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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It would be unfair to say that the majority has ignored this subject altogether. The court's lengthy opinion contains almost three lines about it on page 3. Not content with that, the majority twice refers to Ms. Douglas' unit as a "filthy apartment," and there may even be one or two other oblique references. Obviously, though, the majority does not regard the trashing and fouling of the premises or the severe and protracted violation of the Housing Regulations as having much bearing on the proper analysis of this case. In particular, the court apparently thinks it unnecessary even to mention the possibility that conditions of this level of severity, and of such extended duration, just might require immediate attention, and that the need for prompt amelioration should be a significant part of the court's calculus in determining whether the "accommodation" proposed by counsel on behalf of the absent tenant was "reasonable." My view, on the other hand, is that where a tenant has created conditions as extreme as those in and around Ms. Douglas' unit, and where these conditions have continued unabated throughout her tenancy (and after the APS representative began to visit her) to the detriment of the health and safety of Ms. Douglas' neighbors, this reality is central to the determination whether there is any appreciable prospect that a proposed accommodation is adequate or will work.

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