Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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A tenant may raise the first, second, or third defense or counterclaim described supra if, for example, his or her home is infested with bugs or rodents, suffers from severe plumbing or electrical problems, lacks heat or hot water, or fails to comply with State codes. See, e.g., Cruz Mgt. Co. v. Thomas, 417 Mass. 782, 787, 633 N.E.2d 390 (1994) (apartment lacked adequate heat and hot water, was infested, had unsanitary common areas, and was in violation of fire and building codes). A tenant may raise the fourth defense or counterclaim described supra where such conditions result from the landlord's unfair or deceptive acts or practices. G. L. c. 93A, § 2 (a ). See Cruz Mgt. Co., supra at 790, 633 N.E.2d 390 ("substantial and material breach of the implied warranty of habitability" violates G. L. c. 93A); South Boston Elderly Residences, Inc. v. Moynahan, 91 Mass. App. Ct. 455, 470, 76 N.E.3d 272 (2017) ("failure by a landlord to cure a [sanitary] code violation within a reasonable time after notice constitutes a violation" of G. L. c. 93A); 940 Code Mass. Regs. § 3.17(6)(f) (willful violation of covenant of quiet enjoyment violates G. L. c. 93A).

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