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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

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Diamond argues that such a solution represents poor public policy and a poor reading of the applicable statutes. So long as the landlord is not receiving rent, the argument goes, he will certainly not be able to finance repairs. Yet so long as he cannot make repairs, he will not be able to collect rent. Unable to break out of this vicious circle, the landlord is likely to abandon the building altogether without even bothering with an attempted eviction. Diamond contends that this unfortunate result was wisely precluded by the legislature when it approved Section 2301 of the housing code: “No owner, licensee, or tenant shall occupy or permit the occupancy of any habitation in violation of these regulations.” Diamond argues that since this section prohibits Mrs. Robinson from remaining in her house and Diamond from allowing her to remain there, an eviction must be proper even though —indeed, for the very reason that— there are unremedied housing code violations on the premises.