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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 2

Citation
Section 2
Parent Document
Altschuler v. Boston Rent Board, 425 N.E.2d 781 (1981)
Jurisdiction
Massachusetts (state)
Effective Date
1981-09-22

Other Sections in This Document (120)

Full Text

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are clearly relevant to habitability, the subject of Regulation 11, § 5(A)(3). The landlord argues, however, that factor (5) applies only to a “deterioration” of the premises from its previous condition, or to a lack of “repair, replacement or maintenance” regarding existing facilities. Thus, the argument continues, factor (5) does not apply to a “failure to install fixtures” which had never previously been provided, and Regulation 11, § 5(A) (3), therefore exceeds the scope of factor (5) to the extent that such devices would be required to comply with “all laws governing conditions of habitability-”