Commission Publishes Proposed Rulemaking on Evictions and Screening on December 9, 2022

• On December 9, 2022, the Commission published a notice of proposed rulemaking related to notices to vacate, evictions and retaliatory actions in the DC Register for public comment.  The proposed rules relate to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115), which took effect on May 18, 2022. That new law amends § 501 of the Rental Housing Act, related to notices to vacate and evictions, and adds a new § 510, related to tenant screening. 
• The proposed rules amend Chapter 43 of Title 14 of the DCMR. Any persons wishing to comment on the proposed rules may do so in writing by January 27, 2023. You may also view a “redline” markup of the change from the current, effective rules to the proposed rules.

The Commission received the following comments to the notice of proposed rulemaking. The Commission will review the comments before taking further action on these proposed rules.

• RHC Rulemaking Comments - Gallo
• RHC Rulemaking Comments - Cordone
• DCTRC Comments on RHC Proposed Rulemaking
• RHC Final Rulemaking - Technical Fixes 2023 (publication)

Commission Publishes Second Proposed Rulemaking on Evictions and Screening on March 29, 2024

• On March 29, 2024, the Commission published a second notice of proposed rulemaking related to notices to vacate, evictions, tenant screening, certain fees, and notice of rent increases. The proposed rules relate to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115), effective May 18, 2022, and the Fairness in Renting Clarification Amendment Act of 2023 (D.C. Law 25-65), effective November 28, 2023. Click here to download a copy of the full notice. You may also download a “redline” markup of the changes from the current, effective rules to the proposed rules. RHC Eviction and Screening rulemaking 2nd prop (2024-03-29 redline of current)[18].pdf
• This second proposed rulemaking makes changes based on public comments received from the first proposed rulemaking published on December 9, 2022, in addition to the legislative changes subsequently enacted by the Council. The comments received are posted in full below. Substantial changes are discussed in the notice of proposed rulemaking. You may also download a “redline” markup of the changes from the first proposed rules to the second. RHC Eviction and Screening rulemaking 2nd prop (2024-03-29 publication)[36].pdf
• Any persons wishing to comment on the proposed rules may do so in writing by April 29, 2024. Please email comments (Word or PDF attachments preferred) to the Commission’s General Counsel at [email protected], or you may mail or deliver comments to the Commission’s office.
• The Commission received the following comments to the notice of proposed rulemaking, which were reviewed and considered before publishing the third notice of proposed rulemaking:Comment on Rental Housing Commissions Second Proposed Rulemaking on Eviction & Screening Amendments
  • AOBA Comments on Second Rulemaking
  • LASDC Comments on Second Rulemaking
  • Cordone Comments on Second Rulemaking

Commission Publishes Third Proposed Rulemaking on Evictions and Screening on November 29, 2024

• On November 29, 2024, the Commission published a third notice of proposed rulemaking related to notices to vacate, evictions, tenant screening, certain fees, and notice of rent increases. The proposed rules relate to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115), effective May 18, 2022, and the Fairness in Renting Clarification Amendment Act of 2023 (D.C. Law 25-65), effective November 28, 2023. Click here to download a copy of the full notice . You may also download a “redline” markup of the changes from the current, effective rules to the proposed rules.
• This third proposed rulemaking makes changes based on public comments received from the second proposed rulemaking published on March 29, 2024. The comments received are posted in full below. Substantial changes are discussed in the notice of proposed rulemaking. You may also download a “redline” markup of the changes from the first proposed rules to the second .  
• Any persons wishing to comment on the proposed rules may do so in writing by January 6, 2025. Please email comments (Word or PDF attachments preferred) to the Commission’s General Counsel at [email protected], or you may mail or deliver comments to the Commission’s office.

The Commission received the following comments to the notice of proposed rulemaking, which were reviewed and considered before publishing the fourth notice of proposed rulemaking:

• OTA Comments on Third Rulemaking
• Gallo Comment on Third Rulemaking
• LASDC et al. Comment on Third Rulemaking
• Cordone Comment on Third Rulemaking

Commission Publishes Fourth Proposed Rulemaking on Evictions and Screening on July 18, 2025

• On July 18, 2025, the Commission published a fourth notice of proposed rulemaking related to notices to vacate, evictions, tenant screening, certain fees, and notices of rent increases. The proposed rules relate to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115), effective May 18, 2022, and the Fairness in Renting Clarification Amendment Act of 2023 (D.C. Law 25-65), effective November 28, 2023. Click here to download a copy of the full notice. You may also download RHC NPRM Fairness & Stability Act (2025-07-18 redline of current) a “redline” markup of the changes from the current, effective rules to the proposed rules.
• The fourth proposed rulemaking makes changes to the eviction provisions based on public comments received from the third proposed rulemaking published on November 29, 2024. The Comments received are posted in full below. Substantial changes are discussed in the notice of proposed rulemaking. You may also download RHC NPRM Fairness & Stability Act (2025-07-18 final) a “redline” markup of the changes from the third to the fourth proposed rules.
• Any persons wishing to comment on the proposed rules may do so in writing by August 18, 2025. Please email comments (Word or PDF attachments preferred) to the Commission’s General Counsel at [email protected], or you may deliver comments to the Commission’s office.

Commission Publishes Final Rulemaking on Evictions and Screening on October 10, 2025

• On October 10, 2025, the Commission published a notice of final rulemaking related to notices to vacate, evictions, certain fees, and notices of rent increases. The rules relate to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, effective May 18, 2022 (D.C. Law 24-115), and the Fairness in Renting Clarification Amendment Act of 2023, effective November 28, 2023 (D.C Law 25-65). 
• These amendment acts, in relevant part, makes significant changes to evictions for non-payment of rent, including a $600 threshold to file a claim, requiring all notices to vacate be served in covered languages if spoken by the tenant, require service to meet the same standards as a summons to court, and that a housing accommodation be licensed and registered before a complaint may be filed in court. The amendments also establish an inflation-adjusted application fee limit, restrict the grounds on which a prospective tenant’s credit history may be used, and provide for notice and disputes of the criteria to be used in reviewing applications.
• Four notices of proposed rulemaking were published before this final rulemaking. Each notice of proposed rules and the comments received in response are available RHC Eviction and Screening final rulemaking (10-10-25 redline of prior).
• You can RHC Eviction and Screening final rulemaking (10-10-25) to download a copy of the full notice of rulemaking. You can also RHC Eviction and Screening final rulemaking (10-10-25 redline of prior) to download a “redline” markup of the changes from the prior rules to the new, effective rules.