§ 16-1502a — Protective orders and court registry payments.

(a) Any party to a case for restitution of possession based on nonpayment of rent may move for the entry of a protective order that prospectively requires the defendant to deposit the rent payment, in the monthly amount required by the rent ledger, lease, rental agreement, or rental agreement addenda, into the court's registry, in regular monthly intervals, through the conclusion of the case.

(b) Parties may enter into, vacate, or modify protective orders by consent with the approval of the court at any time.

(c) If a motion for a protective order is made, the court shall address the motion as follows:

(1) The court shall inform the defendant of common protective order defenses that may justify a reduction in protective order monthly amounts, including current violations of the housing code and disputes over the calculation of the monthly rent amount asserted in the complaint. The court shall inform the defendant of the possible consequences of knowingly asserting baseless defenses.

(2) The court shall issue a preliminary protective order for the monthly rent amount required by the rent ledger, lease, rental agreement, or rental agreement addenda after the initial motion and shall schedule a hearing thereafter on any alleged current violations of the housing code or other defenses that may merit an adjustment to the preliminary protective order. In determining the amount of the preliminary protective order, the court is not required to conduct an evidentiary proceeding, but may in its discretion consider evidence that the parties are prepared to present, including whether there is any dispute regarding the plaintiff's assertion of the monthly rent amount.