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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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We follow the Illinois court in holding that the housing code must be read into housing contracts — a holding also required by the purposes and the structure of the code itself.57 The duties imposed by the Housing Regulations may *1082not be waived or shifted by agreement if the Regulations specifically place the duty upon the lessor.58 Criminal penalties are provided if these duties are ignored. This regulatory structure was established by the Commissioners because, in their judgment, the grave conditions in the housing market required serious action. Yet official enforcement of the housing code has been far from uniformly effective.59 Innumerable studies have documented the desperate condition of rental housing in the District of Columbia and in the nation. In view of these circumstances, we think the conclusion reached by the Supreme Court of Wisconsin as to the effect of a housing code on the old common law rule cannot be avoided: