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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Ndoro's approximately nine-month delay in replacing the rotting bathroom underflooring also constituted a sufficiently substantial and material breach of the implied warranty of habitability which, independent of the Attorney General's regulation, established a violation of c. 93A.  See South Boston Elderly Residences, Inc., 91 Mass. App. Ct. at 470, quoting Cruz Mgt. Co., 417 Mass. at 790 ("independent of the Attorney General's regulations, the Supreme Judicial Court has long recognized that a landlord can violate c. 93A based on a substantial and material breach of the implied warranty of habitability").  It is fundamental that a landlord has a duty to provide a tenant with premises free from conditions that would endanger or materially impair the health or safety of the tenant.  See Boston Hous. Auth. v. Hemingway, 363 Mass. 184, 196-199 (1973).  Here, the judge found the condition of the bathroom floor from July 2021 through March 2022 was "serious enough so as to endanger the health or safety of the [d]efendant and [her] minor children."

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