D.C. Code tit. 42 § 42-3505.11
Prohibition on separately billing a housing accommodation's utility charges to tenants.
Operative Text
(a) Beginning on January 1, 2027, a housing provider, or any third party contracted by the housing provider, shall not separately charge tenants, other than through monthly rent, for the utility charges accrued by the housing accommodation for its common spaces or vacant units. (b) Nothing in this section shall prevent a housing provider from using a Ratio Utility Billing System to allocate master-metered utility charges to tenants, subject to the limitations of this section. (c) For the purposes of this section, the term: (1) "Common space" means all portions of the premises used in common by the occupants of a building or structure not under the exclusive control of a single tenant, including: (A) Lobbies; (B) Leasing offices; (C) Business centers; (D) Pools; and (E) Fitness centers. (2) "Ratio Utility Billing System" means a program that utilizes a mathematical formula for allocating, among the tenants and property ownership in a residential building, their share of the actual or anticipated water, sewer, electrical, oil, or natural gas charges billed to the housing provider from a direct or third-party provider of any such utility service. Permitted allocation methods may include formulas based on square footage, occupancy, or number of bedrooms. (3) "Utility" means: (A) Electricity usage; (B) Gas usage; (C) Wastewater and sewage disposal service usage; (D) Water consumption or usage; or (E) Internet or telephone usage.
Under D.C. Code § 42-3501.01 et seq. § 42-3505.11, effective January 1, 2027, housing providers in the District of Columbia are prohibited from passing through to tenants—outside of monthly rent—the utility costs associated with common areas such as lobbies, pools, and fitness centers, or with vacant units. The rule does permit housing providers to use a Ratio Utility Billing System (RUBS) to allocate master-metered utility costs among tenants, provided that allocation follows an approved formula such as square footage, occupancy, or bedroom count. Utilities covered by this provision include electricity, gas, water, wastewater, and internet or telephone service.
Plain English — not legal advice.
Housing providers subject to D.C. Code § 42-3501.01 et seq. § 42-3505.11 generally review their billing practices well before the January 1, 2027 effective date to ensure that charges for common-space and vacant-unit utilities are not passed to tenants as separate line items outside of rent. Operators who use a Ratio Utility Billing System confirm that their allocation methodology—whether based on square footage, occupancy, or bedroom count—complies with the limitations set out in the provision. Third-party billing vendors contracted by the housing provider are equally bound by this rule, so compliant operators typically verify that any such contracts reflect the new requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Beginning January 1, 2027, D.C. Code § 42-3501.01 et seq. § 42-3505.11 gives tenants the right not to be separately charged—outside of monthly rent—for utility costs tied to common spaces like lobbies or fitness centers, or to vacant units in the building. If a housing provider or their billing agent issues such charges, tenants may wish to document the billing, review their lease terms, and explore options such as raising the issue with a local tenant-rights organization or filing a complaint with the relevant District of Columbia housing authority. Tenants who receive utility allocations through a Ratio Utility Billing System can also examine whether the allocation formula used by their housing provider falls within the methods permitted under this section.
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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