133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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First, unlike in Billings, 397 Mass. at
616, and Patukonis, 24 Mass. App. Ct. at 910, there was no owner-occupant
involved in the rental, as the premises was owned by 133 West Main, a limited
liability company (LLC), and there is no evidence in the record that either
Mayer (or any of the LLC's managers) ever lived there. See Linthicum v. Archambault, 379 Mass. 381,
387 (1979) (plaintiff acting in business context within meaning of c. 93A
where she was using entire house as rental property when she contracted with
defendant to reshingle roof of home).
Second, while it appears that 133 West Main did not own any additional
properties apart from the premises, it was not an isolated rental property. Contrast Billings, supra at 614
("landlord owns the house and occupies the second-floor apartment. It is clear from the briefs of both parties
that this one apartment is the only rental property with which the landlord is
concerned"); Neihaus, 54 Mass. App. Ct. at 563 (personal residence rented
out by homeowner while he temporarily traveled overseas). Rather, it is undisputed that Mayer (and
Babigian) managed and leased numerous single and multifamily residential
properties as well as commercial properties.[9]
Third, on behalf of 133 West Main, Babigian worked with the Kimballs to
resolve issues, paid bills, and comanaged the premises, in addition to his role
managing other properties owned or operated by or through Mayer. Fourth, the Kimballs were not the first or
only tenants to occupy the premises.
Indeed, at Mayer's request, Allen removed the personal property of the
prior tenants because they had stopped paying rent. Finally, 133 West Main is itself an LLC. Of course, that status alone does not
establish that 133 West Main operated in trade or commerce under
c. 93A. See Sullivan, 487 Mass. at
69; Wodinsky v. Kettenbach, 86 Mass. App. Ct. 825, 833-834 (2015). See also Billings, supra at 616 ("the
character of the parties involved" is one factor in ascertaining whether
conduct occurred in business context).
However, viewed in conjunction with the other factors discussed above,
it is suggestive of a business context in this case.

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