Owning rental property in Washington, DC is a little like hosting a dinner party in a home with priceless white couches.
You want to welcome people in, create a safe and comfortable environment, and keep everything running smoothly… but you also need a few house rules, a solid plan, and maybe a professional on standby when things get complicated.
Because in DC, rental housing isn’t just about collecting rent and fixing leaky faucets. It’s about navigating one of the most tenant-protective legal landscapes in the country—complete with rent control, just-cause eviction rules, fair housing requirements, and a growing list of local compliance obligations.
And one law that continues to trip up even well-meaning housing providers?
The Fair Criminal Record Screening for Housing Act of 2016, better known as FCRSHA.
Or, as many landlords call it:
DC’s “Ban the Box” law for housing.
Let’s break it down in plain English—without putting you to sleep or sending you into a legal panic spiral.
What Is DC’s Fair Criminal Record Screening for Housing Act (FCRSHA)?
The Fair Criminal Record Screening for Housing Act of 2016 was created to reduce barriers to housing for individuals with criminal histories, particularly returning citizens.
DC lawmakers recognized that criminal background screening was often happening too early in the process, leading to automatic denials—sometimes based on:
Arrests that never resulted in convictions
Old offenses from many years ago
Records unrelated to housing safety
So instead of eliminating background checks altogether, the District restructured when and how criminal history can be considered.
The key takeaway?
You cannot ask about or consider criminal history until after a conditional offer of housing has been made.
This law is enforced by the DC Office of Human Rights (OHR), and violations can result in fines, damages, and reputational headaches no property owner wants.
Who Must Comply With FCRSHA?
If you own or manage rental housing in Washington, DC, there’s a very good chance this applies to you.
FCRSHA covers most housing providers, including:
Individual landlords
Property management companies
Real estate investors leasing residential property
Condo and co-op associations screening tenants
There are a few narrow exemptions (like certain owner-occupied small buildings), but assuming you’re exempt without confirmation is risky.
If you’re operating professionally in DC, the safest mindset is:
This law applies unless you’ve been told otherwise by qualified counsel.
The Core Rule: Criminal Screening Must Come Later
At the heart of FCRSHA is one simple concept:
Criminal history cannot be part of the conversation until after a conditional offer.
That means you may not:
Ask about convictions on the application
Include criminal history language in your advertising
Run a background check before offering housing
Even casually ask, “Anything we should know before we run screening?”
Yes— even that can be considered a violation.
Tenant screening must begin with objective criteria like income, credit, and rental history first.
For more guidance on compliant leasing practices, many owners lean on professional management resources like those offered at EJF Rentals.
Written Eligibility Criteria: The Step Owners Often Miss
Before you even accept an application fee, DC requires that applicants receive written notice of your rental eligibility criteria.
This is one of the most commonly overlooked requirements—and one of the fastest ways to trigger enforcement action.
Your criteria should clearly outline:
Income requirements
Credit standards
Rental history expectations
Employment verification needs
General criminal screening standards (without applying them yet)
Transparency is the goal. Applicants must know what standards they’re being judged against before paying money to apply.
If you’re unsure whether your criteria are properly documented, working with a professional property manager can help ensure your process is consistent and compliant. Learn more about leasing support at EJF Rentals’ Property Management Services.
The Correct Step-by-Step Screening Process
In DC, screening is all about sequence. The order matters.
Step 1: Application Submission
At this stage, you may collect non-criminal information such as:
Income and employment details
Rental history
Credit information
References
No criminal questions. No background check.
Step 2: Review Non-Criminal Criteria
Evaluate the applicant against your written eligibility standards.
If the applicant doesn’t meet your income or credit requirements, you may deny the application without ever reaching criminal screening.
Step 3: Conditional Offer of Housing
If the applicant qualifies financially, you issue a conditional offer.
This might sound like:
“You are approved for the unit, contingent upon the results of a criminal background check conducted in accordance with DC law.”
This is the “golden moment” required before any criminal history inquiry.
Step 4: Criminal Background Check
Only after the conditional offer may you request and review criminal history—and even then, your scope is limited.
What Criminal History Can Be Considered?
FCRSHA does not allow broad, open-ended criminal screening.
Housing providers may only consider:
Pending criminal accusations
Convictions within the past 7 years
You may not consider:
Arrests that did not lead to conviction
Convictions older than seven years
Expunged or sealed records
The law also restricts consideration to certain categories of serious offenses, such as:
Violent crimes
Sexual offenses
Arson
Fraud or financial crimes relevant to housing risk
Blanket policies like “no felonies” are strictly prohibited.
If you’re thinking, “Wow, that’s a lot to track,” you’re not alone. Many owners rely on experienced professionals like EJF Rentals to handle screening lawfully.
The Individualized Assessment Requirement
Even if a conviction appears within the allowable window, you cannot automatically withdraw the offer.
DC requires an individualized assessment considering factors such as:
Nature and severity of the offense
Applicant’s age at the time
Time elapsed since the incident
Evidence of rehabilitation
Relevance to resident or property safety
Two applicants with similar convictions may need to be treated differently depending on context.
This is where many landlords get into trouble—because automated screening tools don’t do nuance very well.
Withdrawing an Offer: Documentation Is Everything
If you decide to withdraw a conditional offer based on criminal history, the decision must be:
Grounded in permitted criteria
Supported by individualized assessment
Communicated in writing
Poor documentation is one of the biggest liability risks.
In DC, enforcement agencies often focus not only on what decision was made, but how it was reached.
Enforcement and Penalties
The DC Office of Human Rights (OHR) enforces FCRSHA.
Applicants may file complaints that trigger investigations involving:
Review of applications and advertisements
Requests for screening policies
Interviews with staff
Examination of documentation
Penalties may include:
Civil fines
Compensatory damages
Mandatory training
Policy revisions
And importantly: procedural mistakes alone can be enough. Intent is not required.
Common Compliance Pitfalls
Most housing providers run into trouble by:
Asking criminal questions too early
Running checks before conditional offers
Using blanket criminal policies
Skipping written eligibility criteria
Failing to document assessments
Treating screening as automated and routine
In DC, “routine” is where liability hides.
Why This Matters for Property Owners
FCRSHA reflects DC’s broader shift toward balancing housing access with safety.
For owners, the law requires:
Thoughtful screening
Consistent written policies
Careful documentation
Strict timing compliance
It’s not impossible—but it is detailed. And the cost of getting it wrong is far higher than the effort it takes to get it right.
Final Takeaway: You Don’t Have to Do This Alone
The Fair Criminal Record Screening for Housing Act isn’t a ban on criminal background checks.
It’s a restructuring of how and when they may be used.
For property owners, staying compliant means having the right process, paperwork, and professional oversight in place.
And honestly? That’s where hiring a property manager can make all the difference.
A knowledgeable team can help ensure your leasing process aligns with DC law, protects your investment, and keeps you out of regulatory trouble.
If you want expert guidance and stress-free property management, consider working with EJF Rentals.
Call Conrad today at 202.803.7200 to learn how our expert team can take care of all your property management needs!
