Citation. 428 F.2d 1071 (D.C. 1970)
Statement of the Case. Appellee, large real estate company First National Realty Corporation (FNRC) (landlord), brought an action for possession against the Appellants, Javins, Saunders, and Gross (tenants) for rent for the month of April. The tenants defended that withholding of rent was due to 1500 Housing Code violations. Lower court ruled in favor of the FNRC. Furthermore, the court of appeals confirmed the ruling of the lower court. The tenants appeal again claiming that they can provide valid proof of violations.
Procedure. The appellants presented proof of 1500 Housing Regulations violations but was rendered not valid by the lower court. The tenants appealed this ruling, however, the court of appeals confirmed the decision.…show more content… Tenants signed a lease trustfully signed a lease expecting that the landlord will keep their apartment throughout the term of the lease in the same condition as they were at the time of the signing. Without regard to the implied obligation under the Housing Regulations (which were known to the appellee), the landlord did not uphold to the standards of habitable living conditions in the rented apartments. Therefore, the tenants withheld April’s rent to make up for the damages of the properties they rented that were equal to one month’s rent. The total number of the violations that they discovered is 1500. The Appellee claimed possession of the unpaid rent on the basis of breach of contract. The tenants attempted to defend themselves through showing the evidence of the landlord’s violations. However, the tenants were denied twice by the lower court and by the court of appeals,
