D.C. Code tit. 42 § 42-3541.03
Exclusions.
Operative Text
This chapter shall not apply: (1) To a housing provider that owns and occupies a housing accommodation that includes 3 or fewer rental units; (2) Where a federal law or regulation or District law requires the consideration of an applicant's criminal history for the purposes of obtaining a housing accommodation; or (3) Where a federal law or regulation or District law otherwise allows for denial of an applicant due to certain criminal convictions.
D.C. Code § 42-3541.01 et seq. § 42-3541.03 carves out three situations where the District's fair criminal screening rules for housing do not apply: when a housing provider both owns and lives in a building with three or fewer rental units, when federal or District law requires consideration of an applicant's criminal history, and when federal or District law expressly permits denial based on certain criminal convictions. These exclusions mean the chapter's protections and obligations are not universal — they depend on the size and ownership structure of the property and on whether other laws independently govern the screening process. Where an exclusion applies, the chapter's requirements simply do not take effect.
Plain English — not legal advice.
Housing providers who both own and personally occupy a building with three or fewer rental units are not subject to the requirements of D.C. Code § 42-3541.01 et seq. § 42-3541.03, and operators in that category generally document their owner-occupancy status to support that position. Providers whose properties are governed by federal programs or other District laws that independently mandate or permit criminal-history screening should identify which specific legal authority applies, since those external requirements can also trigger an exclusion. Operators who believe an exclusion applies typically review both their property characteristics and any applicable federal or District program rules before determining how to proceed with applicant screening.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3541.01 et seq. § 42-3541.03 limits the reach of the District's fair criminal screening protections, so tenants and applicants should be aware that not every rental situation is covered. If a housing provider claims an exclusion — for example, asserting owner-occupancy of a small building or reliance on a federal program requirement — understanding whether that claim is accurate can be important to knowing what rights apply. Tenants who believe a provider has incorrectly invoked an exclusion may consider consulting a tenant-rights organization or the District's relevant housing agencies to explore available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.