Tenant Mold Rights in DC: What Renters Need to Know

If you rent in the District of Columbia and notice mold in your home, it's important to know your rights as a tenant. DC law protects renters by requiring landlords to maintain safe, habitable living conditions—this includes addressing mold issues. Understanding the steps to take, official forms to use, and where to get help ensures your rental remains healthy and secure.

Your Right to a Healthy, Mold-Free Home

In DC, landlords must provide safe, habitable housing under the DC Housing Code. Mold is considered a potential hazard if it affects your health or makes your rental unsafe.

What Landlords Must Do

• Respond promptly to reports of mold.
• Make necessary repairs—this can include fixing leaks, removing mold, and addressing moisture issues.
• Comply with DC building and housing codes.

If mold is caused by something the landlord must fix (like a leaky roof or plumbing), they are legally responsible for repair and remediation.^[1]

Identifying and Reporting Mold Problems

You should notify your landlord in writing as soon as you spot or suspect mold. Written notice creates a record and obligates your landlord to respond within a reasonable timeframe, typically within 30 days or sooner if the issue is urgent.

Official DC Tenant Forms

• Tenant Petition (Form 101): Used to formally report housing code violations—like unresolved mold—to the DC Office of Administrative Hearings (OAH).
  Download Tenant Petition Form 101.
  Example: If your landlord does not remove mold after notification, you can file this form with OAH.
• Repair Complaint (via DCRA): Submit a complaint to the Department of Buildings (formerly DCRA) to request a housing code inspection.
  Submit a Housing Code Complaint online.
  Example: If you experience delays or unaddressed repairs, this form initiates an official inspection.

What to Do If Your Landlord Doesn't Fix the Problem

If your landlord fails to act, DC renters have several options:

• File a Tenant Petition (Form 101) with the Office of Administrative Hearings (OAH), the official tribunal handling residential tenant claims.
• Request a building inspection from the Department of Buildings to document violations.
• Consider seeking legal assistance from local tenant support services.

Summary of Action Steps

• Take clear photos and keep records of the issue.
• Send your landlord written notification describing the mold and needed repairs, and keep a copy.
• Wait for your landlord's response (reasonable time is typically up to 30 days).
• If no action is taken, file a Tenant Petition (Form 101) and/or a complaint with the Department of Buildings.

Under DC law, tenants should not withhold rent without a court order. Instead, use official complaint channels to resolve major repair issues.

Relevant DC Laws and Regulations

Tenant rights regarding habitability—including mold—are protected under the DC Housing Code and the Rental Housing Act.^[2][3] These rules set minimum safety and health standards for all rental properties in the District.

Frequently Asked Questions: Mold in DC Rentals

1. What should I do if I find mold in my DC rental?
   Notify your landlord in writing, include photos if possible, and keep a copy. If repairs aren't made, submit a Tenant Petition (Form 101) or file a complaint with the Department of Buildings.
2. Is the landlord always responsible for mold removal?
   Landlords are responsible when mold is caused by something under their control, like leaks or building defects. If a tenant's actions contributed, this may affect responsibility.
3. Can I withhold rent if mold isn't fixed?
   No. In DC, you shouldn't withhold rent unless directed by a court. Use official complaint processes instead.
4. Where do I file a tenant petition?
   Tenant Petitions related to repairs and habitability issues go to the Office of Administrative Hearings (OAH).

Key Takeaways for DC Renters

• Landlords must fix mold issues caused by repair needs or building defects.
• If unaddressed, renters have the right to file official complaints using Form 101 or through the Department of Buildings.
• Do not withhold rent—use the legal avenues provided in DC law to resolve repair disputes.

Need Help? Resources for Renters

• DC Office of Administrative Hearings (OAH): Tribunal for tenant petitions and housing issues
• Department of Buildings (DOB): Housing code complaints and inspections
• Office of the Tenant Advocate (OTA): Advice and advocacy for DC renters
• DC Official Code: Full text of DC rental housing laws

---

1. DC Housing Code, Title 14 DCMR Chapter 3: DC Housing Code – Minimum Housing Standards
2. DC Rental Housing Act of 1985, Title 42, Chapter 35: DC Rental Housing Act (Habitability and Repairs)
3. Department of Buildings: File a Housing Code Complaint
4. Office of Administrative Hearings (OAH): OAH – Tenant Petitions

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations