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HINES v. JOHN B. SHARKEY CO.

No. 81-1056.

449 A.2d 1092 (1982)

Mark HINES, Appellant, v. JOHN B. SHARKEY CO., Appellee.

District of Columbia Court of Appeals.

Decided August 26, 1982.

Attorney(s) appearing for the Case

William I. Martin, Washington, D. C., for appellant. Ronald F. Mitchell, Washington, D. C., filed the briefs for appellant.

Stephen O. Hessler, Washington, D. C., for appellee.

Before KELLY, FERREN and PRYOR, Associate Judges.

FERREN, Associate Judge:

This case presents one question: whether under Super. Ct. L & T R. 5(b) a tenant-defendant in a landlord's action for possession may counterclaim for a rent abatement — based on housing code violations—not only for the period for which the landlord claims nonpayment of rent, but also for a prior period of the tenancy. The trial court concluded that the tenant's counterclaim must be limited to the period for which the landlord...

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