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

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025) 2.
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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2. 
Damages for violation of State sanitary code.  The judge found that 133 West Main's failure
to reduce to writing the Kimballs' obligation to pay for utilities at the
premises violated the State sanitary code and thus was an unfair practice under
c. 93A.  For this violation, the
judge awarded the Kimballs actual damages of $9,487.34, doubled for a total
award of $18,974.68, plus a reasonable attorney's fee.  133 West Main does not challenge the judge's
findings of violations, nor could it. 
The State sanitary code protects "the health, safety, and
well-being of occupants and the general public" by requiring the owner of
a dwelling to provide water, sewer, and gas or electricity absent a written
agreement for them to be provided by the occupant.  105 Code Mass. Regs. §§ 410.001(A), 410.130(C)(3),
410.200(A)(2) (2023).[10]  In turn any
act or practice that "fails to comply with" laws or regulations
"meant for the protection of the public's health, safety, or welfare"
is a violation of c. 93A.  940 Code
Mass. Regs. § 3.[16](3) (1993).  133
West Main argues instead that where there was no violation of the covenant of
quiet enjoyment or diminution of the fair rental value of the premises, it was
error to award actual damages.  We agree.

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