Section 18

Citation: Section 18
Parent Document: Mogilevsky v. Keating, 11 Mass. L. Rptr. 332 (2000)
Jurisdiction: Massachusetts (state)
Effective Date: 2000-02-11
Original Source: https://www.courtlistener.com/opinion/8353877/mogilevsky-v-keating/ ↗

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Section 18 of Chapter 186 uses the word “tenant.” The term “tenant” is to be liberally construed to effectuate an appropriate remedy. See Serreze, 30 Mass.App.Ct. at 643 n.9, citing Brown v. Guevrier, 390 Mass. 631 (1983); Arsenault v. Chicopee Housing Authority, 15 Mass.App.Ct. 939, 941 (1983). Section 18 protects individuals who seek to secure their right to decent and safe housing from reprisals. Having found that occupants of housing intended for human habitation have the right to have their housing meet minimum standards of habitability, it is axiomatic that they would be protected by the laws that afford them the right to secure that right. Therefore, in order to effectuate the legislative purpose, the Court finds that the term “tenant” in G.L.c. 186, §18 includes individuals who receive housing in exchange for services. To find otherwise would render the right to habitable housing for individuals such as Mogilevsky meaningless. Defendants’ motion to dismiss will be treated in accordance with the above rulings. *3342.Mogilevsky's Habitability Claims.

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