Skip to main content
INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (93)

Full Text

784 chars
Court emphasized, housing providers under the federal program have discretion whether or not to pursue eviction for criminal activity, courts must review any such exercise of that discretion for an abuse — that is, for whether it was arbitrary and capricious. In this case, it is asserted, seeking to evict Ms. Scarborough and her children for a first-time possessory offense when she had no prior knowledge of the shotgun’s presence and subsequently barred the wrongdoer from the premises was an abuse of the Landlord’s federally-regulated authority. We reject the premise of this argument— that even when criminal activity has been found to provide a sufficient basis for eviction, a court may nonetheless review the landlord’s exercise of discretion to seek lease termination. *259