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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

1,107 chars
The point at which I dissent from the opinion of the court is where it attempts to accomplish the first step by resort to an implied warranty of the fitness of the rented dwelling unit instead of by the implication of an agreement that the unit will comply with the minimum standards required therefor by law. The court states the new rule to be that the landlord renting a dwelling *214 unit impliedly warrants to the tenant "that the premises are fit for human occupation ... [which] `... means that at the inception of the rental there are no latent [or patent] defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable.'" The court makes no attempt to define what is required to make a dwelling unit "fit for human occupation," or to make "the property livable," or to define what may constitute a material breach of the new implied warranty. It suggests that broad discretion be left to trial courts to decide these questions on a continuing case by case basis.