Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Citation
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Parent Document
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2007-01-04
Other Sections in This Document (20)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
Full Text
1,184 charsThe plaintiffs argue two theories of liability. First, they argue that the combination of the wiring and insulation was a violation of the Massachusetts building code, 780 Code Mass. Regs. § 2700 (1991), which requires that all wiring comply with the Massachusetts electrical code, 527 Code Mass. Regs. § 12.00 (1993) (MFC). Alternatively, they argue that even if the wiring was not in violation of the MFC, it violated the more general provisions of the building code requiring rented premises to be kept in a “safe and sanitary condition.” 780 Code Mass. Regs. § 104.1 (1990). Similarly, the plaintiffs urge that the defendant’s property was in violation of the State sanitary code, specifically 105 Code Mass. Regs. §§ 410.351 and 410.750(F) (1994), which provisions require an owner to “install in accordance with accepted . . . electrical wiring standards ... all electrical fixtures, outlets and wiring . . . .” 105 Code Mass. Regs. § 410.351. “A dwelling afflicted with a substantial Sanitary Code violation is not habitable.” Berman & Sons, Inc. v. Jefferson, 379 Mass. 196, 201-202 (1979). Either theory, they argue, would constitute a breach of the warranty of habitability.