Bridges v. Clark, 59 A.3d 978 (2013)

Citation: Bridges v. Clark, 59 A.3d 978 (2013)
Parent Document: Bridges v. Clark, 59 A.3d 978 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-01-24
Original Source: https://www.courtlistener.com/opinion/5146099/bridges-v-clark/ ↗

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Finally, a requirement that the tenant explicitly testify to the existence of retaliation would be contrary to the clear purpose of the statutory presumption of retaliatory action. Tenants often will not have direct evidence of a landlord’s retaliatory motive. By creating a presumption of retaliatory action, the legislature “relieved the tenants of the burden of establishing a prima facie case of retaliatory action.” Gomez, 967 A.2d at 1291. The presumption is triggered even in the absence of direct evidence, whether from the tenant or anyone else, that the landlord in fact acted with a retaliatory motive. And when the presumption is triggered, the landlord bears the burden of rebutting the presumption by clear and convincing evidence. D.C.Code § 42-3505.02(b). That statutory scheme is incompatible with a requirement that a retaliation defense is available only if the tenant testifies directly that the landlord acted with a retaliatory motive. 3.

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