Lynch v. Ghaida (2024)

Citation: Lynch v. Ghaida (2024)
Parent Document: Lynch v. Ghaida (2024)
Jurisdiction: DC (municipal)
Effective Date: 2024-08-08
Original Source: https://www.courtlistener.com/opinion/10034553/lynch-v-ghaida/ ↗

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         When the term “substantial violation” is used in the implied warranty of
habitability setting, we understand it to mean a violation that is more than de
minimis. For example, we used the term “substantial violation” in Curry, noting that
“the landlord’s breach of the warranty of habitability, as measured by substantial
violations of the housing code, can be interposed by a tenant as a defense, in whole
or in part, to the landlord’s claim that possession should be surrendered because rent
is owed.” Curry v. Dunbar House, Inc., 362 A.2d 686, 689 (D.C. 1976). However,
we connected that term to the more than de minimis standard, explaining that,
“[s]ince the predominant concern is the habitability of the premises, violations of
law which are de minimis with respect thereto do not represent a breach of the
landlord’s obligations.” Id. at 690.

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