Holmes v. District of Columbia

MACK, Associate Judge:

Appellant/landlord was convicted of violating those sections of the Housing Code regulating the presence of lead paint in residential rental units. District of Columbia Housing Regulations §§ 1301, 2104, and 2605.4. In his defense he asserted that in lieu of correcting the violation, he had an option to evict the tenant and remove the premises from the rental housing market. 1 The trial court disagreed. On appeal he argues: 1) that the 1973 amendments to the Housing Code did not eliminate a then-existing option to vacate nonconforming property as a form of abatement of…