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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction
California (state)
Effective Date
1970-11-10

Other Sections in This Document (98)

Full Text

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"The notion that the effectiveness of remedial legislation will be inhibited if those reporting violations of it can legally be intimidated is so fundamental that a presumption against the legality of such intimidation can be inferred as inherent in the legislation even if it is not expressed in the statute itself.... [W]e ... have the task of reconciling and harmonizing *513 two federal statutes so as to best effectuate the purposes of each. The proper balance can only be struck by interpreting [the District of Columbia eviction statutes] as inapplicable where the court's aid is invoked to effect an eviction in retaliation for reporting housing code violations." (Fns. omitted.) (Id. at pp. 699-702.)