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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 10

Citation
Section 10
Parent Document
Jack Spicer Real Estate, Inc. v. Gassaway, 353 A.2d 288 (1976)
Jurisdiction
DC (municipal)
Effective Date
1976-03-09

Full Text

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Appellant asserts next that even if we acknowledge the constitutional power of Congress to enact the regulations in question, the necessary authority to do so was not delegated to the Council pursuant to the Act. It points out that Section 10 is in direct conflict with D.C.Code 1973, § 45-901 which provides that a tenant whose lease has expired may be evicted without the service of a notice to quit and § 45-904 which does not require that a notice to quit contain a reason therefor. Appellant contends that the failure of Congress to specifically authorize the Council to supercede a code provision pursuant to its rent control authority belies a congressional intent to allow such a result.