Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)

Citation: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Parent Document: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Jurisdiction: DC (municipal)
Effective Date: 2006-02-02
Original Source: https://www.courtlistener.com/opinion/2167433/akassy-v-william-penn-apartment... ↗

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We find no error arising out of the trial court’s interpretation of the agreement nor any showing of a mistake of fact or unilateral modification. However, we hold that where, as here, the determination of whether a tenant has breached a consent agreement, thereby entitling the landlord to evict him, rests solely upon the legality of a rental increase which the tenant has challenged before the agency having primary jurisdiction over that issue, the trial court must stay the proceeding under the principles enunciated in Drayton v. Poretsky Mgmt. Inc.,

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