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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By letter dated June 8, JRM notified Fennelly that it was terminating her tenancy pursuant to paragraph H(2)(a) of the Occupancy Agreement. (Def. Ex. Commonwealth.) The letter stated that the tenancy was also terminated pursuant to paragraph K of the Section 8 Voucher Lease because the premises had been rendered uninhabitable by fire. (Def. Ex. Commonwealth.) After receiving this letter, Fennelly spoke to Fran Coulter (“Coulter”) at the WHA, who informed her that, unfortunately, the lease was terminated by the fire. (Fennelly Dep. p. 26.) When Fennelly asked whether she would be able to get another lease for the Unit, Coulter responded that it was up to JRM and suggested that Fennelly look for other apartments because it might take a while to restore the Unit. (Fennelly Dep. p. 27.) Fennelly diligently looked for other housing but has not been able to find a Section 8 apartment for under $1,000 per month. (Fennelly Aff. ¶10.) She filled out an application for an apartment located near her mother’s house that was $1,000 per month without utilities, but in the middle of July, she was informed that the apartment had been rented to someone else. (Fennelly Dep. p. 31.)

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