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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

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Moreover, the lead paint statute was enacted many years after the enactment of the quiet enjoyment statute. We must presume that at that time the Legislature was aware of the quiet enjoyment statute and its express provision for the award of attorney’s fees. See St. 1927, c. 339, § 1; St. 1971, c. 1081, § 1; Hadley v. Amherst, 372 Mass. 46, 51 (1977). Yet the lead paint statute makes no reference to G. L. c. 186, § 14, and its statutory remedy for the attorney’s fees, although it does contain references to other statutory landlord-tenant remedies. See, e.g., § 198, making available remedies for enforcement of the State sanitary code, and § 199A, making it a violation under both that section and c. 186, § 18, to evict a family with a child under the age of six to avoid deleading. Where the Legislature has declined to provide that a violation of the lead poisoning statute is also a violation of the quiet enjoyment statute, we are not inclined to do so.