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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Al-Ziab v. Mourgis, 424 Mass. 847 (1997)

Citation
Al-Ziab v. Mourgis, 424 Mass. 847 (1997)
Parent Document
Al-Ziab v. Mourgis, 424 Mass. 847 (1997)
Jurisdiction
Massachusetts (state)
Effective Date
1997-05-08

Full Text

1,181 chars
Our decision also interprets the quiet enjoyment statute in harmony with the comprehensive program of lead paint poisoning prevention and control. General Laws c. 111, §§ 190-199, inserted by St. 1971, c. 1081, § 1, and substantially amended in 1988 and 1994 (see St. 1987, c. 773, § 6-9; St. 1993, c. 482, §§ 3-18., imposes strict liability on landlords *852for damages caused by poisoning from lead paint, and provides for treble damages if a landlord has been notified of the presence of lead paint and fails to correct it as provided by the statute. G. L. c. 111, § 199. See Bencosme v. Kokoras, 400 Mass. 40, 43-44 (1987). Significantly, the statute makes no provision for the payment of attorney’s fees; had the Legislature intended that attorney’s fees be awarded to a tenant who proves a violation of the lead paint statute it could readily have done so. Were we to accept the plaintiffs’ argument, all landlords held strictly liable under the lead paint statute would necessarily be required to pay the attorney’s fees of the tenant. That result is inconsistent with the statutory scheme; the plaintiffs cannot obtain indirectly what the statute fails to provide directly.