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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Considering these circumstances, we agree with Torres that the judge erred in concluding that Torres failed to prove a violation of G. L. c. 93A, based on either the regulatory violations, see 940 Code Mass. § 3.17(1)(b)(1)-(2), and 3.17(1)(i), or the substantial and material breach of the common law implied warranty of habitability.  See Cruz Mgt. Co., 417 Mass. at 790; South Boston Elderly Residences, Inc., 91 Mass. App. Ct. at 470.  The case must therefore be remanded to determine the amount of damages to which Torres is entitled.  Because a tenant prevailing on a c. 93A claim may be awarded multiple damages pursuant to c. 93A, § 9 (3), the judge may award double or treble damages if the judge determines that the conduct at issue was a "willful or knowing violation . . . or that the refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the act or practice complained of violated [c. 93A]."

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