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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wallace v. Boston Rent Board, 12 Mass. App. Ct. 13 (1981)

Citation
Wallace v. Boston Rent Board, 12 Mass. App. Ct. 13 (1981)
Parent Document
Wallace v. Boston Rent Board, 12 Mass. App. Ct. 13 (1981)
Jurisdiction
Massachusetts (state)
Effective Date
1981-06-02

Full Text

932 chars
Hale, C.J.
By leave of a single justice of this court the Boston rent board has appealed from an order of the Housing *14Court of the city of Boston denying the defendant board’s motion to dismiss a part of the plaintiffs’ complaints. The court ruled that regulation 10 of the board’s rent regulations (1976), which sets out the procedure for implementing decontrol of Boston housing from rent control, denies due process to a tenant occupying a controlled residence at the time of its decontrol. The court also ruled that the new tenants had a right to participate in the proceedings before the board and that they should have been notified of that right. The court ordered the action remanded to the board and further ordered that the board “in the future notify new tenants of their rights.” The correctness of the ruling on due process is the only issue for our review as it is dispositive of the portions of the case before us.