The Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Act (Nuisance Act) is a District of Columbia law that allows the Office of the Attorney General (OAG) and community groups to take legal action against owners of properties being used to sell or manufacture illegal drugs, unlawfully store firearms, or facilitate prostitution. The law applies when the nuisance activity is ongoing and has an adverse impact on the surrounding community.
In a lawsuit, the court generally looks for evidence from law enforcement—such as police reports of drugs or firearms seized from the property, or that a police officer went undercover and was able to buy drugs or solicit prostitution at the property—to show that nuisance activity is ongoing. The court also considers whether the property owner has taken reasonable steps to stop the nuisance activity.
If a property is found to be a nuisance, the court can order the property owner to take steps to stop the activity. This may include restricting or controlling access to the property, installing security doors or upgrading locks, improving lighting, addressing housing or maintenance issues that contribute to the nuisance activity, increasing building security, or taking other reasonable measures.
In many instance nuisance-related issues are resolved without going to court. The law requires advance notice, which gives property owners an opportunity to address the problems before a lawsuit is filed.
1. When does this law apply?
The Nuisance Abatement Act applies to properties where the following illegal activity is happening on an ongoing basis and has an adverse impact on the surrounding community:
- Manufacture or sale of illegal drugs,
- Storage of illegal firearms, or
- Prostitution.
2. Who can file a lawsuit under this law?
In addition to OAG, community-based organizations may also file lawsuits under the Nuisance Act. A community-based organization is a group that is based in or serves the neighborhood where the nuisance activity is occurring or works to improve the quality of life of the area.
To file a case, the community-based organization must be connected to the affected neighborhood, and the complaint must include at least one nearby resident or property owner (who lives or owns property within 3,000 feet of the property) who can testify about the nuisance activity they’ve witnessed and the adverse impact on the community.
3. What type of notice is required before a court action?
Before a lawsuit can be filed, the property owner must be given at least 14 days’ notice. Notice can be provided by mailing to the owner’s last known address or posting a visible notice at the property describing the nuisance-related activity.
4. What does adverse impact mean?
“Adverse impact” means the drug-, firearm-, or prostitution-related activity at the property is causing problems for the surrounding community. Under the law, adverse impact can include a range of conditions, such as:
- Increased police or emergency calls
- Increased fear of residents to walk through or in public areas
- Increased vehicle and pedestrian traffic to and from the property
- Arrests, search warrants, or undercover operations connected to the property
For the full definition, see D.C. Code § 42-3101(1).
If you know about a property that fits the definition of a drug-, firearm- or prostitution-related nuisance under this law and have already reported any illegal activities properly to the Metropolitan Police Department, please contact the Office of the Attorney General at nuisance.oag@dc.gov.