McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- Citation
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- Parent Document
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 1999-04-08
Other Sections in This Document (25)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
- McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Full Text
1,342 charsThe implied warranty of habitability “is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises” (emphasis in original). Doe v. New Bedford Hous. Auth., 417 Mass. 273, 282 (1994). Not every breach of the State sanitary code supports a claim under the implied warranty of habitability. Rather, the implied warranty of habitability applies to significant defects in the property itself. Berman & Sons v. Jefferson, 379 Mass. 196, 201-202 (1979) (“A dwelling afflicted with a substantial Sanitary Code violation is not habitable”). See, e.g., Cruz Mgt. Co. v. Thomas, 417 Mass. 782, 787 (1994) (apartment lacked adequate heat, hot water, and fire escape; was infested with cockroaches, mice, and rats; had unsanitary common areas; and had defective smoke detector, windows, and wiring); Simon v. Solomon, 385 Mass. 91, 93, 96 (1982) (water and sewage repeatedly flooded apartment); Crowell v. McCaffrey, 377 Mass. 443, 451 (1979) (defec*306tive railing on third-floor porch). The natural accumulation of snow and ice is not such a defect. See Aylward v. McCloskey, 412 Mass. 77, 79 (1992); Gamere v. 236 Commonwealth Ave. Condominium Ass’n, 19 Mass. App. Ct. 359, 363 (1985). Thus, the directed verdict on the implied warranty of habitability claim was proper. Judgment affirmed.