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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Counts V and XII allege that AvalonBay commenced a retaliatory eviction against the Hamiltons, thereby violating G.L.c. 186, section 18. To make such a case, the Hamiltons must prove that they engaged in some protected activity and that AvalonBay threatened or took reprisal action against them for engaging in such protected activity. See G.L.c. 184, section 18. The only pertinent protected activity here is the Hamiltons’ reporting a suspected violation of the state Sanitary Code. The state statute, however, requires a written report, which did not occur here, and thus, the statute cannot be invoked. Moreover, AvalonBay offered the Hamiltons several options: either move back into their leased apartment or stay in the model unit. In his decision, Justice Gants noted that the Hamiltons had rejected AvalonBay’s offer and instead, claimed the right to occupy two units — simultaneously—and rent-free.

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