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United States Court of Appeals for the District of Columbia Circuit - 428 F.2d 1071
Tags: Property, Landlord, Tenant, Warranty of Habitability
tl;dr:
If a landlord does not comply with the obligation of habitability, the tenant is entitled to withold rent payments.Video Summary
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The District of Columbia Court of Appeals has reversed a lower court ruling that housing code violations cannot be used as a defense to an eviction action for nonpayment of rent. The court stated that a warranty of habitability is implied by law into leases of urban dwelling units covered by Housing Regulations for the District of Columbia. Recent court decisions have held landlords to an implied warranty of habitability, and liability for improper construction of residential real estate may extend to parties other than the immediate seller. The old no-repair rule must be abandoned in favor of this warranty, as it cannot coexist with modern housing codes. The common law must recognize the landlord's obligation to maintain habitable premises, as the old rule is no longer justified and conflicts with consumer protection principles.
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