District of Columbia Section 8, Records & Right to Counsel
District of Columbia rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. D.C. Code § 2-1402.21(a), (e)
The rules in District of Columbia
| Statewide ban on refusing Section 8 / source of income | Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. Holding deposits may not be required from voucher holders (§ 42-3505.10(b)(5)). Re-verified 2026-10-27. Source: D.C. Code § 2-1402.21(a), (e) |
|---|---|
| Eviction record sealing | Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. Sealed eviction record is also a protected class under the Human Rights Act (§ 2-1402.21(a)). Re-verified and corrected 2026-10-27. |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
District of Columbia vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| District of Columbia | Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. D.C. Code § 2-1402.21(a), (e) | Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. D.C. Code §§ 42-3505.09, 42-3505.10(d) | Not verified yet |
| Maryland | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Md. Code, State Gov't §§ 20-705, 20-701(j) | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024) | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| Virginia | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. Va. Code § 36-96.3(A) | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Va. Code § 8.01-130.01 | Not verified yet |
More District of Columbia rental law
- District of Columbia Security Deposit Law
- District of Columbia Eviction Laws
- District of Columbia Notice to Vacate Rules
- Landlord Entry Rules in District of Columbia
- District of Columbia Repairs & Tenant Remedies
- District of Columbia Rent Increase & Late Fee Laws
- Breaking a Lease in District of Columbia
- Squatters' Rights in District of Columbia
- District of Columbia Rental Fee Rules
- District of Columbia Mold, Pests, Heat & AC Rules
- District of Columbia Privacy, Guests & Animal Rules
- District of Columbia Landlord Selling the House
- District of Columbia Lockouts, Utility Shutoffs & Retaliation
- District of Columbia Subletting, Lease Endings & Tenant Death
- All District of Columbia landlord-tenant rules
- Free legal help in District of Columbia
Compare section 8, records & right to counsel in all 50 states and DC →
District of Columbia Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in District of Columbia?
Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. (D.C. Code § 2-1402.21(a), (e))
Can an eviction record be sealed or removed in District of Columbia?
Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. (D.C. Code §§ 42-3505.09, 42-3505.10(d))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.