Brown v. Southall Realty

1968

Court: DC Circuit Court

Facts: Housing code violations; Mrs. Brown witholds rent, on the theory that the lease contract was illegal. Landlord knew of the code violations (some of which were severe), and did not abate them.

Posture: Appeal from trial court judgment, but it's not obvious what that judgment was.

Issue: Should we uphold the lease?

Holding: No.

Rule: If we uphold the lease, we gut § 2304, which provides for safe clean housing.

Reasoning: There's a law saying that housing has to meet certain standing. Landlord entered a lease knowing that the housing did not. The contract was therefore illegal. Illegal contracts will not be enforced to the benefit of the wrongdoer.

Dicta: