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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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required Cruz Management “to provide Decent, Safe and Sanitary housing.” Under the contract terms, if MHFA notified Cruz Management that it had failed to maintain a particular dwelling unit in a decent, safe and sanitary condition, and Cruz Management failed to remedy the problem within a prescribed period of time, MHFA was permitted to abate housing assistance payments, even if the tenant on whose behalf the rent subsidy'was being paid continued to occupy the unit. If the tenant did not continue in residency, MHFA could still retain rent subsidy payments and use those funds to provide alternative housing for the family. In the event of a default by Cruz Management, the HAP contract gave MHFA the power, after notification, to abate subsidy payments, and to recover “overpayments.” The Code of Federal Regulations, 24 C.F.R. § 881.507(c) (1993), similarly provides that, in the event of a default, MHFA could “notify the owner . . . (i) of the actions required to be taken to cure the default, (ii) of the remedies to be applied by the [public housing agency] including specific performance under the [HAP] Contract, abatement of hous *779