DC's New Pets in Housing Amendment Act Strikes A Blow For The Furry
By Susan Isaacs
The Act puts the leash on rental companies who discriminate against specific breeds and sizes of dogs, and curbs pet fees and “pet rent,” too.
DC Council member Robert White sponsored the bill to “reduce housing barriers to pets” and increase access to affordable housing and shelters for pet owners.
The Act allows landlords to require prospective tenants to pay a refundable security deposit associated with the residence of common household pets in the rental unit if:
- The pet security deposit doesn’t exceed 15% of the monthly rent amount in addition to a lawful security deposit;
- The pet security deposit is withheld only for compensation for damages directly caused by a common household pet, and not due to ordinary wear and tear. The tenant can be held responsible for any damages in excess of ordinary wear and tear by the pet that exceed the total amount of the security deposit and pet deposit;
Landlords can also require tenants to pay “pet rent” if:
- The additional rent charged for each common household pet that is a dog doesn’t exceed 1% of the first full month’s rent (ex: $3,000./mo. rent maxes out at $30. additional “pet rent”);
- And the amount of additional rent charged for all other common household pets may not cumulatively exceed 1% of the first full month’s rent.
Landlords can establish reasonable pet policies to ensure the safety and maintenance of the property, including limitations on the number of common household pets permissible in a dwelling unit.
The Act also restricts housing providers from imposing restrictions on tenancy, fees or rent based on a pet’s breed, size, or weight.
So, landlords can’t deny a lease or charge more just because a dog is a pit bull or Bull Mastiff, or bcause a cat is an Ocicat or Bengal.
And some shelters for the unhoused must allow pets.
Sec. 3. Section 7 of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-753.01) new subsection (j) says:
- The Department shall ensure that at least one low barrier shelter has space available for residents who are homeless and accompanied by a common household pet (see definition in section 103(6A) of the Rental Housing Act of 1985, D.C. Official Code § 42-3501.03(6A)).
And, as was already the case, no additional “pet rent” or security deposit can be required for a service or assistance animal required by a tenant with a disability as a reasonable accommodation under local or federal law.
The amended law will be in effect for residential leases beginning after October 1, 2025. Leases renewed on or after October 1, 2025, will be subject to the new requirements.
FAQ
Definition of “common household pet”
A domesticated animal traditionally kept in the home for pleasure rather than for commercial purposes, including :
- Domestic dogs, excluding hybrids with wolves, coyotes, or jackals;
- Domestic cats, excluding hybrids with ocelots or margays*;
- Domesticated rodents and rabbits;
- Captive-bred species of common cage birds;
- Non-venomous snakes, fish, and turtles;
- Ferrets.
*It is perplexing that the Act notes these specific hybrid breeds since The Bristol was the primary domestic cat hybrid associated with the margay, and it is now extinct due to infertility issues. There are no widely recognized or available domestic cat hybrids known to be derived from the ocelot, according to feline experts.
- Some breeds, like the Ocicat, are named for their resemblance to ocelots but contain no recent wild DNA.
- The Serengeti is a domestic cat breed that was specifically developed to resemble the wild serval’s features without any serval blood.
- The Bengal is a hybrid of the Asian leopard cat with various domestic cats, particularly the Egyptian mau.
The feline breed that could have been applicable to the hybrid exclusion rule based on its DNA is the Savannah cat. They are true hybrids with wild ancestry that are a cross between a serval and domestic cat. But the serval was not named in the Act, and most states and cities consider them domesticated pets. They’re the largest type of recognized and registered U.S. cat breed.
So seemingly, few–or no–cat breeds except pure-bred ocelots or margays would be subject to this provision, and even that is questionable since the Act specifies “hybrid.” Curious.
Similarly, a number of domestic dog breeds are often confused with wild cross-breeds.
Actual wolf, coyote and jackal hybrids are:
- Czechoslovakian Wolfdog: Cross between German Shepherd and Carpathian wolf
- Saarloos Wolfdog: Developed from German Shepherds and Mackenzie Valley wolves
- Volkosob: Russian hybrid of German Shepherds and Caspian Steppe Wolves
- Lupo Italiano: Hybrid of German Shepherds and wild wolves
- Coydog: Cross between a coyote and domestic dog
- Coywolf/Eastern Coyote: Hybrid found in eastern North America that results from the interbreeding of wolves, coyotes, and domestic dogs
- Sulimov Dog: Jackal-dog
Is your pet exempt from the hybrid provision? You may need a feline family tree, DNA test and a pet attorney to prove it!
Exemptions To The Act
The Act generally applies to privately owned, pet-friendly housing. It doesn’t mandate that landlords allow pets (except some low-barrier shelters). It does govern policies in buildings already open to companion animals.
The law does not override certain federal exemptions under the Fair Housing Act (FHA).
Public Housing and Federally Funded Housing:
Some properties, including those of public housing agencies and those receiving federal funding, are exempt from certain aspects of the FHA, and may have different pet policies.
Single-Family Homes & Owner-Occupied Units:
Landlords who own a single-family home or live in a building with four or fewer units and are renting out the other units may be exempt from certain FHA provisions regarding pets.
New Buildings:
The law does not force landlords to change their existing “no-pets” policy; it only applies to properties that are already pet-friendly, according to the Animal Legal Defense Fund.
Service and Assistance Animals:
Landlords are required to make reasonable accommodations for service or assistance animals, even in buildings with “no-pets” policies, as long as the animal is for a tenant with a disability and poses no threat or nuisance.
Property Owner Responsibility
Landlords can still implement their own reasonable pet policies regarding the number of animals, safety, and maintenance of the property, as long as these policies are not discriminatory.
AUTHOR
Skilled Realtor® Susan Isaacs is a 20+ year residential real estate and new construction veteran with expertise in buyer and seller representation, investor representation, new homes, relocation and exchanges.
Licensed in the District of Columbia and Virginia since 2008.
Susan Isaacs, Realtor®
- GCAAR Gold Award 2024
- America’s Best Real Trends 2024
- Modern Luxury Top Teams 2024
- Compass Top Teams 2024
Compass is the #1 real estate brokerage in the nation and a leader in real estate technology.
Disclaimer: This post is offered for informational purposes only and should not be construed as financial or legal advice, design or construction advice. Home buyers and sellers must always perform their won due diligence and seek counsel from licensed professionals such as CPAs and attorneys when making choices relating to a real estate transaction. We do not endorse individual service providers and citations should not be considered endorsements.