Javins v. First National Realty Corp.
United States Court of Appeals for the District of Columbia Circuit
428 F.2d 1071 (1970)
- Written by Angela Patrick, JD
Facts
First National Realty Corporation (First National) (plaintiff) filed suit to evict some of its residential tenants for failure to pay rent. Three of the tenants, Ethel Javins, Rudolph Saunders, and Stanley Gross (tenants) (defendants), admitted they had not made rent payments. However, as a defense, the tenants raised First National’s numerous violations of the District of Columbia’s housing code. Those violations included inoperable toilets, peeling paint, rat infestation, and lack of heat and hot water. At trial, the court excluded evidence of the code violations and found in favor of First National. The tenants appealed. The District of Columbia Court of Appeals affirmed, ruling that First National did not have a contractual duty to maintain the tenants’ apartments in compliance with the housing regulations. The tenants appealed to the United States Court of Appeals for the District of Columbia Circuit.
Rule of Law
Issue
Holding and Reasoning (Wright, J.)
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