Covered housing providers may not ask anything related to criminal background before they have
made a conditional offer of housing to the applicant. Exceptions apply for some housing providers,
including:
• housing providers that live in their own building and that has 3 or less rental units; and
• when federal law or DC law requires housing providers to consider criminal history , or allows for
denial of an applicant due to certain criminal convictions.
Additionally, housing providers may not inquire into or require an applicant to disclose or reveal,
pending criminal accusations or convictions of an individual under 18 years of age who will reside
in the rental unit.
Criminal Background Screenings and Housing
- Preview of Law for Housing Providers -
Introduction
Beginning October
1, 2017, the District of Columbia Office of Human Rights (OHR) will be charged with
enforcing the Fair Criminal Screening for Housing Act of 2016, which prevents unlawful screening of
a housing applicant’s criminal background. The law imposes several new requirements for rental
housing providers including: (1) provision of written notice of rent eligibility criteria to applicants; and
(2) not making an inquiry or asking any questions related to an applicant’s criminal background or
arrest history at any time prior to making a conditional offer of housing to the applicant. Applicants
who believe a housing provider has violated the law may file a free complaint with OHR.
Housing Providers Subject to the Law
ohr.dc.gov phone: (202) 727-4559 fax: (202) 727-9589 441 4th Street NW, Suite 570N, Washing ton, DC 20001
- section continued on next page -
What the Law Requires of Covered Housing Providers
Application Process Requirements
A housing provider must provide the following written notices to applicants before an application is
accepted, received, or before accepting an application fee:
• all eligibility criteria used in deciding whether to rent to the applicant, including financial,
employment, criminal and rental history; and
• a statement that applicants may provide evidence of errors within their criminal record,
rehabilitation or other mitigating factors.
Criminal Background Inquiries
A housing provider may not inquire, directly or indirectly, into any criminal background information
before making a conditional offer of housing – this includes arrests. The law defines a conditional
offer as an offer to rent or lease a rental unit that is contigent on: (a) the housing provider’s lawful
inquiry into the applicant’s criminal record; or (b) any other eligibility criteria that the housing
provider may utilize.
(updated September 11, 2017)