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D.C. Appeals Court REVERSAL: “TENANT AT WILL VICTORY” Banks v. Eastern Savings Bank

D.C. Appeals Court REVERSAL: “TENANT AT WILL VICTORY” Banks v. Eastern Savings Bank


Nos. 08-CV-16, 08-CV-1281, 09-CV-427, 09-CV-428

District of Columbia Court of Appeals.

Argued November 19, 2010.

Decided December 2, 2010.

Aaron G. Sokolow, with whom Morris R. Battino was on the brief, for appellant.
Stephen O. Hessler for appellee.

Before WASHINGTON, Chief Judge, GLICKMAN, Associate Judge, and NEWMAN, Senior Judge.
We recognize the “hypertechnical” nature of this regulation and understand that no administrative action was instituted against ESB for its late notification. Nevertheless, we are persuaded that our strict adherence to statutory notice procedures compels a similar result when applying RHC regulations that affect eviction proceedings. See Ayers, 666 A.2d at 52 (strictly construing “hypertechnical” service of process statutory provisions). Therefore, because ESB’s Notice to Quit or Vacate was defective, we reverse the judgment for possession.


The trial court erred when it ordered the removal of Banks’ lis pendens notice. We therefore reverse its order.

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