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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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We conclude that the implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises, and is not breached solely by the presence on the premises of uninvited persons engaged in unlawful activities or by the failure to provide security services.[10] See Pippin v. Chicago *283 Hous. Auth., supra at 209 ("decent, safe and sanitary" refers exclusively to physical condition of premises and does not require provision of protection from criminal activities); Walls v. Oxford Management Co., 633 A.2d 103, 107 (N.H. 1993) (warranty of habitability protects tenants against structural defects, but does not require landlord to take affirmative measures to provide security).