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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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With this background, it is now possible to assess Diamond’s final argument. Diamond contends that this controversy is now moot because Mrs. Robinson has left the premises. But if, as Mrs. Robinson claims, her departure was necessitated by Diamond’s continued failure to repair code violations, the case is still very much alive. As discussed above, such a failure would constitute a constructive eviction of Mrs. Robinson. Diamond can hardly insist that it is entitled to legal possession because it has wrongfully seized actual possession. If the seizure of actual possession were sufficient to moot out a controversy over legal possession, a thief could never be forced to surrender the property he had stolen.