Lee v. District of Columbia Board of Appeals & Review

I respectfully dissent, for I cannot agree that petitioners fail to satisfy the requirements for standing in this court.

In concluding that petitioners have not established an injury in fact sufficient to give them standing, my colleagues ignore the harm the Board’s decision has done to petitioners’ interest in occupying habitable housing. The Housing Regulations of the District of Columbia, 5G DCRR §§ 2401, 2405, require the owner of residential premises to provide and maintain plumbing facilities and utilities. The District is to enforce these regulations, with a view to protecting the…