§ 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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involved a different Attorney General regulation that
expansively purported to render any "act or practice [that]
fails to comply with existing [laws] meant for the protection of
the public's health, safety, or welfare" a per se violation of
c. 93A, without further constraining, in any factual way, the
"acts or practices" in question or recognizing a reasonable
period to cure the underlying noncompliance. See 940 Code Mass.
Regs. § 3.16(3) (1993).
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       Cruz does not stand for the proposition, as Moynahan
would have it, that a violation of the warranty of habitability,
in and of itself, constitutes a violation of c. 93A. Chapter
93A applies to "unfair or deceptive" conduct, Klairmont v.
Gainsboro Restaurant, Inc., supra at 173. In contrast,
"[c]onsiderations of fault do not belong in an analysis of [a
breach of] warranty" claim. Berman, 379 Mass. at 200.
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