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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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Since MHFA intervened after the trial had been completed, the record furnishes no indication of which of its rights, if any, it attempted to assert against Cruz Management. The record, for example, does not show that MHFA notified Cruz Management that conditions in Wideman’s apartment were not decent, safe, and sanitary, or that MHFA advised Cruz Management that it intended to abate subsidy payments on Wideman’s behalf. The terms of the HAP contract, and the applicable Federal regulation, clearly require a State housing agency, like MHFA, to provide notice and an opportunity to cure a default before subsidy payments may be abated. Since the record does not permit us to conclude that MHFA has properly asserted its rights, there is no basis in this case to conclude that a full award of damages will affect MHFA’s position or rights under its contracts or Federal regulations. We also have no occasion to decide in this appeal whether MHFA can now recover damages from Cruz Management under its right to collect “over-payments” or on the basis of any other theory.