COMMISSIONER OF DEPT OF COMM. AFFAIRS v. MEDFORD HOUS.


363 Mass. 826 (1973)

298 N.E.2d 862

COMMISSIONER OF THE DEPARTMENT OF COMMUNITY AFFAIRS vs. MEDFORD HOUSING AUTHORITY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 1973.


Attorney(s) appearing for the Case

Danielle E. deBenedictis, Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with her) for the Commissioner of Community Affairs.

Melvyn Zarr (Daniel D. Pearlman & Howard E. Cohen with him) for Daniel Bates & others.

John S. Ahern for Medford Housing Authority.

Jeanne C. Kettleson, for Boston Housing Authority & another, amici curiae, submitted a brief.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & WILKINS, JJ.


BRAUCHER, J.

The plaintiff, the Commissioner of the Department of Community Affairs (DCA), filed a bill in equity in the county court seeking declaratory and injunctive relief against the Medford Housing Authority (MHA). DCA seeks a declaration that it had authority to promulgate five sets of regulations covering local housing authorities (LHAs) like MHA: (a) Income and Occupancy Regulations, (b) Regulations for the Determination of Rents in State-Aided Low Rent Housing...

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