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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)

Citation
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Parent Document
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-10-10

Other Sections in This Document (33)

Full Text

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Cowin, J.
The plaintiff, Homesavers Council of Greenfield *454Gardens, Inc., the owner of a Federally subsidized housing complex in Greenfield (landlord), appeals from a judgment of the Housing Court which, among other provisions, awarded the defendant, Luz Sanchez, a tenant at the complex (tenant), damages in the amount of $5,000 for emotional distress arising from the landlord’s interference with the tenant’s right of quiet enjoyment. See G. L. c. 186, § 14. The judge doubled the damages pursuant to G. L. c. 93A and awarded the tenant attorney’s fees. The landlord does not appeal from other portions of the judgment. It presses a single point on appeal, specifically, that the judge’s finding of intentional infliction of emotional distress is not warranted in the absence of the kind of evidence required under Agis v. Howard Johnson Co., 371 Mass. 140, 144-145 (1976). We think the argument misconceives the nature of damages for interference with quiet enjoyment. We conclude in addition that, even were the criteria of Agis applicable, the judge’s findings were supported on this record. Accordingly, we affirm the judgment.