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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 42-3505

Citation
§ 42-3505
Parent Document
Gomez v. Independence Management of Delaware, Inc., 967 A.2d 1276 (2009)
Jurisdiction
DC (municipal)
Effective Date
2009-03-26

Other Sections in This Document (161)

Full Text

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There is much to say on IMDel’s side of the debate, but the uncontroverted facts in this record are sufficient to trigger the statutory presumption. It is not clear to us that the trial court gave the tenants the benefit of that presumption. Moreover, on this record, we cannot hold as a matter of law that IMDel has “come[ ] forward with clear and convincing evidence to rebut [the] presumption” of retaliatory action. D.C.Code § 42-3505.02(b) (2001). The fact that the Rent Administrator “determine[d] that these improvements [to the building] cannot be safely or reasonably accomplished while the rental units are occupied[,]” 16