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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)

Citation
Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994) 3.
Parent Document
Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-03-14

Other Sections in This Document (121)

Full Text

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3. Covenant of quiet enjoyment. The plaintiffs argue that the judge erred in granting summary judgment in favor of the defendant on their claim that the defendant violated G. L. c. 186, § 14 (1992 ed.), the so-called “quiet enjoyment” statute. See Simon v. Solomon, 385 Mass. 91, 94 (1982). The plaintiffs contend that the defendant caused a serious interference with their right of quiet enjoyment by failing to take necessary measures to provide reasonable security. The defendant counters that the covenant of quiet enjoyment is breached only by acts of the landlord or a person or instrumentality subject to the landlord’s control11 and, thus, there is no liability in this case because the defendant is not engaging in unlawful drug activity on the premises or *285because the defendant is powerless to control those persons engaged in such activity.