D.C. Code tit. 6, ch. 7 § 6-731.02
Exemption by consent of tenants.
Operative Text
Section 6-731.01 shall not apply to any person performing any alteration upon any housing accommodation if the tenants of unvacated rental units, which are the subject of notices to vacate and which can reasonably be expected to be caused by the alteration to come to be in substantial violation (or, if already in substantial violation, to be in greater violation) of the housing regulations of the District of Columbia for a period of time in excess of 24 hours, agree in writing to the alteration after receiving written notice of the alteration and its effect upon the habitability of the affected units.
Under D.C. Code § 6-731.02, the general tenant-protection rule in § 6-731.01 does not apply to an alteration project when the tenants who would be affected—those in units that have received notices to vacate and that could be pushed into substantial housing-code violations for more than 24 hours—give their written consent after receiving written notice of the alteration and its likely impact on habitability. In other words, informed, documented tenant agreement can lift the usual restriction on performing alterations that would otherwise violate housing standards. The exemption is narrow: it requires both adequate written disclosure and affirmative written agreement from the affected tenants.
Plain English — not legal advice.
Property owners and managers seeking to rely on the D.C. Code § 6-731.02 exemption generally ensure that every tenant in an unvacated rental unit subject to a notice to vacate receives a written disclosure describing the planned alteration and its expected effect on the habitability of their unit before any work begins. Compliant operators then obtain a signed, written agreement from each such tenant before proceeding, rather than assuming verbal or implied consent is sufficient. Maintaining clear records of both the written notice provided and the written consent received is a standard practice for operators who wish to demonstrate that the § 6-731.01 restriction has been lawfully set aside.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 6-731.02 establishes that your written consent—given only after you have received written notice of the alteration and its effect on your unit's habitability—is what allows a landlord to proceed with work that would otherwise be prohibited under § 6-731.01. Tenants in this situation have the right to review the written disclosure carefully before deciding whether to sign any agreement, and a signature is not required simply because a notice is delivered. Tenants who believe the consent process was not properly followed, or who have questions about their rights, may consider contacting the D.C. Office of the Tenant Advocate or a local tenant-rights organization for general information.
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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