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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Ayers v. Landow, 666 A.2d 51 (1995)

Citation
Ayers v. Landow, 666 A.2d 51 (1995)
Parent Document
Ayers v. Landow, 666 A.2d 51 (1995)
Jurisdiction
DC (municipal)
Effective Date
1995-10-02

Other Sections in This Document (158)

Full Text

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The judge next addressed the practical implications of Ayers' position. He observed that, under the landlord's proposed construction of § 45-1406, "hypothetically, what you could do is to mail on January 1st and then, when you get around to it in June, you could post, and then wait 30 days and bring a lawsuit at the end of June." Alternatively, the judge observed, "you could just do a prophylactic mailing of a bunch of notices to cure saying you've all got too many people, then wait 60 days, 90 days, see if you're happy — and post on the people that are still a problem." The judge concluded that "that kind of ambiguity with regard to this advance mailing, without the predicate [event] having yet occurred of posting, is just clearly not what's contemplated by the statute." Finally, he pointed out that "there's certainly no prejudice or burden on a landlord from complying with a straightforward interpretation of this statute."