BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)

Citation: BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)
Parent Document: BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)
Jurisdiction: DC (municipal)
Effective Date: 2008-10-30
Original Source: https://www.courtlistener.com/opinion/1980162/borger-management-inc-v-nelson-lee/ ↗

Full Text

960 chars

As Borger urges, a liberal construction of the legislative scheme should also consider the right to quiet enjoyment of other tenants. However, Borger failed to contend in the trial court that Nelson-Lee never effectively cured and continued to disturb her neighbors. Had it done so, that court would have confronted the factual issue of whether, under the particular circumstances, the intra-thirty-day cure was simply manipulative of the system and no real cure at all. When thus presented, that court would consider whether the initial notice to cure was specific as to the type of violation, whether the second violation was the same as or sufficiently similar to the first violation in the initial notice to cure, and whether the recurrence was near in time to the first notice to cure. Because Borger failed to claim that Nelson-Lee did not effectively cure to the trial court, we decline to address this claim on appeal. District of Columbia v. Califano,

Other Sections in This Document (30)

Full Text