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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Torres argues that Ndoro willfully violated c. 93A by waiting at least nine months to repair the bathroom floor, a condition that the judge found serious enough to endanger the health and safety of Torres and her family.  Specifically, Torres contends that by not substantially completing the repairs within fourteen days of notice, the landlord violated the following regulations:  940 Code Mass. Regs. § 3.17(1)(b)(1) (failure to remedy a violation of the law that "may endanger or materially impair the health, safety, or well-being of the occupant"), and § 3.17(1)(b)(2) (1993) (failure to "maintain the dwelling unit in a condition fit for human habitation").  Torres also contends the unreasonable delay in repairing the floor violated § 3.17(1)(i) (1993) (failure "to comply with the State Sanitary Code or any other law applicable to the conditions of a dwelling unit within a reasonable time after notice of a violation of such code or law from the tenant or agency").  A landlord's violation of any of these regulations constitutes "an unfair or deceptive act or practice."  940 Code. Mass. Regs. § 3.17(1).

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