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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)

Citation
Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)
Parent Document
Temple v. DC RENTAL HOUSING COM'N, 536 A.2d 1024 (1987)
Jurisdiction
DC (municipal)
Effective Date
1987-12-01

Other Sections in This Document (126)

Full Text

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Temple finally asserts that hearing examiner Blaher acted beyond his authority in awarding damages to tenants Charles Faust and Steven Schlein who did not join the petitions of Kirkendall or Lobsenz.[23] Temple does not question the authority of the RACD to expand the scope of a proceeding to include all tenants affected by the adjudication of a petition filed by a fellow tenant. 14 DCMR §§ 3105.1-3105.4 (1986). Rather, he argues that the due process rights of Faust and Schlein are violated by the agency's decision to expand the scope of the hearing in the absence of their explicit consent. Since the interests of Temple are adverse to those of Faust and Schlein, and since Faust and Schlein have had ample opportunity to assert their rights, Temple lacks standing to make a constitutional claim on their behalf before this court. See Barrows v. Jackson, 346 U.S. 249, 255, 73 S.Ct. 1031, 1034, 97 L.Ed. 1586 (1953) ("[o]rdinarily, one may not claim standing in this Court to vindicate the constitutional rights of some third party"); Singleton v. Wulff, 428 U.S. 106, 114-16, 96 S.Ct. 2868, 2874-75, 49 L.Ed.2d 826 (1976) ("the Court has looked primarily to two factual elements to determine whether the rule [prohibiting assertion of third parties' rights] should apply. The first is the relationship of the litigant to the person whose right he seeks to assert.... [T]he relationship between the litigant and the third party may be such that the former is fully, or very nearly, as effective a proponent of the right as the latter.... The other factual element to which the Court has looked is the ability of the third party to assert his own right."). V.