Twyman v. Johnson, 655 A.2d 850 (1995)

Citation: Twyman v. Johnson, 655 A.2d 850 (1995)
Parent Document: Twyman v. Johnson, 655 A.2d 850 (1995)
Jurisdiction: DC (municipal)
Effective Date: 1995-03-13
Original Source: https://www.courtlistener.com/opinion/1512354/twyman-v-johnson/ ↗

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54 A.2d 144 (D.C.1947).” We express no view on this issue, however, because the affirmative defense of retaliation (as distinct from Twyman’s separate claim and counterclaim alleging retaliation) had no effect upon the jury’s verdict in this case. The verdict form which the jury completed makes clear that its verdict in the landlord and tenant suit rested on partial (but not total) acceptance of Twyman’s claim of housing code violations and her consequent entitlement to a rent abatement. In the companion civil action, by contrast, the jury both rejected Twyman’s claim of abuse of process and found in her favor on the claim of retaliation, awarding her $10,000. The propriety of the latter verdict (or not) would have no effect on the jury’s finding that Johnson partly breached the warranty of habitability and that Twyman was partly justified in withholding rent. We therefore decline to consider Johnson’s attack on retaliation as an affirmative defense to suits for non-payment of rent rather than for “possession based upon a notice to quit.”

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