D.C. Code § 42-3101 through §42-3111 allows the Office of the Attorney General and community groups to file lawsuits against properties that are being used to sell, store or manufacture illegal drugs; that are being used to unlawfully store or sell guns; or that are being used to facilitate prostitution. These lawsuits must also show that the properties are having an “adverse effect” on the neighborhood as a result of the drug, gun, or prostitution activity. The law empowers judges in these lawsuits to remedy the nuisance through a variety of appropriate means, like ordering the landlord to evict a problem tenant, install security cameras, maintain a list of people who aren’t allowed on the property, or take other steps to prevent the nuisance activity.

1. When does this statute apply?

In order for the statute to apply, the plaintiff must be able to show that one of three things is happening at a property:

  • Manufacture or sale of illegal drugs,
  • Storage of illegal firearms, or
  • Prostitution.

NOTE: When the Office of the Attorney General files a lawsuit under this statute, the court will generally expect to see evidence that a police officer found drugs or guns at the nuisance property, or that an officer went undercover and was able to buy drugs or solicit prostitution at the property.

2. Who can file a lawsuit under this statute?

In addition to the Office of the Attorney General, community groups may also file lawsuits under the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Law.

§ 42-3101 (2) “Community-based organization” means any group, whether unincorporated or incorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods, of defined geographic boundaries, containing the drug-, firearm-, or prostitution-related nuisance, or any group organized to benefit the quality of life in a residential area containing the alleged drug-, firearm-, or prostitution-related nuisance.

At least one local witness required: For any community-based complaint, the organization needs at least one resident who:

  • Lives within 3,000 feet of the nuisance property, and
  • Is willing to sign an affidavit (a statement) about the drug, firearm, or prostitution nuisance and its adverse impact on the community.

§ 42-3103(c) When an action is brought pursuant to this chapter by a community-based organization, the complaint shall be supported by at least 1 person residing, either as a tenant or otherwise, or owning real property within 3000 feet of the property alleged to be a drug-, firearm-, or prostitution-related nuisance. Said support shall be in the form of an affidavit testifying to the fact that the affiant’s residence is within 3000 feet of the alleged drug-, firearm-, or prostitution-related nuisance, that the affiant has witnessed the activities alleged to constitute a drug-, firearm-, or prostitution-related nuisance, and that the affiant is aware of an adverse impact on the community stemming from the alleged drug-, firearm-, or prostitution-related nuisance.

3. Notice required before court action

D.C. Code § 42-3103(b) requires the prospective plaintiff to notify the owner of the nuisance before filing a complaint.

D.C. Code § 42-3103(b): No complaint shall be filed unless a reasonable attempt at notice to the owner of the property on which the alleged drug-, firearm-, or prostitution-related nuisance is situated is made no later than 14 days prior to the filing of the complaint. This notice requirement may be satisfied either by a mailing to the last known mailing address of the owner or by posting a conspicuous notice at the property stating the general nature of the drug-, firearm-, or prostitution-related nuisance.

4. Adverse impact

The drug, firearm, and prostitution nuisance statute requires the complaint to show an “adverse impact” on the area where the drug, firearm, or prostitution nuisance is located. The statute lists all of the conditions that can define adverse impact.

§ 42-3101(1) “Adverse impact” means the presence of anyone or more of the following conditions:

(A) Diminished real property value that is related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property;

(B) Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia, or violence stemming therefrom;

(C) Increased volume of vehicular and pedestrian traffic to and from the property that is related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property;

(D) An increase in the number of ambulance or police calls to the property that are related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia, or to violence stemming therefrom;

(E) Bothersome solicitations or approaches by persons wishing to engage in prostitution or to sell controlled substances or drug paraphernalia on or near the property;

(F) The presence, use, or display of firearms at or near the property;

(G) Investigative purchases of controlled substances or drug paraphernalia, the presence, use, or display of firearms, or investigative actions relating to prostitution by undercover law enforcement officers at or near the property;

(H) Arrests of persons on or near the property for criminal conduct relating to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia;

(I) Search warrants served or executed at the property relating to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia;

(J) A substantial number of complaints made to law enforcement and other government officials about alleged illegal activity associated with prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property; or

(K) The presence, use, display, or discharge of a firearm at the property.

If you know about a property that fits the definition of a Drug-, Gun- 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’s Housing and Community Justice Section by email at socialjustice@dc.gov or call the OAG Mediation Hotline at 202.442.9828.