§ 42-3505

Citation: § 42-3505
Parent Document: Holmes, Jr. v. DC Department of Housing & Community Development and 1516 & 1520 Holobrook Street NE Tenants Association, Inc. (2020)
Jurisdiction: DC (municipal)
Effective Date: 2020-07-09
Original Source: https://www.courtlistener.com/opinion/4766849/holmes-jr-v-dc-department-of-ho... ↗

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           It is unclear whether he would have been authorized to do so. Mr. Holmes
did not address the question in his brief to this court, but the tenant association
argues that not only is the statute silent about a homeowner’s participation in the
registration process, see D.C. Code §§ 42-3404.11, -3405.04, but also it expressly
prohibits owners from “interfer[ing] with the right of a tenant or tenant organizer
to . . . [engage in] [a]ny . . . activity reasonably related to the establishment or
operation of a tenant organization.” D.C. Code § 42-3505.06(d)(8).
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          Mr. Holmes asserts that C.A. Harrison provided DHCD with information
that resulted in the agency’s ultimately granting the motion for reconsideration to
help C.A. Harrison defend against Mr. Holmes’s counterclaim in their separate
litigation. His assertion about CA Harrison’s motivations are not only speculative,
see D.C. Appleseed Ctr., 54 A.3d at 1200 (providing that injury in fact cannot be
based on speculation or conjecture), but also unsupported by the record, such as it
exists: C.A. Harrison initially provided information to DHCD regarding the tenant
association’s registration request in November 2015, seven months before it filed
suit against Mr. Holmes and well before Mr. Holmes filed his counterclaims.
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