Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)

Citation: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Parent Document: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-09-14
Original Source: https://www.courtlistener.com/opinion/4426085/beacon-residential-management-lp-v-rp/ ↗

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to the mother's motion to intervene, she claimed that she would
raise affirmative defenses to both of the grounds listed in the
notice to quit. Accordingly, a trial on the merits of the
summary process action or on the merits of the defenses raised
in the mother's proposed answer would involve the same factual
circumstances as the question whether the mother claims an
interest in the subject of the proceeding. In these
circumstances, for the reasons we discuss infra, the motion to
intervene is to be determined on the allegations in the motion,
attached pleadings, and supporting testimony and documents. See
American Nat'l Bank & Trust Co. v. Bailey, 750 F.2d 577, 585
(7th Cir. 1984), cert. denied sub nom. Chicago Inv. Corp. v.
American Nat'l Bank & Trust Co. of Chicago, 471 U.S. 1100 (1985)
(discussing analogous Federal rule).
6
The project-based housing was available through the United
States Department of Housing and Urban Development Housing
Choice Voucher Program, pursuant to 42 U.S.C. § 1437f (2012) and
implementing regulations. See Figgs v. Boston Hous. Auth., 469
Mass. 354, 355 & n.2 (2014). In eligible housing, commonly
referred to as "Section 8" housing, the Federal government,
through the local public housing agency, "pays rental subsidies
so eligible families can afford decent, safe and sanitary
housing." Id. at 355 n.2, quoting 24 C.F.R. § 982.1(a)(1)
(1999).
7
At the time, as a noncitizen, the mother needed
documentation that she was legally in the United States.
4 lease for subsidized rent for himself and the son, and the

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