Habib v. Thurston, 517 A.2d 1 (1986)

Citation: Habib v. Thurston, 517 A.2d 1 (1986)
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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We have often observed that a protective order is an “equitable tool” designed to protect both parties during the pendency of a landlord-tenant action. Dameron, 431 A.2d at 583; accord Temple, 485 A.2d at 193; Davis v. Rental Associates, Inc., 456 A.2d 820, 823 (D.C.1983) (en banc) (plurality opinion); Mahdi v. Poretsky Management, Inc., 433 A.2d 1085, 1090 (D.C.1981) (per curiam). This device protects the tenant from falling further in arrears and risking forfeiture of her lease, Dameron, 431 A.2d at 583 n. 4, 584; McNeal, 346 A.2d at 512, and “ ‘provides a fund from which the tenant may receive an abatement if housing code violations ... are ... found.’ ” Temple, 485 A.2d at 193 (quoting Dameron, 431 A.2d at 584). The landlord, however, “is entitled to judicial protection of his fair *13compensation ‘for the possession he loses during the period of litigation.’ ” Dameron, 431 A.2d at 584 (citations omitted); accord Temple, 485 A.2d at 194. Payment of funds into the registry thus assures that, at the conclusion of the proceedings, the landlord will receive the reasonable value of the premises during tenant’s continued occupancy. See Temple, 485 A.2d at 193; Mahdi, 433 A.2d at 1088.

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