Rule 3-I. Properties Subject to Court-Ordered Receiverships

(a) OWNER OR OWNER’S AGENT.

(1) In General. No owner or owner’s agent may file a complaint for possession of real

property based, in whole or in part, on nonpayment of rent if the property is subject to a

court-ordered receivership under D.C. Code §§ 34-2301 to -2306, 42-3301 to -3307, or

42-3651.01 to -.08, unless authorized by court order in the receivership action. A copy

of any order authorizing the filing of a complaint for possession of real property based,

in whole or in part, on nonpayment of rent must be attached as an exhibit to the

complaint.

(2) Pending Actions. If a complaint for possession of real property based, in whole or

in part, on nonpayment of rent is pending when a receiver is appointed, the owner or

owner’s agent must file a motion:

(A) requesting a status hearing;

(B) indicating that a receiver was appointed; and

(C) stating whether a court order in the receivership action authorizes the owner or

owner’s agent to proceed with the action.

(b) RECEIVERS.

(1) Receiverships Under D.C. Code §§ 34-2301 to -2306 or 42-3301 to -3307.

(A) Commencing an Action. A receiver may file a complaint seeking to recover

possession of real property that is the subject of a court-ordered receivership under

D.C. Code §§ 34-2301 to -2306 or 42-3301 to-3307. The receiver as plaintiff must file,

together with the complaint, a copy of the receivership order and either:

(i) a sworn statement signed by the owner reflecting the owner’s consent to be

joined as a party plaintiff; or

file a complaint seeking to recover

possession of real property that is the subject of a court-ordered receivership under

D.C. Code §§ 34-2301 to -2306 or 42-3301 to-3307. The receiver as plaintiff must file,

together with the complaint, a copy of the receivership order and either:

(i) a sworn statement signed by the owner reflecting the owner’s consent to be

joined as a party plaintiff; or

(ii) a motion for leave to join the owner as a party defendant.

(B) Service on Owner; Proof. Notwithstanding Rule 13(c), the receiver must serve

the complaint and any motion for joinder on the owner in any manner permitted by Civil

Rule 4 at least 30 days, not counting Sundays and legal holidays, before the initial

hearing. Proof of service must be by affidavit and must specifically state the person

served and the manner and date of service. Proof of service must be filed at least 21

days before the date set for the initial hearing.

(C) Court Determination. If the court determines at the initial hearing that the owner

may be joined and that the receiver has served the owner, the owner must be realigned

as a party plaintiff. The complaint must be dismissed without prejudice at the initial

hearing if the court determines that the owner may not properly be joined or that the

receiver has not served the owner, unless the court, for good cause, extends the time

for service. The standard for joinder set forth in Civil Rule 19 governs the Court’s

determination of joinder under Landlord and Tenant Rule 3-I(b)(1)(C).

ff. The complaint must be dismissed without prejudice at the initial

hearing if the court determines that the owner may not properly be joined or that the

receiver has not served the owner, unless the court, for good cause, extends the time

for service. The standard for joinder set forth in Civil Rule 19 governs the Court’s

determination of joinder under Landlord and Tenant Rule 3-I(b)(1)(C).

(2) All other Receiverships.

(A) Commencing an Action. In any other case brought by a receiver, the plaintiff

must file, together with the complaint, a copy of the order permitting the plaintiff to

proceed with the action and a statement specifying the reason that joinder of the owner

is not required.

(B) Court Approval. If the court determines at the initial hearing that joinder of the

owner is required, the court must continue the hearing to permit the plaintiff to serve and

join the owner in accordance Rule 3-I(b)(1)(B)-(C).

(c) COMPLAINTS NOT INVOLVING A CLAIM FOR NONPAYMENT OF RENT.

(1) Commencement of Action. Unless prohibited by the receivership order, an owner

or owner’s agent may file a complaint for possession of property subject to a court-

ordered receivership, under D.C. Code §§ 34-2301 to -2306, 42-3301 to -3307, or 42-

3651.01 to -.08, that is not based, in whole or in part, on nonpayment of rent. The owner

or owner’s agent must attach a copy of the receivership order as an exhibit to the

complaint.

(2) Service. At least 14 days before the initial hearing, the owner or owner’s agent

must file a certificate of service certifying that a file-stamped copy of the complaint has

been sent by first-class mail to the receiver at the most recent address on file with the

clerk in the receivership action.

or owner’s agent must attach a copy of the receivership order as an exhibit to the

complaint.

(2) Service. At least 14 days before the initial hearing, the owner or owner’s agent

must file a certificate of service certifying that a file-stamped copy of the complaint has

been sent by first-class mail to the receiver at the most recent address on file with the

clerk in the receivership action.

(3) Protective Orders. In an action brought by an owner or owner’s agent in which the

complaint is not based, in whole or in part, on nonpayment of rent, the court may not

enter a protective order unless the receiver has been joined as a party and served with

process as required by Rule 3-I(b). No money paid into the court registry pursuant to a

protective order may be released, except in a manner consistent with the court’s orders

in the receivership action.

(d) SERVICE OF PROCESS ON TENANT OR OCCUPANT. Nothing in this rule

relieves a plaintiff’s obligation to serve a tenant or occupant with process in accordance

with Rule 4.

(e) SANCTIONS. Any party who files a complaint in violation of this rule is subject to

reasonable sanctions, including, among others, reimbursement of the other parties’

expenses, payment of reasonable attorney’s fees, and dismissal of the complaint.

Instead of or in addition to these sanctions, a violation of a court order issued pursuant

to this rule or in connection with the receivership may result in an order treating the

violation as a contempt of court.

COMMENT TO 2024 AMENDMENTS

Subsections (b)(1)(A)(ii), (b)(1)(C), and (c)(3) have been amended to delete the

references to Civil Rule 19 consistent with the 2024 amendments to Landlord and

Tenant Rule 13 I. While Civil Rule 19 does not generally apply to Landlord and Tenant

cases, the standard for joinder set forth in Civil Rule 19 governs the Court’s

determination of joinder under Landlord and Tenant Rule 3-I(b)(1)(C). Subsections

(b)(1)(A)(ii), (b)(1)(C), and (c)(3) have been amended to delete the

references to Civil Rule 19 consistent with the 2024 amendments to Landlord and

Tenant Rule 13 I. While Civil Rule 19 does not generally apply to Landlord and Tenant

cases, the standard for joinder set forth in Civil Rule 19 governs the Court’s

determination of joinder under Landlord and Tenant Rule 3-I(b)(1)(C). Subsections

(a)(1), (b)(1)(A), and (c)(1) have been amended to delete the citation to the D.C. Code

year and volume consistent with the general restyling of the Superior Court Rules and

the Court of Appeals current Citation and Style Guide.

COMMENT TO 2023 AMENDMENTS

Subsection (b)(1)(B) has been amended in response to the Eviction Record Sealing

Authority and Fairness in Renting Amendment Act of 2022, § 2(b), D.C. Law No. 24-115

(May 18, 2022), D.C. Code § 16-1502(a) (2022), which requires that service of process

on the owner be effected at least 30 days, not counting Sundays and legal holidays,

before the initial hearing. Subsection (b)(1)(B) also has been amended to require that

proof of service on the owner be filed at least 21 days before the initial hearing.

This rule has been amended consistent with the stylistic changes to the civil rules.

The rule has also been amended to address receiverships not specifically covered by

subsection (b)(1) and to update statutory references.

COMMENT

Generally, when a property is subject to a court-ordered receivership under one of

the statutory provisions cited in the rule, neither the owner nor the owner’s agent is

permitted to collect rent from a tenant or to maintain an action for possession of the

property based upon a tenant’s alleged nonpayment of rent. The owner is a necessary

party, however, in the event that the receiver brings a complaint for possession of the

property. Shannon & Luchs Co. v. Jeter, 469 A.2d 812 (D.C. 1983). To join an owner

who will not join voluntarily, the federal counterpart of SCR-Civ

o collect rent from a tenant or to maintain an action for possession of the

property based upon a tenant’s alleged nonpayment of rent. The owner is a necessary

party, however, in the event that the receiver brings a complaint for possession of the

property. Shannon & Luchs Co. v. Jeter, 469 A.2d 812 (D.C. 1983). To join an owner

who will not join voluntarily, the federal counterpart of SCR-Civ. 19 requires that the

owner be served with process, joined as a defendant, and realigned as a plaintiff. JTG

of Nashville, Inc. v. Rhythm Band, Inc., 693 F. Supp. 623, 628 (M.D. Tenn. 1988). See

also Raskauskas v. Temple Realty Co., 589 A.2d 17, 20 n.2, 21-22 (D.C. 1991).

Tenant receiverships are not included in section (b) because the reasoning in Jeter is

inapplicable in tenant receiverships in which the receiver has the right to demand

possession of the property. D.C. Code § 42-3651.06(a)(1) (2001).