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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This statute is remedial and is to be liberally construed to effectuate its purpose. Serreze v. YMCA of Western Mass., Inc., 30 Mass.App.Ct. 639, 643 n.9 (1991). Kimball and JRM’s conduct in declaring the Lease terminated and refusing to allow Fennelly to return to the Unit after it was restored to habitability violates G.L.c. 186, §15F. Thus, Fennelly is entitled to partial summary judgment, on liability only, with respect to Counts III and IV of the complaint. This Court notes that any damages ultimately awarded to her under Counts III and IV must not be duplicative.

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