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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[19] This is especially clear from the fact that there may be cases where the court has permitted a partial release of funds from the registry to the landlord during the pendency of the protective order, based on estimates of the landlord's need to meet mortgage and other expenses, see Bell, 139 U.S.App.D.C. at 111-12, 430 F.2d at 484-85, weighed against the tenant's need for retention of an amount sufficient to secure her Javins defenses. See Dameron, 431 A.2d at 582. These payouts "effect [] no permanent disposition of property," id. at 582, and thus are subject to review at the McNeal hearing. There is a special responsibility at a McNeal hearing, therefore, to be sure that the final distribution is precisely in accord with the parties' respective rights and obligations for rent/damages over the entire litigation period, including any necessary judgment for a deficiency awardable to either party.

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