The Office of Administrative Counsel is responsible for helping Member/Member-elect offices complete District Office leases, vehicle leases, parking rental agreements, and storage space rental leases. Leases can be sent to house.leases@mail.house.gov or faxed to 202-225-0357 to be reviewed by the Office of Administrative Counsel
District Office Leases
A District Office may be located within a:
- Commercial or privately owned space,
- Federal building operated by the General Services Administration, and/or
- Space owned or operated by a State and local government, including a public university or college.
An office must be located within the Member’s Congressional District, unless:
- The space is in a Federal building that serves the Member’s District and there is no suitable space in a Federal building within the District; or
- The Committee on House Administration issues a waiver, allowing the Member to share an office with another Member or locate an office within another Member’s District.
All leases must include the House District Office Lease Attachment unless the Member is leasing Federal space from the General Services Administration.
All District Offices must have broadband Internet access and category 5e wiring to support high-speed Internet unless the office will only be open part-time and have minimal staff.
- The Chief Administrative Officer (“CAO”) will pay the monthly costs for broadband for one District Office.
All District Office leases must be reviewed and approved by the Office of Administrative Counsel before the Member/Member-elect’s signature.
District Office leases must commence no earlier than January 3, 2025 and terminate on or before January 2, 2027. The Member/Member-elect should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year therefore, leases for the 119th Congress should end on January 2, 2027, not December 31, 2026.
District Office Lease Approval Process
After identifying a suitable space, negotiate the rental terms with the Landlord.
- At this time, the Member/Member-elect should give the Landlord a copy of the District Office Lease Attachment, which must be accepted by the Landlord without changes.
- If desired, the Member/Member-elect and Landlord may use the standard House District Office Lease.
- The Member/Member-elect may recommend that the Landlord review this website for more information about House procedures and requirements.
After reaching a proposed agreement with the landlord, the Member/Member-elect must submit the proposed lease, accompanied by a copy of the District Office Lease Attachment, to the Office of Administrative Counsel for review and approval prior to signing the lease by:
- Emailing a copy to house.leases@mail.house.gov,
- Sending by inter-office mail to 5300 O’Neil House Office Building, or
- Faxing to 202-226-0357.
*Do not send the proposed lease by regular or overnight mail due to House security procedures.
If the Office of Administrative Counsel:
- Confirms that the proposed terms and conditions of the lease comply with Federal law and House rules, the Office of Administrative Counsel will notify the Member/Member-elect that (s)he may proceed with the execution of the lease.
- Determines that the lease does not conform with Federal law and House rules, the Office of Administrative Counsel will contact the Member/Member-elect with the necessary changes. The Member/Member-elect must relay these corrections to the Landlord and negotiate for the changes into a new version. If the changes are minor, it may be possible to cross out or add the correction to the existing lease (both parties must initial these changes). The Member/Member-elect should then re-send the corrected lease for another legal review.
After receiving final approval from the Office of Administrative Counsel, the Member/Member-elect must personally sign the lease and District Office Lease Attachment. After the lease and District Office Lease Attachment are executed by both parties, the Member/Member-elect must send the completed lease to Administrative Counsel.
The Landlord must complete and submit the Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form either to the Office of Administrative Counsel or the Office of Finance at via email at vendoreft@mail.house.gov or fax at (202) 225-6914.
After the lease has been executed by both parties, send a copy to the Office of Administrative Counsel for processing. After receiving the completed Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form, the Office of Finance will set up automatic monthly rent payments from the office’s Members’ Representational Allowance (MRA).
Issues that may have to be addressed during negotiations with non-Federal Landlords:
- The District Office Lease Attachment – House rules require that all leases include a signed, of the District Office Lease Attachment.
- Security deposit – The lease cannot contain a security deposit.
- Rent due date – The Federal government pays rent in arrears by the last day of the month.
- Insurance – Members generally cannot use their MRA to purchase private insurance because the Federal government is a self-insurer. Members and staff are protected under the Federal Tort Claims Act from liability arising from any injuries or damages that may result during the performance of their official duties.
- Indemnification – Members cannot indemnify a third-party individual or entity.
- Termination date – A lease cannot extend beyond the current Congress (the 119th Congressional term concludes on January 2, 2027).
FREQUENTLY ASKED QUESTIONS
Identifying District Office Space
Is there a limit to the number of offices within a Congressional District?
There is no limit to the number or size of District Offices beyond what the MRA can support.
Is there any limit on the amount of the monthly rent?
There is no dollar limit as long as there are sufficient funds in the MRA.
Can a Member/Member-elect take over the space occupied by a former Member or a Member now representing a different Congressional district?
If the Landlord agrees and the space is within the Member/Member-elect’s district. This option may allow the Member/Member-elect to open the office faster because it will reduce the time necessary to set up a new office.
May a Member/Member-elect use the MRA to pay a real estate broker or attorney to identify space?
Yes, but send the proposed agreement with the broker or attorney to the Office of Administrative Counsel at house.leases@mail.house.gov or by fax at 202-225-0357 before signing, to ensure the contract complies with Federal law and House rules.
Can a Member/Member-elect rent space in a Federal building?
Yes. Contact the regional GSA Congressional Service Representative for assistance.
Can a Member/Member-elect rent a space in a Federal building outside of the Congressional District?
Yes, if there is no suitable space within a Federal building inside the Congressional District, a Member/Member-elect may lease space in a Federal building that serves the Member’s constituents.
Lease Requirements
Can a Member/Member-elect accept discounted or no cost (free) space?
Only when renting from a local or state governmental entity however, the Member/Member-elect cannot solicit free or discounted space. Before accepting discounted or no cost space from a local or state governmental entity, contact the Committee on Ethics at 202-225-7103 to ensure that any agreement is consistent with House rules.
When renting commercial or private properties, the Member/Member-elect must agree to pay full Fair Market Value. When renting from a commercial or private Landlord, all provisions of the lease, including rent, should be the result of a bona fide “arms-length” marketplace transaction.
Is a lease necessary if the Member/Member-elect is offered space at no cost by a local or state governmental entity?
The CAO recommends that Members/Members-elect execute a lease and District Office Lease Attachment for all office spaces. However, if that is not possible, the Member/Member-elect is urged to complete a Memorialization of No Cost Space and send a copy to the Office of Administrative Counsel at house.leases@mail.house.gov.
Is use of the standard House District Office Lease required?
No, the Member/Member-elect can use the landlord’s lease, if preferred, However, all leases must be paired with the mandatory District Office Lease Attachment. All leases, including commercial and governmental leases, must be approved by the Office of Administrative Counsel at house.leases@mail.house.gov or via fax at 202-225-0357 before the Member/Member-elect signs the lease.
Is a new lease required if the office is extending the lease term for an existing District Office?
A returning Member who has a lease expiring on January 2, 2025, may either sign a new lease or use a Lease Amendment. Both must be paired with the District Office Lease Attachment.
Lease Approval and Finalization
Is having the lease reviewed by the Office of Administrative Counsel required when using the standard House District Office Lease and District Office Lease Attachment?
Yes, all leases must be reviewed and approved by Administrative Counsel before the Member/Member-elect signs.
How long does it take for the Office of Administrative Counsel to review a draft lease?
A lease can usually be reviewed within 24 hours.
Does the Member/Member-elect need to personally sign the lease?
Yes. The lease is a binding contract between the Landlord and the Member/Member-elect in the Member’s personal capacity. The U.S. House of Representatives is not a party to the lease—the House only sends monthly rent payments from the Representative’s MRA if the lease conforms to House Rules and Federal law. Because this is a personal lease, the signature of a Chief of Staff or District Director in lieu of the Member/Member-elect’s signature is not permitted.
May the Member/Member-elect and/or the Landlord sign the lease electronically?
Yes, if the Member/Member-elect personally signs the lease.
General Questions
Can rent be paid without a fully executed lease on file with the Office of Administrative Counsel?
No. Both the lease and the Lease Attachment must be signed, with approval from the Office of Administrative Counsel, before any payment can be made.
If the office is not ready for occupancy on the lease’s commencement date, can the rent be prorated?
Unless the lease specifies otherwise or the parties amend the lease, payment of rent generally commences as of the lease start date regardless of when occupancy begins. Contact the Office of Administrative Counsel at 202-225-6969 to discuss amending a lease to reflect a different rent start date.
Can rent payments be made in advance?
No. Payments can only be made in accordance with the terms of the lease. Federal appropriations law does not permit payment of services in advance except in a few specified circumstances.
How are rent payments made?
All payments must be made by Electronic Funds Transfer ("EFT")—the money is deposited directly into the account of the Landlord on or before the last day of the month.
Can a Landlord be paid by check?
No. EFT is faster, cheaper, easier and safer. Paragraph 22 of the District Office Lease Attachment requires that the Landlord accept EFTs.
When opening a new office, is it possible to get early entry into the space to allow the CAO to start setting up the office before the beginning of the lease term?
Yes, with the landlord’s approval and upon signing a Lease Addendum. A Lease Addendum protects the Member/Member-elect from liability for personal injury or damage by extending the provisions of the Federal Tort Claims Act to authorized House personnel working in the office.
Can the MRA be used to purchase private insurance for a District Office?
No, the MRA may not be used to purchase private insurance for the office because the U.S. House of Representatives is self-insured. A Member and staff have liability coverage under the Federal Tort Claims Act. The House Office of the General Counsel can provide a letter explaining this coverage if the Landlord has questions.
Can the MRA be used to pay for improvements in the office space?
The MRA can be used to pay for minor office repairs and cosmetic changes to the office space. For example, installing new carpeting and painting the walls.
The MRA cannot be used for capital improvements, such as repairing heating/air conditioning units, installing or removing a wall, building an addition, or installing a bathroom. Please contact the Office of Administrative Counsel at 202-225-6969 with questions about proposed improvements, including security-related improvements.
Can a lease be terminated before the lease is scheduled to end?
Contact the Office of Administrative Counsel at 202-225-6969 because the answer depends on the terms of a lease. If a lease is improperly terminated, the Member could still be financially responsible for the monthly payments. However, the District Office Lease Attachment includes a provision that will allow the Member to terminate the lease without penalty if the Member leaves office before the lease expires.
Mobile District Offices
What is a Mobile District Office?
A Mobile District Office is normally a vehicle that is used as an office. The lease, the attachments, and rules are similar to those governing Vehicle Leases. However, the $1,000 monthly limit does not apply to mobile office leases and certain EPA restrictions may be waived. Contact the Office of Administrative Counsel at 202-225-6969 for additional guidance.