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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Because DCRA did not respond within the required forty-five days, the tenant argues that the D.C. government should be held to have granted her request for accommodation. The landlord replies that these regulations pertain only to "D.C. government" housing, not to "private landlords." The issue thus raised is a difficult one. Some of the language of the regulations arguably applies only to public housing, and indeed the federal government, by insisting that the District adopt suitable regulations, would seem to have primary interest in accommodations in federally-subsidized housing. On the other hand, the federal Fair Housing Act's "reasonable accommodation" requirement applies to private as well as public housing, see 42 U.S.C. § 3603(a) (2000), and DCRA could well serve as a facilitator of reasonable accommodations by brokering a dialogue between tenant and landlord to that end. Assuming, solely for the sake of argument, that these D.C. regulations apply here, and that the tenant's request was sufficient to trigger DCRA's obligation to respond, we need not consider the implications of DCRA's failure to do so, for the tenant has not pursued this issue before the en banc court and, in any event, no one questions the propriety of resolving the matter in Superior Court without consideration of a remedy or other participation by DCRA.

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