Landlord retaliation law in Washington, D.C.: a six-month presumption that takes clear and convincing evidence to rebut
In the District, section 42-3505.02 bars a housing provider from retaliating against a tenant who exercises any right under the rental housing chapter or any other law. Retaliatory action can include an unlawful rent increase, a service decrease, harassment, refusing to renew or terminating a tenancy without cause. If the tenant did one of six listed things in the preceding six months, the trier of fact presumes retaliation and rules for the tenant unless the provider offers clear and convincing evidence.
What conduct counts as retaliatory action?
Subsection (a) is broad. No housing provider may take retaliatory action against a tenant who exercises any right conferred by the chapter, by a rule or order under it, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law that seeks to recover possession, an action that would unlawfully increase rent, decrease services, increase the tenant's obligations, or cause undue or unavoidable inconvenience, violate the tenant's privacy, harass, reduce the quality or quantity of service, refuse to honor a lease or any provision of it, refuse to renew a lease, terminate a tenancy without cause, or any other form of threat or coercion.
What triggers the presumption?
Subsection (b) lists six acts in the six months preceding the housing provider's action: a witnessed oral or written request to make repairs needed to comply with the housing regulations; contacting District officials, orally before a witness or in writing, about violations in the unit or building, or reporting suspected violations; legally withholding rent after reasonable notice of a violation; organizing, belonging to or being involved in lawful activities of a tenant organization; making an effort to secure or enforce rights under the lease or contract; or bringing legal action against the housing provider.
When one of those happened in the six months before your action, the trier of fact must presume retaliation and enter judgment for the tenant unless you come forward with clear and convincing evidence to rebut it. That is a higher bar than in most states.
Example a made-up tenant sends a witnessed written repair request on Monday, November 2, 2026. For any action the housing provider takes through Sunday, May 2, 2027, the presumption applies. A notice for a lease violation dated Wednesday, March 3, 2027 sits inside the window; the housing provider needs clear and convincing evidence, such as dated records showing the violation existed and was documented earlier.
How do you build a rebuttal before you need one?
- Date and keep every inspection, photo and written warning at the time the issue arises, not afterward.
- Keep the ledger and a log of the rent due dates for any nonpayment ground, and keep the 10-day notice and its delivery proof.
- Apply rules and rent changes the same way across tenants, in writing.
- Answer repair requests in writing and record repairs.
The same evictions section, 42-3505.01, controls which grounds exist at all, and a month-to-month tenant can be removed only for a listed ground. Read both sections before acting on a tenant who recently complained. Note also the breadth of the list in subsection (a): an unwelcome entry, a changed rule or a refusal to renew can each be pleaded as retaliation, not only a rent increase or an eviction filing. Evidence that you treat similar units the same way, kept in writing before any complaint, is the most useful thing to have in the file.
Where does DoorKeeping fit?
DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.
Sources
- D.C. Code 42-3505.02, Retaliatory action (D.C. Council, D.C. Law Library), read Oct 30, 2026
- D.C. Code 42-3505.01, Evictions (D.C. Council, D.C. Law Library), read Oct 30, 2026
Questions
- What is the D.C. retaliation presumption period?
- Six months preceding the housing provider's action (42-3505.02(b)).
- What proof rebuts the D.C. presumption?
- Clear and convincing evidence from the housing provider.
- Is refusing to renew a lease retaliation in D.C.?
- It can be. Retaliatory action includes refusal to renew a lease and termination of a tenancy without cause (42-3505.02(a)).