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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)

Citation
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Parent Document
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-02-05

Other Sections in This Document (60)

Full Text

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Hamilton has alleged that AvalonBay breached the implied warranty of habitability because of the presence of mold in the apartment. To prove such a claim, he must establish that the premises are either “uninhabitable” as defined by the state Sanitary Code, or be in a condition that “may endanger or materially impair the health or safety, and the well-being of any tenant.” Boston Housing Authority v. Hemingway, 363 Mass. 184, 200-01 (1973). While proof of a violation of the state Sanitary Code would usually suffice as evidence that the apartment was not in habitable condition (Boston Housing Authority at 200), not every breach of the code automatically translates to a breach in the warranty of habitability where, for example, the violation was an “isolated” one. McKenna v. Begin, 5 Mass.App.Ct. 304, 308 (1977).