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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Young v. Patukonis, 24 Mass. App. Ct. 907 (1987)

Citation
Young v. Patukonis, 24 Mass. App. Ct. 907 (1987)
Parent Document
Young v. Patukonis, 24 Mass. App. Ct. 907 (1987)
Jurisdiction
Massachusetts (state)
Effective Date
1987-05-01

Full Text

641 chars
The judge’s finding that Young’s violation was not wilful is not clearly erroneous, as Young could easily have had the property decontrolled much earlier. The tenant is, however, entitled to attorney’s fees and costs under the ordinance, as § 9 expressly provides for liability for reasonable attorney’s fees and costs for any person who “receives, or retains any payment of rent, in excess of the maximum lawful rent.” A showing that a violation is neither wilful nor the result of failure to take practicable precautions merely limits the amount of liquidated damages to the amount of the overcharge. D. Breach of Warranty of Habitability.