JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)

Citation: JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)
Parent Document: JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-08-21
Original Source: https://www.courtlistener.com/opinion/10658045/jeffrey-campbell-v-mansour-abd... ↗

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The landlord sent the notice to quit within a month of Coffey's complaint to the board of health.  Therefore, the statutory presumption of retaliation arose here, triggering the landlord's obligation to prove by clear and convincing evidence that his action "was not a reprisal against the tenant" and that he "had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, regardless of tenants engaging in, or the belief tenants had engaged in" protected reporting.  South Boston Elderly Residences, Inc. v. Moynahan, 91 Mass. App. Ct. 455, 468 (2015), quoting G. L. c. 186, § 18.  Here, though, the judge determined that the retaliation defense was foreclosed by the language of G. L. c. 239, § 8A. General Laws c. 239, § 8A, reads in pertinent part,

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