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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (533)

Full Text

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[56] By applying federal fair housing law to require a reasonable accommodation if requested prior to eviction, we in no way modify local law that enables the landlord to sue for possession upon expiration of the notice to cure or quit. The right to sue remains in effect, suspended on this occasion by the preemptive requirements of federal law. That said, it is important not to overlook the fact that the tenant did not request a reasonable accommodation until after the landlord had filed suit, based on the tenant's failure to cure or quit. Absent such a request, the trial court correctly ruled that the landlord had not discriminated against the tenant simply "by serving the notice to quit or by filing the lawsuit." The discrimination occurred, therefore — if at all — only because of the landlord's failure to grant a reasonable accommodation, after one had been requested, during the period after the landlord had filed suit but before the court had issued an order to enforce a forfeiture.