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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)

Citation
Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)
Parent Document
Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-08-26

Other Sections in This Document (27)

Full Text

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In denying the certificate of eviction, the board affirmed a hearing examiner’s finding that the amount of abatement to which the tenant was entitled for substandard housing conditions exceeded the amount of the rent arrearage due the landlord. The landlord, proceeding under G. L. c. 30A, § 14(7),3 claims that the board’s decision was based on an error of law and was in excess of its statutory authority in so far as it adopted the hearing examiner’s findings in which he calculated the nonpayment of rent based upon arrearages between May, 1989, and July, 1990, the time of the hearing, while computing the abatement for the period between January 21, 1986, the date the landlord had notice of ongoing State Sanitary Code violations, and the hearing date.4 The landlord also argues that the board’s decision was predicated upon erroneously admitted evidence and improper procedure and was not based on substantial evidence. We affirm.