Attorney General Schwalb Wins Appeals in Two Significant Housing Cases in Wards 4 & 8

Decisions Uphold the Department of Buildings’ Authority to Order a Developer to Fix Faulty Construction and Hold Landlord Accountable for Violating Housing Code and Defying Court Orders


Attorney General Brian L. Schwalb today announced successful outcomes in two separate appellate cases in which the District sought to hold landlords and developers accountable for harm they caused to DC residents. In one case, the Office of the Attorney General (OAG) secured a decision upholding a Department of Buildings order that requires a developer to fix faulty construction that caused a Ward 4 condo building to sway in the wind, endangering unit owners and the community. In another case, OAG won a decision upholding the validity of rent refunds for 2,500 tenants at Marbury Plaza (now re-named Langston Views), a Ward 8 apartment building where landlords severely neglected the building, endangered residents, and refused to make court-ordered repairs.  

“My office will continue to hold accountable landlords and developers that violate our housing laws and put our residents and communities at risk,” said Attorney General Schwalb. “These two significant cases are not over – we will continue working to get compensation for Marbury Plaza tenants and, alongside our partners at the Department of Buildings, ensure that the required repairs at 4022 Georgia Avenue NW are made. If further enforcement action is necessary, we are prepared to take it.”

 

Requiring a Developer to Fix Shoddy Construction
4022 Georgia Avenue NW is a condominium building in Ward 4 where construction was so faulty that the building physically sways on windy days. In June 2021, the individual unit owners reported multiple problems with the building to its developer, 4022 Georgia Avenue, LLC (4022 LLC), which had been responsible for completing construction, obtaining the building’s certificate of occupancy, and selling individual units, and DV Investments, Inc., which had worked on initial construction. The owners also provided video of the swaying building to the District’s Department of Buildings (DOB), and informed DOB that when wind speeds are high, the movement of the building causes “plants and light[s]” to “move and sway,” “cabinets open and dishes have been broken,” and the movement “has created cracks in the wall that increase in number and width with each wind event.”

Inspections by DOB and engineers revealed serious structural problems with the building, which had been constructed in violation of District regulations and lacked proper structural support. DOB issued an Order to Correct to 4022 LLC and DV Investments Inc. requiring the developers to put in place temporary and permanent structural modifications to eliminate the building’s movement to ensure the building is safe and complies with DC’s building code.

4022 LLC appealed DOB’s Order to Correct to the Office of Administrative Hearings (OAH), which affirmed the order. 4022 LLC subsequently appealed the OAH decision to the D.C. Court of Appeals (DCCA). OAG represented the District before the court and sought a decision upholding the order.

In July 2025, the DCCA affirmed OAH’s decision, agreeing that the Order to Correct was valid. The ruling confirms that DOB has the authority to order the developer to fix the serious structural problems at this building and to initiate enforcement proceedings, if necessary.

“The DC Court of Appeals ruling is a win for accountability and for condominium owners in the District,” said Brian Hanlon, Director of the DC Department of Buildings. “This decision affirms DOB’s authority under Mayor Bowser's leadership to protect homeowners from being burdened with poorly constructed homes. Developers cannot walk away from their responsibility to build safe and habitable housing. There is no place in DC for poor or unsafe construction, and DOB will hold builders accountable for their work, even after the sale of a property.”

The decision is available here.

This matter was handled by Assistant Attorney General Tessa Gellerson, Deputy Solicitor General Graham Phillips, Principal Deputy Solicitor General Ashwin Phatak, and Solicitor General Caroline Van Zile.

 

Holding a Landlord Accountable for Violating DC Housing Code & Flouting Court Orders
Marbury Plaza is a large rent-controlled apartment complex in Ward 8 that is home to about 2,500 residents. (As of early 2025, the complex is under new ownership and is now called Langston Views.) OAG sued Marbury Plaza’s (now former) owner, MP PPH LLC, and (now former) property manager, Vantage Management, in DC Superior Court, alleging that they had allowed the complex to severely deteriorate, creating conditions that endangered the lives and health of tenants. In 2022, the owner agreed to a consent order requiring it to quickly make repairs and address mold, water, and sewage leaks, failing plumbing and electrical systems, insect and rodent infestations, non-functioning elevators and wheelchair lift, and other problems.

Marbury Plaza’s owner ignored the consent order it had agreed to, repeatedly missing deadlines and refusing to make required repairs, and as a result, OAG asked the court to find it in civil contempt. In April 2023, the Court found the complex’s owner in contempt and imposed sanctions, ordering a 50% rent abatement for tenants. This rent credit was applied retroactively, and was set to remain in effect until the property’s owner complied with orders to repair the property, with the amount of rent returned to tenants increasing for ongoing noncompliance by the landlord. In total, the rent abatements returned more than $5 million to residents.

While the case continued in the trial court, Marbury Plaza’s owner appealed the Superior Court’s contempt order to the DCCA – and attempted to claw back rent refunds and credits that tenants had already received for the horrible conditions they endured. The District defended the Court’s contempt finding and the rent credits it had ordered. Legal Aid DC served as amicus curiae and argued for the rights of tenants.

"The previous owners had every opportunity to do right by the families who called Marbury Plaza home and follow the court's orders, but instead, they continued to let conditions worsen," said Vikram Swaruup, Executive Director of Legal Aid DC. "The compensation paid to tenants can't undo those harms, but it was an important step toward justice."

In July 2025, the DCCA issued a decision affirming the Superior Court’s contempt finding and sanctions, concluding that “[t]he evidence of MP PPH’s contempt was staggering.”

The decision is available here.

OAG’s case against the owner of Marbury Plaza is still ongoing. OAG won summary judgment in late 2024 and the case has moved to the penalty phase, where OAG continues to seek restitution for tenants and civil penalties.

The summary judgment order is available here.

This appeal was handled by Assistant Attorney General Marcy Coburn, Deputy Solicitor General Graham Phillips, Principal Deputy Solicitor General Ashwin Phatak, and Solicitor General Caroline Van Zile.  The trial proceedings were handled by Assistant Attorneys General Brendan Downes and Matthew Meyer.

 

OAG’s Enforcement Authority
OAG exercises its enforcement authority under several District statutes to protect tenants, including the Tenant Receivership Act (TRA), under which OAG can force landlords to fix health and safety issues at rental properties, and the Consumer Protection Procedures Act (CPPA), which protects consumers—including tenants—from deceptive and unfair business practices.

Resources for Tenants
OAG works to ensure that residents across the District have access to safe and affordable housing and holds landlords accountable if they violate the law. Access OAG’s resources to help renters for guidance on how to report problems with your landlord or your housing conditions. Tenants may send complaints about your housing conditions to HousingJustice@dc.gov.