Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 18

Citation
Section 18
Parent Document
Mogilevsky v. Keating, 11 Mass. L. Rptr. 332 (2000)
Jurisdiction
Massachusetts (state)
Effective Date
2000-02-11

Full Text

1,277 chars
Mogilevsky contends that, under the state Equal Rights Act, he was deprived of adequate housing conditions under the implied conditions of the contract and was unable to enforce the contract between him and the Defendants. (Mogilevsky Amended Complaint at ¶53.) In other words, Mogilevsky held up his end of the bargain by fulfilling his superintendent’s obligations but the Defendants failed to do the same.17 General Laws c. 93, §102 does not permit duplicative claims as it states that it provides a remedy “except as otherwise provided or permitted by law.” While it has been recognized that G.L.c. 151B is the exclusive remedy for employment discrimination claims, Mogilevsky is not bringing this claim as an employee, but as an occupant of the premises. See Charland v. Muzi Motors, 417 Mass. 580, 589 (1994). Mogilevsky contends that this is not a duplicative claim because he was denied the opportunity afforded all people of enforcing the terms of the contract, namely habitable housing. To the extent that this claim relates to Mogilevsky’s unique situation and the deprivation of his right to enforce the terms of the contract, the Defendants’ motion to dismiss Count VIII, violation of the Equal Rights Act is denied. 7.Intentional Infliction of Emotional Distress.