RENT INCREASES

THE MAXIMUM PERCENTAGE RENT INCREASE (MAY 2024 - APRIL 2025)

In rent-stabilized apartment buildings (generally those constructed in 1975 or earlier), DC law limits the percentage that a tenant’s rent can increase annually. For most tenants, the maximum percent increase is a measure of inflation that is published by the Rental Housing Commission, plus 2%. (For those over age 62 or who are disabled, the maximum is only the measure of inflation.

For the year beginning May 1, 2024, the maximum rent increase for most individuals is 4.9%.

  • The maximum rent increase for tenants over age 62 or those with a disability is 2.9%.

However, if you are under age 62, your maximum rent increase may be lower if you paid a very high rent increase last year. See this web page from the DC Office of the Tenant Advocate (OTA) for more information.

Also, the OTA has an Excel spreadsheet that works as a rent increase calculator.

More information about rent stabilization can be found in “What You Should Know about Rent Control in the District of Columbia” by the DC Department of Housing and Community Development.

the MAXIMUM LEGAL rent increase — not a mandated rent increase.

This fact is made confusing by procedures of the DC government, which require landlords to tell you that it wants to increase your rent by sending you the official DC government RAD-8 form, the “Housing Provider’s Notice to Tenants of Adjustment in Rent Charged.” The form is misleading, because it makes it appear that the rent increase is mandated by law and that it is non-negotiable. Specifically, it states:

  • “The dollar adjustment in your rent charged is: $_________”

  • “The percentage adjustment in your rent charged is: _________%”

  • “Your new rent charged is: $_________”

However, despite this misleading language by the DC government, this is merely the maximum amount that the landlord can charge you if the market will bear it.

Let’s take an example. Equity Residential sends you a government RAD-8 form and a cover letter saying that your rent is being increased to $2,100 next year. However, you look at the Equity Residential website for 3003 Van Ness and you notice that apartments similar to yours are renting for only $1,950. And you find out that similar apartments in other buildings in the neighborhood also rent for less.

YOU SHOULD NEGOTIATE

You can negotiate with Equity to get a rent increase that is lower than the maximum increase allowed by law. You could even ask for a rent reduction if you think you are paying too much. Equity could balk and continue to demand the maximum allowable rent increase, or it could agree to a smaller amount. It is worth your time to attempt to negotiate.

YOU DON’T HAVE TO SIGN A NEW LEASE AFTER YOUR FIRST YEAR

According to DC rental housing law, tenants have the right not to sign a new lease after the first year, and can instead rent month-to-month. This allows you to be able to move before the end of the next calendar year if you wish.

However, Equity Residential management may imply to you that you have to sign a new lease, or it may pressure you to sign a new lease as a condition of getting a rent increase that is less than the maximum legal amount.

CREATE A PAPER TRAIL

It is best to conduct all rent negotiations in writing — this greatly increases the chances that you will be treated according to the law. If you are not certain that you are being treated fairly, contact the tenant association or the DC Office of the Tenant Advocate for advice.

THE RENT CONCESSION SCAM

For many years, Equity Residential and some other large DC landlords circumvented rent stabilization laws by tricking new tenants into signing leases with the “rent” listed as e.g., $1,000 per month above the actual rent, while offering a $1,000 “concession,” a supposed discount. It then used the extremely high figure on the lease to calculate the rent increase for the following year. Although tenants obviously could not afford to pay a rent increase of more than $1,000 per month, Equity used this to pressure tenants to sign new leases with rent increases that often exceeded the legal limits.

The Van Ness South Tenants Association has battled Equity Residential over this practice for many years — in court, by reporting it to the DC Attorney General (who filed suit) and by passing a law that affirmed that the word “rent'“ means the amount that a tenant actually pays per month.

Although VNSTA largely has won this battle, Equity Residential still pursues tenant association president Harry Gural in court, claiming that he owes more than $50,000 above the legal rent.