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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In this case, as previously stated, the parties’ agreement did not preclude the tenant from filing a challenge to the legality of future rent increases. The tenant, in fact, filed a challenge with the agency shortly after the landlord moved to vacate the stay provided for in the settlement agreement based upon its claim that the tenant had failed to pay the full amount of the rent. The tenant brought to the trial court’s attention that his challenge to the increase was pending before the agency. While acknowledging that the tenant was “entitled to pursue [his] petition to challenge the rent before [the] RACD,” the trial court declined to stay the proceeding, thereby allowing the landlord to evict the tenant for failure to pay the challenged rental increase. Since the tenant had tendered all of the rent due except for the challenged increase, whether the tenant was in violation of the pay-on-time provision of the consent judgment depended upon the legality of the increase charged by the landlord. 15

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