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
Original Source: https://www.courtlistener.com/opinion/6588732/homesavers-council-of-greenfiel... ↗

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With the requirements of Agis out of the way, the judge’s finding that the landlord’s actions caused the tenant emotional distress is unassailable. It takes little imagination to understand that a woman with children living in a subsidized apartment might find anxiety-provoking a threat to put her on the street for failure to pay an unreasonable, erroneously determined rent well beyond her limited financial capacity. The landlord’s contention that the tenant’s emotional distress preceded the § 14 violation is unpersuasive. The judge’s finding that the tenant experienced severe emotional distress when she received the *459notice to quit is warranted.8 The judge could also find that the landlord’s actions were wilful and, thus, per the Attorney General’s regulations, a violation of G. L. c. 93A, § 2. See 940 Code Mass. Regs. § 3.17(6)(f) (1993) (“It shall be an unfair and deceptive practice for an owner ... [f] To violate willfully any provisions of [G. L.] c. 186, § 14”).9

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