1. (a) No person shall demand or receive a security deposit from any tenant for a rental unit occupied by the tenant upon July 17, 1985, where no security deposit had been demanded or received of the tenant for the rental unit before July 17, 1985, but this provision shall not prevent the collection of security deposits for newly constructed units or units exempted under § 42-3502.05(a)(4) and (7). Security deposits shall be collected pursuant to the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 14 DCMR 308 et seq.).
2. (b) The Office of Administrative Hearings may adjudicate complaints for the non-return of tenant security deposits and for the nonpayment of interest on tenant security deposits pursuant to section 2908 of the Housing Regulations of the District of Columbia (14 DCMR §§ 308 through 311).

3. (c)

   1. (1) No housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear.
   2. (2) A covenant or promise by a tenant to leave, restore, surrender, or yield a leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials, or fix other defects without negligence or fault on the tenant's part.
   3. (3) For the purposes of this subsection, the term "ordinary wear and tear" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. The term "ordinary wear and tear" does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.
4. (d) Not Funded.

History

July 17, 1985, D.C. Law 6-10, § 217, 32 DCR 3089

Mar. 14, 2007, D.C. Law 16-276, § 3, 54 DCR 889

Mar. 25, 2009, D.C. Law 17-366, § 2(h), 56 DCR 1332

June 7, 2012, D.C. Law 19-140, § 2, 59 DCR 2879

Feb. 18, 2017, D.C. Law 21-210, § 2(c)

Mar. 21, 2025, D.C. Law 25-308, § 2(b)

Editor's Notes

For Law 17-366, see notes following § 42-3401.03.

Expiration of Law

See Historical and Statutory Notes following § 42-3502.01.

Effect of Amendments

D.C. Law 19-140, in subsec. (b), substituted “complaints for the non-return of” for “complaints for the nonpayment of interest on”.

D.C. Law 17-366, in subsec. (b), inserted “and for the nonpayment of interest on tenant security deposits” following “tenant security deposits”.

D.C. Law 16-276 designated existing text as subsec. (a) and inserted subsec. (b).

Prior Codifications

1981 Ed., § 45-2527.

Section References

This section is referenced in § 42-3502.05.

Applicability

Applicability of D.C. Law 25-308: § 4 of D.C. Law 25-308 provided that the amendment to this section by § 2(b) of D.C. Law 25-308 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.