Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)

Citation: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Parent Document: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-09-25
Original Source: https://www.courtlistener.com/opinion/8354506/fennelly-v-kimball-court-apartm... ↗

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On December 1, 1990, Fennelly and her two minor sons moved into a two bedroom apartment, Apt. G14, at 6 Kimball Court (“the Unit”) as tenants under a state rental assistance program. (Fennelly Aff. ¶1; Agreed Facts ¶5.) Kimball Court Apartments III Limited Partnership designated the Unit as one of its tax credit, low income units. (Agreed Facts ¶13.) In March of 1997, Fennelly received a Section 8 voucher2 issued by the Woburn Housing Authority (“WHA”), and on April 1, 1997, she and JRM executed a Section 8 voucher lease for the Unit (“the Lease”) and a HUD-required Lease Addendum (“the Addendum”). (Kutny Aff. ¶¶3, 4; Joint Ex. B; Zorzonello Aff. ¶4.) The Lease provides that it is for a term of one year unless earlier terminated pursuant to its terms and, thereafter, shall automatically extend from month to month under the same terms unless terminated by thirty days prior written notice by either party. (Joint Ex. A.) Paragraph K of the Lease provides that “(i]f the premises are rendered uninhabitable by fire, flood or other natural disaster during the term of this agreement, this agreement is thereupon terminated.” (Joint Ex. A.) Paragraph E of the Lease provides:

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