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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McKenna v. Begin, 362 N.E.2d 548 (1977)

Citation
McKenna v. Begin, 362 N.E.2d 548 (1977)
Parent Document
McKenna v. Begin, 362 N.E.2d 548 (1977)
Jurisdiction
Massachusetts (state)
Effective Date
1977-05-11

Other Sections in This Document (55)

Full Text

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Whether or not the rent is abated completely from the *314beginning of the tenancy, public policy considerations dictate that it must abate completely after the condemnation of the unit. The decision of the board of health — as an administrative body which is presumably more expert than a court in judging the condition of apartment units — that the unit was unfit for habitation should be conclusive in the court’s determination of the habitability and value of the unit. Even more importantly, to permit payment of rent where a unit has been condemned is to frustrate the policy of the administrative agency (the board of health) of preventing occupation of buildings that are unsafe and dangerous to health because awarding rent for such a unit encourages the owner to continue to rent the unit despite its condition.