2023 District of Columbia Code › Title 42 - Real Property › Chapter 36 - Residential Drug-Related Evictions › Subchapter I - Residential Drug-Related Evictions › § 42–3601. Definitions

§ 42–3601. Definitions.
For the purposes of this subchapter, the term:
(1) “Civic association” means:
(A) A nonprofit association, corporation, or other organization that is:
(i) Comprised of residents of a community within which a nuisance is located;
(ii) Operated exclusively for the promotion of social welfare and general neighborhood improvement and enhancement; and
(iii) Exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; or
(B) A nonprofit association, corporation, or other organization that is:
(i) Comprised of residents of a contiguous community that is defined by specific geographic boundaries, within which a nuisance is located; and
(ii) Operated for the promotion of the welfare, improvement, and enhancement of that community.
(2) “Closure” means the closing of a rental unit or housing accommodation.
(3) “Community association” means:
(A) A nonprofit association, corporation, or other organization that is:
(i) Comprised of residents of a community within which a nuisance is located;
(ii) Operated exclusively for the promotion of social welfare and general neighborhood improvement and enhancement; and
(iii) Exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; or
(B) A nonprofit association, corporation, or other organization that is:
(i) Comprised of residents of a contiguous community that is defined by specific geographic boundaries, within which a nuisance is located; and
(ii) Operated for the promotion of the welfare, improvement, and enhancement of that community.
(4) “Controlled dangerous substance” means any of the controlled dangerous substances as defined in § 48-901.02(4).
(5) “Controlled Substances Act” means the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C. § 801 et seq.).
(6) “Court” means the Landlord and Tenant Branch of the Civil Division of the Superior Court.
(7) “District” means the District of Columbia.
(8) “Drug haven” means a housing accommodation, or land appurtenant to or common areas of a housing accommodation where drugs are illegally stored, manufactured, used, or distributed.
(9) “Drug-related eviction” means an eviction pursuant to this subchapter.
(10) “Drug” means a controlled substance as defined in § 33-504(4) [repealed] or the Controlled Substances Act.
(11) “Housing accommodation” means a building that is or contains at least one rental unit and the land appurtenant to the building.
(12) “Housing provider” means:
(A) A landlord, owner, lessor, sublessor, or assignee;
(B) The agent of a landlord, owner, lessor, sublessor, or assignee; or
(C) A person entitled to receive compensation for the use or occupancy of a rental unit within a housing accommodation.
(13) “Internal Revenue Code” means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).
(14) “Manufacture” shall have the same meaning as that term has in § 48-901.02(13) or the Controlled Substances Act.
(15) “Nuisance” means a property that is used:
(A) By persons who assemble for the specific purpose of illegally using a controlled dangerous substance;
(B) For the illegal manufacture or distribution of:
(i) A controlled dangerous substance; or
(ii) Drug paraphernalia, as defined in § 48-1101(3); or
(C) For the illegal storage or concealment of a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense:
(i) A controlled dangerous substance; or
(ii) Drug paraphernalia, as defined in § 48-1101(3).
(16) “Occupant” means a person authorized by the tenant or housing provider to be on the premises of the rental unit.
(17) “Rental unit” means an apartment, room, or part of a publicly or privately owned housing accommodation that is rented or offered for rent for residential occupancy, and the land appurtenant to the apartment, room, or part of the housing accommodation.
(18) “Resident association” means an organization of residents of a multifamily building or a single complex of jointly managed multifamily buildings.
(19) “Tenant” means a lessee, sublessee, or other person entitled to the possession or occupancy of a rental unit.
(20) “Uniform Controlled Substances Act” means Chapter 9 of Title 48.
(Oct. 19, 2000, D.C. Law 13-172, § 1302, 47 DCR 6308; Apr. 27, 2001, D.C. Law 13-281, § 107, 48 DCR 1888; Oct. 19, 2002, D.C. Law 14-213, § 32(b), 49 DCR 8140.)
Effect of Amendments
D.C. Law 13-281 rewrote par. (4) which had read:
“(4) ‘Controlled dangerous substance’ means any of the controlled substances as defined in § 48-902.04(1) and (2).”
D.C. Law 14-213, in par. (4), validated a previously made technical correction.
Emergency Legislation
For temporary (90-day) addition of section, see § 1302 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 1302 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
References in Text
Section 33-504, referred to in par. (10), did not exist in the 1981 Edition at the time of the recodification into the 2001 Edition.