LAW

APPELLATE AND SUPREME JUDICIAL COURT CASES

2022 VERMONT MUTUAL INSURANCE COMPANY vs. PAUL POIRIER (Insurance Does Not Have to Pay Attorney Fees Under 93A)

2021 Morse vs Ortiz-Vazquez (tenants can file Answers late and delay hearings without any negative consequences to them plus they can still file Affirmative Defenses)

2021 Navarro vs Burgess (for lead paint tenants can sue only landlords not inspectors, paint companies, deleaders, etc)

2021 VICTOR CREATINI vs. MARK McHUGH (Landlords not responsible for injuries by tenant’s dog)

2020 YOUGHAL, LLC vs. AMANDA ENTWISTLE (leaving a Notice to Quit attached to the door is not an acceptable way to give the tenant a notice AND 93A abuses by judges continue to happen!)

2020 Goreham v Martins (no personal injury damages under warranty of habitability when landlords fail to keep common areas reasonably free of snow and ice)

2019 Davis vs Comerford (time lost by landlords is an irreplaceable loss to the landlords which warrants rent escrow if asked by the landlord in a motion)

2019 RUTH ADJARTEY & vs. CENTRAL DIVISION OF THE HOUSING COURT DEPARTMENT

2019- TIMOTHY CREAMER vs. ARBELLA INSURANCE (Insurance companies can be liable for the hazardous waste even after the building sold.)

2018 Cambridge Street Realty vs Melinda Stewart

2018 Almeida vs Pinto (not pulling a permit a breach of duty but not a cause to the injury)

2018 MARY SHIEL vs. JOHN ROWELL (you can cut branches if they overhang your property)

2018 RENTAL PROPERTY MANAGEMENT SERVICES vs. LORETTA HATCHER. (Property Managers cannot evict tenants)

2017 Mac’s Homeowners Association vs Gebo (93A)

2017 SOUTH BOSTON ELDERLY RESIDENCES, INC. vs. GERALD MOYNAHAN.

2016 Halbach vs Normandy Real Estate (Landlords not responsible for sidewalk injuries)

2016 MacLaurin vs City of Holyoke (sprinklers can only be required if rehab so substantial that renders existing structure as good as new construction)

2016 Meikle v. Nurse (Landlords cannot evict a tenant unless they have followed the Security Deposit law 100% to the letter)

2016 Clark vs Treasure Woods Estates (max of one triple rent award per lawsuit about Quiet Enjoyment)

2015 Commonwealth v Keramaris (an ad may be discriminatory and unfair and deceptive but no 93A if no actual injury)

2014 Karaa vs Yim (Security Deposit, Last Month Interest and NO 93A without proof of actual injury

2014 BARRON CHIROPRACTIC & REHABILITATION, P.C. vs. NORFOLK & DEDHAM GROUP (You have the right not to accept settlement with an insurance company and continue your lawsuit against them so they can cover your attoney fees and other costs if you win)

2014 AUTO FLAT CAR CRUSHERS, INC. vs. HANOVER INSURANCE COMPANY (93A lawsuits can continue even if the injured party has been compensated 100% for the actual injury sustained)

2014 Kiely v Teradyne (no actual damages = no punituve damages and no attorney fees)

2014 Patterson vs. Christ Church of the City of Boston (not all building Code violations are 93A)

2013 Flagg v Alimed (what is associational discrimination?)

2013 Klairmont v Gainsboro Restaurant (a judge can ignore a jury verdict using 93A on the same set of facts)

2013 Cleber Coleta DOS SANTOS vs Maria A. COLETA (Landlord must fix even open and obvious dangers)

2013 City of Worcester v College Hill Properties (OK to have more than 4 unrelated adults living in apt)

2013 Chow v Merrimack Mutual Insurance Company (We are not responsible for the actions of independent contractors we hire)

2013 Tyler vs Michaels Stores

GMAC v First American Title Insurance (Liability Insurance Companies must defend all claims against us even if only one claim is covered)

2013 285 Washington St Co v Hudson River International (tenants don’t have to pay rent damages after they break the Lease unless the Lease specifies otherwise)

2012 Taylor v Beaudry (Security Deposits)

2010 Norfold & Dedham v Morrison (tenants can carry our insurance)

2010 Hug v Gargano (tripling of 93A)

2010 Fronk v Fowler (frivolous claims)

2010 Papadopoulos v Target Corp (Natural Accumulation of Snow)

2009 Dolores v Gustafson (Security Deposits)

2009 Nutt v Florio (dogs)

2008 Varney vs WMF (corporations must be represented by lawyers except in small claims)

2008 Iannacchino v Ford Motor (ongoing risk of injury could be 93A)

2004 Stonehill College v MCAD (emotional distress)

2004 Lord v Commercial Union Insurance (93A requires an actual injury)

2000 Commonwealth v Chatham (charging sheriff’s fee is illegal)

1987 Ianello v Court Management Corporation (damages limited to 3 rents)

1986 Castenholz v Caira (Security Deposit)

1984 Leardi v Brown (no actual injury required under 93A)

1983 Nei v Burley (no right to a jury under 93A)

1983 Mellor v Berman (good faith irrelevant to security deposit withholding)

1982 Simon v Solomon (emotional distress, quiet enjoyment)

1979 Darmetko v Boston Housing Authority (double damages illegal, student lawyers get paid)

1979 Berman v Jefferson (rent witholding and warranty of habitability)

1975 McKenna v Begin (breach of warranty of habitabilty, rent withholding)

1973 Boston Housing Authority v Hemingway (Breach of Warranty of Habitability)

 

ATTORNEY GENERAL

2014 and beyond AG Press Releases Link

2013, 2nd half, Attorney General Press Releases

2013, first half, Attorney General Press Releases

2012 Attorney General Press Releases

2011 Attorney General Press Releases

2009 – 2010 Press Releases by the Attorney General of MA

 

BUILDING BOARD

Decisions of the Building Board

 

FEDERAL COURT

2014 South Commons Condo Association vs. The City of Springfield and Charlie Arment Trucking (The Government can demolish your building without a warning in case of “emergency”)

2014 Perry v Equity Residential Management (landlords cannot charge application, amenity, community, move-in or pet fees upfront but they can charge a monthly pet fee)

2014 Paul Linder v Boston Fair Housing Commission

2011 Hermida v Archstone (illegal fees)

2010 Zimmerman v Puccio (corporate veil)

2010 Haddad v Hogan (93A)

2007 Massachusetts Eye and Ear Infirmary v QLT (right to a jury under 93A)

1985 Wallace Motor v. American Motor (93A)

 

HOUSING COURT

Housing Court Judge DINA FEIN, any cases after 2008

Housing Court Judge JEFFREY M. WINIK, cases from 2013 to mid-2014

Housing Court Judge TIMOTHY F. SULLIVAN, cases from 2013 to mid-2014

Housing Court Judge MARYLOU MUIRHEAD, cases from 2013 to mid-2014

Housing Court Judge DAVID KERMAN, cases from 2013 to mid-2014

Housing Court Judge DIANA HORAN, cases from 2013 to mid-2014

Housing Court Judge Robert Fields, cases from 2013 to mid-2014

Housing Court Judge WILBUR P. EDWARDS, JR., cases from 2013 to mid-2014

Housing Court Judge ANNE KENNEY CHAPLIN, cases from 2013 to mid-2014

Housing Court Cases – Judge Timothy Sullivan, Worcester Division (cases 2007-2009)

Housing Court Cases – Judge Jeffrey Winik, Boston Division (cases 2007-2009)

Housing Court Cases – Judge Wilbur Edwards, Boston Division (cases 2007-2009)

Housing Court Cases – Judge Diana Horan, Worcester Division (cases 2007-2009)

Housing Court Cases – Judge Robert Fields, Western Division (cases 2007-2009)

Housing Court Cases – Judge Dina Fein, Western Division (2004-2008)

Housing Court Cases – Judge David Kerman, Northeast Division (2007-2009)

Housing Court Cases – Judge Anne Chaplin, Southwestern Division (2007-2009)

2010 Rice v Apazidis (prospective tenant injuries)

2008 Tracy v Norve (right to a jury under 93A)

 

LEGISLATIVE LAW

https://massachusettslandlords.com/moratorium-on-evictions/

MGL 109A (Uniform Fraudulent Transfer Act), (piercing of corporate veil)

MGL 111, sec 127L (repair and deduct)

MGL 139, sec 19 (speedy eviction)

MGL 148, sec 26G (sprinklers)

MGL 151B, section 4 (Discrimination)

MGL 152 (Workers Compensation)

MGL 156C (the LLC Law)–

MGL 183A (Condominium Law)

MGL 186, sec 14 (quiet enjoyment)

MGL 186, 15B (security deposit and last month)

MGL 186, 18 (retaliation)

MGL 186, sec 19 (tenant must notify us in writing about unsafe conditions)

MGL 186, sec 20 (attorney fees in lease)

MGL 186, sec 22 (water submetering)

MGL 188 (Homestead Law)

MGL 231, 6F and 6G (bad-faith, frivolous lawsuits)

MGL 239, sec 2A (retaliation)

MGL 239, sec 4 (physical evictions law)

MGL 239, 8A (Rent Withholding)

 

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

MCAD Cases Web Site

 

REGULATIONS

940 CMR 3.17 (93A)

105 CMR 410.00 (Sanitary Code)

248 CMR (Plumbing Code)

950 CMR 112.00: M.G.L. c. 156C (LLC)

527 CMR (Electrical and Fire Codes), 527 CMR 31 (Carbon Monoxide Detectors), 527 CMR 32 (Smoke Detectors)

780 CMR (Building Code)

 

TAX BOARD

2013 and beyond Link

2012

2011

2010