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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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Section 32D states that the tenant can bring an action against the landlord only "provided that the landlord of the public or subsidized housing development has actual or constructive notice of said unlawful conduct" (emphasis supplied). The court concludes today that § 32D does not expressly *290 place the burden of ascertaining the names of offenders on those tenants seeking to avail themselves of the remedies afforded by §§ 32C and 32D. Even assuming that to be true, neither does the statute place on the housing authority the burden of bringing an action for equitable relief against such persons, the identity of whom they have no actual or constructive knowledge.