JAVINS v. FIRST NATIONAL REALTY CORPORATION

Nos. 22405, 22406, 22409.

428 F.2d 1071 (1970)

Ethel JAVINS, Appellant, v. FIRST NATIONAL REALTY CORPORATION, Appellee. Rudolph SAUNDERS, Appellant, v. FIRST NATIONAL REALTY CORPORATION, Appellee. Stanley GROSS, Appellant, v. FIRST NATIONAL REALTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1970.


Attorney(s) appearing for the Case

Mr. Edmund E. Fleming, Boston, Mass., for appellants.

Mr. Herman Miller, Washington, D. C., for appellee.

Mrs. Caryl S. Terry, Washington, D. C., filed a brief on behalf of Washington Planning and Housing Association as amicus curiae urging reversal.

Mrs. Margaret F. Ewing, Mrs. Florence Wagman Roisman and Mrs. Patricia M. Wald, Washington, D. C., filed a brief on behalf of Neighborhood Legal Services Program as amicus curiae urging reversal.

Messrs. Myron Moskovitz and Peter Honigsberg filed a brief on behalf of National Housing Law Project as amicus curiae urging reversal.

Before WRIGHT, McGOWAN and ROBB, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

These cases present the question whether housing code1 violations which arise during the term of a lease have any effect upon the tenant's obligation to pay rent. The Landlord and Tenant Branch of the District of Columbia Court of General Sessions ruled proof of such violations inadmissible when proffered as a defense to an eviction action for nonpayment of rent. The District of Columbia Court of Appeals...

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