Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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Further, not every minor or isolated violation of the building or sanitary codes constitutes a breach of the warranty of habitability. McAllister v. Boston Housing Auth., 429 Mass. 300, 305 (1999); Jablonski v. Clemons, 60 Mass.App.Ct. 473, 475 (2004); McKenna v. Begin, 5 Mass.App.Ct. 304, 308 (1977). The courtis given broad discretion to determine whether defects in a residence constitute a material breach of the warranty justifying an award of damages. Boston Housing Auth. v. Hemingway, 363 Mass. 184, 200-01 n.16 (1973); Jablonski v. Clemons, 60 Mass.App.Ct. at 475; McKenna v. Begin, 5 Mass.App.Ct. at 308. Regardless of whether the requirements of the building code were violated, the inadequate headroom clearance neither created a substantial question of safety nor made the condominium units unfit for human habitation.

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