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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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42
Diamond argues that such a ruling is precluded by this court's previous statement in Whetzel v. Jess Fisher Management Co., supra, 108 U.S.App.D. C. at 392, 282 F.2d at 950: "Sec. 2301 [of the housing code] imposes upon the [landlord] a duty of care toward its tenants. This duty can be satisfied either by making the necessary repairs or by terminating use of the premises as a place of human habitation." But Diamond's assertions to the contrary notwithstanding, this statement does not give the landlord carte blanche so long as he can point to the existence of some housing code violations. Nor does it establish the absolute right of the landlord to remove a unit from the market when he does so for an unlawful purpose. We adhere to the Whetzel court's suggestion that the landlord may terminate use of a unit which is burdened with housing code violations, but we reject the argument that the Whetzel dicta is sufficient to turn an otherwise unlawful eviction into a lawful one. As we explained in Javins, "Our holding * * * affects only eviction for nonpayment of rent. The landlord is free to seek eviction at the termination of the lease or on any other legal ground." 138 U.S.App.D.C. at 381 n. 64, 428 F.2d at 1083 n. 64. (Emphasis added.) An eviction grounded on a desire to punish a tenant's exercise of Southall Realty rights is plainly illegal, and its illicit status remains unchanged even if it is accompanied by withdrawal of the unit from the housing market.