D.C. Code tit. 42 § 42-3602
Action for possession of rental unit used as a drug haven.
Operative Text
(a) Notwithstanding any provision of § 16-1501 , or § 42-3505.01 , a housing provider may commence an action in the Court to recover possession of a rental unit or the Mayor may commence an action in the Court to evict a tenant or occupant in a rental unit. The following persons may commence an action to abate a nuisance in the Court: the Mayor, the United States Attorney for the District of Columbia, the civic association within whose boundaries the nuisance is located, or the community association within whose boundaries the nuisance is located. The recovery or eviction shall be ordered if the Court has determined, by a preponderance of the evidence, that the rental unit is a drug haven or that a nuisance exists. In making the determination that the rental unit is a drug haven or that a nuisance exists, the Court shall consider: (1) Whether a tenant or occupant of the rental unit has been charged with a violation of the Uniform Controlled Substances Act or the Controlled Substances Act due to activities that occurred within the housing accommodation that contains the rental unit, or has violated a term of parole or probation for a previous conviction under the Uniform Controlled Substances Act or the Controlled Substances Act; (2) Whether the rental unit has been the subject of more than one drug-related search or seizure that has resulted in the arrest of a tenant or occupant; (3) Whether a firearm has been discharged within the rental unit; (4) The testimony of a witness concerning the possession, manufacture, storage, distribution, use, or the attempted possession, manufacture, storage, distribution, or use of an illegal drug by a tenant or occupant in the housing accommodation that contains the rental unit; (5) The general reputation of the property to corroborate testimony based on personal knowledge or observation, or evidence seized during the execution of a search and seizure warrant; provided, that this shall not, in and of itself, be sufficient to establish the existence of a drug haven or nuisance; (6) Evidence that the drug haven or nuisance had been discontinued at the time of the filing of the complaint or at the time of the hearing, which evidence will not bar the granting of appropriate relief by the Court; or (7) Any other relevant and admissible evidence that demonstrates that the rental unit is or is not a drug haven or nuisance. (b) A notice of the action shall be served upon the tenant or occupant and housing provider at least 5 days prior to a hearing.
Under D.C. Code § 42-3601 et seq. § 42-3602, a housing provider or the Mayor may bring a court action to recover possession of a rental unit that has been determined to be a drug haven, and certain parties—including the Mayor, the U.S. Attorney for D.C., and local civic or community associations—may seek to abate a nuisance. A court may order eviction or recovery if it finds, by a preponderance of the evidence, that the unit qualifies as a drug haven or that a nuisance exists, weighing factors such as drug-related arrests, firearm discharges, witness testimony, and other relevant evidence. Both the tenant or occupant and the housing provider must receive at least five days' notice before any hearing on the matter.
Plain English — not legal advice.
D.C. Code § 42-3601 et seq. § 42-3602 gives housing providers an independent legal pathway to seek possession of a rental unit through the courts when credible evidence suggests the unit is being used as a drug haven, separate from standard eviction procedures. Compliant operators generally document any drug-related incidents, law-enforcement activity, or other relevant occurrences at the property and ensure that required notices are served on tenants or occupants at least five days before any scheduled hearing. Because multiple parties—including the Mayor and local civic associations—can also initiate these proceedings, housing providers should be aware that action may be commenced by others even if the provider has not filed.
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. § 42-3602 establishes that tenants and occupants have the right to receive at least five days' written notice before any court hearing on whether their unit is a drug haven or constitutes a nuisance. The court must weigh all relevant evidence—including evidence that any alleged drug haven or nuisance had already been discontinued—before ordering eviction or recovery, meaning tenants have an opportunity to present their side. Tenants facing such proceedings may wish to consult a tenant-rights organization or legal aid provider familiar with D.C. housing law to understand the range of options available to them.
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