A DC barring notice is a written document, issued by a property owner or the DC Housing Authority, that prohibits a named person from entering a specific property. Ignoring one is a misdemeanor: up to $1,000 in fines and up to 180 days in jail on private property, or up to six months on public property. The rules for who can issue one, how long it lasts, and whether you can challenge it depend on whether the notice comes from a private owner or from DCHA.
Who Can Issue One
Any lawful occupant or person in charge of a property in DC can bar someone from it. For private homes, apartment buildings, and commercial properties, that means the owner, manager, or an authorized agent. The Metropolitan Police Department does not issue barring notices. Officers may keep the peace, witness the service, or hand the property owner a blank form, but the property owner or their representative is always the party doing the barring.1District of Columbia Metropolitan Police Department. Metropolitan Police Academy 7.1 Property Offenses
DCHA has its own formal barring policy under 14 DCMR § 9600, which applies to all DCHA-managed properties. Under that regulation, only certain people are authorized to be on DCHA property at all: current residents and their household members, approved guests, DCHA employees and contractors, licensed organizations using the property, and people involved in legal or law enforcement matters such as attorneys and process servers.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy Anyone outside that list can be barred without a specific reason beyond their unauthorized presence.
What Triggers a Barring Notice
For private and commercial property, the legal basis is straightforward. DC Code § 22-3302 makes it a crime to enter or remain on any property against the will of the person lawfully in charge.3D.C. Law Library. District of Columbia Code 22-3302 – Unlawful Entry on Property The notice documents that refusal of consent in writing, so if the person returns there is no ambiguity about whether they were welcome.
DCHA properties use a two-tier system. Less serious conduct includes entering without presenting identification, being in a location not listed on a guest pass, residing as an unauthorized occupant, or loud and disruptive behavior. More serious conduct includes activity involving drugs, violence, weapons, theft, assault, or significant property damage. People evicted from DCHA housing because of criminal activity fall into the serious category as well.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy
What the Notice Must Say and How It’s Served
The standard barring notice used in DC, approved by the U.S. Attorney’s Office and the DC Attorney General, requires the full name of the person being barred, the specific property address, the reason for the notice, and the date. If the same owner or manager controls more than one property, additional addresses can be listed on the same notice.4District of Columbia Metropolitan Police Department. Barring Notice
DCHA notices carry two extra requirements: they must state the basis for the bar and the specific time period it covers. If a barred guest identified which resident they were visiting, DCHA must also give a copy of the notice to that resident.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy
You’ll be asked to sign the notice, but refusing to sign does not invalidate it. The form has a checkbox for the agent to record a refusal. An oral barring notice is also an option, with its own checkbox on the form, though a written notice creates a stronger record if the case is ever prosecuted.4District of Columbia Metropolitan Police Department. Barring Notice
For DCHA properties, the notice must be delivered in person, or by attempted personal delivery in writing, and the notice must record the date, method, and manner of delivery. Delivery does not have to happen on DCHA property. An officer or agent can serve the notice wherever the person is found.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy For private property the same principle applies: you need to know you’ve been barred before a return visit can stick as a criminal charge.
When an officer later arrests someone for unlawful entry based on a previously issued barring notice, the officer must include a copy of the notice in the arrest package.1District of Columbia Metropolitan Police Department. Metropolitan Police Academy 7.1 Property Offenses Property owners who file a copy with the police district covering their property make that step much easier.
How Long a Barring Notice Lasts
Duration depends on who issued the notice. Private property owners can set whatever timeframe they want, and many leave notices in effect indefinitely until formally rescinded.
DCHA notices follow a set tier system. No DCHA bar notice can exceed five years, but most start well below the ceiling:2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy
- First minor infraction (Temporary Bar Notice): 60 days. Covers offenses like entering without ID, being in an unauthorized location on the property, residing as an unauthorized occupant, or disruptive behavior.
- Second minor infraction: six months.
- Third minor infraction: one year.
- Extended Bar Notice: five years. Triggered by dangerous conduct, activity involving drugs, violence, weapons, theft, assault, or serious property damage. Also applies to anyone who has accumulated more than four temporary bar notices, or anyone evicted from DCHA for criminal activity.
The clock runs on the calendar, not on your behavior. Staying away does not shorten the term.
Penalties for Violating a Barring Notice
Returning to a property after being served with a valid barring notice is unlawful entry under DC Code § 22-3302, a misdemeanor. The maximum penalties depend on the type of property:
- Private property: a fine of up to $1,000, imprisonment for up to 180 days, or both.3D.C. Law Library. District of Columbia Code 22-3302 – Unlawful Entry on Property5D.C. Law Library. District of Columbia Code 22-3571.01 – Fines for Criminal Offenses
- Public property: a fine of up to $1,000, imprisonment for up to six months, or both.3D.C. Law Library. District of Columbia Code 22-3302 – Unlawful Entry on Property
On DCHA properties specifically, the regulation says that if a barred person fails to leave after being served, or returns at any time while the notice is in effect, they can be arrested for unlawful entry on the spot.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy When police respond to a trespass call at a property with a barring notice on file, they typically verify the notice and make the arrest without the property owner needing to swear out a fresh complaint. A judge may also impose probation or a separate stay-away order, and repeat violations tend to draw harsher sentences within those statutory ranges.
Challenging or Getting Around a Barring Notice
The options for contesting a DCHA bar notice are narrower than most people expect. The regulation does not set up a formal appeal hearing where the barred person can argue the notice should be overturned. Two more limited paths exist.
Resident Grievance
If a resident’s guest receives a bar notice, the resident (not the barred guest) can file a grievance under DCHA’s grievance procedures in Chapter 89 of the DC Municipal Regulations.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy This route only opens when the barred person identified the unit and resident, since that is when DCHA sends the resident a copy of the notice. The grievance belongs to the resident, not the guest.
Temporary Lift Requests
A barred person can submit a written request to the Chief of the DCHA Office of Public Safety asking for a temporary lift of an extended or temporary bar notice. The request must state the specific location, time period, and reason for needing access, including any documentation of a reasonable accommodation request. A lift, if granted, lasts no more than eight hours in a single calendar day, and you can receive only two temporary lifts per year. Committing another infraction during a lift ends your ability to request further lifts for the rest of the bar term. The Chief must respond in writing within ten days.2District of Columbia Municipal Regulations. 14 DCMR 9600 – Barring Policy
For notices from private property owners, there is no formal challenge process in the statute. Your options are to contact the owner or manager directly and ask that the notice be lifted, or to consult an attorney about whether the notice was issued in a discriminatory or retaliatory manner.
What a Conviction Means for Your Record
An unlawful entry conviction goes on your criminal record and shows up on background checks. In DC, employers are restricted from asking about criminal history until after making a conditional job offer under the Fair Criminal Record Screening Act, and even then can only withdraw the offer for a legitimate business reason after weighing factors like the nature of the offense, how long ago it happened, and the duties of the job.6D.C. Law Library. District of Columbia Code – Fair Criminal Record Screening
DC does allow criminal records to be sealed, though the waits are long. A misdemeanor conviction becomes eligible for automatic sealing ten years after the sentence is completed. You can also file a motion to seal after five years by showing, by a preponderance of the evidence, that sealing is in the interests of justice.7D.C. Law Library. District of Columbia Code Chapter 8 – Criminal Record Sealing and Expungement Once sealed, the conviction no longer appears on standard background checks and you can legally state you have no conviction. Five to ten years is a long stretch to carry a misdemeanor for stepping onto the wrong property, which is reason enough to take a barring notice seriously the first time you get one.