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/ ↗

Full Text

1,722 chars

Fernandez's nuisance claim was based on H & M's alleged failure to repair the defective conditions of the apartment, which interfered with her use and enjoyment of her leasehold. Her claim has two flaws. First, the interference of which she complained was the result of the falling ceilings and the infestation of rodents. We hold that these problems, whatever else they may have been (viz., breach of the settlement agreement, breach of the warranty of habitability), did not amount to a nuisance.[6] There appears to be no District of Columbia authority directly in point,[7] but there is case law in our neighboring jurisdiction, Maryland, barring nuisance claims by tenants against landlords based on similar facts. In such cases "the plaintiff must recover, if at all, on the theory of negligence." State ex rel. Bohon v. Feldstein, 207 Md. 20, 35, 113 A.2d 100, 107 (1955); accord, Little v. Union Trust Co., 45 Md.App. 178, 185, 412 A.2d 1251, 1255 (1980) (tenants may not "proceed against a landlord for personal injuries based on a nuisance theory" but must "proceed by way of traditional negligence theory, as the Court ruled in State [ex rel. Bohon] v. Feldstein").[8] The rationale for these cases is that "[n]uisance ordinarily is not a separate tort in itself but a type of damage," so that a plaintiff seeking to recover on a nuisance theory must allege and *1073 prove some sort of tortious conduct. Feldstein, supra, 207 Md. at 34, 113 A.2d at 107. Because this rationale is consistent with District of Columbia law, see District of Columbia v. Fowler, 497 A.2d 456, 461 (D.C.1985), we adopt the Maryland precedents and hold that the falling ceilings and rodent invasions did not constitute a nuisance.[9]

Other Sections in This Document (123)

Full Text