BOSTON HOUSING AUTHORITY v. HEMINGWAY


363 Mass. 184 (1973)

293 N.E.2d 831

BOSTON HOUSING AUTHORITY vs. RUTH HEMINGWAY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1973.


Attorney(s) appearing for the Case

Joseph S. Murphy, Jr., for the defendants.

George F. Mahoney for the plaintiff.

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


TAURO, C.J.

The Boston Housing Authority (landlord) brought two actions of summary process against the defendants (tenants)1 for failure to pay rent. The tenants contend that they were entitled to withhold rent under G.L.c. 239, § 8A, because their apartments were in uninhabitable condition2 in violation of the State Sanitary Code. The tenants argue in the alternative that the landlord's breach of an implied...

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