The Writ of Mandamus is an extraordinary remedy used to compel a public official to perform a duty that they are legally required to do, but have failed or refused to perform
1. The Mandatory Three-Part Test
To successfully petition for a Mandamus, a Landlord must demonstrate all three of the following conditions
- Clear Legal Right: You must prove you have a clear legal right to the relief requested.
- Clear Legal Duty: You must prove the official has a clear, non-discretionary legal duty to act.
- No Other Remedy: You must demonstrate that there is no other adequate legal remedy available to resolve the issue.
2. Execution: Using the Command Tool
This tool is most commonly used to break ‘stalls’ within government agencies
- Filing Against Agency Heads: The petition is typically filed against the head of an agency to force a decision.
- Common Triggers: Use this when a FOIA request is ignored beyond the legal deadline or when a permit/license decision is being indefinitely stalled.
- Jurisdiction: Ensure you file in the court that has the authority to issue orders to that specific government entity
3. Logistical Note: Check Administrative Exhaustion
Before filing for Mandamus, ensure you have used all internal agency grievance processes. Failure to ‘exhaust’ these options can lead to a dismissal of your petition
Notice: This page is a diagnostic blueprint for the Command Tool and does not constitute formal legal advice. It is a resource for Landlords to ensure Tenant officials perform their sworn duties