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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)

Citation
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Parent Document
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-11-08

Other Sections in This Document (63)

Full Text

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For example, the State Sanitary Code, adopted pursuant to authority granted in G. L. c. 111, § 5 (since amended, see G. L. c. 111, § 127A, for the current version), imposed on the landlord a duty to maintain an apartment in habitable condition, so the landlord could fairly expect and be expected to keep his rented premises habitable. Moreover, the Legislature had created tenant’s remedies for private enforcement of the Code, G. L. c. 111, §§ 127A-127H, and for self-help through rent withholding, G. L. c. 239, § 8A. The creation of private remedies negated any argument that the Legislature was content with purely public enforcement of *199