Edwards v. Habib
Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968)[1], was a case decided by the D.C. Circuit that includes the first recognition of retaliatory eviction as a defense to eviction in landlord-tenant law.
| Edwards v. Habib | |
|---|---|
 | |
| Court | United States Court of Appeals for the District of Columbia Circuit |
| Full case name | Yvonne C. Edwards v. Nathan Habib |
| Argued | January 22, 1968 |
| Decided | May 17, 1968 |
| Citation(s) | 397 F.2d 687 |
| Case history | |
| Subsequent action(s) | Petition for rehearing en banc denied, July 11, 1968 |
| Court membership | |
| Judge(s) sitting | John A. Danaher, James Skelly Wright, Carl E. McGowan |
| Case opinions | |
| Majority | Wright, joined by McGowan (Part III only) |
| Concurrence | McGowan |
| Dissent | Danaher |
Factual background
Plaintiff Edwards rented property from defendant Habib on a month-to-month basis. Habib failed to address sanitary code violations brought up by Edwards, so Edwards reported Habib to the Department of Licenses and the Inspection Department. An inspection revealed 40 sanitary code violations, and Habib was ordered to rectify the violations. After the inspection, Habib obtained a default judgment against Edwards in a statutory eviction action.
Holding
The court held that a tenant cannot be evicted for reporting sanitary code violations, and this became known as the defense of retaliatory eviction.[2]
References
- Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968).
- Casner, A.J. et al. Cases and Text on Property, Fifth Edition. Apsen Publishers, New York, NY: 2004. P. 150
External links
- Text of Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968) is available from: CourtListener Justia OpenJurist Google Scholar