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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Citation
Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Parent Document
Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Jurisdiction
DC (municipal)
Effective Date
1972-04-03

Other Sections in This Document (189)

Full Text

925 chars
Thus Diamond Housing is correct when it asserts it will never be able to evict Mrs. Robinson so long as it is motivated by a desire to rid itself of a tenant who is not paying rent. But it does not follow that Diamond will be burdened by its unwanted tenant forever. If Diamond comes forward with a legitimate business justification- — other than the mere desire to get rid of a tenant exercising Southall Realty rights — it may be able to convince a jury that it is motivated by this proper concern. For example, if Diamond brought the premises up to housing code standards so that rent was again due and then evicted the tenant for some unrelated, lawful reason, the eviction would be permissible. Similarly, if Diamond were to make a convincing showing that it was for some reason impossible or unfeasible to make repairs, it would have a legiti*866mate reason for evicting the tenant and taking the unit off the market.20