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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

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The District of Columbia Court of Appeals gave further effect to the Housing Regulations in Brown v. Southall Realty Co., 237 A.2d 834 (1968). There the landlord knew at the time the lease was signed that housing code violations existed which rendered the apartment “unsafe and unsanitary.” Viewing the lease as a contract, the District of Columbia Court of Appeals held that the premises were let in violation of Sections *10812304 53 and 2501 54 of the Regulations and that the lease, therefore, was void as an illegal contract. In the light of Brown, it is clear not only that the housing code creates privately enforceable duties as held in Whetzel, but that the basic validity of every housing contract depends upon substantial compliance with the housing code at the beginning of the lease term. The Brown court relied particularly upon Section 2501 of the Regulations which provides: