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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Thus the landlord's mere allegation that he is removing the unit from the market because he cannot afford to make repairs does not mean that the jury will find that he is in fact unable to make the necessary repairs. Moreover, even if the jury makes such a finding, it still does not follow that judgment for the landlord is compelled. We must remember that we are dealing with a question of subjective motive, and that objective factors are relevant only as indicia of motive. Thus the mere existence of a legitimate reason for the landlord's actions will not help him if the jury finds that he was in fact motivated by some illegitimate reason. Cf. Williams v. Allen, 5 Cir., 439 F.2d 1398 (1971). In cases of mixed motives, the jury will have the difficult task of weighing one against the other and determining which was the causative factor. Cf. Textile Workers Union v. Darlington Manufacturing Co., supra, 380 U.S. at 268-269, 85 S.Ct. 994.

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