D.C. Code tit. 42 § 42-3302
Opportunity for tenants to receive service in own names; payments made by tenants.
Operative Text
(a) Wherever an owner, agent, lessor or manager of an apartment house is billed directly by a company, electricity supplier, natural gas supplier, or gas company (any of which shall be referred to as “company”) for service furnished to such apartment house not occupied exclusively by such owner, agent, lessor or manager, and such company has actual or constructive knowledge that the tenants of such apartment house are not the persons to whom the company sends its bills, such company shall not terminate such service for nonpayment of a delinquent account owed to such company by such owner, agent, lessor or manager unless such company provides an opportunity, where practicable, for such tenants to receive service in their own names, either individually or collectively, without any liability for the amount due while service was billed directly to the lessor, owner, agent or manager. Security deposits or guarantees of payment may only be required as provided in part V of the Consumer Bill of Rights, Public Service Commission of the District of Columbia Order No. 6084 (15 DCMR 307) and the Public Service Commission of the District of Columbia Formal Case No. 760 (15 DCMR 409); provided, however, if it is not practicable for such tenants to receive service in their own names, the company shall not terminate service to such apartment house but may pursue the remedy provided in § 42-3303 . (b) Any payments made by the tenants of any apartment house pursuant to subsection (a) of this section shall be deemed to be in lieu of an equal amount of rent or payment for use and occupancy and each tenant shall be permitted to deduct such amounts from any sum of rent or payment for use and occupancy due and owing or to become due and owing to the owner, agent, lessor or manager. (c) Nothing in this section shall be construed to prevent the company from pursuing any other action or remedy at law or equity that it may have against the owner, agent, lessor or manager.
D.C. Code § 42-3302 establishes that when a utility company bills a landlord directly for service at a multi-tenant building and knows tenants are not the billed parties, it generally cannot cut off service simply because the landlord has an unpaid balance. Instead, the company must first offer tenants the opportunity to take over service in their own names—individually or collectively—without being held responsible for the landlord's prior debt. If tenants do begin paying the utility directly under this arrangement, those payments count as rent, meaning tenants may deduct equivalent amounts from what they owe the landlord.
Plain English — not legal advice.
Under D.C. Code § 42-3302, landlords who are billed directly for utility service in multi-tenant buildings should be aware that a delinquent account can trigger a process in which the utility company offers tenants the right to assume service in their own names. Compliant operators generally keep utility accounts current to avoid this scenario, since tenants who take over service are legally permitted to deduct those payments from their rent obligations. Landlords should also understand that the utility retains the right to pursue separate legal remedies against the owner or manager for any outstanding balance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3302 gives tenants in apartment buildings important protections when a landlord falls behind on utility bills: the utility company must generally offer tenants the chance to take over service in their own names before shutting it off, and tenants cannot be held liable for the landlord's prior debt. If tenants do pay the utility directly under this arrangement, those payments are treated as rent under the law, and tenants are permitted to deduct equivalent amounts from future rent owed. Tenants who believe these protections are being violated may consider contacting the Public Service Commission of the District of Columbia, a local tenant-rights organization, or seeking guidance from a legal aid provider familiar with D.C. utility and housing law.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation