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Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)

Citation
Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Parent Document
Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Jurisdiction
DC (municipal)
Effective Date
2006-01-12

Other Sections in This Document (93)

Full Text

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On appeal, Scarborough raises a series of issues, chief of which is that the judgment of possession is invalid because, before initiating the suit for eviction, the Landlord did not comply with D.C.Code § 42-3505.01(b) (2001) by giving her a “notice to correct the violation” within thirty days. We reject this argument because we conclude that the requirement of a notice and opportunity to correct (or “cure”) as applied to criminal activity— such as possession of the loaded shotgun in this case — that endangers the safety or right to peaceful enjoyment of other tenants may not be imposed consistently with the federal statute and regulations governing appellant’s tenancy. And because we reject appellant’s other arguments as well, we affirm the judgment of possession. I.