Ayers v. Landow, 666 A.2d 51 (1995)

Citation: Ayers v. Landow, 666 A.2d 51 (1995)
Parent Document: Ayers v. Landow, 666 A.2d 51 (1995)
Jurisdiction: DC (municipal)
Effective Date: 1995-10-02
Original Source: https://www.courtlistener.com/opinion/2381535/ayers-v-landow/ ↗

Full Text

873 chars

Moreover, the mailing of the notice to supplement posting is required by § 45-1406 for constitutional reasons. Notice by posting of a summons on the door to the tenant's apartment, without more, has been held to be constitutionally inadequate. Greene v. Lindsey, 456 U.S. 444, 453-56, 102 S.Ct. 1874, 1879-81, 72 L.Ed.2d 249 (1982). The mailing requirement was added in 1984; its timing suggests that it was enacted in response to the Greene decision. Frank Emmet Real Estate, Inc. v. Monroe, 562 A.2d 134, 136 n. 5 (D.C.1989).[5] The words of § 45-1406, literally construed, are wholly consistent with the apparent constitutional imperative; if you post, then you must mail, or the posting will not comport with due process. The mailing, in other words, is ancillary to the posting. Accordingly, we are satisfied that the judge's reading of the statute was correct.[6] IV.

Other Sections in This Document (158)

Full Text