Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Citation
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Parent Document
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-05-07

Other Sections in This Document (106)

Full Text

574 chars
Two previous decisions of this court, however, have held that the Housing Regulations create legal rights and duties enforceable in tort by private parties. In Whetzel v. Jess Fisher Management Co., 108 U.S.App.D.C. 385, 282 F.2d 943 (1960), we followed the leading ease of Altz v. Lieberson, 233 N.Y. 16, 134 N.E. 703 (1922), in holding (1) that the housing code altered the common law rule and imposed a duty to repair upon the landlord, and (2) that a right of action accrued to a tenant injured by the landlord’s breach of this duty. As Judge Cardozo wrote in Lieberson: