Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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By its own terms, the Cooks ease is of very limited precedential value, and in this instance we find it totally inapplicable because H & M’s contention that the value of the apartment in good repair and its value “as is” were not shown is simply wrong. The value of the apartment in good repair was established by proof of the amount of the monthly rent, as Cooks itself teaches. Id. at 214, 455 F.2d at 1282. Furthermore, the persistent and extreme problems with leaking and falling ceilings and rodent infestation were sufficient to allow the jury to find that the apartment’s “as is” value was zero, thereby allowing a complete abatement of rent. Expert testimony or other evidence of the market value of an apartment in such condition was not necessary; evidence of the problems themselves was enough. See Javins v. First National Realty Corp., supra note 4, 138 U.S.App.D.C. at 380-381, 428 F.2d at 1082-1083. D. Nuisance

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