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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 32D

Citation
Section 32D
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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The plaintiffs characterize §§ 32C and 32D as a "statutory obligation to provide adequate security to ... tenants." However, the statutes clearly allow the landlord to file an action to enjoin the presence on the premises of a person engaged in certain unlawful conduct and also allow a tenant to file an action to require the landlord to bring such an action. Although the language of § 32D is clear that it "does not limit any existing nor create any new civil or criminal liability," the granting of summary judgment on the claim under c. 121B, §§ 32C and 32D, was improper because the plaintiffs asserted a valid claim in their complaint and the defendant did not meet its burden of showing absence of any genuine issue of material fact and entitlement to judgment as a matter of law. See Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974).