DC community residence facility license: three regulators, an old rulebook, an online application

Which kind of CRF you are opening decides who licenses you

The District’s licensing law defines a community residence facility as “a facility that provides a sheltered living environment for individuals who desire or need such an environment because of their physical, mental, familial, social, or other circumstances, and who are not in the custody of the Department of Corrections.” All residents must be 18 or older, except in group homes for people with intellectual disabilities ⁠¹. The law makes it unlawful to run a facility without a license, for profit or not ⁠². Two details in the exemptions matter here. Federally operated facilities are exempt. Facilities run by and for a church that relies on spiritual healing are exempt from most of the law, but that exemption expressly does not reach community residence facilities ⁠².

Under that one statutory label, the District has three separate regulatory tracks:

Scroll the table sideways to see every column.

This guide covers the general CRF. The other two are summarized at the end because founders often start out aiming at one of them.

The general CRF is also distinct from an Assisted Living Residence. Chapter 34 limits CRF admissions to people who can do their activities of daily living “with minimal assistance”, are oriented to person and place, and can act to save themselves in an emergency. A physician must certify that the resident does not need professional nursing care ⁠⁸. If you plan to serve people who need hands-on help, medication management or nursing oversight on a regular basis, look at the DC assisted living residence license instead.

What makes DC’s CRF rules unusual

• No Certificate of Need. The Certificate of Need law excludes from its definition of “health care facility” any facility “licensed or to be licensed as a community residence facility, except for an intermediate care facility” ⁠⁵. The licensing rule says the same: a CRF obtains “a Certificate of Occupancy only” ⁠⁹.
• An old rulebook. Chapter 34’s sections still show the placeholder effective date DCRegs uses for long-standing rules. Several provisions point to Chapter 32 sections (meals, heating, fire safety) that an editor’s note says were deleted in January 1995 ⁠⁸. Where Chapter 34 points to a deleted section, ask DC Health which standard its surveyors apply.
• An oral exam for the Residence Director. At the initial application, the Residence Director must be “examined orally” on the requirements of the rules and their ability to care for residents ⁠⁸.
• Annual licenses at low fees. A license expires one year after issue ⁠². The bed-based CRF fee schedule in 22-B DCMR § 3114 was left unchanged when the District raised nursing home fees in 2010 ⁠¹⁰.

The Residence Director: qualifications and the “always present” rule

Every CRF must have a Residence Director, and that person may be the licensee ⁠⁸. Chapter 34 requires that the Residence Director:

• is at least 21 years old;
• is certified each year by a physician as being in good physical and mental condition, able to do or direct household work, and free of communicable disease;
• passes the oral examination at the time of the initial application; and
• holds a bachelor’s degree or has at least three years of full-time experience in a related field, if the CRF has 30 or more residents ⁠⁸.

The Residence Director “shall not be employed outside the community residence facility” and must be present and within call of residents at all times. They may hand off duties for up to 12 hours to someone at least 21 who can recognize visible changes in residents’ condition and act in an emergency. For absences longer than 12 hours, they must name an assistant Residence Director who can take on the full role ⁠⁸. If every resident works or attends a program away from the home during set hours, the Residence Director can apply for permission to leave the home unattended during those hours ⁠⁸. Halfway houses, a CRF variant covered in § 3440, are exempt from the presence rule as long as the director or another responsible non-resident adult can be reached by phone ⁠⁸.

DC Health also may run background checks on the applicant or licensee. These can include police contacts, verification of licensure, education and residency status, and checks for outstanding warrants, complaints and malpractice actions ⁠⁹.

Staff: no ratio, but health and background checks

Chapter 34 sets no numeric staff-to-resident ratio. It requires “a sufficient number of qualified employees, staff, or other adults… to provide for the welfare, comfort, and safety of residents at all times of the day and night” ⁠⁸. DC Health’s portal application has a staffing information screen, so you describe your staffing plan when you apply ⁠¹².

Other staff requirements:

• Medical clearance. Every employee needs a physician’s pre-employment examination and an annual certification of good health and freedom from communicable disease ⁠⁸.
• Criminal background checks. A CRF is a “facility” under the District’s unlicensed-personnel background check law because it is licensed under the same subchapter ⁠¹⁹. You may not employ or contract with any unlicensed person until a criminal background check has been done, and you must tell applicants that it is required ⁠⁶. The check looks back seven years in DC and in every state where the person lived or worked ⁠¹⁹.
• Written personnel policies are required once the home has more than six unrelated occupants. They must cover wages, hours, benefits, orientation, staff meetings, annual evaluations and job descriptions ⁠⁸.
• Personnel records must include each employee’s education, experience, license number if any and current health certification ⁠⁸.
• Training. The Residence Director and any staff DC Health designates must attend rehabilitation training courses the District provides “at little or no cost” ⁠⁸. All staff must be trained in specific fire safety tasks ⁠⁸.

Requirements scale up with size:

The building: certificate of occupancy, zoning and Chapter 34’s physical plant rules

Certificate of Occupancy. The DC Department of Buildings explains that no one can use a building for any purpose other than a single-family dwelling until a valid Certificate of Occupancy has been issued ⁠¹⁸. The licensing rule makes the Certificate of Occupancy the one prerequisite approval for a CRF ⁠⁹. The same FAQ says a Certificate of Occupancy is not required for a single-family dwelling, which needs an approved building final inspection before occupancy instead ⁠¹⁸. Ask the Department of Buildings which applies to your property and use.

Zoning. The 2016 Zoning Regulations put community residence facilities in the Residential use category. That category includes “residential facilities that provide housing and supervision for persons with disabilities,” with 24-hour supervision, lodging and meals ⁠¹⁷. The zoning definition of “household” includes “a residential facility providing housing for up to six (6) persons with disabilities and two (2) caregivers” ⁠¹⁷. The sources reviewed do not say whether a CRF with more than six residents is permitted as of right in a given zone, so ask the DC Office of Zoning or the Department of Buildings, with your address and planned bed count, before you sign a lease or contract.

Location. The home must be within easy walking distance of public transportation to stores, parks, libraries, churches and similar places. A remote location is acceptable only if there is a special need or you provide transportation ⁠⁸. The name may not mislead about the type of care or suggest “chronic illness, dependence, or death,” and you may operate without a name at all ⁠⁸.

Housing Code. A CRF may be classified as a residential occupancy in a single-family or multi-family dwelling ⁠⁸. A home with five or fewer residents plus the Residence Director’s family must meet listed chapters of the DC Housing Code (14 DCMR). A home with more than six occupants must also meet the Housing Code’s provisions for rooming and boarding houses, apartment houses or hotels, depending on its size and type ⁠⁸. Before any construction that needs a building permit, you must notify DC Health so it can review the plans ⁠⁸.

Fire safety: the Fire Department signs off

Under the licensing rules, the DC Fire Department inspects every facility for fire safety and sends DC Health its findings with a licensure recommendation, which DC Health folds into its own decision ⁠⁹. Chapter 34 requires:

• a written fire and emergency manual approved by Fire Department officials. It must name who to notify, where alarms and extinguishers are, the evacuation routes, how often drills are held and each shift’s duties. The plan must be posted throughout the home ⁠⁸;
• simulated drills for each shift at least four times a year ⁠⁸;
• smoke detectors installed under the Smoke Detector Act ⁠⁸;
• a manual fire alarm system once the home has more than 20 residents ⁠⁸;
• fire extinguishers on every floor including the basement, a grease-rated extinguisher within 15 feet of any stove, and an extinguisher within 5 feet of the heating plant and water heater ⁠⁸;
• two separate means of exit from every sleeping room above street level if any resident sleeps above the second floor, or if more than six residents sleep above the street floor. Alternatives must be accepted by DC Health as equivalent ⁠⁸.

Keep the most recent fire inspection report and the date of the last alarm system inspection in your records ⁠⁸.

Insurance minimums

Chapter 34 sets specific insurance minimums, and the portal application has a separate insurance coverage screen for uploading proof ⁠⁸⁠¹².

If you rent the building, you must either get proof of the owner’s premises liability coverage, such as a certificate of landlord coverage, or add the owner to your policy as an additional named insured ⁠⁸.

Policies and paperwork DC Health expects before you open

• Program statement. This covers your program and facilities, staffing pattern, consultants, activities, fees and charges, payment and refund policies, the population you serve (including any age or sex limits), admission and discharge policies including expected length of stay, any limits on referral sources, and your links to community health and social services ⁠⁸.
• Written admission criteria if you limit admission by religion, sex or organizational membership. A rejected applicant who asks in writing must get the reason in writing ⁠⁸.
• Residents’ rights notice. Each resident and sponsor gets it at admission. It covers private visits, knocking before entering, unopened mail, private phone access, freedom from abuse, freedom of religion, the right to complain without reprisal, and the contact details of the District’s facility licensing office ⁠⁸.
• Behavior programs. Any program to control or change residents’ behavior must be in writing and approved by DC Health. Physical restraint is allowed only in an emergency, and no resident may be locked in or out of a room ⁠⁸.
• Disaster plan, a list of emergency numbers, a resident roster, payroll and weekly staff schedules, consultant agreements, and a “Day and Night Report Book” for incidents ⁠⁸.
• Personal funds ledger for any money you hold for residents, with a copy given to the resident or sponsor twice a year ⁠⁸.

Applying through the DC Health portal, step by step

1. Settle the property and the Certificate of Occupancy

   The licensing rule requires the Certificate of Occupancy to be listed on the application, and the license is valid only for the premises named on it ⁠²⁠⁹.

2. Create a portal account

   Since May 3, 2023, the Office of Health Facilities has not accepted paper applications. New license requests and payments all go through the Healthcare Facilities licensing portal at dohenterprise.my.site.com/facilities ⁠¹¹.

3. File at least 60 days before your planned opening date

   Choose “Community Residential Facility for the Elderly” and the “Initial” subtype. The screens cover facility information, the licensee (the legal entity with ultimate responsibility), principals and officers, staffing, and insurance with uploads. You then pay the fee shown and certify and submit ⁠⁹⁠¹². The fee must accompany the application ⁠⁹.

4. Residence Director oral examination

   at the initial application stage ⁠⁸.

5. DC Health on-site inspection and Fire Department inspection

   DC Health sends a written report within 15 days of the inspection. You have 30 days to correct any deficiencies, and DC Health may re-inspect within 10 days after that. If deficiencies are not corrected, the application is denied and you reapply once they are fixed ⁠³⁠⁹.

6. Provisional license

   A facility that passes initially gets a provisional license of up to 90 days ⁠⁹. The license is issued as a Public Health endorsement to a District basic business license ⁠². The sources reviewed do not state the fee for that endorsement, so ask the Department of Licensing and Consumer Protection what it costs for your facility.

7. Unannounced inspection within 90 days of operation

   If you are in full or substantial compliance, you get a regular license for up to one year. If not, a provisional license can be renewed while you correct deficiencies within 60 days, followed by another inspection ⁠⁹.

Post the license in a conspicuous place in the home ⁠².

Fees as published on 2026-10-12

Each inspection after the first follow-up to an annual renewal inspection costs $50, and so does validating or duplicating a license ⁠¹⁰. DCRegs shows § 3114 as last amended effective September 24, 2010 by the Fiscal Year 2011 Budget Support Act. That amendment changed nursing home fees but left the CRF rows unchanged ⁠¹⁰. The portal shows the total due before you pay ⁠¹². The reference guide does not say which fee schedule the portal applies, so compare the total it shows with the § 3114.1 row for your bed count and ask DC Health if they differ.

Admissions, residents’ health and discharges

• Before admission: a physician’s examination no more than 30 days before admission, with a written report covering communicable disease, treatment orders, drugs, special diets and any rehabilitation program ⁠⁸. Anyone on convalescent leave from a psychiatric hospital or found in need of treatment under the 1964 Hospitalization of the Mentally Ill Act also needs a psychiatric exam within 30 days before admission ⁠⁸.
• Who fits: see the admission standard above. People not oriented to time and place, or who need limited help in an emergency, can be admitted only with DC Health’s special permission and enough staff ⁠⁸.
• After admission: an annual physician examination ⁠⁸, contact with each sponsor at least every six months ⁠⁸, three meals a day ⁠⁸, and dietitian-planned therapeutic diets for anyone who needs them, reviewed every six months ⁠⁸. Medications stay in their original containers, each resident has a secure place for them, and narcotics are locked and logged ⁠⁸.
• Nursing: you may give short-term nursing care for up to 72 hours if you can provide the right environment and professionals. After that, a resident who needs continuing nursing must be referred for transfer ⁠⁸.
• Freedom of movement: outside intellectual disability group homes, no resident may be stopped from leaving or put on a curfew ⁠⁸.
• Discharge notice: Chapter 34 calls for at least two weeks’ written notice of a non-emergency involuntary transfer ⁠⁸. The District’s Nursing Homes and Community Residence Facilities Protections law requires oral and written notice at least 21 calendar days before a discharge or transfer and 7 days before a room move, with stated exceptions. Plan on the 21-day statutory period ⁠⁷.

Renewal, records and enforcement

• Renewal: file at least 90 days before the license expires, with the fee. A late fee may apply ⁠⁹. DC Health inspects on-site before each renewal ⁠³⁠⁹.
• Annual report: within 30 days after the end of each calendar year, report your total admissions, discharges, authorized bed capacity and resident days ⁠⁸. The rule also calls for quarterly occupancy reports to the Central Referral Bureau ⁠⁸. Chapter 30 still establishes the Bureau, but the sources reviewed do not show where it operates today, so ask DC Health where to send occupancy reports.
• Record retention: administrative records for 5 years, and resident records for at least 2 years after discharge or death ⁠⁸.
• Changes: report any change that may affect your license within 5 days and any change of administrator promptly ⁠⁹. A change of ownership, including 10% or more of a corporation’s stock, needs 30 days’ written notice and may trigger reinspection and relicensure ⁠². Transferring the license to another person or place without approval forfeits it ⁠⁹.
• Inspections and penalties: officials may enter during operating hours for announced or unannounced inspections ⁠³. Impeding an inspector can bring a fine of up to $1,000 a day and up to 90 days in jail ⁠⁴.

How residents pay: private funds and the Optional State Supplemental Payment

Chapter 34 assumes residents arrange their own medical care, through private means, Medicare or Medicaid ⁠⁸. No District money may be paid to a CRF, or to a resident for their upkeep there, unless the CRF is licensed ⁠⁸.

The main public source of room-and-board money is the Optional State Supplemental Payment (OSSP). It is a supplement for SSI-eligible District residents living in a District-licensed “Adult Foster Care Home”, a category DHCF says includes CRFs. DHCF, DBH and the Social Security Administration run it together. A resident found eligible is automatically eligible for Medicaid ⁠¹⁶.

Scroll the table sideways to see every column.

DHCF directs enrollment questions to DBH at (202) 673-7440 ⁠¹⁶.

If you meant an intellectual disability or mental health home

Intellectual disability CRFs. In a notice published May 4, 2018, the Department of Health Care Finance found that the District had reached capacity for intermediate care facilities for individuals with intellectual disabilities ⁠¹³. Starting June 1, 2018, DHCF has denied new ICF/IID Medicaid enrollment applications. DC Health says it will not issue licenses for CRFs for individuals with intellectual disabilities until the moratorium is lifted, and that notice was still posted on 2026-10-12 ⁠¹¹. The governing rules, 22-B DCMR Chapter 35, show an effective date of April 23, 2021 on DCRegs ⁠¹⁴.

Mental health CRFs. DBH licenses these under 22-A DCMR Chapter 38. Those rules replaced the old 22-B Chapter 38 and took MHCRFs out from under DC Health’s Chapter 31 licensing procedures ⁠¹⁵. An MHCRF gives 24-hour supervised care to adults whose principal diagnosis is mental illness. It is licensed as a Supported Residence, Supported Rehabilitative Residence, Intensive Residence or SR-Transitional home, generally with up to eight residents (ten with transitional beds) ⁠¹⁵. DBH states that an MHCRF license “is not an entitlement.” New licenses depend on available funds and on DBH deciding that more MHCRFs are needed ⁠¹⁵.

If your residents need help in their own homes rather than a residential setting, see the DC home support agency license and the DC home care agency license.

Sources

1. 1
   Council of the District of Columbia, D.C. Code § 44-501: Definitions (Health-Care and Community Residence Facility, Hospice and Home Care Licensure) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Council of the District of Columbia, D.C. Code § 44-502: License requirements Checked 12 Oct 2026 · Back to text ↑
3. 3
   Council of the District of Columbia, D.C. Code § 44-505: Inspections Checked 12 Oct 2026 · Back to text ↑
4. 4
   Council of the District of Columbia, D.C. Code § 44-509: Penalties; enforcement Checked 12 Oct 2026 · Back to text ↑
5. 5
   Council of the District of Columbia, D.C. Code § 44-401: Definitions (Certificate of Need) Checked 12 Oct 2026 · Back to text ↑
6. 6
   Council of the District of Columbia, D.C. Code § 44-552: Criminal background checks Checked 12 Oct 2026 · Back to text ↑
7. 7
   Council of the District of Columbia, D.C. Code § 44-1003.02: Notice to resident and resident's representative Checked 12 Oct 2026 · Back to text ↑
8. 8
   DC Office of Documents and Administrative Issuances (DCRegs), 22-B DCMR Chapter 34: Community Residence Facilities Checked 12 Oct 2026 · Back to text ↑
9. 9
   DC Health, 22-B DCMR Chapter 31: Licensing of Health Care and Community Residence Facilities Checked 12 Oct 2026 · Back to text ↑
10. 10
    DC Office of Documents and Administrative Issuances (DCRegs), 22-B DCMR § 3114: Fees for Community Residence Facilities and Health Care Facilities Checked 12 Oct 2026 · Back to text ↑
11. 11
    DC Health, Office of Health Facilities Licensing Portal Checked 12 Oct 2026 · Back to text ↑
12. 12
    DC Health, Office of Health Facilities, Reference Guide for New Applicants: Application for Community Residential Facilities for the Elderly Checked 12 Oct 2026 · Back to text ↑
13. 13
    Department of Health Care Finance, Public Notice: Enrollment of Intermediate Care Facilities for Individuals with Intellectual Disabilities is at Capacity (DC Register, May 4, 2018) Checked 12 Oct 2026 · Back to text ↑
14. 14
    DC Office of Documents and Administrative Issuances (DCRegs), 22-B DCMR Chapter 35: Community Residence Facilities for Persons with Intellectual Disabilities Checked 12 Oct 2026 · Back to text ↑
15. 15
    Department of Behavioral Health, Notice of Final Rulemaking: 22-A DCMR Chapter 38, Mental Health Community Residence Facilities Checked 12 Oct 2026 · Back to text ↑
16. 16
    Department of Health Care Finance, Optional State Supplement Payment Program Checked 12 Oct 2026 · Back to text ↑
17. 17
    DC Office of Zoning, 11-B DCMR (Zoning Regulations of 2016), Subtitle B: Definitions, Rules of Measurement, and Use Categories Checked 12 Oct 2026 · Back to text ↑
18. 18
    DC Department of Buildings, Certificate of Occupancy and Zoning Tips and FAQs Checked 12 Oct 2026 · Back to text ↑
19. 19
    Council of the District of Columbia, D.C. Code § 44-551: Definitions (Unlicensed Personnel Criminal Background Check) Checked 12 Oct 2026 · Back to text ↑

Was this information accurate? Report an errorPrint or save as PDF