§ 18

Citation: § 18
Parent Document: South Boston Elderly Residences, Inc. v. Moynahan (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-05-09
Original Source: https://www.courtlistener.com/opinion/4389766/south-boston-elderly-residences... ↗

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       For example, the only photos that apparently were
introduced to document such clutter are hardly as definitive as
the landlord claims (showing, as they do, plastic storage bins
stacked on shelving). In addition, as Moynahan accurately
points out, although ISD inspectors were in the apartment on
numerous occasions to examine the moisture problem and related
issues, they did not cite any clutter problem except in
September of 2012, when Moynahan claims he was unable to
organize his belongings after returning to unit 13 because of
"his sensitivity to the new paint and carpet." See 105 Code
Mass. Reg. § 410.602(B) (1994). The judge did not explain why
he declined to credit ISD's apparent prior lack of concern with
clutter in unit 13, while he incongruously found it significant
that ISD inspectors did not document a problem with fumes when
they were inspecting the apartment in 2012.
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