• What Is Fair Housing?
• Local and Federal laws OHR Enforces
• File a Complaint of Discrimination
• Frequently Asked Questions: Do I have a Case?
• Fair Housing Outreach and Education
• Additional Resources

1. What Is Fair Housing?

2. Local and Federal Laws OHR Enforces

• The DC Human Rights Act of 1977 (DCHRA)
  • The DCHRA, there are 20 protected traits against discrimination under housing. These include:
  • 
  • To explore definitions and the full scope of 23 Protected Traits in the other areas of enforcement, also in additional languages, please click here
  • To file a complaint, please click here.
  • For more information, please visit the following:
    • DC Human Rights Act of 1977
    • The Fair Housing Laws in the District of Columbia

• Fair Criminal Record Screening for Housing

  • Enacted in 2017, this law supports individuals who may have faced improper inquiries about their criminal backgrounds during housing applications. It ensures transparency in the application review process by requiring housing providers to disclose eligibility criteria before accepting application fees or withdrawing conditional housing offers upon discovery of criminal convictions.
  • To file a complaint, please click here.
  • For more information, please visit the following:
    • Fair Criminal Record Screening for Housing Act of 2016 [PDF]
    • Criminal Background and Screening Complaint Form.
    • Criminal Background Screenings and Housing Guidance Document

• Rental Tenant Screening Violations

  • Parts of the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, D.C. Code § 42-3505.10, also established a number of new requirements for District housing providers when they are screening potential tenants, including limiting the amount of fees a housing provider can charge during the application process and limiting the information a housing provider may request and consider during the screening process.
  • To file a complaint, please click here.
  • For more information, please visit:
    • D.C. Law § 42–3505.10. Tenant screening.

• Sealed Eviction Record Violations

  • The DCHRA was amended to include the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022. It prohibits discrimination based on sealed eviction records in any housing transactions.
  • To file a complaint, please click here.
  • For more information, please visit:
    • OHR’s Two New Protected Traits Under the DC Human Rights Act Factsheet 
    • D.C. Law 24-115. Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022

• Source of Income Discrimination in Housing

  • Under the DCHRA, it is unlawful to deny, directly or indirectly, any individuals the full and equal enjoyment of housing, including the rental of a dwelling, services, facilities, and privileges, based on a person’s “source of income. The Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 updated the protections under the DCHRA regarding source of income by adding the following:
    • Prohibiting discrimination based on past credit issues or rental payment history that occurred before a prospective tenant received a housing subsidy;
    • Prohibiting discrimination based on income level and credit scores unless required by federal law;
    • Creating a rebuttable presumption of discrimination if a housing provider charges any fees, deposits, or additional rent on individuals using income-based housing subsidies, which they wouldn't impose on those not using such subsidies.
  • To file a complaint, please click here.
  • For more information, please visit the following:
    • “Source of Income” Discrimination in Housing (*Updated*) OHR Enforcement Guidance No. 23-03)

3. File a Complaint of Discrimination 

• Form for Filing a Housing Complaint Under the DC Human Rights Act
   
  • English (Print)  (Online)
  • Amharic / አማርኛ (Print / ማተም)
  • Chinese / 中文 (Print / 版)
  • French / Français (Print / Imprimer)
  • Korean / 한국인 (Print / 인쇄)
  • Spanish / Español (Print / Español)
  • Vietnamese / Tiếng Việt (Print / Xuất Bản)
• Fair Criminal Record Screening for Housing Complaint Form
  • English (Print) (Online)
• Rental Tenant Screening Violations
  • English (Print)

4. Frequently Asked Questions: Do I have a Case? 

Over the years, OHR has conducted fair housing outreach and training sessions in all corners of the city, engaging with the public and addressing their questions and concerns. Below, we have compiled a list of FAQs to help individuals better understand what constitutes a fair housing violation. Please note that while these FAQs cover common topics, they may not encompass all possible scenarios. If you think you have a FAQ worthy question, please reach out to [email protected].
 
Exemptions

•  Are there any properties that are exempt from Fair Housing Law

•  Yes. Property owners that sell or rent out their single-family home  or that live in one unit of a 4-or-fewer-unit building,  religious organizations that limit the sale, rental, or occupancy of a dwelling to persons of the same religion,  and senior housing (HOPA) discriminating on the basis of familial status.  

• Can owners of single-family homes discriminate in advertisements?

•  No, they cannot. Owners of single-family homes cannot be discriminatory in their advertisements or statements.   

• Can senior housing facilities discriminate against my race, religion or other protected trait

•  No, Although discrimination based on familial status is permissible in senior
  housing,6 discrimination based on race, religion, or other protected traits is not
  permissible.

___________________

Bylaws
 -  42 USC § 3603(b)(1) (stating that the prohibitions contained in § 3604 do not apply to “any single-family home sold or renter by an owner,” provided that that owner does not own more than three single-family homes at any one time, inter alia); DC Code § 2-1402.24(c) (stating that the DCHRA’s housing prohibitions do not apply to “the sale or rental of a single-family home sold or rented by an owner if the owner does not own more than 3 single family homes at any one time,” inter alia).
  - 42 USC § 3603(b)(2) (stating that the prohibitions contained in § 3604 do not apply to “rooms or units in dwellings containing living quarters occupied. . . by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence) (i.e., Mrs. Murphy Exemption); DC Code § 2-1402.24 (a) (stating that the DCHRA’s housing prohibitions do not apply to “the rental or leasing of housing accommodations in a building in which the owner, or members of his or her family occupy one of the living units and in which there are. . . accommodations for not more than (1) four families. . . with whom the owner-occupant anticipates. . . sharing a kitchen or bathroom; or (2) two families living independently of each other”).
 -  42 USC § 3607(a) (stating that the FHA does not “[p]rohibit a religious organization . . . from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, or national origin”); DC Code § 2-1401.03 (d) (stating that the prohibitions of the DCHRA do not apply to “prohibit any religious organization. . . from limiting the sales, rental or occupancy of housing accommodations which it owns or operates for other than a commercial purpose to members of the same religion or organization, or from giving preference to these persons, unless the entity restricts its membership on the basis of race, color, or national origin”).
 -  42 USC § 3607(b)(1) (stating that the FHA does not apply to “discrimination based on family status. . . with respect to housing for older persons”); DC Code § 2-1402.21(c)(3) (stating that the DCHRA’s housing prohibitions related to “familial status” do not apply to “housing for older persons”).  
 -  DC Code § 2-1402.24(c)(2)(B) (stating that the exemption for the sale/rental of a single-family home applies only when the home was sold or rented without the publication, posting, or mailing of any discriminatory advertisement or statement).

___________________

Reasonable Accommodations vs Modifications

• What are the differences between reasonable accommodations or modifications?
  • The main differences lie in whether the change is structural or non-structural, and who is responsible for the expense.
  • A reasonable accommodation is a change to a rule, policy,practice, or service  given to a person upon their request that allows them to use and enjoy their dwelling, usually at the expense of the housing provider.  These can include examples like (this is not an exhaustive list):
             -  Creating an ADA accessible parking space
             -  Making exceptions to “No Pet” policies
             -  For more examples and information, please see the 
                 Reasonable Accommodation Under the Fair Housing Act [PDF

  • A reasonable modification involves structural changes to the dwelling, facilitating full enjoyment by a person with a disability,  usually at the expense of the tenant.  Examples include (this is not an exhaustive list):
             - Installing a ramp
             - Lowering countertops
             - Widening hallways or doorways
             - For more examples and information, please see the Reasonable Modifications Under the Fair Housing Act [PDF]

• Are there organizations that can help with the expense of a modification?
  • Yes, there are several community-based organizations (CBOs) that can help with the expense of a home modification. For a list of programs, please click here

Assistance Animals

• Is there a difference between a pet and assistance animal?
• Does my assistance animal have to be certified?
• Can I be denied housing because the property has a strict “No Pet” policy?

___________________

Bylaws
  Id.  
  42 USC 3604(f)(3)(B) (defining a reasonable accommodation as a change in “rules, policies, practices, or services” which “may be necessary to afford [a] person equal opportunity to use and enjoy a dwelling”); DC Code § 2-1402.21(d)(3)(B) (same).
  24 CFR § 100.204(b) (stating that a reserved parking space may be a reasonable accommodation).
  Id. (stating that a waiver of a “no pets” policy may be a reasonable accommodation).
  42 USC 3604(f)(3)(B) (defining a reasonable modification as a change of the “existing premises” which may be necessary “to afford [a] person full enjoyment of the premises”); DC Code § 2-1402.21(d)(3)(A) (same).
  42 USC 3604(f)(3)(B) (stating that a reasonable modification is made “at the expense of the handicapped person”); DC Code § 2-1402.21(d)(3)(A) (same).
  24 CFR § 100.203)(c) (stating that “widen[ing] [a] doorway” may be a reasonable modification).
___________________

Use of Housing Vouchers

• Do all housing providers have to accept vouchers? 

• Yes. Housing providers must accept all forms of housing vouchers and may not post discriminatory advertisements indicating a preference based on a tenant’s source of income.  
• Housing providers must accept all forms of income, including any housing voucher or subsidy, which pays part of and/or the full rental amount.  This includes (not an exhaustive list):

• Rapid Rehousing Vouchers
•     Housing Choice Voucher Program (formally known as Section 8)
• Emergency Rental Assistance Program (ERAP)

• Yes, they can. However, a housing provider cannot deny your rental application based on credit issues or nonpayment of rent that occurred prior to when you first received your voucher.

• Yes, if you pay a portion of the rent out of pocket, your income will be considered. However, a housing provider can only require that you meet the income requirement for your portion of rent.  However, if your income can cover at least 30% of the rent you are responsible for, they should not deny your application solely based on insufficient income
  .___________________
  Bylaws

•   Id.  
    42 USC 3604(f)(3)(B) (defining a reasonable accommodation as a change in “rules, policies, practices, or services” which “may be necessary to afford [a] person equal opportunity to use and enjoy a dwelling”); DC Code § 2-1402.21(d)(3)(B) (same).
    24 CFR § 100.204(b) (stating that a reserved parking space may be a reasonable accommodation).
    Id. (stating that a waiver of a “no pets” policy may be a reasonable accommodation).
    42 USC 3604(f)(3)(B) (defining a reasonable modification as a change of the “existing premises” which may be necessary “to afford [a] person full enjoyment of the premises”); DC Code § 2-1402.21(d)(3)(A) (same).
    42 USC 3604(f)(3)(B) (stating that a reasonable modification is made “at the expense of the handicapped person”); DC Code § 2-1402.21(d)(3)(A) (same).
    24 CFR § 100.203)(c) (stating that “widen[ing] [a] doorway” may be a reasonable modification).

  ___________________

  Discrimination vs Landlord Tenant Issues

• Is it discrimination when my landlord/leasing office is rude to me?

o    It depends. Discrimination typically involves adverse actions based on protected traits. Rude behavior alone does not usually constitute discrimination unless tied to a protected trait. For example, if a landlord prevents all tenants from using the laundry facility, that would likely not be considered a discriminatory action. But if a landlord prevents only you from using the laundry facility and has made comments about your national origin in the past, that might be considered a discriminatory action.

• Is it discrimination if my landlord doesn’t provide consistent maintenance for tenants?

o    It depends. If the housing provider does not make consistent repairs to the property, that doesn’t necessarily fall under discrimination. But it could be an issue that may be addressed by relevant authorities such as the DC Office of the Attorney General or the Office of the Tenant Advocate. However, if you notice that repairs are being made to some units or properties but not the others, that may be discrimination.

• Can my landlord evict me because I had to call the police multiple times due to domestic violence?

o    No, they cannot. There are additional protections for people experiencing intrafamily offenses (i.e., domestic violence).  You should not be evicted because you call the police, ask for additional security measures, or need locks/doors replaced due to domestic violence.  Additionally, if you need to leave the property, you have the right to terminate the lease by providing 14-days written notice.

Bylaws

  D.C. Code § 42–3505.10(e)(1) (screening prospective tenant’s credit score).
  42 USC § 3604(c) (making it unlawful to “make” or “cause to be made” a statement that indicates any “preference, limitation, or discrimination based on” a protected trait); D.C. Code § 2-1402.21(a)(5) (same); see also Clifton Terrace Assoc. v. United Technologies, 929 F.2d 714, 719 (D.C. Cir. 1991) (noting that 42 USC 3604(b) addresses “discriminat[ion] in the provision of. . . facilities”).
  42 USC § 3604(b) (making it unlawful to “discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling”); D.C. Code § 2-1402.21(a)(1) (making it unlawful to “require different terms” for a transaction in real property); see also Clifton Terrace Assoc. v. United Technologies, 929 F.2d 714, 719 (D.C. Cir. 1991) (noting that 42 USC 3604(b) “address[es] habitability” and is “directed at those who. . . discriminate in the provision of attendant services or facilities”).
  See D.C. Code §§ 43-3505.01(c-1)(1)–(3) (creating a defense against an eviction action for victims of intrafamily offenses); 14 DCMR § 4305.1–3 (providing victims of intrafamily offenses with an option to terminate a lease with 14 days written notice).
___________________

Returning Citizens and Housing

• Can I file a discrimination case if I was refused housing because of a criminal background check?

• Having a criminal record is not a protected trait under the DC Human Rights Act, so you cannot file a Fair Housing discrimination claim based on having a criminal record. However, there is a law that specifically addresses fair housing for returning citizens, the 2016 Fair Criminal Record Screening for Housing Act,  commonly known as “Ban the Box.”  This law requires most rental housing providers  to provide notice of their rent eligibility criteria to applicants before accepting an application fee  and also prohibits housing providers from requiring background checks before making a conditional offer of housing.  After a conditional offer, housing providers are only allowed to consider pending criminal accusations or convictions from the last 7 years that are listed in the law.  Housing providers can only withdraw a conditional offer of housing after considering factors listed by the law.  Landlords that do not comply with the law may be penalized with a fine of $1,000-$5,000 depending on how many rental units the landlord has in D.C.  For more information about this law and the process for filing a complaint for a violation, see OHR’s Returning Citizens and Housing.

___________________

Bylaws
 D.C. Code § 43-3505.01(c-1)(1) (creating a defense to an eviction action where an “intrafamily offense, or actions relating to the intrafamily offense, are the basis for” the eviction) (emphasis added).  
  14 DCMR § 4305.1–3 (stating that a housing provider “shall release a tenant from the obligations of the tenants lease or rental agreement if the tenant gives written notice, in any form,” that they are “a victim of an intrafamily offense” and provide “fourteen (14) days . . . written notice”).
  D.C. Code §§ 42–3541.01-.09.
 Id. at § 42-3541.03 (lists the exclusions).
  Id. at § 42-3541.02(c)(1)(A).
  Id. at § 42-3541.02(b)(1).
  Id. at § 42-3541.02(d).
  Id. at § 42-3541.02(e).
  Id. at § 42-3541.05.
___________________

5. Fair Housing Outreach and Education

6. Additional Resources 

•   What are the differences between reasonable accommodations or modifications?
  • The main differences lie in whether the change is structural or non-structural, and who is responsible for the expense.
  •  A reasonable accommodation is a change to a rule, policy, practice, or service  given to a person upon their request that allows them to use and enjoy their dwelling, usually at the expense of the housing provider.  These can include examples like (this is not an exhaustive list):
  • Creating an ADA accessible parking space
  • Making exceptions to “No Pet” policies
  • For more examples and information, please see the 
     Reasonable Accommodation Under the Fair Housing Act [PDF]
  • A reasonable modification involves structural changes to the dwelling, facilitating full enjoyment by a person with a disability,  usually at the expense of the tenant.  Examples include (this is not an exhaustive list):
  • Installing a ramp
  • Lowering countertops
  • Widening hallways or doorways
  • For more examples and information, please see the 
    Reasonable Modifications Under the Fair Housing Act [PDF]
  • Are there organizations that can help with the expense of a modification?
    • Yes, there are several community-based organizations (CBOs) that can help with the expense of a home modification. For a list of programs, please click here.
  • Is there a difference between a pet and assistance animal?

  •  Yes, assistance animals are not pets. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities including a physical, sensory, psychiatric, intellectual, or other mental disabilities that affect major life activities (referred to as a “support animal”).   

  •  Does my assistance animal have to be certified?

  • No, assistance animals are not required to be certified or go through a professional training program. certification is not required. Housing providers are allowed to require only (1) that a tenant provide a verification from a physician or other healthcare provider that the tenant meets the District’s definition of a person with a mental or physical disability;  and (2) that you demonstrate a connection between the disability and the function provided by the assistance animal.  As long as you get third-party verification supporting your need for a service animal, your housing provider should honor that request.

  •  Can I be denied housing because the property has a strict “No Pet” policy?

  • No. Because assistance animals are not “pets,” but rather are assistive aids, housing providers must make an exception to its “no pet” policy so that a tenant with a disability can fully use and enjoy his or her dwelling.  Persons with disabilities may contact their housing provider and submit a reasonable accommodation request to live with their service animals at no-pets properties, for a pet deposit fee waiver, or request waiver of other rules that exclude or limit the service animal’s function.  The reasonable accommodation request may be made orally, in writing, or through a third party.

  • Do all housing providers have to accept vouchers?
  • What types of housing vouchers must providers accept?
  • Can a housing provider run my credit if I’m using a voucher?
  • What if my voucher doesn’t cover the full amount of rent? Can they look at my income?
  •  Is it discrimination when my landlord/leasing office is rude to me?
  • Is it discrimination if my landlord doesn’t provide consistent maintenance for tenants?
  • Can my landlord evict me because I had to call the police multiple times due to domestic violence?
  • Can I file a discrimination case if I was refused housing because of a criminal background check?
  • • Relaunch of Fair Housing Is Your Right Campaign
      • In April of 2024, to celebrate Fair Housing Month and the launch of OHR’s Fair Housing Portal, we updated and relaunched our “Fair Housing Is Your Right” Campaign. Originally created in the Summer of 2012, it aimed to educate DC residents about anti-discrimination laws in housing, in hopes of reducing discriminatory incidents and increasing reporting. The newly upgraded posters focus on highlighting the DC Human Rights Act’s 23 protected traits: sexual orientation, source of income (such as the use of housing vouchers), familial status and responsibilities (such as people with children), and homelessness.
    • Fair Housing Month
      • Every April, OHR actively participates in Fair Housing Month by orchestrating comprehensive social media campaigns and organizing listening labs and community outreach events. These efforts focus on addressing pertinent housing topics, such as the intersection of COVID-19 and housing issues.
    • Trainings
      • OHR conducts various training on housing laws, issues, and general information. All OHR presentations emphasize OHR's jurisdiction in housing matters and the protected traits under housing laws, as well as provide an overview of relevant local and federal housing legislation.  Specific training sessions, such as 'Know Your Rights: The 23 Protected Traits in Washington, DC, delve deeper into the housing laws and protected traits. Our partnerships with stakeholders and government agencies facilitate enhanced understanding of these critical housing topics.
    • Listening Labs
      • Listening labs allow OHR to connect with community members on housing-related concerns. Listening labs typically feature an informative segment followed by a listening session, during which attendees can confidentially share their feedback and insights. The data and findings collected from listening labs help the planning of future events and the development of outreach materials, benefiting both OHR and its co-sponsoring agencies/groups.
    • Social Media and Website
      • OHR disseminates its vast resources and maintains an active presence on various social media platforms, including Facebook, Instagram, LinkedIn, YouTube, and Twitter/X. Initiatives like Protected Trait Tuesday campaigns aim to raise awareness about fair housing issues. Additionally, our social media content is integrated with OHR's website to provide comprehensive information and resources to the public.
    • For previous outreach campaigns, please click here.
    •  

    • Annual Report:

      • OHR is required to annually report progress of DC Human Rights Act enforcement to the Mayor and the Council of the District of Columbia. The report includes case dockets, case closures, and benefits achieved by successful complainants. Additionally, the Director reports other annual activities of (OHR) and the Commission on Human Rights, including community outreach, education programs, compliance programs, mediation, and fair housing.