Edwards v. Habib (366 F.2d 628, 1965)

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). 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).

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,