Vacancy Decontrol in DC: Rent Rules for Rent-Controlled Units

If you rent a home or apartment in the District of Columbia, it’s important to understand how vacancy decontrol affects rent-controlled units. Many renters are concerned about possible rent hikes when a tenant leaves and a new lease begins. In DC, special rules apply under the city’s rent control laws that both limit and allow rent increases in certain circumstances.

What Is Vacancy Decontrol in DC?

Vacancy decontrol refers to the rule that allows landlords of rent-controlled units to raise the rent above standard yearly limits when an apartment or home becomes vacant. This means that – after you move out – the landlord can set a new rent for the incoming tenant, subject to certain restrictions under DC’s Rental Housing Act¹.

How Rent-Controlled Units Work in DC

Most apartments built before 1976 in DC are covered by rent control, with some notable exceptions (like owner-occupied buildings with four or fewer units). The law sets annual rent increase limits for current tenants, but different rules apply when a unit turns over.

DC Vacancy Decontrol Rent Increase Rules

• Upon vacancy, landlords may increase the rent for the next tenant by up to 10% above the previous rent, or up to 30% if no rent increase has occurred in the prior three years (see the DC Office of Tenant Advocate).
• After raising the rent on a vacant unit, landlords are required to register the new rent amount with the District of Columbia Department of Housing and Community Development (DHCD) Rental Accommodations Division.
• Notice required: Landlords must provide standard notice to the new tenant and update DHCD records using the proper form.

Keep in mind, even after vacancy decontrol, the unit continues to be rent-controlled, and any future increases remain limited by DC law.

Required Forms for Rent Increases After Vacancy

• RAD Form 8: Notice of Adjustment of General Rent Ceiling
  This form is used by landlords to officially register a new rent amount after a vacancy-related increase. Renters can request to see this form to verify lawful rents.
  Example: If you move into a rent-controlled apartment after the prior tenant leaves, the landlord should have filed RAD Form 8 with DHCD registering any vacancy increase.
  View RAD Form 8 – DC Government
• RAD Registration/Claim of Exemption Form (link here): Used to register properties and indicate exemption or status under rent control.

For more details about required rent control forms, you can visit the official DC Rent Control Forms Portal.

Where to Turn: DC’s Official Rent Tribunal

Disputes about rent increases, compliance, or forms in rent-controlled units are handled by the Rental Accommodations Division (RAD) within the Department of Housing and Community Development (DHCD). Formal complaints, appeals, and rent adjustment challenges can be filed through this office.

You may also access dispute resolution and legal protections via the Office of Administrative Hearings (OAH), which is the main tribunal for housing and rental disputes in DC.

What Should Renters Know and Do?

• Check your lease and rental history to verify that any post-vacancy rent increase matches legal limits.
• Request a copy of RAD Form 8 if you suspect an unlawful increase.
• If you believe the rent exceeds the allowed increase, file a complaint with DHCD.

FAQ: Rent-Controlled Vacancy Decontrol in DC

1. What is the maximum rent increase allowed after a vacancy in a rent-controlled unit in DC?
   Generally, the landlord can raise rent by up to 10% over the previous rent, or up to 30% if there has been no rent increase in 3 years.
2. Does rent control protection continue after a vacancy decontrol increase?
   Yes, the unit remains under rent control. Any future increases are still limited by DC law, even after a vacancy rent adjustment.
3. Which agency enforces DC rent control rules?
   The Rental Accommodations Division (RAD) at the Department of Housing and Community Development (DHCD).
4. What if I think my landlord illegally increased my rent?
   You can file a complaint with RAD at DHCD or appeal to the Office of Administrative Hearings (OAH).

Summary: Key Takeaways

• DC rent-controlled units are subject to special rules when a tenant leaves, but vacancy-related rent increases are capped by law.
• Landlords must file official forms and follow notice rules after any vacancy increase.
• Renters can access help or challenge unlawful rent adjustments through DC’s Rental Accommodations Division and Office of Administrative Hearings.

Need Help? Resources for Renters

• DC Department of Housing and Community Development (DHCD) Rental Accommodations Division: Official information, complaint forms, and contact for rent control matters.
• Office of the Tenant Advocate (OTA): Advocacy, legal information, and support for DC renters.
• Office of Administrative Hearings (OAH): File appeals or housing complaints.
• Rental Housing Act of 1985 (DC Code Title 42, Chapter 35, Subchapter II): Full legislation governing rent control.

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1. DC Code Title 42, Chapter 35, Subchapter II – Rental Housing Act
2. DC Department of Housing and Community Development: Rent Control
3. DC Office of Tenant Advocate: Rent Increase Basics
4. DHCD: Rent Control Forms
5. Office of Administrative Hearings (OAH)

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