Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970) DC municipal

Treating the modern day urban lease as a contract, this court in Javins, sutpra, recognized, among other things, that repair of the leased premises in a multiple dwelling unit may require access to equipment in areas in the control of...

Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970) DC municipal

14 Treating the modern day urban lease as a contract, this court in Javins, supra, recognized, among other things, that repair of the leased premises in a multiple dwelling unit may require access to equipment in areas in the control...

Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Javins v. First National Realty Corp., 428 F.2d 1071 (1970) DC municipal

...In our judgment, the old no-repair rule can*1077not coexist with the obligations imposed on the landlord by a typical modern housing code, and must be abandoned28 in favor of an implied warranty of habitability.29 In the District...

Holmes v. District of Columbia Board of Appeals & Review, 421 A.2d 27 (1980)

Holmes v. District of Columbia Board of Appeals & Review, 421 A.2d 27 (1980) DC municipal

...Chapter two lays down minimum standards of repair, sanitation, and occupancy. The subchapters or articles thereof concern right of entry and penalties for noncompliance (Article 210); minimum standards of natural light and ventilation and the height of habitable rooms (Article...

Section 2304

Brown v. Southall Realty Company, 237 A.2d 834 (1968) DC municipal

...of the signing of the lease agreement were of a nature to make the “habitation” unsafe and unsanitary. Neither had the premises been maintained or repaired to the degree, contemplated by the regulations, i. e., “designed to make a premises...

George Washington University v. Weintraub, 458 A.2d 43 (1983)

George Washington University v. Weintraub, 458 A.2d 43 (1983) DC municipal

...The Indiana Court of Appeals has announced that the full range of damage remedies will be available for breach of the implied warranty of habitability, but only after actual or constructive notice “and an opportunity to repair.” Old Town Development...

George Washington University v. Weintraub, 458 A.2d 43 (1983)

George Washington University v. Weintraub, 458 A.2d 43 (1983) DC municipal

...The Indiana Court of Appeals has announced that the full range of damage remedies will be available for breach of the implied warranty of habitability, but only after actual or constructive notice "and an opportunity to repair." Old Town Development...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

...those units which the landlord is unable to repair, and those units which the landlord could, but will not, repair. We submit that nothing in our decision today necessitates long term occupancy of housing in either of these categories. In...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

...those units which the landlord is unable to repair, and those units which the landlord could, but will not, repair. We submit that nothing in our decision today necessitates long term occupancy of housing in either of these categories. In...

Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Javins v. First National Realty Corp., 428 F.2d 1071 (1970) DC municipal

Thus we are led by our inspection of the relevant legal principles and precedents to the conclusion that the old common law rule imposing an obligation _upon the lessee to repair during the lease term was really never intended to...

Hsu v. Thomas, 387 A.2d 588 (1978)

Hsu v. Thomas, 387 A.2d 588 (1978) DC municipal

...standards of repair and sanitation, the rental agreement is void. In addition, § 2902.1(b) of the Housing Regulations provides that a rental agreement shall be rendered void if subsequent to the inception of the tenancy, habitation becomes unsafe or...

Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Bernstein v. Fernandez, 649 A.2d 1064 (1991) DC municipal

...repair efforts were made in good faith, good faith was no defense to the breach of either the settlement agreement or the consent order.5 Ample evidence supported the jury’s verdict on this count. C. The warranty of habitability

Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Bernstein v. Fernandez, 649 A.2d 1064 (1991) DC municipal

...repair efforts were made in good faith, good faith was no defense to the breach of either the settlement agreement or the consent order.[5] Ample evidence supported the jury's verdict on this count. C. The warranty of habitability

Saunders v. First National Realty Corporation, 245 A.2d 836 (1968)

Saunders v. First National Realty Corporation, 245 A.2d 836 (1968) DC municipal

...a landlord does not impliedly covenant or warrant that the leased premises are in habitable condition and the landlord is not obligated to make ordinary repairs to the leased premises in the exclusive control of the tenant. The question here...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

It is clear, then, that whether the landlord is unable to repair the premises or simply unwilling, the policy of Section 2301 can be respected without authorizing evictions which violate Southall Realty, Edwards, and the housing code itself. We must...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

...So long as the landlord is not receiving rent, the argument goes, he will certainly not be able to finance repairs. Yet so long as he cannot make repairs, he will not be able to collect rent. Unable to break...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

55 It is clear, then, that whether the landlord is unable to repair the premises or simply unwilling, the policy of Section 2301 can be respected without authorizing evictions which violate Southall Realty, Edwards, and the housing code itself. We...

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972) DC municipal

...So long as the landlord is not receiving rent, the argument goes, he will certainly not be able to finance repairs. Yet so long as he cannot make repairs, he will not be able to collect rent. Unable to break...

John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)

John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970) DC municipal

in adopting a warranty of habitability theory, we think that in a tort context the rule providing that the landlord is subject to a duty to repair only insofar as he retains "control” of the property should not apply to...

George Washington University v. Weintraub, 458 A.2d 43 (1983)

George Washington University v. Weintraub, 458 A.2d 43 (1983) DC municipal

...In short, under the Massachusetts rule, immediately upon notice to the landlord of a breach of warranty of habitability, the tenant need only pay what the property is worth; the rent is abated to that extent. Cf. William J. Davis...