14 DCMR § 14-2220
RENTAL OF A FOR SALE INCLUSIONARY UNIT
Operative Text
1. An Inclusionary Unit Owner may temporarily lease a For Sale Inclusionary Unit in accordance with the provisions of this § 2220 if such lease is not otherwise prohibited by applicable cooperative, condominium, or homeowner association rules. 2. Upon written submission of a request for a waiver of the principal occupancy requirement for a temporary absence from an Inclusionary Unit and supporting documentation, DHCD may permit an Inclusionary Unit Owner to temporarily lease a For Sale Inclusionary Unit for a period not to exceed twelve (12) months per request. DHCD shall approve or disapprove the request in its sole discretion considering the evidence before it. Requests to lease a For Sale Inclusionary Unit shall be based on a temporary need of the Owner to vacate the Inclusionary Unit, with intent to return. For example, such needs may include military service or another reason causing the Owner to temporarily leave the District metropolitan area. 3. If the request or any subsequent renewal is denied by DCHD the Inclusionary Unit Owner must reoccupy the unit as their principal residence within ninety (90) days after the denial or sell the unit in accordance with § 2206 within one hundred eighty (180) days after the denial. 4. An Inclusionary Unit Owner who is leasing a For Sale Inclusionary Unit in accordance with this § 2220 shall select tenant Households pursuant to § 2208. 5. Inclusionary Unit Owners that are approved by DHCD to temporarily lease their For Sale Inclusionary Units, and tenants of these For Sale Inclusionary Units, shall comply with the requirements in § 2217. 6. An Inclusionary Unit Owner permitted to temporarily lease a For Sale Inclusionary Unit shall provide DHCD with written notification within five (5) days when a tenant takes possession and a copy of the lease and shall provide DHCD with written notification within five (5) days when a tenant vacates the For Sale Inclusionary Unit. 7. The maximum rent charged during a temporary lease of a For Sale Inclusionary Unit shall be the rent set forth in the Rent and Price Schedule in place on the beginning date of the lease. 8. A condominium fee or assessment that a tenant of a For Sale Inclusionary Unit leased under this § 2220 is required to pay pursuant to the terms of his or her lease shall be considered part of the rent of the tenant when determining whether the rent charged is consistent with the Maximum Rent and Purchase Price Schedule.
D.C. Mun. Regs. tit. 14 § 14-2220 establishes the conditions under which an owner of a For Sale Inclusionary Unit may temporarily rent out that unit rather than occupying it as a principal residence. The owner must obtain written approval from DHCD for a temporary absence of up to twelve months per request, and the agency has sole discretion to approve or deny. If a request is denied, the owner must either return to the unit within 90 days or sell it within 180 days under the procedures set out in § 2206. Rent charged during any approved temporary lease is capped at the rate listed in the applicable Rent and Price Schedule, and any condominium fees passed to the tenant count toward that rent ceiling.
Plain English — not legal advice.
Under § 14-2220, an owner of a For Sale Inclusionary Unit who needs to temporarily vacate — for reasons such as military service or a temporary relocation outside the D.C. metropolitan area — generally submits a written waiver request with supporting documentation to DHCD before leasing the unit. Compliant operators select tenant households following the process in § 2208, notify DHCD in writing within five days of a tenant taking possession or vacating, and provide a copy of the lease. Rent is set no higher than the Rent and Price Schedule in effect at the start of the lease, and any condominium fees required of the tenant under the lease terms are factored into that rent ceiling calculation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 14-2220 provides that tenants living in a temporarily leased For Sale Inclusionary Unit are entitled to pay no more than the rent established by the applicable Rent and Price Schedule, and any condominium fees or assessments required by the lease terms are counted as part of that rent for compliance purposes. Both the owner and the tenant of such a unit are required to comply with the ongoing obligations set out in § 2217. Tenants who believe their rent exceeds the allowable maximum or that other requirements of § 14-2220 are not being met may consider contacting DHCD directly, reaching out to a tenant-rights organization in the District, or exploring whether a violation can be raised as a defense in a relevant proceeding.
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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