§ 8A

Citation: § 8A
Parent Document: Ferreira v. Charland (2023)
Jurisdiction: Massachusetts (state)
Effective Date: 2023-09-05
Original Source: https://www.courtlistener.com/opinion/9424522/ferreira-v-charland/ ↗

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11As relevant here, G. L. c. 239, § 8A, provides as
follows:
     "In any action under this chapter to recover possession of
     any premises rented or leased for dwelling purposes,
     brought pursuant to a notice to quit for nonpayment of
     rent, or where the tenancy has been terminated without
     fault of the tenant or occupant, the tenant or occupant
     shall be entitled to raise, by defense or counterclaim, any
     claim against the plaintiff relating to or arising out of
     such property, rental, tenancy, or occupancy for breach of
                                                                  8 the tenant has not claimed a breach of the warranty of habitability as a defense to the eviction, and she did not withhold rent; she claims only a violation of the water use statute as a defense to a no-fault eviction.12 Section 8A "was originally enacted to provide a defense

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