Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction: DC (municipal)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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The existence of the "health and safety" provision vindicates the underlying assumption of fairness to all upon which the Fair Housing Act and other civil rights statutes are based. This is so because the provision was designed to protect persons in the kind of situation in which Ms. Douglas' landlord and her fellow-residents found themselves. In holding that after a year of filth, rodents, and stench, § 3604(f)(9) still does not protect Ms. Douglas' neighbors from further extension of the unhealthy and potentially perilous status quo, the court, in my view, gives the health and safety provision a far too crabbed construction. In this case, as in Andover Hous. Auth., 820 N.E.2d at 825, "[t]here was simply a lack of evidence that if the tenant[']s eviction was delayed, [she] could conform [her] conduct to the terms of [her] lease."[8] V. THE DISTRICT GOVERNMENT'S ROLE

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