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Washington, DC short-term rental rules: the 90-night cap, and the 2026 bill that has not become law
General information, not legal or tax advice. Rules change often and vary by state, county and city — confirm your situation with the local agency or a CPA.
Today a DC short-term rental has to be your primary residence, and unhosted nights are capped at 90 a year. You need a basic business license with the right endorsement, and the number goes on the listing. A 2026 mayoral bill would let renters host, add a second owned home (still capped at 90 unoccupied nights), and create a special-event license. As of October 2026 that bill is in committee. It is not law.
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Washington’s short-term rental law is still the 2018 act: your primary residence, a license, and a hard cap on the nights you are not home. In March 2026 the Mayor proposed a real loosening — renters, a second property, a special-event category. Hosts are already listing as if it had passed. It has not.
The rules you can rely on
- The rental is your primary residence. One, not a rotation of pied-à-terres.
- Nights when you are not there sit under a 90-night cap for the year. Hosted nights, when you are home, are the more open category.
- You hold a basic business license with the endorsement DLCP issues for this use, and the number is on the listing.
- A condo association or co-op can forbid what the District allows. The license application is not a waiver of house rules. See HOA and condo rules.
The tax is separate. DC taxes transient lodging, and a platform may or may not be the one remitting it on your listing. Direct bookings are yours. The mechanics that repeat in every city are in the occupancy tax guide.
What the 2026 bill would change, if it passes
The Short-Term Rental Regulation Amendment Act of 2026, B26-0647, was introduced March 13, 2026 and sent to committee on March 31. The Mayor’s summary, which matches the bill text DLCP posted, would:
- let a renter host at their primary residence, unless the unit is under rent stabilization or the lease says no;
- drop the split between “short-term rental” and “vacation rental” endorsements;
- add a special-event license so a resident can rent during events the Mayor designates, without being present;
- allow a DC resident to license one other property they own in the District. If nobody lives there, it is still capped at 90 nights, and a special-event license could add nights on top;
- require booking services to hold a basic business license and to put the host’s license number on the listing.
Counting the 90
The cap is where licensed hosts actually get hurt. A weekend you forgot was “unhosted” because you were at your parents’ still counts. Keep the nights in the same list as the reservations, and decide in October if November and December are hosted or dark. An empty calendar is a choice you can explain. A hundred unhosted nights is not.
Across the river, Arlington and the Maryland suburbs are different licenses and different taxes. A metro guest does not care. A inspector does. The city-by-city view, including DC’s row on the 2026 table, is short-term rental laws by city. New York’s version of “you have to live there” is harsher and is written up in the Local Law 18 guide.
Frequently asked questions
Can I short-term rent a second home in DC?
Not under the law in force. The license is for your primary residence, and a vacation-rental endorsement for time you are away is capped at 90 nights a year. Bill 26-647 would allow a second property you own in the District, unoccupied nights still capped at 90. Until the Council passes it and it becomes law, a second home listed nightly is unlicensed.
Can a renter host?
Not as a general right today. The bill introduced March 13, 2026 would allow a tenant to host at their primary residence unless the unit is rent-stabilized or the lease forbids it. Rent-stabilized units would stay ineligible. Do not host against a lease on the theory that the bill is coming.
What is the status of the 2026 bill?
B26-0647 was introduced March 13, 2026 at the Mayor’s request and referred to committee on March 31, 2026. It had not passed as of October 2026. Laws in DC also go through congressional review. Treat every summary of the bill as a proposal.
What license do I need now?
A basic business license with a short-term rental endorsement from the Department of Licensing and Consumer Protection, and the number on every listing. Booking services can be required to display it. Confirm the current endorsement names on dlcp.dc.gov — the bill would merge categories, which is a clue they are still separate.
How is this different from New York?
New York City requires the host to be present and caps paying guests at two, for stays under 30 days. DC allows you to be away, up to 90 nights, in your own primary residence. They are not interchangeable. The NYC guide is separate.
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- Council of the District of Columbia — B26-0647, Short-Term Rental Regulation Amendment Act of 2026
- DC Department of Licensing and Consumer Protection — Mayor’s announcement, March 13, 2026
- Short-Term Rental Regulation Amendment Act of 2026, bill text
Rules last checked on October 22, 2026.