Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)

Citation: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Parent Document: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-09-25
Original Source: https://www.courtlistener.com/opinion/8354506/fennelly-v-kimball-court-apartm... ↗

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In accordance with the express language of Paragraphs E and O of the Lease and Paragraph 18 of the Addendum, Paragraph K must yield to Paragraph 10 of the Addendum. The termination provisions in Paragraph 10 are required by HUD in connection with the Section 8 program. See 42 U.S.C. §1437f(d)(B)(iv); 42 U.S.C. §1437d(o)(7) (Commonwealth); 42 U.S.C. §1437d(o)(7)(E); 24 C.F.R. §982.308(f)(2); 24 C.F.R. §982.310. These provisions, as incorporated into the Addendum, have the force of federal law, and cannot be overridden by private contract. See Thorpe v. Housing Authority of Durham, 89 S.Ct. 518, 522-23 (1969). Compare Harborview Residents Committee, Inc. v. Quincy Housing Authority, 368 Mass. 425, 428-30 (recognizing the Department of Community Affairs’ power to require local housing authorities to adopt a model lease containing grievance procedures for tenants and restrictions on landlord’s ability to terminate the lease). See also Reynolds Bros., Inc. v. Commonwealth, 412 Mass. 1, 5 (1992) (stating that where there is a conflict between a statutorily required contract provision and the remainder of the expressed contract, the required provision controls). The protections against termination in Paragraph 10 of the Addendum trump the fire termination provision in Paragraph K of the Lease. See Corcoran Management Co., Inc. v. Ghazal, Northeast Housing Court No. 00-SP-00344 (March 31, 2000) (Kerman, J.) (concluding that following a fire, notwithstanding a destruction of premises clause, the landlord could not terminate a Section 8 tenancy without following the HUD-required procedures contained in the lease).

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