D.C. Code tit. 42 § 42-3604
Full hearing.
Operative Text
(a) (1) Within 10 days of the issuance of the preliminary injunction, excluding Saturdays, Sundays, and legal holidays, the Court shall hold a full hearing on the merits of the eviction action. If a hearing for a preliminary injunction has not been requested, the Court shall expeditiously schedule a full hearing. If it is determined by a preponderance of the evidence, after consideration of the factors set forth in § 42-3602 , that the rental unit is a drug haven, the Court shall issue a final order that mandates one or more of the following: (A) Eviction of the tenant or occupant within 72 hours; or (B) Closure of the rental unit for a period of time to be decided by the Court. (2) The Court may order the owner of the property to submit for court approval a plan of correction to ensure, to the extent reasonably possible, that the property will not again be used for a drug haven or nuisance. (b) Execution of a final order shall occur within 5 days of the issuance of the final order, excluding Saturdays, Sundays, and legal holidays. If the United States Marshal of the District of Columbia has not executed the final order within 5 days of issuance of the final order, the final order shall continue to be executable and valid, in accordance with Rule 16(a) of the Court Rules of Civil Procedure. (c) The Court shall not enter a final order to evict a tenant or occupant against whom the action was filed if the tenant or occupant shows by a preponderance of the evidence that the events or actions upon which the judgment may be granted: (1) Could not reasonably have been known to the tenant or occupant; (2) Were not part of a pattern and practice of the tenant or occupant of the unit; or (3) Were reported to the Metropolitan Police Department by the tenant or occupant.
Under D.C. Code § 42-3601 et seq. § 42-3604, once a court finds by a preponderance of the evidence that a rental unit qualifies as a drug haven, it must issue a final order requiring either eviction within 72 hours or closure of the unit for a court-determined period. The full hearing on the merits must occur within 10 business days of any preliminary injunction, and any final order must be executed within 5 business days. Importantly, a court cannot issue a final eviction order against a tenant who demonstrates that the underlying conduct was unknown to them, was not part of their pattern of behavior, or was reported by them to the Metropolitan Police Department.
Plain English — not legal advice.
Property owners involved in drug-haven proceedings under D.C. Code § 42-3601 et seq. § 42-3604 should be aware that the court may require them to submit a court-approved plan of correction designed to prevent the property from being used as a drug haven or nuisance in the future. Compliant operators generally maintain documented records of any steps taken to address illegal activity on their properties, which can be relevant to such a corrective plan. Familiarity with the tight procedural timelines—10 business days for a full hearing and 5 business days for execution of a final order—helps owners and managers respond appropriately to court proceedings.
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. § 42-3604 provides tenants with meaningful defenses against a final eviction order in drug-haven proceedings: a tenant may avoid eviction by showing that the relevant conduct was not reasonably knowable to them, was not part of their own pattern of behavior, or was reported by them to the Metropolitan Police Department. Tenants facing such proceedings may wish to gather documentation—such as police reports or communications with management—that supports one or more of these defenses. Tenant-rights organizations in the District of Columbia can help individuals understand how these defenses apply and what general options exist for responding to court actions under this provision.
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