D.C. Code tit. 42 § 42-3505.02
Retaliatory action.
Operative Text
(a) No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit, action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass, reduce the quality or quantity of service, any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause, or any other form of threat or coercion. (b) In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant: (1) Has made a witnessed oral or written request to the housing provider to make repairs which are necessary to bring the housing accommodation or the rental unit into compliance with the housing regulations; (2) Contacted appropriate officials of the District government, either orally in the presence of a witness or in writing, concerning existing violations of the housing regulations in the rental unit the tenant occupies or pertaining to the housing accommodation in which the rental unit is located, or reported to the officials suspected violations which, if confirmed, would render the rental unit or housing accommodation in noncompliance with the housing regulations; (3) Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations; (4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization; (5) Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or (6) Brought legal action against the housing provider.
D.C. Code § 42-3505.02 prohibits housing providers from taking adverse action against tenants because those tenants exercised legal rights. Covered retaliatory acts include seeking to recover possession, raising rent unlawfully, cutting services, refusing to renew a lease, or any harassment or coercion. Critically, if a housing provider acts against a tenant within six months of the tenant engaging in a protected activity—such as requesting repairs, reporting code violations, or joining a tenant organization—the law presumes the action was retaliatory, and the housing provider must rebut that presumption with clear and convincing evidence.
Plain English — not legal advice.
Under D.C. Code § 42-3505.02, compliant housing providers document legitimate, non-retaliatory business reasons for any adverse action taken against a tenant, particularly when that action follows a tenant's repair request, complaint to District officials, or involvement in a tenant organization. Because the statute creates a legal presumption of retaliation for actions taken within six months of protected tenant activity, operators generally maintain contemporaneous records—such as maintenance logs, financial records, and written communications—that can demonstrate a lawful basis for their decisions. Operators familiar with this provision also train staff to avoid any conduct that could be characterized as harassment, service reduction, or coercion in response to a tenant exercising legal rights.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3505.02 protects tenants who request repairs, report housing code violations, withhold rent lawfully, participate in tenant organizations, or take legal action against their housing provider. If a housing provider takes an adverse action within six months of such activity, the law presumes retaliation, shifting the burden to the provider to disprove it. Tenants may raise this provision as a defense in eviction proceedings, file a complaint with the D.C. Office of the Tenant Advocate, or contact a tenant-rights organization to learn about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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