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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)

Citation
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Parent Document
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Jurisdiction
Massachusetts (state)
Effective Date
1973-03-05

Other Sections in This Document (181)

Full Text

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The answer of each tenant also "claims the protection of ... [G.L.c. 239, § 8A, inserted by St. 1965, c. 888, as amended] which states that a defendant may not be evicted for non-payment of rent where the plaintiff is in violation of the State Sanitary Code and a proper inspection of said premises has been made and the tenant has been paid up in her rent prior to said inspection; [and] [t]hat the defendant has complied with ... [c. 239, § 8A] and that therefore the plaintiff cannot recover." As to each tenant the trial judge found that she had failed to give the written notice required by § 8A, that she "would, because of such [Code] violations, withhold all rent thereafter becoming due until the conditions constituting such violations were remedied." He then properly ruled that § 8A "is not available to the defendant as a defense to this proceeding." See Rubin v. Prescott, 362 Mass. 281, 287-289.