Fair housing compliance is one of the highest-risk areas for landlords in Washington DC, Virginia, and Maryland — and one of the most frequently misunderstood. DC’s Human Rights Act (DC Code § 2-1402.21) provides broader protections than federal law, covering over 20 protected characteristics. Virginia’s fair housing code and Maryland’s state law add additional layers. A single misstep in advertising copy, tenant screening, or lease terms can result in a discrimination complaint, investigation, and significant financial exposure. This guide outlines what DC metro landlords must understand about fair housing law as of 2026.
DC’s Human Rights Act (DC Code § 2-1402.21) prohibits housing discrimination based on actual or perceived:
DC’s protected class list is significantly broader than federal fair housing law (which covers race, color, national origin, religion, sex, disability, and familial status) and broader than most other jurisdictions. The source of income protection is particularly important: DC landlords may not reject applicants solely because they hold a Housing Choice Voucher (Section 8), receive Social Security disability, or have other non-employment income — provided the applicant otherwise meets income and credit criteria.
Virginia’s Fair Housing Law (Virginia Code § 36-96.1 et seq.) prohibits discrimination based on race, color, religion, national origin, sex, elderliness, familial status, source of funds (in certain localities), and disability. Virginia added source-of-funds protection in certain localities — Arlington County, Alexandria City, and Fairfax County have each adopted local ordinances requiring landlords to accept housing vouchers. Landlords in these Northern Virginia jurisdictions must accept Housing Choice Vouchers from otherwise-qualified applicants.
Virginia also prohibits discriminatory advertising, steering, and blockbusting under § 36-96.3. The Virginia Real Estate Board and the Office of Fair Housing can investigate complaints and refer cases for civil action.
Maryland’s Fair Housing Law prohibits discrimination based on race, color, religion, sex, familial status, national origin, marital status, physical or mental disability, and source of income. Montgomery County and Prince George’s County, where many Gordon James Realty-managed properties are located, both have local ordinances with source of income protections that extend to housing voucher holders. Baltimore City similarly prohibits source-of-income discrimination. Maryland landlords who manage properties in these counties must accept housing vouchers from qualified applicants.
DC’s Fair Criminal Record Screening Amendment Act (DC Code § 2-1402.68) significantly restricts how DC landlords may use criminal history in tenant screening:
This law applies to all DC residential rental properties. Violations can result in complaints to the DC Office of Human Rights (OHR) and potential civil liability.
DC, Virginia, and Maryland landlords may lawfully decline a rental applicant based on legitimate, documented, and consistently applied criteria that are unrelated to protected characteristics:
The best protection against a discrimination complaint is documented, consistent, written criteria applied identically to every applicant before you review a single application. Before listing any DC property, write down your specific screening criteria: minimum income, minimum credit score, references required, lease term offered, pet policy. Apply every criterion in the same way to every applicant. If you decline an applicant, document the specific objective reason. Never communicate or document subjective reasons tied to any protected characteristic.
Fair housing complaints in DC are handled by the DC Office of Human Rights (OHR), which has authority to investigate, subpoena records, and refer matters to the Office of the Attorney General. In Virginia, complaints are handled by the Virginia Real Estate Board and local fair housing agencies. In Maryland, the Maryland Commission on Civil Rights handles complaints, with additional local agencies in Montgomery County and Prince George’s County.
Gordon James Realty manages rental properties across Washington DC, Northern Virginia, and Maryland with full fair housing compliance protocols, standardized screening criteria, and professionally documented application processes. Learn more about our residential property management services or contact our team.
Can a DC landlord refuse to rent to a Section 8 (Housing Choice Voucher) tenant?
No. DC Code § 2-1402.21 prohibits discrimination based on source of income, which includes Housing Choice Vouchers (Section 8). A DC landlord who refuses to rent to an otherwise-qualified applicant solely because they hold a housing voucher is in violation of the DC Human Rights Act and can be subject to a complaint with the DC Office of Human Rights. Arlington County, Alexandria City, and Fairfax County in Virginia have similar local source-of-income protections. Montgomery County and Prince George’s County in Maryland also prohibit source-of-income discrimination.
Can DC landlords ask about criminal history on rental applications?
No. Under DC’s Fair Criminal Record Screening Amendment Act (DC Code § 2-1402.68), DC landlords are prohibited from asking about criminal history on rental applications or during initial screening conversations. A background check may only be run after a conditional approval has been issued. If the background check reveals information that leads to a denial, the landlord must conduct an individualized assessment — not an automatic rejection — before making a final decision. Blanket “no criminal record” policies violate DC law.
What is the DC Office of Human Rights and what can they do?
The DC Office of Human Rights (OHR) is the District’s enforcement agency for the DC Human Rights Act. OHR accepts complaints from tenants, applicants, and housing advocates alleging discrimination by landlords, property managers, and housing providers. OHR can investigate complaints, subpoena records, mediate disputes, and refer matters to the DC Attorney General’s Office for civil enforcement action. Landlords found in violation of the DC Human Rights Act can face civil penalties, compensatory damages, and attorney fees. DC landlords should treat every OHR inquiry seriously and respond through legal counsel.
A practical Arlington rental property laws guide for landlords covering Virginia rules, condo and HOA realities, notices, deposits, maintenance, and leasing risk.........
A practical Alexandria rental property laws guide for landlords covering Virginia rules, historic housing realities, notices, deposits, maintenance, and leasing risk.....
We're proud to make partnering with us easy. Contact our team to connect with one of our industry experts and get started today.
