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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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See Young v. Garwacki, 380 Mass. 162, 164-169 (1980) (reviewing the evolution of common law principles pertaining to the relationship between landlord and tenant). We adopted the rule that in all rentals of premises for dwelling purposes, there is implied a warranty that the premises are fit for human occupation. Hemingway, supra at 199. Under this warranty of habitability, the landlord warrants "that at the inception of the rental there are no latent [or patent] defects *281 in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable." Id., quoting Kline v. Burns, 111 N.H. 87, 92 (1971).