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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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383 Mass. 152, 158 (1981), the Supreme Judicial Court reaffirmed that “‘a grant of an express power carries with it all unexpressed, incidental powers necessary to carry it into effect.’ 3 C. Sands, Sutherland Statutory Construction § 64.02 (4th ed. 1974).” Pursuant to such implied powers, it was held that the city of Cambridge had authority under its enabling statute, St. 1976, c. 36, to regulate the removal of rental units from the housing market, including removals for condominium conversion. “The power to control rents ... is not so illusory that it does not comprehend the right and responsibility of preventing removals from its reach” where the rate of conversion would otherwise transform it into “the power to control nothing.” Flynn v. Cambridge, 383 Mass. at 159. Under reasoning of the Flynn