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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019)

Citation
Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019) 3.
Parent Document
Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-05-10

Other Sections in This Document (50)

Full Text

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3. BHA's arguments. We briefly address two arguments BHA raises pertaining to Y.A.'s right to assert VAWA as *1245a defense.20 First, BHA suggests that, by raising VAWA, Y.A. seeks either to alter the terms of the final agreement for judgment or to have the agreement declared invalid. To the contrary, Y.A. simply seeks to raise a defense to her breach of that agreement, as is her right.21 **249In addition, the BHA contends that Y.A. is not entitled to VAWA protections because her failure to pay rent was chronic rather than "temporary," referencing the HUD Guidance, supra at § 7.2. This is a misreading of that document, which lists "temporary failure to pay rent" as one of several "examples" of "adverse factors," that might be a direct result of domestic violence -- it is not a precondition to receiving VAWA protection.22 See id.