DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 12

Citation
§ 12
Parent Document
Ryan v. Mary Ann Morse Healthcare Corp. (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-12-05
Original Source
https://www.courtlistener.com/opinion/4684712/ryan-v-mary-ann-morse-healthcare-corp/ ↗

Other Sections in This Document (433)

Full Text

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16 Other sections within the ALR statute similarly clarify
how an ALR resident's rights under the security deposit statute
are modified by the ALR's provision of services. For example,
while the security deposit statute strictly curtails a
landlord's ability to enter a residential tenant's premises, see
G. L. c. 186, § 15B (1) (a), the ALR statute provides that
residents have a right to privacy within their living unit
"subject to rules of the [ALR] reasonably designed to promote
the health, safety and welfare of residents." G. L. c. 19D,
§ 9 (3). This provision indicates that while an ALR resident
has a right to privacy, this right may be subject to ALR-
specific exceptions, such as the need to enter a resident's
living unit to provide daily services, to assist in an
emergency, or to supervise access to kitchen amenities. See 651
Code Mass. Regs. § 12.04(1)(a) (2017) ("Residents shall have
exclusive rights to their Units . . . . [H]owever, as part of a
Resident's Service Plan, keys or access codes may be readily
available to specified shift staff").
     17 The statute applicable to continuing care retirement