DC?

Pass-through costs are certain building or property expenses that landlords may be allowed to "pass through" and add to tenants' rent in rent-controlled apartments. These costs can include major building improvements, higher property taxes, or utility surcharges. Strict rules apply, and not every cost can be passed onto renters.

When Can a Landlord Raise Rent for Pass-Through Costs?

Under the DC Rental Housing Act, rent-controlled landlords must get approval from the District's official tribunal before increasing rent for pass-through costs.^[1] Common approved reasons include:

• Capital improvement surcharge (e.g., elevator upgrades, roof replacement)
• Hardship petition surcharge if the landlord documents not earning a fair return
• Services and facilities increases, if significant new amenities are provided
• Property tax surcharges for sharply increased tax bills

Landlords must follow strict procedures and cannot simply add these charges to your rent without filing forms and providing you with official notice.

How Renters Are Notified About Rent Increases

To lawfully raise rent—including pass-through surcharges—the landlord must:

• File the correct form and wait for the Rent Administrator at the Department of Housing and Community Development (DHCD) or Rental Housing Commission to review
• Give tenants a written 30-day advance notice
• Include details of the increase, reasons, and any relevant approval documents

Official Forms for Pass-Through Rent Increases

• RAD Form 7 - Capital Improvement Petition
  When used: If a landlord seeks to pass on costs for major building upgrades, they must submit this form to the Rent Administrator and provide tenants with a copy. For example, if your landlord installs a new roof and wants a temporary rent surcharge, they'll use this form.
  View RAD Form 7 and instructions
• RAD Form 8 - Hardship Petition
  When used: Landlords who claim their operating expenses exceed their income can seek a hardship rent surcharge by submitting this form. Tenants should receive notice if their landlord applies.
  View RAD Form 8
• RAD Form 9 - Services and Facilities Petition
  When used: Used when landlords add or improve building services (like laundry or security), and they seek approval to raise rent.
  View RAD Form 9

You have the right to respond to these petitions and participate in hearings. The Rental Housing Commission is DC’s official tribunal for these matters: DC Rental Housing Commission.

Your Rights as a Renter

If you receive notice about a pass-through rent increase:

• Review the reason and approval documentation
• Check if you’re in a rent-controlled unit (most buildings built before 1976, with some exceptions)
• File a response or objection if you disagree
• Contact the DC Rent Administrator for guidance

Unapproved or improperly noticed rent hikes are illegal and can be contested.

How to Respond to a Pass-Through Rent Increase Notice

When you receive a petition notice (like a Capital Improvement Petition), you can submit comments or formally object at a scheduled hearing. Review the paperwork carefully and follow any responding instructions mentioned on your notice.

Where to Get More Information

• DC DHCD Tenant Advocacy
• Rental Housing Commission: File a Tenant Complaint
• Rent Control Basics Guide (DHCD)

Summing up, while rent increases for pass-through costs do occur in DC, laws require clear notice, approval, and a renter's right to challenge an increase.

Frequently Asked Questions

1. What is a pass-through cost in DC rent control?
   Pass-through costs are certain landlord expenses, like major repairs or tax hikes, that may be approved to be added to your rent under strict conditions.
2. How much notice must my landlord give for a rent increase in DC?
   Landlords must give a written 30-day notice and receive approval before any rent increase—including for pass-through costs.
3. Is my building covered by rent control laws in DC?
   Most residential buildings built before 1976 are covered, with a few exemptions. You can use the city’s resources or contact DHCD to check your status.
4. What can I do if I disagree with a pass-through rent surcharge?
   You can file a written objection, participate in hearings, or seek help from the DC Rental Housing Commission or tenant advocates.
5. Who reviews and approves pass-through rent increases in DC?
   The DC Rent Administrator and the Rental Housing Commission review landlord petitions and approve or deny increases.

Key Takeaways for DC Renters About Pass-Through Costs

• Landlords cannot increase your rent for pass-through costs unless they file the proper forms and give lawful notice.
• You have a right to challenge approved increases, attend hearings, and seek help from DC renter resources.
• Always check DHCD and Rental Housing Commission guidance if you receive a rent increase notice.

Need Help? Resources for Renters

• DC Rental Housing Commission – Handles disputes and complaints
• DHCD Rent Control Forms and Info
• DHCD Tenant Advocacy Services
• Call 202-442-9505 for rent control and tenant questions
• Rent Control Guide (PDF)

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1. Rental Housing Act of 1985, D.C. Code § 42–3502 et seq.
2. DC Rental Housing Commission – Tenant Complaints and Hearings
3. Rent Control Basics: DC Official Tenant Guide

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