McGrath v. Mishara, 434 N.E.2d 1215 (1982)

Citation: McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Parent Document: McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Jurisdiction: Massachusetts (state)
Effective Date: 1982-05-03
Original Source: https://www.courtlistener.com/opinion/2047214/mcgrath-v-mishara/ ↗

Full Text

1,217 chars

The tenants were awarded $405 under the treble damage provision of the Boston Rent Control Ordinance based on the landlord’s improper retention of $135 in excess rent. They were also awarded $286.64 plus interest under the double damage provision of former c. 186, § 15B, based on the landlord’s improper deduction of $143.32 from their security deposit. The conclusion is inescapable that, with the exception of $16.64 representing twice the amount of interest wrongfully withheld, the award under c. 186 and the award under the ordinance were for the same wrong. A different case might be presented if the award under the ordinance was based on the landlord’s improper demands for rent in the summer and fall of 1975, since a mere demand for excess rent will constitute a violation of the ordinance while an actual withholding of money is necessary to establish a violation of c. 186, § 15B. Here, though, the tenants’ action under the ordinance was timely only in so far as it was based on the landlord’s deduction of rent from the security deposit in July, 1976. Although the tenants may not recover two damage awards merely because this deduction was a violation of both laws, see Darmetko v. Boston Hous. Auth.,

Other Sections in This Document (74)

Full Text