Edwards v. Habib

Decision Date03 December 1965
Docket NumberNo. 19812.,19812.
PartiesYvonne C. EDWARDS, Petitioner, v. Nathan HABIB, Defendant and Respondent.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Brian Michael Olmstead, Washington, D. C., with whom Mr. Julian Riley Dugas, Washington, D. C., was on the pleadings, for petitioner.

Mr. Herman Miller, Washington, D. C., for respondent.

Before DANAHER, WRIGHT and McGOWAN, Circuit Judges.

ORDER

PER CURIAM.

This cause came on for hearing on petitioner's motion for stay and respondent's written objection thereto, and was argued by counsel.

It appearing on representation of counsel for petitioner that an appeal from the judgment dated November 23, 1965, in Landlord and Tenant No. 75895-65 of the District of Columbia Court of General Sessions will be filed in the District of Columbia Court of Appeals within the time provided, it is

ORDERED by the court that said judgment of the District of Columbia Court of General Sessions be, and the same is hereby, stayed pending further order of this court;

PROVIDED that the rent for the premises is paid when due, and

PROVIDED FURTHER that the acceptance of such rent payment will not constitute a waiver of any of the respondent's rights with respect to the eviction notice.

J. SKELLY WRIGHT, Circuit Judge, concurs for reasons hereinafter stated.

DANAHER, Circuit Judge, dissents for reasons hereinafter stated.

J. SKELLY WRIGHT, Circuit Judge (concurring):

Petitioner is the defendant in an eviction action brought by her landlord in the District of Columbia Court of General Sessions. She alleged and sought to prove before that court that she was being evicted solely because she had given information to the District of Columbia authorities concerning violations of statutes and regulations governing the sanitary conditions on the premises. On a preliminary motion before that court, Judge Greene found that "it does appear from that testimony that the defendant has proved prima facie that the notice to quit was issued and possession is being sought in this Court solely because of her complaint to the District housing authorities. The testimony shows that defendant informed these authorities of violations of the housing statutes and regulations with respect to the premises; that the District of Columbia has inspected the premises; that as a result of the inspections certain violations of the law were discovered; and that plaintiff has been given time within which to correct the violations or face prosecution."

When the case came on for trial before a jury and another judge, that judge refused to permit the tenant's defense to go to the jury and directed a verdict for the landlord. He thereupon issued the eviction order which is the subject of the stay proceedings before this court. The landlord's position here, which the General Sessions Court recognized in granting judgment, is that his eviction suit is for non-payment of the rent, and that proof of any intention to evict for other reasons is irrelevant.

It is not seriously questioned that every citizen has the right, if not the duty, of informing his government of a violation of the law, and that a court of equity, on a proper showing, may enjoin any interference with that right. Compare United States v. Beaty, 6 Cir., 288 F.2d 653 (1961).1 Indeed, an interference with such a right may be punishable under the criminal statutes of the United States. In re Quarles and Butler, 158 U.S. 532, 15 S.Ct. 959, 39 L.Ed. 1080 (1895).2

Petitioner in these proceedings sought neither an injunction against nor a criminal prosecution of her landlord. She merely asserted the right in the court below to show that her landlord's purpose in evicting her was, not nonpayment of the rent, but to punish her for advising the proper District of Columbia authorities concerning sanitary conditions on the premises which were in violation of the law. As Judge Greene's excellent opinion makes clear,3 if this defense can be proved, then a court may not participate with the landlord in the implementation of his illegal purpose. The trial court here should not have denied petitioner the opportunity to make her defense. Moreover it appears, to me at least, that the petitioner has made a strong showing that she is likely to prevail on the merits of her appeal.

As to the other requirements for a stay outlined in Virginia Petroleum Job. Ass'n v. Federal Power Com'n, 104 U.S.App. D.C. 106, 110, 259 F.2d 921, 925 (1958), petitioner has complied with her burden there as well. Certainly being evicted into the street is irreparable damage. Respondent suggests that petitioner can raise the money for a supersedeas from charitable institutions. I think petitioner need not be relegated to charitable institutions as long as a court sits to enforce her rights. Moreover, the issuance of the stay will not substantially harm the respondent since the condition of the stay is the prompt payment of rent. As to where the public interest lies, I suggest that the public interest lies in keeping this family housed, at least until the courts can determine petitioner's rights.

DANAHER, Circuit Judge (dissenting).

This appellant entered into a monthly tenancy agreement with the landlord, the appellee, as of March 24, 1965 and paid one month's rent in advance. The agreement provided that failure to pay the rental in advance would constitute a default, that the agreement was to operate as a notice to quit and that the statutory 30 days' notice to quit was expressly waived. Repeatedly over the following months the appellant-tenant became in default. As of October 11, 1965, neither the appellant nor her counsel appeared in the Landlord-Tenant Branch of the District of Columbia Court of General Sessions, and a default was entered. A motion to reopen was granted, and in due course a 2-day trial was had. A directed verdict was entered in favor of the landlord. This court now without requiring a supersedeas bond would stay execution of the judgment. I believe its order is erroneous.

Without having noted an appeal to the District of Columbia Court of Appeals, the appellant there had sought a stay which was denied. The appellant had asserted her right to retain possession of the premises against the owner because of her alleged entitlement to damages "by way of setoff." Such damages in the Landlord-Tenant Branch were asserted to have been caused by negligent condition of the premises, damages caused by trespass and unlawful entry, damages based on assault, slander and invasion of privacy. She argued here that she had a constitutional right to complain to the authorities that the premises were untenantable, and that the judge at trial had erroneously excluded her proffer of evidence that the landlord had sought her eviction in order to punish her for making complaint about the condition of the premises. Questioned from the bench, her counsel was bound to concede that the landlord may seek eviction of a tenant in default without offering reasons for seeking restitution of his own property. It would seem that the landlord, too, has constitutional rights for the Fifth Amendment provides that he shall not be deprived of his property without due process of law.

I suggest that the trial judge ruled correctly and in accordance with applicable law.

"With respect to the exclusion of testimony as to the reasons for the seeking of possession by plaintiff, such evidence was obviously inadmissible. Under D.C.Code 1940, § 45 — 910, whenever a lease for any definite term shall expire and the tenant shall fail or refuse to surrender possession of the leased premises, the landlord may sue to recover possession of the premises. The landlord in such circumstances is not required to give reasons for thus seeking possession." Fowel v. Continental Life Ins. Co., 55 A.2d 205, 207 (D.C.Mun.App.1947).1

Coincidentally with proceedings in the Landlord-Tenant Branch yet another development must be noticed....

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11 cases
  • Williams v. Allen, 29894.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 18 Marzo 1971
    ...§§ 241, 242, however. "Interference with the right to inform the government would justify equitable relief, Edwards v. Habib, D. C.A., 1965, 125 U.S.App.D.C. 49, 366 F.2d 628, 629, Edwards v. Habib, D. C.A., 1968, 130 U.S.App.D.C. 126, 397 F.2d 687 (dictum); might provide a cause of action ......
  • Brown v. Artery Organization, Inc., Civ. A. No. 86-3285.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 24 Febrero 1987
    ...constitutes irreparable injury. Johnson v. United States Department of Agriculture, 734 F.2d 774, 789 (11th Cir.1984); Edwards v. Habib, 366 F.2d 628 (D.C.Cir.1965). Indeed, plaintiffs allege that, if they are evicted, they will not be able to relocate in Alexandria due to the city's high r......
  • Hardy v. Ross (In re Hardy), Civil Action Nos. 16-1968 (EGS)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 29 Diciembre 2016
    ...the burden of persuasion"). While being evicted from a home might amount to irreparable injury, see Edwards v. Habib , 366 F.2d 628, 630 (D.C. Cir. 1965) (Skelly Wright, J., concurring) ("Certainly being evicted into the street is irreparable damage."), Ms. Hardy has not explained how turno......
  • Cole v. Lynn
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 7 Febrero 1975
    ...that tenants be kept in place until there has been a full and proper determination of their rights. Edwards v. Habib, 125 U.S.App.D.C. 49, 366 F.2d 628, 630 (1965) (Wright, J., concurring). A preliminary injunction is required to prevent irreparable injury to the tenants and to restore the ......
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