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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More specifically, at the conclusion of a possessory action, “the court has an obligation, irrespective of the outcome of that action, to distribute in an equitable fashion, any funds deposited in the court registry pursuant to the protective order.” Temple, 485 A.2d at 193. If the tenant alleges substantial housing code violations entitling her to an abatement of rent and the “proportionate rights of the parties” were not settled in the underlying possessory action, the court must hold an evidentiary hearing to determine what portion of the payment otherwise due should be abated. City Wide Learning Center, Inc. v. William C. Smith & Co., 488 A.2d 1310, 1314 (D.C.1985); Goodwin v. Barnes, 456 A.2d 1246, 1247 (D.C.1983); McNeal, 346 A.2d at 514; see also Smith v. Interstate General Corp., 462 A.2d 1133, 1134 n. 3 (D.C.1983). Such a hearing “is solely for the purpose of examining evidence of housing code violations or other defects...” Goodwin, 456 A.2d at 1247.

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