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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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The landlord does not suggest, however, that the amount of the increase which the board actually granted (although conditionally) was insufficient to constitute a fair net operating income. Nor does the landlord contend that the board, in fixing that amount, erred in failing to consider any of the factors set out in the statute. Rather, the landlord’s objection is to the emphasis which § 5(A) (3) of Regulation 11 places on factor (5). The short answer to this objection, however, is that the “statute provides no formula for ascribing relative weights to these factors,” and “substantial discretion is left with [the board] in deciding . . . what rent adjustments are to be allowed,” Sherman v. Rent Control Bd. of Brookline,