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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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Nor is Diamond helped by the language in Section 2301 prohibiting landlords from “permit [ting] the occupancy” of premises with code violations. Diamond argues that it can hardly be required to do something which the law itself prohibits. But the suppressed premise in this reasoning is that Diamond can avoid violating Section 2301 only by evicting the tenant. If this were in fact true — that is, if Diamond were unable to repair the premises— then, under the principles outlined above, an eviction would be permissible.25 But Diamond has failed to show that that situation is posed by this case. If the landlord is able to repair the premises, another method is available to him for complying with the requirements of Section 2301. Since a retaliatory eviction would be unlawful under Edwards and under the housing code, the landlord must choose the only lawful method of *869compliance — i. e., he must repair the premises.