14 DCMR § 14-406
SUBDIVISION OF HABITABLE ROOMS
Operative Text
406.1 No habitable room shall be divided in any manner into space intended for living, sleeping, eating, or cooking purposes by an installed partition or divider of any type above four feet (4 ft.) in height, unless each such subdivided part complies with the requirements for a habitable room, except as otherwise provided in this section. 406.2 The enclosure of cabinet-type kitchenettes by doors or other closing devices, where those kitchenettes are too small to be occupied when the doors or other closing devices are closed in a normal manner, and where those kitchenettes are continuously mechanically ventilated, at least when closed, shall not be deemed to subdivide the room. 406.3 If any separation of a habitable room leaves a clear unobstructed opening between the parts of that habitable room at least equal to eighty percent (80%) of the cross sectional area of that part of the room receiving its light through any other part, that separation shall not be in violation of this section.
Under D.C. Mun. Regs. tit. 14 et seq. § 14-406, habitable rooms in the District of Columbia may not be split into separate living, sleeping, eating, or cooking spaces using a partition or divider taller than four feet unless each resulting section independently meets the standards for a habitable room. Two narrow exceptions exist: enclosed cabinet-style kitchenettes that are too small to occupy when closed and are continuously mechanically ventilated do not count as a subdivision, and a separation that leaves an unobstructed opening of at least 80% of the cross-sectional area of the affected portion is also exempt. The rule is designed to ensure that any space used for living purposes meets minimum habitability standards regardless of how it is physically arranged.
Plain English — not legal advice.
Property owners and managers operating in the District of Columbia should be aware that § 14-406 of D.C. Mun. Regs. tit. 14 et seq. restricts how habitable rooms may be physically divided. Compliant operators generally ensure that any installed partition or divider taller than four feet does not create a sub-space unless that sub-space independently satisfies all habitable-room requirements, including adequate light, ventilation, and minimum dimensions. Operators who use cabinet-style kitchenettes or partial separations should verify that those configurations fall within the specific exemptions described in § 14-406.2 and § 14-406.3, such as continuous mechanical ventilation or the 80% open-area threshold.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in the District of Columbia are protected by D.C. Mun. Regs. tit. 14 et seq. § 14-406, which limits how landlords may subdivide the rooms in a rental unit. If a landlord has installed a tall partition that creates a space used for living, sleeping, eating, or cooking that does not independently meet habitable-room standards, that arrangement may constitute a violation of § 14-406. Tenants who believe their unit does not comply with this provision may consider documenting the conditions, contacting the District's housing inspection authorities, or reaching out to a local tenant-rights organization to understand 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.
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