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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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On remand, the plaintiffs will have to prove the elements of § 32D: unlawful conduct as described in § 32C occurring on the premises; serious threat to the plaintiffs' health or safety as a result of said conduct; reasonable cause to believe that the unlawful conduct will continue to pose a serious threat; and actual or constructive notice to the landlord of the unlawful conduct. In addition, since the exclusive remedy under § 32D is an order requiring the landlord to take action under § 32C, and since it would be a waste of judicial resources to issue a § 32D order with which the landlord could not possibly comply, the plaintiffs must show that the landlord knows or can discover by reasonable effort the identity of those persons sought to be enjoined under § 32C.