Although it is clear that merely “renting one portion of one’s own home does not bring the homeowner within the terms of the statute,” it is unclear whether G.L.c. 143, §51 is applicable to premises present in this case. See Banushi, 438 Mass, at 243; Hristoforidis, 2004 WL 1109626. The Orsono Court implied that it may be applicable to two- or three-family homes but Banushi and Hrisoforidis subsequently held that it does not. However, in Banushi and Hristoforidis the premises at issue consisted of only one structure, whereby this case involves two separate dwelling units — one that is rented to tenants and one that is owner-occupied and occasionally houses nonpaying students. It is difficult to ascertain whether the defendants’ premises would fall within the tenement type structures which would presumably be subject to strict liability or if it is an owner-occupied structure where the owner derives some minimal rental income but is not commercial or for public use so as to bring it within the statute. Furthermore, the premises are distinguishable from condominiums because condominiums are owned and rented by individual owners rather than one owner. See Orsono, 56 Mass.App.Ct. 612, 618-19 (“[T]he renting or leasing of individual units by individual owners [in a condominium], differs markedly from the commercial venture typified by a large apartment building . . .”). The current trend of increasing the scope of the liability exclusion to condominium units and even to three-family residences despite the contrasting Orsono Court dicta guides the Court to hold that G.L.c. 143, §51 is not applicable to the defendants’ premises. However, this law is far from settled and there is no case directly addressing the similar situation whereby the premises consist of two separate dwelling units owned by only one person. Therefore, it is possible that if the Court were to find that the defendants are entitled to judgment as a matter of law, the plaintiff could prevail on appeal. For the same prudential reasons cited above, this Court will defer determination on this motion for partial summary judgment until after a jury verdict is Returned.