Phyllis Ndoro v. Maritza Torres (2024)

Citation: Phyllis Ndoro v. Maritza Torres (2024)
Parent Document: Phyllis Ndoro v. Maritza Torres (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10291534/phyllis-ndoro-v-maritza-torres/ ↗

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SMYTH, J.  The landlord, Phyllis Ndoro, brought this no-cause summary process action to recover possession of an apartment from the tenant, Maritza Torres.  In her answer, Torres raised a number of defenses and counterclaims, including breach of the warranty of habitability, violations of G. L. c. 93A, breach of quiet enjoyment, and retaliation.[1]  After a bench trial, a judge of the Housing Court found that the "rotting bathroom underflooring," a condition that existed for nine months of the tenancy, endangered Torres's and her minor children's health and safety and amounted to a violation of the warranty of habitability.  The judge awarded Torres possession of the apartment pursuant to G. L. c. 239, § 8A, and $1,170 in damages on her habitability counterclaim, and he dismissed Torres's remaining counterclaims.[2]  Torres appeals from the judgment and from the judge's order denying her motion for reconsideration.[3]

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