Javins v. First National Realty Corporation

428 F.2d 1071 (D.C. Cir. 1970)

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Nature of the Case

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Facts

Each of the Ds involved rented an apartment in a three-building apartment complex from P. P filed an action against each D in the Landlord and Tenant Branch of the Court of General Sessions on April 8, 1966, seeking possession on the ground that Ds had defaulted in the payment of rent due for the month of April. Ds admitted that they had not paid any rent for April. Ds also alleged numerous violations of the Housing Regulations as 'an equitable defense or a claim by way of recoupment or set-off in an amount equal to the rent claim,' as provided in the rules of the Court of General Sessions. Ds offered to prove all the housing and code violations by P. The Court of General Sessions refused Ds' offer of proof and entered judgment for P. The District of Columbia Court of Appeals affirmed, rejecting the argument made by Ds that the landlord was under a contractual duty to maintain the premises in compliance with the Housing Regulations. Ds appealed.