Source of income law in Washington, D.C.: how the Human Rights Act treats rental income
The District of Columbia Human Rights Act lists source of income among its protected traits. Section 2-1402.21 bars treating a person differently in a real property transaction, in the terms of a lease, in repairs and services, or in advertising, wholly or partially for a discriminatory reason based on source of income. The definition in 2-1401.02 is broad, reaching money from any occupation, contract, settlement, federal or District payments, court-ordered payments and gifts.
How does the D.C. Code define source of income?
Section 2-1401.02(29) defines "source of income" as the point, cause or form of the origination or transmittal of gains of property accruing to a person in a stated period, including money and property secured from any occupation, profession or activity, from any contract, agreement or settlement, from federal or District payments, court-ordered payments, and payments received as gifts, bequests, annuities, life insurance policies and compensation for illness or injury, except in a case where a conflict of interest may exist. The text speaks of "federal or District payments," which is wording a rental subsidy fits, though I did not find the word voucher in the definition.
What acts are prohibited?
Section 2-1402.21(a) says it is an unlawful discriminatory practice to do certain acts wholly or partially for a discriminatory reason based on the actual or perceived traits listed, source of income among them. The acts relevant to a landlord include interrupting, terminating or refusing to start or conduct any transaction in real property, requiring different terms for it, or falsely representing that an interest in real property is not available (paragraph 1); including a clause, condition or restriction in the terms of a transaction (paragraph 2); and refusing or restricting facilities, services, repairs or improvements for a tenant (paragraph 4).
The words "wholly or partially" matter. A source of income reason need not be the only reason to create a problem; if it is part of the decision, the Act is engaged. That is why a written, income-neutral standard applied the same way to every applicant is your best protection.
What does the advertising paragraph say?
Paragraph (5) bars making, printing or publishing, or causing to be made, printed or published, any notice, statement or advertisement for a transaction in real property that unlawfully indicates or attempts to indicate any preference, limitation or discrimination based on the listed traits, including source of income. A listing that excludes tenants by type of income falls inside that rule. Because the same section lists many other traits, review every listing, application form and template as a whole.
Example a made-up landlord updates an old listing on Monday, November 2, 2026. The text read "income must be from employment." The landlord replaces it with the written criteria that apply to everyone, such as a credit and rental history standard, and archives the old text. The update date is noted in the listing file. The landlord does not describe any tenant by income type in later messages.
What should a D.C. landlord do in practice?
- Use one written screening standard, with the same steps, for every applicant.
- Keep any income test based on lawful income of every kind, including subsidies and benefits.
- Do not change terms, repairs or services for a tenant because of how the tenant is paid.
- Keep the application, the checklist and the reason for any denial together.
This post covers 2-1402.21 and the definition only. The Human Rights Act has enforcement provisions and the rental housing chapters have separate rules; read them before you act on a complaint.
Where does DoorKeeping fit?
DoorKeeping keeps your written screening standard, each application, the dates you responded and the reasons in one place, so every applicant gets the same checklist and you can show it. You make the decisions. This is general information, not legal advice: check the current statute, and ask a local attorney if an applicant raises a complaint.
Sources
- D.C. Code 2-1402.21, Prohibitions (D.C. Council, D.C. Law Library), read Oct 30, 2026
- D.C. Code 2-1401.02, Definitions (D.C. Council, D.C. Law Library), read Oct 30, 2026
Questions
- Is source of income protected in D.C. housing?
- Yes. It is a listed trait in D.C. Code 2-1402.21(a).
- Must source of income be the only reason for a violation in D.C.?
- No. The Code covers acts done wholly or partially for a discriminatory reason.
- Can a D.C. listing limit applicants by income type?
- Paragraph (5) bars advertisements that unlawfully indicate a preference or limitation based on source of income.