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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 language from Hemingway quoted above, suggests that the scope of the warranty of habitability includes only the physical maintenance and repair of a dwelling unit, because the discussion focused on the inability and lack of incentive of modern day tenants to maintain and repair the dwelling units they rent. Hemingway, supra at 197-198. In addition, we previously have noted that the minimum standards of the warranty of habitability are measured by applicable building and sanitary codes, but we have left open the question whether the scope of the warranty is broader than the announced minimum standards. Berman & Sons v. Jefferson, 379 Mass. 196, 201 n. 9 (1979). Today the plaintiffs ask us to expand the scope of the warranty so that it is breached by the presence on the premises of uninvited persons engaged in unlawful conduct. We decline to do so, and leave open the question posed in Berman & Sons, supra, for another day.