Section 45-1561

Citation: Section 45-1561
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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A tenant is constitutionally entitled to a jury trial in defending a landlord’s action for possession. Pernell v. Southall Realty, 416 U.S. 363, 370, 383, 94 S.Ct. 1723, 1727, 1733, 40 L.Ed.2d 198 (1974). Thus, a tenant served with a complaint and summons in a summary proceeding for possession, whether based on a notice to quit or on nonpayment of rent, may file a jury demand, pay a fee (unless excused), and submit a verified answer setting forth her defenses. Super.Ct. L & T R. 6. The Landlord and Tenant Branch will certify the case to the Civil Assignment Office, which will then schedule it for a jury trial on an expedited basis. Id, Until the case is called for trial, however, the Landlord and Tenant Branch retains jurisdiction over all motions, see Super.Ct. L & T R. 1, such as those concerning the protective order or requesting summary judgment. Cf. Super.Ct. L & T R. 5(c) (plea of title; certified to Civil Division not Civil Assignment Office; thus, jurisdiction transferred).

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