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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (332)

Full Text

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Finally, on the premise, see Temple, that rights to the accumulated funds should depend on the merits of the landlord's claim for rent/damages during the litigation period, not on who prevailed in the possessory action, McNeal makes clear that due process requires an evidentiary hearing. Moreover, we have now held that the McNeal hearing must finally adjudicate the rent/damages issue as the predicate for disbursement. Accordingly, there is no principled basis for a discretionary award of the funds to either party until such a hearing and adjudication takes place.