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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)

Citation
Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)
Parent Document
Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-08-14

Other Sections in This Document (44)

Full Text

604 chars
The BHA does not challenge the judge’s conclusion that its failures to repair the leaky roof and the defective floors were breaches of its implied warranty of habitability or his determination that the leaky roof interfered with the plaintiff’s quiet enjoyment of the leased premises. We see no reason, however, for the plaintiff to recover cumulatively for a breach of the implied warranty of habitability and for interference with her quiet enjoyment of the premises. In the absence of any statute authorizing recovery beyond her actual loss, she may not recover for the same wrong under each theory. 4