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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)

Citation
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Parent Document
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Jurisdiction
Massachusetts (state)
Effective Date
1973-03-05

Other Sections in This Document (181)

Full Text

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The situation before us is that tenants who have admittedly withheld payment of rent for apartments which they continued to occupy despite alleged violations of the Code now take the position that by reason of the violations the landlord may neither evict them nor recover any rent from them. The opinion of the court holds that the tenants are subject to eviction because of their failure to pay rent, but that their liability for unpaid rent is limited to the reasonable value, if any, of their apartments, considering the alleged violations of the Code. That holding is sufficient to dispose of the only issues raised in these cases, and to that extent I concur with the opinion.