1. (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.

2. (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. (1) Whether the plaintiff is likely to prevail on the merits of the case;
   2. (2) Whether, in the absence of relief, the plaintiff will suffer irreparable harm;
   3. (3) Whether there will be substantial harm to the defendant or another party if relief is granted; and
   4. (4) Whether the public interest favors granting relief.
3. (c) The housing provider and the Mayor shall not be required to give bond to obtain an injunction.

History

Oct. 19, 2000, D.C. Law 13-172, § 1304, 47 DCR 6308

Emergency Legislation

For temporary (90 day) amendment of section, see § 1304 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90-day) addition of section, see § 1304 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

Section References

This section is referenced in § 42-3606.