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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Wideman, 633 N.E.2d 384 (1994)

Citation
Cruz Management Co. v. Wideman, 633 N.E.2d 384 (1994)
Parent Document
Cruz Management Co. v. Wideman, 633 N.E.2d 384 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Other Sections in This Document (57)

Full Text

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The plaintiff, Cruz Management Co., Inc., commenced a summary process action for possession under G. L. c. 239 (1992 ed.) in the Housing Court for the city of Boston against its tenant, the defendant, Glory Wideman. Wideman filed counterclaims alleging (1) breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment, see G. L. c. 186, § 14 (1992 ed.); (3) retaliation, see G. L. c. 186, § 18 (1992 ed.); and (4) violations of G. L. c. 93A (1992 ed.). After a trial was held before a judge of the Boston Housing Court, the Massachusetts Housing Finance Agency (MHFA) moved to intervene in the case on the side of Cruz Management. See Mass. R. Civ. P. 24 (a) and (b), 365 Mass. 679 (1974). The judge allowed the motion and permitted MHFA to supplement the record. The judge rendered a written decision in Wideman’s favor concluding, among other things, that conditions in her apartment had been in breach of the implied warranty of habitability, and that the value of the apartment had been reduced by fifty per cent. 2 Judgment entered for Wideman.