District of Columbia § 42-3603 Preliminary injunction review.

District of Columbia Statutes

§ 42-3603 — Preliminary injunction review.

District of Columbia·Title 42 Real Property.·Ch. 36 Residential Drug-Related Evictions.

(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

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(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.

District of Columbia § 42-3603 (Preliminary injunction review.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.