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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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The relevant state Sanitary Code provision may be found at 105 C.M.R. 410.500 which requires that owners keep their dwellings “. . . free from chronic dampness ...” The Code defines chronic dampness as the “regular and/or periodic appearance of moisture, water, mold or fungi.” 105 C.M.R. 410.020 (emphasis added). There was no “regular appearance or periodic appearance of mold here: this was a one-time, isolated occurrence that happened on August 8, 2003 and within five days, AvalonBay had dried out the dampened portion of the living room. There was no report of mold either before or after this single episode.