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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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51
Although superficially persuasive, on closer analysis this argument turns out to be built on a series of non sequiturs. Section 2301 cannot be read in isolation. It is part of a larger scheme which is clearly designed to protect tenants and encourage them to demand their rights, not to punish them. True, Section 2301 makes it illegal for a tenant to remain in a unit burdened with code violations, and there are procedures available through which the city government can force such a tenant to vacate the premises. See 5 D.C.Code Sec. 508 (1967); Regulations Sec. 3301. But it does not follow that Section 2301 should therefore be interpreted as authorizing retaliatory evictions by landlords, particularly where another section of the same code makes retaliatory evictions unlawful. The housing code plainly places the primary responsibility for repair of housing violations on the landlord. Cf. Javins v. First National Realty Corp., supra; Kanelos v. Kettler, 132 U.S.App. D.C. 133, 138, 406 F.2d 951, 956 (1968). Under ordinary estoppel principles, the landlord can hardly rely on his own wrongful neglect of this duty as a ground for evicting his tenant. Cf., e. g., Brant v. Virginia Coal & Iron Co., 93 U.S. (3 Otto) 326, 23 L.Ed. 927 (1876); Russell v. Texas Co., 9 Cir., 238 F.2d 636 (1956), cert. denied, 354 U.S. 938, 77 S.Ct. 1400, 1 L.Ed.2d 1537 (1957). Indeed, such principles of estoppel underlie the opinions of this court in Edwards and Javins and of the District of Columbia Court of Appeals in Southall Realty since in all of those cases the landlord was prevented from evicting his tenant despite housing code violations which put the premises within the scope of Section 2301.