{"data":{"id":"us-dc/d.c.-code-42-3541.02","jurisdiction":"us-dc","citation":"D.C. Code § 42-3541.02","heading":"Inquiries into certain arrests, accusations, and convictions.","body":"(a)\nA housing provider may not make an inquiry about or consider a previous arrest of the applicant if the arrest did not result in a conviction.\n\n(b)\n(1)\nBefore making a conditional offer, a housing provider may not make an inquiry about or require an applicant to disclose or reveal a pending criminal accusation or criminal conviction.\n(2)\nNotwithstanding paragraph (1) of this subsection, a housing provider may have an applicant complete and sign all required paperwork authorizing the housing provider to perform an inquiry or any other check related to the eligibility criteria the housing provider may use in deciding whether to rent or lease to an applicant.\n\n(c)\n(1)\nBefore accepting an application fee, a housing provider must disclose, in writing, to the applicant:\n\n(A)\nThe eligibility criteria, including the financial, employment, criminal, and rental history criteria, used in deciding whether to rent or lease to the applicant; and\n\n(B)\nA statement that the applicant may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.\n\n(d)\nAfter making a conditional offer, a housing provider may only consider a pending criminal accusation or criminal conviction that has occurred within the past 7 years when the pending criminal accusation or criminal conviction is for one or more of the following crimes, whether committed in the District of Columbia or any other state, or the United States:\n(1)\nArson under § 22-301;\n(2)\nBurning one's own property with intent to defraud or injure another under § 22-302;\n(3)\nMalicious burning, destruction, or injury of another's property under § 22-303;\n(4)\nBurglary under § 22-801;\n(5)\nAssault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse under § 22-401;\n(6)\nAssault with intent to commit mayhem or with dangerous weapon under § 22-402;\n(7)\nAggravated assault under § 22-404.01;\n(8)\nMayhem or maliciously disfiguring under § 22-406;\n(9)\nMaking, drawing, or uttering check, draft, or order with intent to defraud under § 22-1510;\n(10)\nAttempt to commit a crime under § 22-1803, if the attempt is to commit a crime listed in this subsection;\n(11)\nConspiracy to commit a crime under § 22-1805a, if the conspiracy is to commit a crime listed in this subsection;\n(12)\nTrafficking in labor or commercial sex acts under § 22-1833;\n(13)\nSex trafficking of children under § 22-1834;\n(14)\nKidnapping under § 22-2001;\n(15)\nMurder in the first degree under § 22-2101;\n(16)\nMurder in the first degree under § 22-2102;\n(17)\nMurder in the second degree under § 22-2103;\n(18)\nManslaughter as penalized under § 22-2105;\n(19)\nMurder of law enforcement officer under § 22-2106;\n(20)\nSolicitation of murder or other crime of violence as penalized under § 22-2107;\n(21)\nAbducting, enticing, or harboring a child for the purpose of prostitution; harboring such child under § 22-2704;\n(22)\nRobbery under § 22-2801;\n(23)\nAttempt to commit robbery under § 22-2802;\n(24)\nFirst degree sexual abuse under § 22-3002;\n(25)\nSecond degree sexual abuse under § 22-3003;\n(26)\nFirst degree child sexual abuse under § 22-3008;\n(27)\nSecond degree child sexual abuse under § 22-3009;\n(28)\nFirst degree sexual abuse of a minor under § 22-3009.01;\n(29)\nSecond degree sexual abuse of a minor under § 22-3009.02;\n(30)\nFirst degree sexual abuse of a ward, patient, client, or prisoner under § 22-3013;\n(31)\nSecond degree sexual abuse of a ward, patient, client, or prisoner under § 22-3014;\n(32)\nFirst degree sexual abuse of a patient or client under § 22-3015;\n(33)\nSecond degree sexual abuse of a patient or client under § 22-3016;\n(34)\nActs of terrorism under § 22-3153;\n(35)\nManufacture or possession of a weapon of mass destruction under § 22-3154;\n(36)\nUse, dissemination, or detonation of a weapon of mass destruction under § 22-3155;\n(37)\nFraud under § 22-3221;\n(38)\nCredit card fraud under § 22-3223;\n(39)\nInsurance fraud in the first degree under § 22-3225.02;\n(40)\nInsurance fraud in the second degree under § 22-3225.03;\n(41)\nForgery under § 22-3241;\n(42)\nProhibited acts A under § 48-904.01, excluding subsection (d)(1) of this section;\n(43)\nProhibited acts B under § 48-904.02;\n(44)\nProhibited acts C under § 48-904.03;\n(45)\nProhibited acts D under § 48-904.03a;\n(46)\nDistribution to minors under § 48-904.06;\n(47)\nEnlistment of minors to distribute under § 48-904.07; and\n(48)\nAttempt or conspiracy to commit a crime under § 48-904.09, if the attempt or conspiracy is to commit a crime listed in this subsection.\n\n(e)\n(1)\nA housing provider may withdraw a conditional offer based on an applicant's pending criminal accusation or a criminal conviction that has occurred within the past 7 years under subsection (d) of this section only if the housing provider determines, on balance, that the withdrawal achieves a substantial, legitimate, nondiscriminatory interest.\n(2)\nThe housing provider's determination of such an interest must be reasonable in light of the following factors:\n(A)\nThe nature and severity of the criminal offense;\n(B)\nThe age of the applicant at the time of the occurrence of the criminal offense;\n(C)\nThe time which has elapsed since the occurrence of the criminal offense;\n(D)\nAny information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;\n(E)\nThe degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and\n(F)\nWhether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.\n\n(f)\n(1)\nIf a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and a notice that advises the applicant of the applicant's right to file an administrative complaint with the Office of Human Rights.\n(2)\n(A)\nThe applicant may request, within 20 days after the housing provider's  notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.\n(B)\nA housing provider shall provide the information requested under subparagraph (A) of this paragraph, free of charge, within 10 days after receipt of a timely request.\n\n(g)\nNothing in this section shall be construed to allow a housing provider to make an inquiry about or require an applicant to disclose or reveal a pending criminal accusation or criminal conviction of an individual under 18 years of age who will reside in the rental unit.","path":["Title 42. Real Property.","Chapter 35B. Fair Criminal Record Screening for Housing."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/42-3541.02","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"659f0385dfeda017c43c0708d2d8cff1bd7ea3a5d03d2ff355451b192ca58744","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-42-3541.01","next":"us-dc/d.c.-code-42-3541.03"},"notice":"GroundRules: Original legal text. Not legal advice."}