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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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The Attorney General claims that any loss due to the inability of Brown to collect the last month’s rent is “de minimis” since under G. L. c. 186, § 15B (1984 ed.), a landlord must place a tenant’s security deposit in a separate account and pay the tenant 5% annual interest. While the amount of interest over 5% that a landlord may be able to obtain on an advance of the last month’s rent on an individual apartment may be “de minimis,” that is not necessarily the case here. As stated above, Brown owns or has interest in 3,000 residential units in the Allston-Brighton area of Boston and between July, 1982, and May, 1984, had approximately 800 units that fell within Section 8 guidelines. An interest spread of 1% in Brown’s favor would be a substantial economic benefit and it does not necessarily follow that his attempt to maintain that benefit constitutes discrimination “solely” because the individuals seeking tenancy were recipients of assistance under the Section 8 program. Thus, since issues of fact must be resolved, the plaintiff is not entitled to summary judgment. *836