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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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11
Seizing upon this dicta, Diamond Housing instituted a third action for possession, this time on the basis of a 30-day notice. In support of its action, Diamond filed an affidavit stating that it was unwilling to make the repairs necessary to put the housing in compliance with the housing code and that it presently intended to take the unit off the rental market. See affidavit of Barry Mankowitz, Transcript of Record in DCCA No. 5194 at 64. In defense, Mrs. Robinson asserted that she was being evicted in retaliation for successfully asserting her Southall Realty rights in the previous actions, and that the eviction was therefore illegal under the principles announced in Edwards v. Habib, supra. Mrs. Robinson also argued that the eviction was barred under general equitable principles since Diamond Housing, having allowed its housing to fall into disrepair, lacked the requisite "clean hands."