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HOLMES v. DISTRICT OF COLUMBIA

No. 13971.

418 A.2d 142 (1980)

Talley R. HOLMES, Jr., Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided July 25, 1980.

Attorney(s) appearing for the Case

Dennis M. Hart, Washington, D. C., with whom Kenneth Michael Robinson, Washington, D. C., was on the briefs, for appellant.

Edward E. Schwab, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., were on the brief, for appellee.

Before GALLAGHER, HARRIS and MACK, Associate Judges.

MACK, Associate Judge:

Appellant/landlord was convicted of violating those sections of the Housing Code regulating the presence of lead paint in residential rental units. District of Columbia Housing Regulations §§ 1301, 2104, and 2605.4. In his defense he asserted that in lieu of correcting the violation, he had an option to evict the tenant and remove the premises from the rental housing market.1 The trial court disagreed....

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