Home · Blog · Short-term rental laws

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.

Try ReceptionGO free for 30 days — no credit card required. →

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 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:

Do not operate the bill. Committee referral is the start of the Council process, not the end. Congressional review comes after that. A listing that depends on a second-home provision is a listing under today’s 2018 act, which does not contain it.

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.

From our own practiceThe dangerous moment with a pending law is the month everyone on a host forum starts saying “it’s basically passed”. It is passed when the code says it is passed. Until then the old night cap is the one with the fine attached.

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.

Try it free

30 days, no commitment and no credit card. Setup takes minutes, and we help you personally with the first steps.

Start free

Sources

  1. Council of the District of Columbia — B26-0647, Short-Term Rental Regulation Amendment Act of 2026
  2. DC Department of Licensing and Consumer Protection — Mayor’s announcement, March 13, 2026
  3. Short-Term Rental Regulation Amendment Act of 2026, bill text

Rules last checked on October 22, 2026.