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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[14] In Part IV of our original opinion, we relied on Temple v. Thomas D. Walsh, Inc., 485 A.2d 192 (1984), which had rejected the argument that, when a tenant prevails in a notice case, the trial court is foreclosed from awarding to the landlord any of the funds the tenant had deposited in the registry under a protective order. In Temple, the trial court had held a McNeal hearing but ordered release of all the deposited funds to the landlord because the tenant had received the benefit of housing but offered no "evidence which would warrant a reduction in the amount due under her lease." Id. at 194. We affirmed this exercise of discretion. In our original opinion in the present case, we implicitly extended Temple in two respects. We held that in a notice case, where Javins defenses are withdrawn or irrelevant, a tenant is not entitled to a McNeal hearing since "she had asserted no claim tending to show that the landlord is entitled to less than the amount paid into the registry." At 13 (footnote omitted). We also held that, "absent an issue of abatement," the court did not have discretion to order the money in the registry returned to the tenant. Id. at 14.

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