Tenant's Answer and Affirmative Defenses to Complaint for Possession (L&T Branch) — District of Columbia

TENANT'S ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT FOR POSSESSION — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Responses to Numbered Allegations
4. Affirmative Defenses
5. Counterclaims (If Asserted)
6. Setoff and Recoupment
7. Demand for Jury Trial
8. Request for ERAP / Right to Counsel Stay
9. Prayer for Relief
10. Verification
11. Signature Block
12. Certificate of Service
13. Tenant Practice Notes and Resource List
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — LANDLORD AND TENANT BRANCH

Case Number: [________________________________]

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL

2. PRELIMINARY STATEMENT

Defendant [TENANT NAME] ("Tenant"), pro se [or by undersigned counsel], submits this Answer and Affirmative Defenses to Plaintiff's Complaint for Possession of Real Estate. Tenant denies that Plaintiff is entitled to possession of the Premises and asserts the affirmative defenses, counterclaims, and demands for relief set forth below.

3. RESPONSES TO NUMBERED ALLEGATIONS

The Tenant responds to each numbered paragraph of the Complaint as follows. Any allegation not expressly admitted is denied.

3.1. Paragraph 1 (Parties): ☐ Admitted ☐ Denied ☐ Lack knowledge sufficient to admit or deny.

3.2. Paragraph 2 (Description of Premises): ☐ Admitted ☐ Denied. [Add explanation if needed.]

3.3. Paragraph 3 (Tenancy): ☐ Admitted ☐ Denied. [Add explanation: e.g., the lease cited is not the operative lease; the Tenant is on a month-to-month tenancy, etc.]

3.4. Paragraph 4 (Rent Stabilization Status): ☐ Admitted ☐ Denied. [Tenant believes the unit IS rent-stabilized despite Plaintiff's exemption claim, etc.]

3.5. Paragraph 5 (Statutory Ground): ☐ Admitted ☐ Denied. The Tenant denies that the Plaintiff has properly invoked any of the enumerated grounds under D.C. Code § 42-3505.01.

3.6. Paragraph 6 (Pre-Suit Notice): ☐ Admitted ☐ Denied. The Tenant disputes that proper notice was served and/or that the required notice period elapsed before filing.

3.7. Paragraph 7 (Itemized Rent Statement, if nonpayment): ☐ Admitted ☐ Denied. [Tenant disputes the amounts listed, asserts payments not credited, and asserts that any rent demanded above the lawfully registered rent ceiling is unrecoverable.]

3.8. Paragraph 8 (Compliance with Licensing): ☐ Admitted ☐ Denied. [Tenant has investigated the licensing status and disputes that Plaintiff holds a current BBL with Housing — Rental Endorsement and/or a valid RAD registration as required by D.C. Code § 16-1501(c).]

3.9. Paragraph 9 (Non-Retaliation / Anti-Discrimination): Denied. [See Affirmative Defenses below.]

3.10. All remaining allegations are denied to the extent not expressly admitted herein.

4. AFFIRMATIVE DEFENSES

The Tenant asserts the following affirmative defenses (assert all that apply; insert facts in support of each):

4.1. Failure to State a Claim

The Complaint fails to state a claim upon which relief may be granted. Tenant moves to dismiss under L&T Rule 12 for failure to plead the substantive elements of any enumerated ground under D.C. Code § 42-3505.01.

4.2. Lack of Rental Housing Business License

Plaintiff lacks a current Basic Business License with the Housing — Rental Endorsement, in violation of D.C. Code § 16-1501(c) and § 42-3502.13. [State investigation: e.g., "DLCP records reflect Plaintiff's BBL expired on [date] and has not been renewed."] Dismissal is required.

4.3. Lack of RAD Registration / Invalid Exemption

Plaintiff has failed to register the Premises with the Rental Accommodations Division or holds an invalid claim of exemption, in violation of D.C. Code §§ 16-1501(c) and 42-3502.05.

4.4. Defective Notice

The Notice on which Plaintiff relies fails to comply with D.C. Code § 42-3505.01 because: ☐ It is for less than the required statutory period; ☐ It demands rent in excess of the lawful rent ceiling; ☐ It includes unauthorized non-rent charges in the cure amount; ☐ It fails to identify the specific lease provision allegedly violated; ☐ It fails to provide statutorily required disclosures; ☐ Other: [________].

4.5. Insufficient Service of Notice

The pre-suit notice was not properly served on the Tenant under D.C. Code § 42-3505.01 because [describe defect: e.g., notice was posted only without mailing; notice was not delivered to the correct address; etc.].

4.6. Below-$600 Threshold (Nonpayment Cases)

Plaintiff's claim seeks restitution of possession for unpaid rent of less than $600, in violation of D.C. Code § 16-1501(b). Dismissal is required.

4.7. Right to Redeem (Nonpayment Cases) — D.C. Code § 42-3505.01(a-1)

The Tenant has the absolute statutory right to redeem the tenancy by paying the full balance of unpaid rent and reasonable late fees authorized by the lease, plus court costs, at any time before judgment. The Tenant tenders payment, or seeks leave to tender payment, in this proceeding.

4.8. Breach of the Implied Warranty of Habitability — Javins Defense

Pursuant to Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), a warranty of habitability is implied by operation of law into every residential lease in the District of Columbia, measured by the standards in the D.C. Housing Regulations (14 DCMR). Plaintiff has materially breached the warranty by failing to abate the following code violations during the period for which rent is sought:

The Tenant requests a rent abatement equal to the reduction in fair rental value caused by the violations and credit for any sums actually paid during the period of breach.

4.9. Retaliation — D.C. Code § 42-3505.02

This action is retaliatory. Within the six (6) months immediately preceding Plaintiff's action, the Tenant engaged in protected activity, including: ☐ requesting repairs in writing or orally with witness on [__/__/____]; ☐ contacting the Department of Buildings / DCRA / 311 on [__/__/____]; ☐ organizing or joining a tenant association under § 42-3505.06; ☐ filing or testifying in an administrative or judicial proceeding; ☐ exercising any right under the Rental Housing Act, the lease, or other law. A presumption of retaliation arises that Plaintiff can rebut only by clear and convincing evidence.

4.10. Discrimination — D.C. Code § 2-1402.21 (DCHRA)

Plaintiff's action is motivated, in whole or in part, by Tenant's protected status under the D.C. Human Rights Act, including (check applicable): ☐ race; ☐ color; ☐ religion; ☐ national origin; ☐ sex; ☐ age; ☐ marital status; ☐ personal appearance; ☐ sexual orientation; ☐ gender identity or expression; ☐ familial status; ☐ family responsibilities; ☐ disability (failure to grant a reasonable accommodation); ☐ matriculation; ☐ political affiliation; ☐ source of income (e.g., refusal to accept Section 8 / HCV vouchers); ☐ sealed eviction record; ☐ status as a victim of an intrafamily offense; ☐ place of residence or business; ☐ homeless status.

4.11. Failure to Mitigate / Failure to Accept Tender

Plaintiff has failed to mitigate damages or has refused tender of rent or cure that would have rendered this action unnecessary. Where applicable: D.C. Code § 42-3505.52 (mitigation duty after breach by tenant).

4.12. ERAP Application Pending

The Tenant has applied for emergency rental assistance through the District's Emergency Rental Assistance Program (ERAP), D.C. Code § 4-753.08. Application No.: [___________]. The Tenant requests a stay of these proceedings pending the ERAP determination as authorized by D.C. Code § 42-3505.01.

4.13. Statute of Limitations / Laches

Plaintiff's claims are barred in whole or in part by the applicable statute of limitations or by laches.

4.14. Waiver and Estoppel

Plaintiff has waived the alleged breach by accepting rent with knowledge of the alleged violation, by failing to enforce the lease term consistently, or by other conduct giving rise to estoppel.

4.15. Improper Termination Ground

Plaintiff seeks recovery of possession on a "no-cause" basis, which is not permitted under the Rental Housing Act. The District does not authorize "no-cause" termination of a residential tenancy. D.C. Code § 42-3505.01.

4.16. Failure to Comply with TOPA

If the action is based on sale (ground (e)), Plaintiff has failed to fully comply with the Tenant Opportunity to Purchase Act, D.C. Code § 42-3404.02 et seq., including failing to provide a valid Offer of Sale and failing to honor the Tenant's statutory rights of first refusal and right to negotiate.

4.17. Failure to Pay or Offer Relocation Assistance

If the action is based on substantial rehabilitation, demolition, or housing discontinuance (grounds (f), (g), (h), (i)), Plaintiff has failed to provide notice of the right to relocation assistance under D.C. Code § 42-3507.01 and/or to make payment as required by § 42-3507.03.

4.18. Self-Help Eviction / Unlawful Action

To the extent Plaintiff has resorted to self-help eviction (lockout, removal of property, utility shutoff, harassment, or other conduct designed to dispossess the Tenant without judicial process), such conduct is unlawful and gives rise to damages and equitable relief.

4.19. Lack of Standing

Plaintiff is not the owner or authorized agent of the owner of the Premises and lacks standing to seek possession.

4.20. Reservation of Defenses

The Tenant reserves the right to assert additional defenses as discovery proceeds.

5. COUNTERCLAIMS (IF ASSERTED)

The Tenant asserts the following counterclaims (any sum recovered may be applied as setoff against any rent finally determined to be owing):

5.1. Breach of the Implied Warranty of Habitability

Plaintiff has breached the implied warranty of habitability under Javins by failing to abate housing-code violations. Tenant seeks: (a) rent abatement; (b) actual damages; (c) order of specific performance compelling repair; and (d) such other relief as is just.

5.2. Violation of Housing Regulations (14 DCMR)

Plaintiff has violated the D.C. Housing Regulations, including but not limited to [cite specific 14 DCMR sections]. Tenant seeks damages and injunctive relief.

5.3. Retaliation — D.C. Code § 42-3505.02

Tenant seeks damages and injunctive relief for Plaintiff's retaliatory conduct.

5.4. Violation of D.C. Human Rights Act — D.C. Code § 2-1402.21

Tenant seeks compensatory damages, punitive damages where authorized, and injunctive relief for housing discrimination.

5.5. Violation of D.C. Consumer Protection Procedures Act (CPPA) — D.C. Code § 28-3904

Where the Plaintiff's conduct involves unfair or deceptive trade practices in the rental of consumer housing, Tenant seeks treble damages, attorney fees, and injunctive relief under the CPPA.

5.6. Wrongful Withholding of Security Deposit — D.C. Code § 42-3502.17

Where Plaintiff has wrongfully withheld a prior security deposit (or interest thereon), Tenant seeks return of the deposit, statutory interest at the rate prescribed by 14 DCMR Chapter 3, and double damages where authorized.

5.7. Self-Help Eviction / Wrongful Lockout

Where Plaintiff has engaged in self-help eviction, Tenant seeks compensatory damages, punitive damages where authorized, and injunctive relief.

5.8. Refusal to Accept Section 8 / HCV Voucher

Where Plaintiff has refused to accept a tenant-based housing voucher in violation of the source-of-income provision of the DCHRA, Tenant seeks damages and injunctive relief.

6. SETOFF AND RECOUPMENT

Tenant asserts the right of setoff and recoupment against any rent or other amount the Court may find to be owing. Setoff may include: (a) habitability abatement; (b) self-help damages; (c) wrongfully withheld security deposit and interest; (d) actual damages from violation of the DCHRA, RHA, or CPPA; (e) any uncredited payments.

7. DEMAND FOR JURY TRIAL

Pursuant to D.C. Code § 16-1503 and L&T Rule 6, the Tenant hereby demands a trial by jury on all issues so triable. This jury demand is filed in writing prior to (or at) the initial hearing as required.

8. REQUEST FOR ERAP / RIGHT TO COUNSEL STAY

8.1. ☐ The Tenant has applied for emergency rental assistance through ERAP. The Tenant respectfully requests that the Court stay these proceedings pending a determination on the ERAP application as authorized by D.C. Code § 42-3505.01.

8.2. ☐ The Tenant requests that the Court continue the initial hearing for a reasonable period to permit the Tenant to consult with free counsel through the District's Civil Right to Counsel Initiative, the Office of the Tenant Advocate, the Legal Aid Society of the District of Columbia, Bread for the City, or Legal Counsel for the Elderly.

9. PRAYER FOR RELIEF

WHEREFORE, the Tenant respectfully requests that this Court:

A. Dismiss the Complaint with prejudice;

B. Enter judgment for the Tenant on all counts;

C. Award Tenant damages, abatement, setoff, and other relief as set forth in the Counterclaims;

D. Award Tenant statutory damages, treble damages, and attorney fees where authorized by the DCHRA, CPPA, RHA, or other law;

E. Issue an order sealing the eviction record under D.C. Code § 42-3505.09, including early sealing under § 42-3505.09(b)(2)(B) where applicable;

F. Award costs of suit; and

G. Grant such other and further relief as is just and equitable.

10. VERIFICATION

I, [TENANT NAME], declare under penalty of perjury under the laws of the District of Columbia that I have read the foregoing Answer, Affirmative Defenses, Counterclaims, and Jury Demand, and that the factual statements herein are true and correct to the best of my personal knowledge, except as to those matters stated upon information and belief, which I believe to be true.

Date: [__/__/____]

Signature: ______________________________________________

Printed Name: [________________________________]

11. SIGNATURE BLOCK

[TENANT NAME or ATTORNEY NAME]

(if counsel) D.C. Bar No.: [___________] | Firm: [________________]

Address: [________________________________], Washington, DC [ZIP]

Telephone: [___-___-____] | Email: [________________________________]

[Pro se / Counsel for Defendant Tenant]

Signature: ______________________________________________

Date: [__/__/____]

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a true and correct copy of this Answer, Affirmative Defenses, Counterclaims, and Jury Demand on counsel for Plaintiff (or on Plaintiff if pro se) by:

☐ First-class U.S. mail, postage prepaid;

☐ Hand delivery;

☐ Email (where parties have stipulated to electronic service);

☐ eFileDC service.

at the following address: [________________________________].

Signature of Server: ______________________________________________

Printed Name: [________________________________]

13. TENANT PRACTICE NOTES AND RESOURCE LIST

• You are not required to file a written Answer, but doing so preserves your defenses, particularly affirmative defenses and counterclaims that may not be raised on the record without preparation.
• Get a free lawyer. D.C. has a Civil Right to Counsel Initiative for tenants in eviction cases. Call the Landlord Tenant Legal Assistance Network (LTLAN), the Office of the Tenant Advocate (202-719-6560), Legal Aid (202-628-1161), Bread for the City (202-386-7610), or Legal Counsel for the Elderly (202-234-0970).
• Document everything. Photograph conditions, keep copies of all repair requests, save all receipts and rent payment records, save copies of any 311 / DCRA complaints, and bring to court.
• Initial hearing is not your trial. The Initial Hearing is for scheduling, mediation referrals, jury demand, and consideration of dismissal motions. Ask the court to continue the case if you need time to obtain counsel, prepare a jury demand, or pursue ERAP.
• ERAP can save your home. Apply at dhs.dc.gov; bring proof of application to court.
• Mediation. D.C.'s Multi-Door Dispute Resolution Division offers free mediation; consider whether to pursue a payment plan, settlement, or move-out agreement.
• Eviction-Free Winter / Weather Restrictions. Even after judgment, no eviction may occur when temperatures are below 32°F or above 95°F or when precipitation is falling. D.C. Code § 42-3505.01(k).
• Eviction Record Sealing. Records of cases that resolve in the Tenant's favor are sealed automatically 30 days after final resolution; cases with judgments are sealed after 3 years; many cases qualify for early sealing on Tenant motion. D.C. Code § 42-3505.09.
• Beware of self-help eviction. Lockouts, utility shutoffs, removal of personal property, and similar conduct without a court order and U.S. Marshals' eviction are illegal.

Tenant Resource Directory:

• Office of the Tenant Advocate: (202) 719-6560 — ota.dc.gov
• Legal Aid Society of the District of Columbia: (202) 628-1161 — legalaiddc.org
• Bread for the City: (202) 386-7610 — breadforthecity.org
• Legal Counsel for the Elderly: (202) 234-0970
• DC Bar Pro Bono Center: (202) 780-2575 — dcbar.org/probono
• LawHelp.org/DC: lawhelp.org/dc
• D.C. Tenants' Rights Center: dctenants.com
• D.C. Department of Human Services (ERAP): dhs.dc.gov
• D.C. Department of Buildings — Housing Code Complaints: 311 or dob.dc.gov
• D.C. Office of Human Rights (DCHRA discrimination): ohr.dc.gov
• DC Superior Court Self-Help Center (L&T Resource Center): dccourts.gov

14. SOURCES AND REFERENCES

• D.C. Code § 16-1501 (Forcible entry and detainer): https://code.dccouncil.gov/us/dc/council/code/sections/16-1501
• D.C. Code Title 16, Chapter 15: https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/15
• D.C. Code § 42-3505.01 (Evictions): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01
• D.C. Code § 42-3505.02 (Retaliatory action): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02.html
• D.C. Code § 42-3505.06 (Right of tenants to organize): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.06.html
• D.C. Code § 42-3505.09 (Eviction record sealing): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.09.html
• D.C. Code § 42-3505.52 (Mitigation duty after breach by tenant): https://preview.code.dccouncil.gov/us/dc/council/code/sections/42-3505.52
• D.C. Code § 42-3502.05 (Rent stabilization registration & coverage): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.05
• D.C. Code § 42-3502.17 (Security deposit): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.17
• D.C. Code § 42-3502.22 (Tenant disclosures): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.22
• D.C. Code § 42-3404.02 (TOPA): https://code.dccouncil.gov/us/dc/council/code/sections/42-3404.02
• D.C. Code § 4-753.08 (ERAP): https://code.dccouncil.gov/us/dc/council/code/sections/4-753.08
• D.C. Code § 2-1402.21 (DCHRA): https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21
• D.C. Code § 28-3904 (CPPA): https://code.dccouncil.gov/us/dc/council/code/sections/28-3904
• D.C. Law 24-115 (Eviction Record Sealing & Fairness in Renting Act of 2022): https://code.dccouncil.gov/us/dc/council/laws/24-115
• DCSC Landlord and Tenant Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/civil-division/landlord-and-tenant
• DCSC L&T Branch Rules of Procedure: https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Procedure%20for%20the%20Landlord%20and%20Tenant%20Branch.pdf
• DCSC L&T Case Management Plan: https://www.dccourts.gov/sites/default/files/matters-docs/Case-Management-Plan-Landlord-and-Tenant-Branch.pdf
• Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970): https://law.justia.com/cases/federal/appellate-courts/F2/428/1071/172969/
• Office of the Tenant Advocate: https://ota.dc.gov/
• Tenant Bill of Rights: https://ota.dc.gov/publication/tenant-bill-rights
• Legal Aid Society of D.C.: https://www.legalaiddc.org/
• D.C. Tenants' Rights Center: https://dctenants.com/
• D.C. Office of Human Rights (DCHRA enforcement): https://ohr.dc.gov/
• LawHelp.org/DC: https://www.lawhelp.org/dc

END OF ANSWER