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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Murray v. Zullo, 20 Mass. L. Rptr. 293 (2005)

Citation
Murray v. Zullo, 20 Mass. L. Rptr. 293 (2005)
Parent Document
Murray v. Zullo, 20 Mass. L. Rptr. 293 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-12-20

Full Text

1,595 chars
More generally, Murray alleges that she is entitled to full reimbursement for the rent she and the FHA paid for the Apartment because it was illegal. She relies on (apparently unpublished) decisions of the Housing Court. Putting aside the question of whether these decisions carry any weight with this Court, they are quite different from the instant case. In one of the cited decisions, it was held that the landlord had no right to recover unpaid rent where the apartment was illegal; in *296the other decisions, the apartment was illegal because of the conditions that the landlord either caused or permitted to exist on the premises. In the instant case, the Zullos are not seeking to collect rent, and the condition of the Apartment had nothing to do with the determination by the Town that it could not be leased out. Moreover, there is no evidence to suggest that the Zullos either knew or should have known they could not lease it: the FHA inspected the premises before Murray was allowed to move in on a Section 8 voucher, and inspected it annually after she became a tenant. After each inspection, the Apartment was approved as a legitimate premises for use as a Section 8 (residential) unit. Finally, the remedy that Murray seeks is not supported by any decision of which this Court is aware. After having been a tenant at the Apartment for two years, Murray now seeks to require the Zullos to pay her all the rent they received on the Apartment, including that amount paid by the FHA. That would result in a undeserved windfall for the plaintiff. C. Count V: Violation ofM.G.L.c. 93A