Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction: DC (municipal)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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Yet it was Ms. Douglas who caused the unsanitary conditions and the sickening smell on the landlord’s property, not vice versa, and her unfortunate alcohol addiction and mood disorder did not lessen the threat to health and safety. Assuming, as I do for purposes of this opinion, that Ms. Douglas was suffering from a handicap within the meaning of the Fair Housing Act, the law surely has not reached the point where alcoholics and people suffering from mood disorders or other comparable afflictions are not only protected by the Act, but also relieved of any responsibility whatever for their actions. If perverse incentives are to be avoided, there must be some limit to the “lenient treatment [that may be] secured for [Ms. Douglas] by her own insobriety.” In re Soininen, 853 A.2d 712, 729 (D.C.2004). Ms. Douglas, whose problems could well lead to homelessness, is certainly a person deserving our sympathy, but if she was a victim here at all— and this is a big “if’ — she was not only a victim, nor was she the only victim; Kri-egsfeld and Ms. Douglas’ fellow-tenants were victims too. In failing to recognize that this is so, the majority paints a picture that, from my perspective, is disconcertingly askew. IY. HEALTH AND SAFETY

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