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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 8A

Citation
§ 8A
Parent Document
Ferreira v. Charland (2023)
Jurisdiction
Massachusetts (state)
Effective Date
2023-09-05

Other Sections in This Document (706)

Full Text

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20Justice Ditkoff notes that in the second summary process
action, the tenant has raised retaliation as a defense for the
tenant's prevailing on her § 8A defense in the first action.
See post at         (Ditkoff, J., dissenting). It is difficult
to see how that retaliation defense would be successful,
however, given the pronouncement in Meikle, 474 Mass. at 214,
that the Legislature intended § 8A to be a "time-limited" remedy
and that a landlord in a no-fault eviction action is entitled to
bring a second action once she has remedied the original
                                                                  22 To sum up, in future proceedings involving no-fault evictions or evictions for nonpayment of rent, if a tenant