Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)

The liability of a landlord to a tenant for breach of the warranty of habitability is rather firmly established. The Supreme Judicial Court has observed that, “in a rental of any premises for dwelling purposes . . . there is an implied warranty that the premises are fit for human occupation. This means that at the inception of the rental there are no latent [or patent] defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable.” Boston Housing Authority v. Hemingway, 363 Mass. 184, 199 (1973) (citation omitted). “At a minimum, this warranty imposes on the landlord a duty to keep the dwelling in conformity with the State Sanitary Code.” Simon v. Solomon, 385 Mass. 91,96(1982) (citations omitted). A landlord may *46be held liable not only for economic loss, but also for personal injuries to a tenant caused by a breach of this warranty. Crowell v. McCaffrey, 377 Mass. 443, 450-53 (1979).