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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Attorney General v. Brown, 511 N.E.2d 1103 (1987)

Citation
Attorney General v. Brown, 511 N.E.2d 1103 (1987)
Parent Document
Attorney General v. Brown, 511 N.E.2d 1103 (1987)
Jurisdiction
Massachusetts (state)
Effective Date
1987-08-19

Other Sections in This Document (68)

Full Text

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Thus, whether local housing authorities waived any of the requirements of the Section 8 program is immaterial. There are, however, issues which we believe to be material to the central issue whether Brown discriminated against recipients of Section 8 subsidies “solely” because of their status as such. Brown claims that legitimate business reasons kept him from renting to Section 8 certificate holders, primarily his loss of the cash flow engendered from his collecting, in advance, the last month’s rent and a security deposit equal to one month’s rent. That these reasons are related to the requirements of the Section 8 program does not necessarily equate with discrimination “solely” on the basis of the individual’s status as a Section 8 certificate holder. Brown should have an opportunity to litigate the issue whether his reasons are legitimate business reasons which are not satisfied by the protections afforded by the regulations of the Section 8 program.