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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It is commonplace, however, that a jury can judge a landlord's state of mind only by examining its objective manifestations. See Ackerhalt v. Smith, D.C.Mun.App., 141 A.2d 187, 189 (1950). Thus when the landlord's conduct is "inherently destructive" of tenants' rights, or unavoidably chills their exercise, the jury may, under well recognized principles, presume that the landlord intended this result. Cf. NLRB v. Brown, 380 U.S. 278, 287, 85 S.Ct. 980, 13 L.Ed.2d 839 (1965); NLRB v. Erie Resistor Corp., 373 U.S. 221, 228, 231, 83 S.Ct. 1139, 10 L.Ed.2d 308 (1963). An unexplained eviction following successful assertion of a Javins or Southall Realty defense falls within this inherently destructive category and hence gives rise to the presumption. Once the presumption is established, it is then up to the landlord to rebut it by demonstrating that he is motivated by some legitimate business purpose rather than by the illicit motive which would otherwise be presumed. See Edwards v. Habib, supra, 130 U.S.App.D.C. at 141 n. 53, 397 F.2d at 702 n. 53. Cf. NLRB v. Great Dane Trailers, Inc., 388 U.S. 26, 33, 87 S.Ct. 1792, 18 L.Ed.2d 1027 (1967). We wish to emphasize, however, that the landlord's desire to remove a tenant who is not paying rent is not such a legitimate purpose. Southall Realty and the housing code guarantee the right of a tenant to remain in possession without paying rent when the premises are burdened with substantial housing code violations making them unsafe and unsanitary. The landlord of such premises who evicts his tenant because he will not pay rent is in effect evicting him for asserting his legal right to refuse to pay rent. This, of course, is the very sort of reason which, according to Edwards and the housing code, will not support an eviction.

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