14 DCMR § 14-402
OCCUPANCY REQUIREMENTS
Operative Text
402.1 Each dwelling unit shall contain the following minimum amount of floor area in order to comply with the occupancy requirements of this subtitle: (a) At least one hundred thirty square feet (130 ft.2) of floor area in habitable rooms for the first occupant of the dwelling unit; (b) At least ninety square feet (90 ft.2) of additional floor area in habitable rooms for each additional occupant of the dwelling unit up to a total of seven (7) occupants; and (c) At least seventy-five square feet (75 ft.2) of additional floor area in habitable rooms for each additional occupant of the dwelling unit if the dwelling unit is to be occupied by more than seven (7) persons. 402.2 Each room used for sleeping purposes by not more than one (1) occupant shall be a habitable room containing at least seventy square feet (70 ft.2) of habitable room area. 402.3 Each room used for sleeping by two (2) or more occupants shall be a habitable room containing at least fifty square feet (50 ft.2) of habitable room area for each occupant. 402.4 No sleeping facilities shall be permitted in any room in which there is located any of the following: (a) A furnace; (b) A space heater using an open flame, unless that space heater is effectively flue connected; (c) A domestic water heater; or (d) A gas meter.
Under D.C. Mun. Regs. tit. 14 et seq. § 14-402, every dwelling unit in the District of Columbia must meet minimum floor-area thresholds that scale with the number of occupants, starting at 130 square feet of habitable space for the first person and adding incrementally for each additional resident. Sleeping rooms are subject to their own minimums—at least 70 square feet for a single sleeper and 50 square feet per person when shared—and no sleeping area may be located in a room that contains a furnace, open-flame space heater, water heater, or gas meter. These standards set a floor below which a unit is considered non-compliant regardless of any agreement between the parties.
Plain English — not legal advice.
Property owners and managers operating in the District should audit each unit's habitable floor area against the occupancy-based thresholds established by D.C. Mun. Regs. tit. 14 et seq. § 14-402 before approving any tenancy or change in household size. Compliant operators typically document room dimensions, confirm that sleeping rooms meet the per-occupant minimums, and ensure that no room containing a furnace, water heater, open-flame heater, or gas meter is designated or used for sleeping. Keeping accurate floor-plan records and conducting periodic inspections helps demonstrate ongoing compliance with these occupancy requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in the District of Columbia have a right to habitable space that meets the minimum size standards set out in D.C. Mun. Regs. tit. 14 et seq. § 14-402, including adequate square footage per occupant and sleeping rooms free from certain heating and gas equipment. If a unit appears to fall short of these requirements, tenants may file a complaint with the District's housing inspection authority or raise the violation as a defense in relevant housing proceedings. Local tenant-rights organizations can help residents understand what documentation to gather and what options may be available under this provision.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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