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
Original Source: https://www.courtlistener.com/opinion/304588/lena-robinson-v-diamond-housing-... ↗

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In order to clarify these and other ambiguities inherent in the Edwards defense, attorneys for Mrs. Robinson have suggested that we formulate comprehensive guidelines for the circumstances under which a landlord may evict his tenants when the premises contain unremedied housing code violations. Cf. American Bar Foundation, Model Residential Landlord-Tenant Code Sec. 2-407 (tent. draft 1969). We respectfully decline this invitation. We do so primarily because we think the Edwards rule, as supplemented by District law, is largely self-explanatory and its ramifications are best elucidated on a case-by-case basis. We are also motivated, however, by the fear, generated in part by this case, that any such guidelines would become the basis for mechanical legal decisions by judges, whereas we believe the matter is best left to the sound discretion of juries under proper instructions. Whether the landlord's action is retaliatory is, after all, a question of fact, see Edwards v. Habib, supra, 130 U.S.App.D.C. at 141, 397 F.2d at 702, and we would not be justified in taking it away from the jury merely because it is "hard." Cf. United States v. Leazer, 148 U.S.App.D.C. 356, 361, 460 F.2d 864, 869 (1972) (Chief Judge Bazelon, concurring). As the Supreme Court has made plain, "Trial by affidavit is no substitute for trial by jury which so long has been the hallmark of 'even handed justice."' Poller v. Columbia Broadcasting System, Inc., supra, 368 U.S. at 473, 82 S.Ct. at 491. This is especially true where, as here, the matter for decision involves a complex of moral and empirical judgments best left in the hands of representatives of the community as a whole. Cf. United States v. Bennett, 148 U.S.App.D.C. 364, 368, 460 F.2d 872, 876 (1972).

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