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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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*456In August, 2002, the landlord commenced the present proceeding seeking possession of the premises and unpaid rent of $2,039.50. The tenant, by counsel, again informed the landlord that her section 8 subsidy had been terminated wrongfully, and requested that the rent be adjusted accordingly. When this again produced no constructive response, the tenant asserted the illegality of the section 8 subsidy removal in an answer and counterclaim in the summary process case. The judge found that, “[ujpon receiving the notice to quit and summary process complaint, the tenant experienced severe emotional distress. She was anxious, fearful, [and] irritable, had difficulty sleeping, and had suicidal thoughts.” The judge found also that the landlord knew, or should have known, that applicable Federal policies and procedures precluded the termination of the tenant’s section 8 subsidy in the circumstances; that the tenant could not pay a rent of $575 per month once she stopped working; “and that charging a rent which amounted to 83% of her monthly income was likely to cause emotional distress.”