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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)

Citation
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Parent Document
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Jurisdiction
DC (municipal)
Effective Date
2002-11-27

Full Text

537 chars
In the present case, the hearing examiner apparently believed that the tenant was required to prove retaliation by clear and convincing evidence, while in fact, as the agency and the court both recognize, this very formidable burden should have been imposed upon the landlord. The shift in burden was a substantial one. In such instances, I would ordinarily vote to. remand the case to the trier of fact to determine whether he — and not the Commission — would find that the landlord had carried the day by clear and convincing evidence.