D.C. Code tit. 42 § 42-3603
Preliminary injunction review.
Operative Text
(a) After commencement of an action under § 42-3602 and upon request of a party, the Court shall hold a hearing to determine if a preliminary injunction should be granted to prevent a tenant from directly or indirectly maintaining a drug haven or nuisance. (b) The Court may grant a motion for a preliminary injunction if the plaintiff meets the necessary legal requirements for a preliminary injunction. The factors that the Court shall consider in determining whether the plaintiff is entitled to a preliminary injunction are: (1) Whether the plaintiff is likely to prevail on the merits of the case; (2) Whether, in the absence of relief, the plaintiff will suffer irreparable harm; (3) Whether there will be substantial harm to the defendant or another party if relief is granted; and (4) Whether the public interest favors granting relief. (c) The housing provider and the Mayor shall not be required to give bond to obtain an injunction.
Under D.C. Code § 42-3601 et seq. § 42-3603, once a legal action has been filed alleging that a tenant is maintaining a drug haven or nuisance, any party may ask the court to hold a hearing on whether a preliminary injunction should be issued. The court weighs four factors: the likelihood of success on the merits, whether the party seeking relief would suffer irreparable harm without it, whether granting relief would substantially harm the other side, and whether the public interest supports the injunction. Notably, housing providers and the Mayor are not required to post a bond in order to obtain such an injunction.
Plain English — not legal advice.
D.C. Code § 42-3601 et seq. § 42-3603 provides housing providers with a procedural tool to seek a preliminary injunction after filing an action under § 42-3602 alleging a drug haven or nuisance. Compliant operators who pursue this remedy generally document evidence addressing the four court-considered factors—likelihood of success, irreparable harm, harm to the defendant, and public interest—before requesting a hearing. Because housing providers are exempt from the bond requirement under this provision, that particular financial barrier does not apply when seeking injunctive relief.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3601 et seq. § 42-3603 governs the preliminary injunction process that a court must follow when a housing provider or the Mayor seeks to restrain conduct alleged to constitute a drug haven or nuisance. Tenants facing such a motion have the right to participate in the hearing, where the court must consider potential harm to the defendant before granting any injunction. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with D.C. housing law to understand how the four-factor balancing test may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation