Altschuler v. Boston Rent Board, 425 N.E.2d 781 (1981)

Citation: Altschuler v. Boston Rent Board, 425 N.E.2d 781 (1981)
Parent Document: Altschuler v. Boston Rent Board, 425 N.E.2d 781 (1981)
Jurisdiction: Massachusetts (state)
Effective Date: 1981-09-22
Original Source: https://www.courtlistener.com/opinion/2134881/altschuler-v-boston-rent-board/ ↗

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to condition the general adjustment on compliance with “all laws governing conditions of habitability.” The landlord also makes the related argument that the board lacked authority to deny the entire amount of the adjustment because such denial conflicts with the statutory requirement that landlords receive a “fair net operating income” from controlled units. St. 1970, c. 863, § 2. The defendants maintain, however, that the landlord never raised these contentions below. The record shows that the defendants are correct. In particular, we find no mention of these arguments either in the board’s summary of its proceedings or in the summary of issues set out in the Housing Court’s opinion. The landlord may not raise these issues on appeal where he failed to raise them in the trial court, see Milton v. Civil Serv. Commn., 365 Mass. 368, 379 (1974); Royal Indem. Co. v. Blakely, 372 Mass. 86, 87-88 (1977); Drury v. Abdallah, 9 Mass. App. Ct. 865, 866-867 (1980), or before the board, Niles v. Boston Rent Control Admr., 6 Mass. App. Ct. 135, 151 (1978); Whitehall Co., Ltd. v. Alcoholic Beverages Control Commn., 7 Mass. App. Ct. 538, 542-543 (1979).

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