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
Original Source: https://www.courtlistener.com/opinion/8357366/avalonbay-communities-inc-v-hamilton/ ↗

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AvalonBay rightly points out the similarities of this case to Avalon Oaks v. King, 2007 Mass.App.Div. 174, where the Appellate Division of the District Court affirmed a trial judge’s decision that where the tenants were unable to prove a causal connection between the premises of the apartment and their physical condition, they failed to prove a material breach of the tenancy. Even with evidence of visible and airborne mold, the Appellate Division continued, the tenanthad failed to show chronic dampness in violation of the state Sanitary Code. The Court concluded that even if the Code were violated, “typical levels of mold commonly found in residential units is insufficient to establish an actionable condition” and that finding otherwise “... would expose every landowner to liabil*439ity for failing to undertake impossible remediation efforts.” Avalon Oaks at 176. Counts II, VII and X

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