Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)

Citation: Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Parent Document: Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Jurisdiction: DC (municipal)
Effective Date: 2006-01-12
Original Source: https://www.courtlistener.com/opinion/1494029/scarborough-v-winn-residential-llp/ ↗

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The argument has considerable force. Although the grounds for eviction here were not an armed assault but possession of a loaded shotgun (though one that had been used to kill someone the day before), it would be little comfort to fellow residents that a tenant who has endangered their safety by permitting criminal activity on the premises promises to refrain from doing so again. And, as a textual matter, it seems implausible that the D.C. Council meant for either discrete (i.e., completed) or continuing criminal activity to be “correct[ible]” upon such assurances before eviction may be sought. Section 42-3505.01(b), in the Landlord’s view, is most naturally read to apply to traditional lease violations of the nuisance variety (such as Judge Boasberg illustrated) that can be abated or “cured” but that do not rise to the seriousness of criminal activity threatening the safety of other tenants. Other Superior Court judges have read the statute the same way. 3

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