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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The tenant further argues, however, that the Landlord and Tenant Branch has limited jurisdiction; most notably, it has no authority to conduct jury trials. Moreover, she says, because the proceeding for a protective order, culminating in a McNeal hearing, is typically based on an oral motion and responsethere usually are no written pleadings, let alone service of processthe Landlord and Tenant Branch has no practical way, when it grants summary judgment, to certify the matter to the Civil Assignment Office for a jury trial. Accordingly, argues the tenant, the trial court's only proper course, consistent with its limited jurisdiction and the tenant's right to a jury, is to release the funds to the prevailing tenant without a McNeal *20 hearing and thus to leave it to the landlord to file a separate claim for unpaid rent in the Small Claims Branch or in the Civil Division if the tenant does not promptly tender the rent due for the litigation period.[15]

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