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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)

Citation
Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)
Parent Document
Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)
Jurisdiction
Massachusetts (state)
Effective Date
2008-12-01

Full Text

613 chars
“[T]he implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises.” Doe v. New Bedford Hous. Auth., 417 Mass. 273. 287 (1994) (emphasis in original). The implied warranty applies to significant defects in the property *33itself. McAllister v. Boston Hous. Auth., 429 Mass. 300, 305 (1999). While a natural accumulation of ice and snow is not such a defect, id. at 306, the Supreme Judicial Court has not foreclosed the possibility that an unnatural accumulation may qualify as one. See Aylward, 412 Mass. at 80 n.3.