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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)

Citation
Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)
Parent Document
Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)
Jurisdiction
DC (municipal)
Effective Date
1976-02-24

Other Sections in This Document (93)

Full Text

1,157 chars
Briefly stated, the underlying rationale of that decision is that the Housing Regulations in this jurisdiction8 were promulgated at the explicit direction of Congress; their purpose is to secure safe and sanitary housing for the housing dwellers; effective implementation of these regulations depends in part on the private reporting of violations; though various statutes relating to landlord and tenant affairs provide that the landlord may evict for no reason at all upon proper notice, as a matter of statutory construction and for reasons of public policy this cannot be permitted if it is done in retaliation for the reporting of housing code violations to the authorities; and to permit such evictions would undercut the effectiveness of the housing code. Edwards v. Habib, supra, 130 U.S.App.D.C. at 138-141, 397 F.2d at 699-702. “A Congress which authorizes housing code promulgation and enforcement clearly cannot be taken to have excluded retaliatory eviction of the kind here alleged as a defense under a routine statutory eviction mechanism also provided by Congress.” Edwards z'. Habib, supra at 142, 397 F.2d at 703 (McGowan, J., concurring).