ZUSSMAN v. RENT CONTROL BOARD OF BROOKLINE


367 Mass. 561 (1975)

326 N.E.2d 876

DAVID T. ZUSSMAN, trustee, vs. RENT CONTROL BOARD OF BROOKLINE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

April 30, 1975.


Attorney(s) appearing for the Case

Judith E. Soltz (Roger R. Lipson with her) for the Rent Control Board of Brookline.

Robert J. Muldoon (Jeremiah F. Healy, III, & Earl Auerbach with him) for Earl Auerbach & others.

Sidney Heimberg for David T. Zussman, trustee.

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


BRAUCHER, J.

A Brookline landlord, subject to rent control under St. 1970, c. 842 (the Act), sought certificates of eviction for the purpose of converting "controlled rental units" into condominiums. The Rent Control Board of Brookline (the board) denied the applications, and the landlord sought judicial review. Like the Municipal Court of Brookline and the Superior Court, we hold that in the circumstances "the landlord seeks to recover possession for ... just cause...

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