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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Holmes v. District of Columbia Board of Appeals & Review, 421 A.2d 27 (1980)

Citation
Holmes v. District of Columbia Board of Appeals & Review, 421 A.2d 27 (1980)
Parent Document
Holmes v. District of Columbia Board of Appeals & Review, 421 A.2d 27 (1980)
Jurisdiction
DC (municipal)
Effective Date
1980-09-30

Other Sections in This Document (30)

Full Text

1,287 chars
Petitioner contends the right of entry under the general licensing regulations is limited to an inspection for compliance with the articles of chapter three. The “laundry list” of regulated subjects in chapter three pertains generally to the common areas of the premises,12 with the exception of the provisions regulating mattresses and heating and cooking appliances. Although conceding that consistent provisions of chapter two (the Housing Code) are incorporated by reference into chapter three, petitioner argues that the chapter three (the Licensing Regulations) right of entry is narrower in scope than the chapter two right of entry and therefore the chapter two provision is inconsistent with chapter three and inapplicable. Thus, petitioner asserts that entry into the individual dwelling units to inspect for compliance with the provisions of chapter two is not within the scope of a chapter three inspection. Conceding that, while on a chapter three licensing inspection, an inspector must enter the private areas to inspect mattresses and cooking appliances, petitioner nevertheless argues that the inspector may not inspect for or note chapter two (Housing Code) violations in these areas unless he had probable cause to believe that those violations existed before entry.13