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PEREZ v. BOSTON HOUSING AUTHORITY

368 Mass. 333 (1975)

331 N.E.2d 801

ARMANDO PEREZ & others vs. BOSTON HOUSING AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 1975.

Attorney(s) appearing for the Case

Terence P. O'Malley, Assistant Attorney General, for the Commissioner of Community Affairs & others.

Gershon M. Ratner (Bruce E. Mohl & James E. Wexler with him) for the plaintiffs.

Kevin P. Feeley (Brian P. Shillue with him) for Boston Housing Authority.

Howard E. Cohen, for Cambridge Housing Authority, amicus curiae, submitted a brief.

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

HENNESSEY, J.

In this case we hold, as clearly required by the applicable law, that the Commonwealth has no duty to provide funds for the rehabilitation of certain property of the Boston Housing Authority (BHA). However, we emphasize the disturbing social implications of this holding (infra, part 2).

Certain appellants, namely the Commissioner of the Department of Community Affairs, the Secretary of Communities and Development, the Treasurer of the...

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