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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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[6] The defendants suggest that § 32C is "specifically limited to equitable remedies to keep a named non-tenant off the subject premises." This likely is correct, since the statute refers to "a person" and "said person," G.L.c. 121B, § 32C, and since an injunction can be issued only against specified persons. See Mass. R. Civ. P. 65 (d), 365 Mass. 824 (1974). Section 32D, however, which confers on tenants a cause of action to compel the landlord to act pursuant to § 32C, contains no language expressly putting on tenants the burden of ascertaining the names of those "persons." In the absence of such language, and lacking the benefit of any argument that the Legislature intended the burden to be on the tenants, we decline to assign that burden to tenants.