Mellor v. Berman, 390 Mass. 275 (1983)

Citation: Mellor v. Berman, 390 Mass. 275 (1983)
Parent Document: Mellor v. Berman, 390 Mass. 275 (1983)
Jurisdiction: Massachusetts (state)
Effective Date: 1983-10-03
Original Source: https://www.courtlistener.com/opinion/6575926/mellor-v-berman/ ↗

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Where the Legislature has indicated its displeasure with described acts, has sought to deter their commission, and has encouraged vindicative lawsuits if wrongdoing is not stemmed, the imposition of multiple fines and penalties for a violation of statutory requirements is appropriate. Hampshire Village Assocs. v. District Court of Hampshire, 381 Mass. 148, 151-152, cert. denied sub nom. Ruhlander v. District Court of Hampshire, 449 U.S. 1062 (1980). Furthermore, the Legislature has the authority to provide for *282the recovery of such multiple damages in cases involving “conduct that it regards as particularly reprehensible.” Hampshire Village Assocs. v. District Court of Hampshire, supra at 153, quoting Lindsey v. Normet, 405 U.S. 56, 77 (1972). By enacting G. L. c. 186, § 15B, to limit the freedom of lessors and tenants to contract with regard to the rights and duties of the parties so far as security deposits are concerned, “the Legislature manifested a concern for the welfare of tenants in residential property who, as a practical matter, are generally in inferior bargaining positions and find traditional avenues of redress relatively useless; i.e., the legal expense of chasing a security deposit would be more than the amount of the deposit.” Goes v. Feldman, 8 Mass. App. Ct. 84, 91 (1979). See Hampshire Village Assocs. v. District Court of Hampshire, supra at 152-153.

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