D.C. Code tit. 42 § 42-3502.13
Vacant accommodation.
Operative Text
(a) When a tenant vacates a rental unit on the tenant's own initiative or as a result of a notice to vacate for nonpayment of rent, violation of an obligation of the tenant's tenancy, or use of the rental unit for illegal purpose or purposes as determined by a court of competent jurisdiction, the housing provider may elect to increase the amount of rent charged by: (1) 10% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for 10 years or less; or (2) 20% of the current allowable amount of rent charged for the vacant unit, if the previous tenant occupied the unit for more than 10 years. (b) No increase under this section shall be permitted unless the housing accommodation has been registered under § 42-3502.05(f) . (c) No rent increase under subsection (a) may be sought or granted within the 12-month period following the implementation of any rent increase pursuant to § 42-3502.12 . (d) As part of a lease agreement for a new tenancy, the housing provider shall disclose to the tenant on a form published by the Rent Administrator: (1) The rent charged for the rental unit at the commencement of the tenancy; and (2) The amount of the increases in the rent charged for the rental unit during the preceding 3 years, including the basis for each rent adjustment. (e) Repealed.
Under D.C. Code § 42-3502.13, when a tenant voluntarily leaves a rental unit or is removed for nonpayment, lease violations, or illegal use (as determined by a court), the housing provider is permitted to raise the rent by a set percentage upon re-renting. The allowable increase is 10% of the current lawful rent if the departing tenant lived there for 10 years or less, or 20% if the tenancy exceeded 10 years. This vacancy increase is only available if the property is properly registered, and it cannot be applied within 12 months of a rent increase already taken under § 42-3502.12. Additionally, new tenants must receive a written disclosure of the starting rent and any rent increases from the prior three years.
Plain English — not legal advice.
Housing providers operating under D.C. Code § 42-3502.13 who wish to take a vacancy increase generally ensure their property is registered under § 42-3502.05(f) before attempting to apply any such adjustment. Compliant operators track how long the previous tenant occupied the unit—since the allowable increase differs between tenancies of 10 years or less (10%) and those exceeding 10 years (20%)—and verify that no rent increase under § 42-3502.12 was implemented within the preceding 12 months. At the start of each new tenancy, operators use the form published by the Rent Administrator to disclose the initial rent charged and the history of rent adjustments over the prior three years.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under D.C. Code § 42-3502.13, incoming tenants in the District of Columbia are entitled to a written disclosure—on a Rent Administrator form—showing the rent at the start of the new tenancy and any rent increases that occurred during the three years before they moved in. If a housing provider attempts a vacancy increase without meeting the registration requirement, the 12-month cooling-off period, or the correct percentage cap, a tenant may have grounds to challenge the increase before the Rent Administrator or the Office of Administrative Hearings. Tenant-rights organizations in D.C. can help renters understand whether a vacancy increase applied to their unit complies with the conditions set out in § 42-3502.13.
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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