DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 13

Citation
§ 13
Parent Document
Ryan v. Mary Ann Morse Healthcare Corp. (2026)
Jurisdiction
Massachusetts (state)
Effective Date
2026-03-13
Original Source
https://www.courtlistener.com/opinion/10808368/ryan-v-mary-ann-morse-healthcare-corp/ ↗

Other Sections in This Document (369)

Full Text

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13The plaintiffs argue that Heritage nonetheless is liable
under the security deposit statute because the language of the
residency agreement –- which is submitted for agency approval as
part of the ALR certification process –- violates a regulation
requiring ALRs to provide "[a] clear explanation of the services
included in any fees, a description and itemization of all other
bundled services as well as an explanation of other services
available at an additional charge." 651 Code Mass. Regs.
§ 12.08(2)(a)(9). Just as the problematic fourth category in
the residency agreement is immaterial in the circumstances of
this case, so too is any alleged lack of particularity in the
contract's language.
                                                                  26 shown that it set the community fee based directly on a