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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 court concedes that the housing authority may pursue an injunction pursuant to § 32C only against named nontenants. Ante 278 at n. 6. A fundamental principle of statutory construction is that, in interpreting any particular provision, it should be construed as part of the statute as a consistent whole. Walker v. Board of Appeals of Harwich, 388 Mass. 42, 51 (1983). Thus, reading § 32D along with § 32C to which it refers, the logical conclusion is that the housing authority must have actual or constructive notice of the unlawful conduct by a person before a duty arises under §§ 32C or 32D to seek an injunction or other relief. Accordingly, in order to sustain a § 32D action, tenants must either name the offenders or they must show that the housing authority has actual or constructive notice of the identity of such offenders.