D.C. Code tit. 8 § 8-241.05
Violations.
Operative Text
(a) In a private cause of action, claim, or defense by a tenant against a residential property owner for a violation of Title 12G of the District of Columbia Municipal Regulations (12G DCMR § 101G et seq.) (“Property Maintenance Code”) or Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 100 et seq.) (“Housing Code”): (1) A professional indoor mold assessment finding indoor mold contamination in a tenant’s dwelling unit or a common area of the property shall create a rebuttable presumption of a violation of the property owner’s obligation to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code. To establish the presumption, the tenant must demonstrate that the property owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant’s dwelling unit. (2) When ruling in favor of a tenant with respect to a Property Maintenance Code or Housing Code violation based on a professional mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when: (A) The tenant discovered the indoor mold; (B) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant’s dwelling unit; (C) The residential property owner received the indoor mold assessment in written or electronic form; (D) The residential property owner did not remediate the indoor mold within 60 days; and (E) The court finds that the residential property owner acted in bad faith. (b) In issuing a notice of violation to a property owner for failure to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code, the Mayor shall have discretion to rely upon a professional indoor mold assessment. (c) Not Funded. (d) Not Funded.
Under D.C. Code § 8-241.01 et seq. § 8-241.05, a professional indoor mold assessment that finds mold contamination in a rental unit creates a rebuttable presumption that the property owner has violated DC's Property Maintenance Code and Housing Code obligations to keep the property free of defective surface conditions. If a court rules in a tenant's favor based on such an assessment, it may award reimbursement of assessment costs, attorney fees, and court costs. Additionally, when a property owner receives a written mold assessment, fails to remediate within 60 days, and is found to have acted in bad faith, the court has discretion to award the tenant treble damages.
Plain English — not legal advice.
D.C. Code § 8-241.01 et seq. § 8-241.05 establishes that property owners who receive a professional indoor mold assessment documenting contamination face a rebuttable presumption of a Housing Code or Property Maintenance Code violation. Compliant operators generally document receipt of any mold assessment, act promptly to remediate identified mold contamination, and complete remediation well within the 60-day window the statute references to avoid exposure to bad-faith findings. The Mayor also has discretion under this provision to rely on professional mold assessments when issuing notices of violation, making timely and thorough remediation a standard operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 8-241.01 et seq. § 8-241.05 gives tenants a meaningful tool in private legal actions: a professional indoor mold assessment finding contamination in their unit can create a rebuttable presumption that the landlord violated DC's Property Maintenance Code and Housing Code. Tenants who prevail in such actions may be eligible for reimbursement of assessment costs, attorney fees, and court costs, and if the landlord received the assessment, failed to remediate within 60 days, and acted in bad faith, a court may award treble damages. Tenants who believe this provision applies to their situation may consider consulting a tenant-rights organization or legal aid provider to understand the range of options available, including raising a violation as a defense or pursuing a private cause of action.
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
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation